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Intellectual property

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Articles 1051 - 1080 of 1572

Full-Text Articles in Intellectual Property Law

Using Ethnographic Methods To Articulate Community-Based Conceptions Of Cultural Heritage Management, Julie Hollowell, George Nicholas Jan 2009

Using Ethnographic Methods To Articulate Community-Based Conceptions Of Cultural Heritage Management, Julie Hollowell, George Nicholas

Aboriginal Policy Research Consortium International (APRCi)

How can ethnographic methods help communities articulate and enact their own conceptions of heritage management? This and related questions are being explored through an international research project, ‘Intellectual Property Issues in Cultural Heritage’. The project includes up to twenty community- based initiatives that incorporate community-based participatory research and ethnographic methods to explore emerging intellectual property-related issues in archaeological contexts; the means by which they are being addressed or resolved; and the broader implications of these issues and concerns. We discuss three examples that use ethnography to (a) articulate local or customary laws and principles of archaeological heritage management among a …


Clean Technology Transfer And Intellectual Property Rights, Nitya Nanda, Nidhi Srivastava Jan 2009

Clean Technology Transfer And Intellectual Property Rights, Nitya Nanda, Nidhi Srivastava

Sustainable Development Law & Policy

No abstract provided.


The Flawed Nature Of The False Marking Statute, Elizabeth I. Winston Jan 2009

The Flawed Nature Of The False Marking Statute, Elizabeth I. Winston

Scholarly Articles

In 2005, the United States Court of Appeals for the Federal Circuit rendered a decision on an “issue of first impression” interpreting a one hundred sixty-three year old provision of the United States Code - the “false marking” statute embodied in 35 U.S.C. § 292. It is false marking to mark as patented an unpatented article if done with the intent to deceive the public and, as such, is a fineable offense. The false marking statute remains one of only a handful of qui tam actions left intact from a rich history of varied incentives provided by the government for …


Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh Jan 2009

Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann Jan 2009

Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween Jan 2009

Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Reexamination And Improving Patent Quality, Roger Shang Jan 2009

Reexamination And Improving Patent Quality, Roger Shang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey Jan 2009

Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati Jan 2009

Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue Jan 2009

Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer Jan 2009

Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson Jan 2009

Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill Jan 2009

In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley Jan 2009

Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Scary Patents, Stephen Mcjohn Jan 2009

Scary Patents, Stephen Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin Jan 2009

Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Innovation And Liability For Contributory Copyright Infringement, David Mcgowan Jan 2009

Innovation And Liability For Contributory Copyright Infringement, David Mcgowan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur Jan 2009

The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen Jan 2009

The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike Jan 2009

Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard Jan 2009

A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


International Legal Protection Of Trademarks In China, Robert H. Hu Jan 2009

International Legal Protection Of Trademarks In China, Robert H. Hu

Faculty Articles

This article addresses major trademark-related international regimes in which China participates. The article discusses the Chinese obligations under certain international treaties and agreements, both multilateral and bilateral, and use some Chinese court decisions to illustrate how these obligations are fulfilled in its judicial practice. Finally, the article provides an assessment of the effectiveness of these international regimes in China and offers observations on future development in protection through better enforcement. Three arguments are made: (1) International trademark law is taking roots in China; (2) China is taking its international obligations to protect trademarks seriously, and it has achieved much in …


Reproductive Freedom: Striking A Fair Balance Between Copyright And Other Intellectual Property Protections In Cartoon Characters, Laurie Richter Jan 2009

Reproductive Freedom: Striking A Fair Balance Between Copyright And Other Intellectual Property Protections In Cartoon Characters, Laurie Richter

St. Thomas Law Review

The purpose of this article is to express the reasons why copyright statutes should be overhauled to provide explicit rights reserved to the public, as opposed to the present structure of copyright law, which provides rights to a copyright owner, subject to the many exceptions that have sprung up over the past few years. Some of these exceptions, which seem to have engulfed the basic premise of copyright theory, are the broadly framed but vague protections offered by the fair use doctrine. These rights include the right of a lawful owner of a copy to sell or otherwise dispose of …


The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek Jan 2009

The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The New Private Ordering Of Intellectual Property, Lawrence M. Sung Jan 2009

The New Private Ordering Of Intellectual Property, Lawrence M. Sung

Journal of Business & Technology Law

No abstract provided.


Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch Jan 2009

Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch

Faculty Articles

In this Article, we examine the effect of judicial ideology on IP case outcomes before the Supreme Court from 1954 to 2006. We find that ideology is a significant determinant of IP cases: the more conservative a justice is, the more likely he or she is to vote in favor of recognizing and enforcing rights to intellectual property. We also find evidence that the relationship is more complex than a purely ideological account would suggest; our results suggest that law matters too. We find that a number of factors that are specific to IP are also consequential. Additionally, we show …


The Componentization Of Information, Kristen Osenga Jan 2009

The Componentization Of Information, Kristen Osenga

Law Faculty Publications

Information is ‘the oxygen of the modern age’. Despite its importance, or perhaps because of it, conventional wisdom has long been of the view that information wants to, or even needs to, be free. This idea has been extended to encompass not just raw data, but also information products such as databases and software. These products – products whose primary value lies in organizing, providing context, and distributing information content – have often been the subject of debate over whether and to what extent these works should be protected. The tension between information being free and information products being protected …


Copying In Patent Law, Christopher A. Cotropia Jan 2009

Copying In Patent Law, Christopher A. Cotropia

Law Faculty Publications

Patent law is virtually alone in intellectual property (IP) in punishing independent development. To infringe a copyright or trade secret, defendants must copy the protected IP from the plaintiff, directly or indirectly. But patent infringement requires only that the defendant's product falls within the scope of the patent claims. Not only doesn't the defendant need to intend to infringe, but the defendant may be entirely unaware of the patent or the patentee and still face liability. Nonetheless, copying does play a role in some subsidiary patent doctrines, including damages rules, willfulness, and obviousness. More significantly, the rhetoric of patent law …


Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble Jan 2009

Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble

Scholarly Works

In surveying recent literature on difficulties with cross-border injunctions in patent cases, one may conclude that the problem appears to be limited to the phenomenon of pan-European injunctions granted by some courts in Europe in cases concerning infringements of foreign patents. However, even in cases concerning domestic patents, injunctions reaching beyond national borders can be issued; the empirical evidence presented in the paper demonstrates a variety of such instances in U.S. patent cases. Certainly the existence of such injunctions in the U.S. raises concerns about their enforceability in other countries, particularly when they are issued against a foreign entity that …


Intellectual Liability, Daniel A. Crane Jan 2009

Intellectual Liability, Daniel A. Crane

Articles

Intellectual property is increasingly a misnomer since the right to exclude is the defining characteristic of property and incentives to engage in inventive and creative activity are increasingly being granted in the form of liability rights (which allow the holder of the right to collect a royalty from users) rather than property rights (which allow the holder of the right to exclude others from using the invention or creation). Much of this recent reorientation in the direction of liability rules arises from a concern over holdout or monopoly power in intellectual property. The debate over whether liability rules or property …