Science and Technology Law Commons^™

Trade Secret And Copyright Protection Of Computer Software, 4 Computer L.J. 669 (1984), Ray A. Mantle

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Means-Plus-Function Claims In Computer Related Patent Applications Within The United States, 5 Computer L.J. 25 (1984), Stephen A. Becker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Trade Secret Protection Of Computer Software, 5 Computer L.J. 77 (1984), Vytas M. Rimas

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Software Rental, Piracy And Copyright Protection, 5 Computer L.J. 125 (1984), Debra S. Wilson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Computer Copyright Law: An Emerging Form Of Protection For Object Code Software After Apple V. Franklin, 5 Computer L.J. 233 (1984), Anderson L. Baldy Iii

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Copyright Protection For Computer Flow Logic And Algorithms, 5 Computer L.J. 257 (1984), Virginia Johnson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Fair Use And New Technology: The Appropriate Standards To Apply, Adrienne J. Marsh

Cardozo Law Review

No abstract provided.

Software Piracy And The Personal Computer: Is The 1980 Software Copyright Act Effective?, 4 Computer L.J. 171 (1983), Mickey T. Mihm

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Ownership Of Access Information: Exploring The Application Of Copyright Law To Library Catalog Records, 4 Computer L.J. 305 (1983), Celia Delano Moore

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Theory Of Overclaiming And Its Application To Diamond V. Diehr, Robert A. Kreiss

Cardozo Law Review

No abstract provided.

Addressing The Reprographic Revolution: Compensating Copyright Owners For Mass Infringement, Rosalind S. Kurz

University of Michigan Journal of Law Reform

This Article addresses the unique problems created by the reprographic revolution. Part I discusses recent legislative attempts to relieve the strain placed on existing copyright law by developing reprographic technologies. Using the recent Betamax case as an example, part II criticizes judicial efforts to apply traditional copyright doctrine to issues involving reprographic technologies. Finally, part III proposes a framework for devising, an enforcement scheme to protect copyright holders' rights without denying the public the many benefits offered by reprographic technologies. The Article outlines an approach tailored to meet the special problems associated with each of the three basic reprographic technologies: …

Copyright, Congress And Technology: The Public Record, L. Ray Patterson

Vanderbilt Law Review

This early history of copyright would be of little more than antiquarian interest except that it demonstrates the source of the confusion regarding the function of copyright. Although generally viewed as a right of the author, copyright has continued to function as a trade regulation device. Before the advent of computers and copying machines, this point was of relatively little importance, but IBM and Xerox have complicated copyright law enormously. Thus, in attempting to isolate the issues, it is helpful to view the law of copyright as statutorily creating unfair competition based on the doctrine of misappropriation. It is both …

Another Look At Copyright Protection Of Software: Did The 1980 Act Do Anything For Object Code?, 3 Computer L.J. 1 (1981), Richard H. Stern

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Supremacy Of Federal Copyright Law Over State Trade Secret Law For Copyrightable Computer Programs Marked With A Copyright Notice, 3 Computer L.J. 19 (1981), Peter A. Luccarelli Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Trade Secret Protection For Software Generally And In The Mass Market, 3 Computer L.J. 211 (1981), Miles R. Gilburne, Ronald L. Johnston

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Metamorphosis Of Software-Related Invention Patentability, 3 Computer L.J. 273 (1981), Nelson Moskowitz

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

United States Policy Toward The Transfer Of Proprietary Technology: Licenses, Taxes, And Finance, Gary C. Hufbauer, George N. Carlson

Vanderbilt Journal of Transnational Law

Much of the nation's technology is developed in public institutions, especially universities and government research laboratories, and is freely available through libraries and classrooms. Roughly one-half of total United States research and development expenditures are funded by the United States Government, and the findings from this research are generally available to citizens and foreigners at little or no charge. In addition, a great deal of technology that was once guarded by patents or trade secrets has since passed into the public domain. This paper ignores these freely available segments of the national technology base and discusses proprietary technology.

Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr.

Vanderbilt Journal of Transnational Law

UNCTAD's fourteenth plenary meeting on May 6, 1980, produced the latest of several attempts to draft such a code. The document is entitled "Draft International Code of Conduct on the Transfer of Technology" (Draft Code), and this draft will be the primary subject of analysis in this article. The drafters of the code face a number of problems, the least of which is the ultimate determination of the code's legal character and, consequently, its legal effect. This determination and other problem areas confronting the drafters, including the code's special preferences for developing countries, the core chapter on restrictive practices, and …

Protection For Trade Secrets Under The Toxic Substances Control Act Of 1976, Paula R. Latovick

University of Michigan Journal of Law Reform

This article will examine the protection provided by the Act and the measures the EPA has adopted for implementing the Act's provisions. The approach will be to focus on the different functional areas in which disclosure may take place. Part I examines the scheme for designating information as confidential and the mechanics of the reporting system under TSCA. Part II deals with disclosures of confidential information made while implementing the TSCA. Part III focuses on legal disclosures of information submitted as confidential. Finally, Part IV examines the measures taken within the EPA to guarantee the safety of confidential information, the …

The Patentability Of Living Microorganisms: Diamond V. Chakrabarty, Daniel H. Foote

Articles

Microbiologists have made great advances in modifying gene structures to create new forms of life. In Diamond v. Chakrabarty, the Supreme Court addressed for the first time the patentability of a living microorganism. In a 5-4 decision that has been condemned as heralding the advent of Aldous Huxley's Brave New World, the Court held that the living nature of a microorganism is no bar to patenting it.

United Nations International Code Of Conduct On The Transfer Of Technology, 13 J. Marshall L. Rev. 163 (1979), Homer O. Blair

UIC Law Review

No abstract provided.

Business And Economic Implications Of Programme Patent Protection In Canada, 1 Computer L.J. 105 (1978), Gaylen A. Duncan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Software Patentability Bibliography, 1 Computer L.J. 233 (1978), Michael D. Scott

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Know-How Licensing And The Antitrust Laws, David R. Macdonald

Michigan Law Review

The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.

Patents--Prior Publication-Application Of Section 102(B) To Plant Patents, Ira J. Jaffe S.Ed.

Michigan Law Review

Appellant applied for a plant patent on two roses which he had developed. The Patent Office Board of Appeals affirmed the final rejection of the application on the basis of section 102(b) of the patent statute. Pictures and classifications of the varieties of roses sought to be patented had appeared in printed publications more than one year before appellant's application. On appeal, held, reversed. In order to bar issuance of a plant patent, a description in a printed publication must convey such knowledge as to place the invention within the public domain. In re LeGrice, 301 F.2d 929 …

Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum

Cleveland State Law Review

Organized research and planned invention by highly trained specialists are now fundamental parts of the American scene. Invention-to-order has become "big business" with all of its ramifications. The purpose of this article is to analyze some of the legal problems associated with inventions and patents that come into being as a result of scientific research.

Atomic Energy - Patents - Patent Aspects Of Domestic Law, Euratom, And The International Atomic Energy Agency, Peter H. Hay

Michigan Law Review

With the growing importance of atomic energy, conventional legal concepts must be adapted and remodeled to fit new situations. In the area of patent law, the traditional notion that the inventor's reward should be a legal monopoly in the invention, in the form of a patent, has to be reconciled with the need for wide dissemination of technical information. The need for secrecy, for government control over weapons, and for cooperation with other countries affects the atomic patent system. These factors are reflected in the Atomic Energy Act of 1954 and in the agreements establishing two international organizations concerned with …

Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue

Michigan Law Review

It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.

Vaughan: The United States Patent System. Legal And Economic Conflicts In American Patent History, Bernard F. Garvey

Michigan Law Review

A Review of The United States Patent System. Legal and Economic Conflicts in American Patent History. By Floyd L. Vaughan.

Patent Office Performance In Perspective, George E. Frost

Michigan Law Review

" the only patent that is valid is one which this Court has not been able to get its hands on."

Justice Jackson's note of despair reflects all too accurately the treatment patents have seemingly received in the hands of the courts since the "new trend" of recent years. It has become the legal fashion to characterize letters patent as something the Patent Office issues and the courts strike down. Statistical support for this conclusion can be readily assembled.