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Intellectual Property Law Commons™

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Intellectual Property

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Articles 361 - 390 of 412

Full-Text Articles in Intellectual Property Law

Mutant Copyrights And Backdoor Patents: The Problem Of Overlapping Intellectual Property Protection, Viva R. Moffat Jan 2004

Mutant Copyrights And Backdoor Patents: The Problem Of Overlapping Intellectual Property Protection, Viva R. Moffat

Sturm College of Law: Faculty Scholarship

The interactions between the three federal schemes of intellectual property protection - copyright, patent, and trademark - have often been overlooked. This article addresses some of the issues raised by the overlaps between these areas of law and concludes that the availability of more than one form of protection for certain creative or inventive works creates problems in many circumstances; that those problems have not been considered fully by policymakers or courts; and that overlapping protection interferes with the benefits meant to flow to the public. All three areas of federal intellectual property protection are commonly seen as regulatory schemes …

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Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart Jan 2004

Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart

Faculty Publications

Introduction to the symposium "The Future of International Intellectual Property: The International Relations of Intellectual Property Law," Cleveland, Ohio March 26,2004.

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European Community Compulsory Licensing Policy: Heresy Versus Commen Sense Symposium On European Competition Law , Frank Fine Jan 2004

European Community Compulsory Licensing Policy: Heresy Versus Commen Sense Symposium On European Competition Law , Frank Fine

Northwestern Journal of International Law & Business

There is a growing trend to limit the rights of intellectual property owners when the public interest warrants. Until very recently, this phenomenon has been manifested only at a transnational level.1 For example, the World Trade Organization, as recently as November 2001, in its Doha Agreement ("Doha"),2 enabled certain nations of the Asian and African subcontinents to obtain compulsory licenses to manufacture and distribute domestically certain anti-retroviral drugs by declaring a state of national health emergency. Doha raises an intriguing question: if limited intrusions into valuable intellectual property rights may be justified on public health grounds, should not such intrusions …

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The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley Jan 2004

The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley

Scholarly Articles in Law Reviews & Journals

In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …

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Copyrighting Facts, Michael S. Green Oct 2003

Copyrighting Facts, Michael S. Green

Faculty Publications

No abstract provided.

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Controlling Opportunistic And Anti-Competitive Intellectual Property Litigation, Michael J. Meurer Jan 2003

Controlling Opportunistic And Anti-Competitive Intellectual Property Litigation, Michael J. Meurer

Faculty Scholarship

It is useful to think of intellectual property (IP) law both as a system of property rights that promotes the production of valuable information and as a system of government regulation that unintentionally promotes socially harmful rent-seeking. This Article analyzes methods of controlling rent-seeking costs associated with opportunistic and anti-competitive IP lawsuits. My thinking is guided to some extent by the analysis of procedural measures for controlling frivolous litigation, and analysis of antitrust reforms designed to control strategic abuse of antitrust law. These analogies lead me to focus on pre-trial and post-trial control measures that reduce the credibility of weak …

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Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley Jan 2003

Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley

Faculty Articles

This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to …

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Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius Jan 2003

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …

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"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller Jan 2003

"Book Review Of Controlling Voices: Intellectual Property, Humanistic Studies, And The Internet", James S. Heller

Library Staff Publications

No abstract provided.

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Means/Ends Analysis In Copyright Law: Eldred V. Ashcroft In One Act, Dan T. Coenen, Paul J. Heald Oct 2002

Means/Ends Analysis In Copyright Law: Eldred V. Ashcroft In One Act, Dan T. Coenen, Paul J. Heald

Scholarly Works

The authors examine Eldred v. Ashcroft in a play setting where one of the characters plays a constitutional law professor and the other character plays an intellectual property professor.

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Transcript For Panel One: Intellectual Property And Genetic Science: The Legal Dilemmas Symposium, American University Law Review Feb 2002

Transcript For Panel One: Intellectual Property And Genetic Science: The Legal Dilemmas Symposium, American University Law Review

American University Law Review

No abstract provided.

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How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos Jan 2002

How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos

Northwestern Journal of International Law & Business

The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …

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Disease Management And Liability In The Human Genome Era, Larry I. Palmer Jan 2002

Disease Management And Liability In The Human Genome Era, Larry I. Palmer

Faculty Publications

No abstract provided.

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Symposium Introduction: Napster: Innocent Innovation Or Egregious Infringement, Gregory P. Magarian Jan 2002

Symposium Introduction: Napster: Innocent Innovation Or Egregious Infringement, Gregory P. Magarian

Scholarship@WashULaw

Napster is gone for now, but the fissures it opened in our understanding of intellectual property will challenge lawyers for a long time. The basic idea behind Napster was a simple outgrowth of the Internet's premise of linking computers to facilitate the wide-spread exchange of information. The Napster Web site, with its peer-to-peer file sharing technology, created a sort of "clearing house" for information, specifically the sound files known as MP3s. Thousands upon thousands of users could sign on to the Napster site at any given time, offer MP3 files for downloading, and in turn download any files that any …

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A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr. Oct 2001

A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

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Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein Oct 2001

Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein

Indiana Law Journal

Addison C. Harris Lecture, November 9,2000.

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Digital Information, Licensing, And The Threat To Fair Use, James S. Heller Oct 2001

Digital Information, Licensing, And The Threat To Fair Use, James S. Heller

Library Staff Publications

No abstract provided.

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Agricultural Biotechnology: Why It Can Save The Environment And Developing Nations, But May Never Get A Chance, Mary Lynne Kupchella Apr 2001

Agricultural Biotechnology: Why It Can Save The Environment And Developing Nations, But May Never Get A Chance, Mary Lynne Kupchella

William & Mary Environmental Law and Policy Review

No abstract provided.

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International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff Jan 2001

International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff

Richmond Journal of Global Law & Business

Globalization of the world has forced the evolution of international norms. Never before has the world been able to communicate so quickly across borders. Instantaneous global communication-the ability to send and receive not just e-mail messages, but documents, videos, and software-enables this instant communication.

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Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller Jan 2001

Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller

Library Staff Publications

No abstract provided.

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Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller Nov 2000

Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller

Library Staff Publications

No abstract provided.

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Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow Jan 2000

Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow

Northwestern Journal of International Law & Business

Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China's many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement …

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Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji Oct 1999

Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji

Indiana Journal of Global Legal Studies

No abstract provided.

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Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara Apr 1999

Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara

Indiana Journal of Global Legal Studies

No abstract provided.

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Introduction: Sovereignty And The Globalization Of Intellectual Property, Symposium, Fred H. Cate Oct 1998

Introduction: Sovereignty And The Globalization Of Intellectual Property, Symposium, Fred H. Cate

Indiana Journal of Global Legal Studies

No abstract provided.

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Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki Oct 1998

Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.

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Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe Oct 1998

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.

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Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews Oct 1998

Harmonization And The Goals Of Copyright: Property Rights Or Cultural Progress?, Kenneth D. Crews

Indiana Journal of Global Legal Studies

No abstract provided.

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Alternative Dispute Resolution In Commercial Intellectual Property Disputes , Scott H. Blackman, Rebecca M. Mcneill Aug 1998

Alternative Dispute Resolution In Commercial Intellectual Property Disputes , Scott H. Blackman, Rebecca M. Mcneill

American University Law Review

No abstract provided.

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An Economic Analysis Of Damages Rules In Intellectual Property Law, Roger D. Blair, Thomas F. Cotter May 1998

An Economic Analysis Of Damages Rules In Intellectual Property Law, Roger D. Blair, Thomas F. Cotter

William & Mary Law Review

No abstract provided.

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