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Articles 631 - 660 of 695
Full-Text Articles in Intellectual Property Law
Speaking Of Moral Rights, A Conversation, Eva E. Subotnik, Jane C. Ginsburg
Speaking Of Moral Rights, A Conversation, Eva E. Subotnik, Jane C. Ginsburg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance
Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Region Codes And The Territorial Mess, Peter K. Yu
Region Codes And The Territorial Mess, Peter K. Yu
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian
Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All, Lauren Myers
Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All, Lauren Myers
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Copyright Law And The Management Of J.D. Salinger's Literary Estate, Kate O'Neill
Copyright Law And The Management Of J.D. Salinger's Literary Estate, Kate O'Neill
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Valuing Art In An Estate: New Concerns, Anne-Marie Rhodes
Valuing Art In An Estate: New Concerns, Anne-Marie Rhodes
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Share His Dream: A Fair Use Standard For Historico-Political Figures' Rights Of Publicity, Joshua Bloomgarden
Share His Dream: A Fair Use Standard For Historico-Political Figures' Rights Of Publicity, Joshua Bloomgarden
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Expediting Green Patents: The Expedited Examination Programs' Contribution To Diminished Patent Quality, Ashleigh Hebert
Expediting Green Patents: The Expedited Examination Programs' Contribution To Diminished Patent Quality, Ashleigh Hebert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Rand Patents And Exclusion Orders: Submission Of 19 Economics And Law Professors To The International Trade Commission, Arti K. Rai
Faculty Scholarship
In this comment to ITC Investigation 337-TA-745 (Certain Wireless Communication Devices, Motorola v. Apple) we, as teachers and scholars of economics, antitrust and intellectual property, remedies, administrative, and international intellectual property law, former Department of Justice lawyers and chief economists, a former executive official at the Patent and Trademark Office, a former counsel at the ITC Office of the General Counsel, and a former Member of the President’s Council of Economic Adviser take the position that ITC exclusion orders generally should not be granted under § 1337(d)(1) on the basis of patents subject to obligations to license on “reasonable and …
The Washington Declaration On Intellectual Property And The Public Interest, Sean Flynn
The Washington Declaration On Intellectual Property And The Public Interest, Sean Flynn
Scholarly Articles in Law Reviews & Journals
The Washington Declaration on Intellectual Property and the Public Interest was drafted at the Inaugural Global Congress on Intellectual Property and the Public Interest. The Inaugural Global Congress convened over 180 experts from 32 countries and six continents to re-articulate the public interest dimension in intellectual property law and policy. The Congress adopted a series of specific recommendations for action by a global network of public interest scholars and advocates, which are expressed below.
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
Scholarly Articles in Law Reviews & Journals
This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …
Symposium Introduction: Advancing Intellectual Property Goals Through Prevention And Alternative Dispute Resolution, Thomas Barton, James M. Cooper
Symposium Introduction: Advancing Intellectual Property Goals Through Prevention And Alternative Dispute Resolution, Thomas Barton, James M. Cooper
Faculty Scholarship
This essay offers a brief background to the issues that prompted a global exploration of alternative methods for preventing and resolving IP disputes. Part One describes the exploding importance of IP rights and law and consequent challenges to court adjudication. Part Two offers a snapshot of current IP enforcement methods: traditional and emerging, public and private, domestic and international. Part Three suggests factors toward matching IP problems with alternative procedures for their effective resolution. Finally, woven throughout this essay is a recommendation of stronger involvement by public domestic or international bodies in dispute prevention and ADR methods.
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
Faculty Scholarship
This essay will explore the dynamics behind Paraguay's economy, political stability, legal culture, and geopolitical conditions that make the protection of IP rights a major challenge. Part I of this essay details Paraguay's current condition in a socioeconomic, political, and developmental context. Part II of this essay explores how Paraguay's lack of economic opportunities, relaxed enforcement regime, and cultural tradition create conditions where the counterfeiting industry flourishes. Part III of this essay examines some of the international IP rights agreements to which Paraguay is a party, and it examines how these agreements might help strengthen the IP rights regime in …
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
Faculty Scholarship
This essay focuses on NAFTA and the contributions that this regional trade pact made to protect IPR and settle intellectual property (IP) disputes. It also explores the legacy of NAFTA in the context of the eventual WTO, and the rights provided by the TRIPS Agreement that was concluded as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. Section II provides a brief historical background on how NAFTA fit into the world as countries began aligning themselves by creating various trade agreements. Section III surveys the provisions and legacy of NAFTA with respect to …
Enforcement, Enforcement, What Enforcement?, Peter K. Yu
Enforcement, Enforcement, What Enforcement?, Peter K. Yu
Faculty Scholarship
The protection and enforcement of intellectual property rights has been a very hot topic in the past few years. From the introduction of the PROTECT IP Act of 2011 to the adoption of the Anti-Counterfeiting Trade Agreement (ACTA) to a recent U.S.-China dispute before the WTO, the topic has dominated policy debates at both the domestic and international levels. While most policymakers, industry representatives, and commentators have recognized the critical importance of intellectual property enforcement, there has been neither philosophical nor normative consensus on the appropriate norms in this area. Like three blind men trying to describe an elephant, different …
The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu
The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu
Faculty Scholarship
Written for a special issue on intellectual property and culture, this essay examines the longstanding claim that culture presents a major barrier to intellectual property reforms. In the context of Asia -- China, in particular -- that claim invokes Confucianism, a non-Western culture, to account for the region's -- or the country's -- continued struggle with massive piracy and counterfeiting problems. The claim draws on a century-old tradition of condemning Confucianism for being antithetical to Western modernity.
The first half of this essay focuses on the Confucian challenge to intellectual property reforms in China. Drawing on the important distinction between …
A Note On India’S Attempt To Reconcile Diversity And Intellectual Property Issues, Srividhya Ragavan
A Note On India’S Attempt To Reconcile Diversity And Intellectual Property Issues, Srividhya Ragavan
Faculty Scholarship
For developing countries, the concept of diversity holds great promises not least because of the protection it promises for the fast depleting natural resources leading to catastrophic effect on the environment. The concept of diversity also holds great promises from a trade perspective. In reality, appropriate protection of diversity can be the solution to balance the effects of the trade regime to achieve sustainable development. The term sustainable development, as opposed to rapid pockets of development, embodies great promises for the socio-political framework in poorer nations, apart from the obvious benefit of sustainability. In fact, sustainable development, if it ensues, …
A Better Balance For All: Compulsory Licensing For Non-Use Technology Patents, Jason Comer
A Better Balance For All: Compulsory Licensing For Non-Use Technology Patents, Jason Comer
Student Works
No abstract provided.
Restoring Public Access In The Wake Of The Digital Millennium Copyright Act, Michael Duni
Restoring Public Access In The Wake Of The Digital Millennium Copyright Act, Michael Duni
Student Works
No abstract provided.
Houston, We've Got A [Provisional] Problem: An Analysis Of 35 U.S.C. § 154(D), Brian L. Tremer
Houston, We've Got A [Provisional] Problem: An Analysis Of 35 U.S.C. § 154(D), Brian L. Tremer
Student Works
This article considers the inherent problems in granting provisional patent rights and the resulting tension between patent applicants and the public domain. Patent law is designed to encourage innovation and incentivize creation. To this end, there must be a balance struck between the private rights granted to a creator and the rights removed from the public. Patents, once issued, allow individuals to seize a limited monopoly over their intellectual property as a constitutional right. These exclusive rights provide incentive to disclose new works to society and thus justify weakening the public’s rights. 35 U.S.C. § 154(d) grants to a patent …
Closing The Divided Infringement Gap, David Leach
Cleaning Up The Morass: Adopting A Uniform Standard In Process Patent Review, Daniel Klyashtorny
Cleaning Up The Morass: Adopting A Uniform Standard In Process Patent Review, Daniel Klyashtorny
Student Works
No abstract provided.
Dastar's Next Stand, Mark P. Mckenna
Dastar's Next Stand, Mark P. Mckenna
Journal Articles
A series of recent cases implicate the extent to which trademark law can be used to control creative content. The possibility of using trademark law for that purpose obviously creates a potential conflict with copyright law, which ordinarily sets the rules for use of creative material developed by others. Unfortunately, despite its attraction to boundary questions in trademark law, the Supreme Court‘s Dastar decision—its lone decision demarcating trademark and copyright law—remains controversial and its scope somewhat unclear. This Essay argues that Dastar should be understood, or at least should be extended, to rule out any claims based on confusion that …
Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema
Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema
Scholarship@WashULaw
This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an ante, i.e., before the standard is actually set, to license whatever patent rights they may ultimately have in the standard on terms that are reasonable …
A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei
A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei
Research Collection Yong Pung How School Of Law
The purpose of this article is to review the development of copyright law in Singapore over the past 25 years and to examine how public policy considerations have shaped legislative and judicial development of copyright law principles. The article begins with a review of legislative activity and includes a brief survey of the public consultation exercises that have taken place on reform proposals. Included is a discussion of statutory amendments in respect of exhaustion of rights and fair dealing. This is followed by a discussion of some copyright case law, with a view to identifying judicial copyright policy approaches and …
The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele
The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele
Library Staff Publications
The transition from print to digital continues. The Copyright Act has changed a little, but not for the better. This book begins with the premise that copyright exists to promote the dissemination of information, and while creators have certain rights, so do users. This new edition updates every chapter and adds a new chapter on the library as a publisher. Also included is information on recent developments such as Creative Common licenses and the use of digital video (e.g. YouTube) in the classroom.
Book Review Of Patent Reform In The 112th Congress: Innovation Issues, Benjamin J. Keele
Book Review Of Patent Reform In The 112th Congress: Innovation Issues, Benjamin J. Keele
Library Staff Publications
No abstract provided.
(Dys)Functionality, Mark P. Mckenna
(Dys)Functionality, Mark P. Mckenna
Journal Articles
The functionality doctrine serves a unique role in trademark law: unlike virtually every other doctrine, functionality can trump consumer confusion (or so it seems, at least in mechanical-functionality cases). In this sense, functionality may be the only doctrine in trademark law that can truly be considered a defense. But despite its potential power, the functionality doctrine is quite inconsistently applied. This is true of mechanical functionality cases because courts differ over the extent to which the doctrine focuses on competitors’ right to copy unpatented features as opposed to their need to copy. And aesthetic functionality cases are even more scattered: …
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Akron Law Faculty Publications
As literary devices, a “story-within-a story” and a “play-within-a-play” have a long lineage. Shakespeare seems to have been particularly fond of these devices. The legal analog may be seen as the “case-within-a-case” (“trial-within-a-trial,” “suit-within-a-suit”) arising in legal malpractice cases. The case-within-a-case terminology seems to be the most commonly used and hence will be used herein. While it is clear that the “case” is the malpractice case, it is not so clear what the “case-within-” is, which is usually referred to as the “underlying case.” Often, it seems to be presumed that the underlying case is limited to litigation, which would …