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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
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
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
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
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
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
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
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
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
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
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
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 …