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Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton 2012 Pepperdine University

Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton

Pepperdine Law Review

No abstract provided.


Will Gene Patents Impede Whole Genome Sequencing?: Deconstructing The Myth That 20% Of The Human Genome Is Patented, Christopher M. Holman 2012 University of Missouri-Kansas City

Will Gene Patents Impede Whole Genome Sequencing?: Deconstructing The Myth That 20% Of The Human Genome Is Patented, Christopher M. Holman

IP Theory

No abstract provided.


Data Management Policies And Issues With Life Science Data, Michelle Malizia 2012 National Network of Libraries of Medicine, South Central Region

Data Management Policies And Issues With Life Science Data, Michelle Malizia

Lecture Series on E-Science

Data management and sharing are relatively new concepts in the health and life sciences fields. This presentation will cover some basic policies as well as the impediments to data sharing unique to health and life sciences data.


Rethinking “Murderabilia”: How States Can Restrict Some Depictions Of Crime As They Restrict Child Pornography, Joseph C. Mauro 2012 Court of Appeals of Maryland

Rethinking “Murderabilia”: How States Can Restrict Some Depictions Of Crime As They Restrict Child Pornography, Joseph C. Mauro

Fordham Intellectual Property, Media and Entertainment Law Journal

Murderabilia refers to items whose commercial value stems from their relation to a notorious crime or criminal. To protect victims of crime from psychological harm, most states have passed laws restricting the sale of murderabilia. Many of these laws have been challenged on First Amendment grounds, and observers consider them to be of questionable constitutionality. I propose that the constitutional framework allowing states to restrict child pornography can solve this problem. In New York v. Ferber, the Supreme Court held that states may restrict child pornography as speech, without regard to its First Amendment value, because it is “intrinsically related” …


Piercing Pennoyer With The Sword Of A Thousand Truths: Jurisdictional Issues In The Virtual World, Andrew Cabasso 2012 Fordham University School of Law

Piercing Pennoyer With The Sword Of A Thousand Truths: Jurisdictional Issues In The Virtual World, Andrew Cabasso

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald 2012 Fordham University School of Law

Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note presents the history of the problem of VIPs' restricted access to information, a legal-realist analysis of the reasons for and against a WIPO treaty for the blind, and the contours of a best-case solution.


The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris 2012 Indiana University - Robert H. McKinney School of Law

The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris

Fordham Intellectual Property, Media and Entertainment Law Journal

Without a doubt, health care costs are on the rise, and how to reduce those costs is of great concern to many. The Hatch-Waxman Act attempts to reduce pharmaceutical costs by encouraging market entry by lower-priced generic pharmaceuticals and without a doubt has been successful in doing so over the last three decades. The question is, at what price? Although designed to balance greater generic market entry with stronger incentives for brand-name pharmaceutical innovators to continue developing new drugs, the Act appears to have fall short of making those incentives nearly strong enough and, indeed, likely weakens them. Perhaps more …


The Indecency Of Indecency: How Technology Affects The Constitutionality Of Content-Based Broadcast Regulation, Nick Gamse 2012 Northwestern University School of Law

The Indecency Of Indecency: How Technology Affects The Constitutionality Of Content-Based Broadcast Regulation, Nick Gamse

Fordham Intellectual Property, Media and Entertainment Law Journal

In the thirty-plus years since FCC v. Pacifica Foundation revolutionized content-based broadcast regulation, much has changed. Although broadcast television was recognized as a dangerously pervasive medium in 1978, it is no longer the dominant force that it once was, with the vast majority of Americans now paying for subscription television services like cable or satellite. And while the Pacifica Court strove to support parents in their struggle to protect their children from pervasive inappropriate content by upholding the FCC’s content regulation, technological developments like the V-Chip, cable boxes, DVRs, and satellite boxes have afforded modern parents various self-help alternatives. Many …


Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik 2012 Petrik Law Firm

Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik

Fordham Intellectual Property, Media and Entertainment Law Journal

The purpose of this paper is to illustrate the approaches taken in the European Union and the United States to protect moral rights of musicians, specifically the right of integrity, and to give a sense of a possible future trend in the development of this issue. Currently, the United States protects an author’s right of integrity through other legal frameworks, like contract law or defamation, but does not expressly recognize moral rights. This paper proposes that the United States adopt a middle ground approach, like that taken by the United Kingdom, and provide limited, but explicit, moral rights protection to …


Printable Schedule, Texas Medical Center Library 2012 The Texas Medical Center Library

Printable Schedule, Texas Medical Center Library

Lecture Series on E-Science

No abstract provided.


Copyright And The Vagueness Doctrine, Bradley E. Abruzzi 2012 Massachusetts Institute of Technology

Copyright And The Vagueness Doctrine, Bradley E. Abruzzi

University of Michigan Journal of Law Reform

The Constitution's void-for-vagueness doctrine is itself vaguely stated. The doctrine does little to describe at what point vague laws-other than those that are entirely standardless-become unconstitutionally vague. Rather than explore this territory, the Supreme Court has identified three collateral factors that affect its inclination to invalidate a law for vagueness: (1) whether the law burdens the exercise of constitutional rights, (2) whether the law is punitive in nature, and (3) whether the law overlays a defendant-protective scienter requirement. Measured against these factors, copyright law does not meet the vagueness doctrine's minimum requirement of fair notice to the public. Copyright, by …


Privacy, Copyright, And Letters, Jeffrey L. Harrison 2012 University of Florida Levin College of Law

Privacy, Copyright, And Letters, Jeffrey L. Harrison

UF Law Faculty Publications

The focus of this article is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …


Privacy, Copyright, And Letters, Jeffrey L. Harrison 2012 University of Florida Levin College of Law

Privacy, Copyright, And Letters, Jeffrey L. Harrison

UF Law Faculty Publications

The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …


The Morning After: Trips-Plus, Ftas And Wikileaks - Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said 2012 University of Central Lancashire

The Morning After: Trips-Plus, Ftas And Wikileaks - Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said

Joint PIJIP/TLS Research Paper Series

Leaked diplomatic cables related to the United States’ foreign policy implementing and enforcing intellectual property in developing countries draw a bleak picture. U.S. interest groups and local agents collaborate to achieve higher levels of intellectual property protection without taking into consideration the public interest and consumer rights of local communities. This "act of state-sponsored violence," as some have proclaimed it, jeopardizes the lives of millions of citizens across the globe. It also undermines the foundations of the global multilateral trading regime and its institutions, particularly the World Trade Organization (WTO), which was created by the global community in 1995 in …


Canada And Israel: Cultivating Fairness Of Use, Meera Nair 2012 Simon Fraser University

Canada And Israel: Cultivating Fairness Of Use, Meera Nair

Joint PIJIP/TLS Research Paper Series

Despite global trends to expand the ambit of copyright, Canada and Israel both show promise in cultivating the principal of fairness when exercising exceptions to copyright. Their journeys were led by their highest courts; each sought to shift the dialogue of exceptions from stringent allowance to robust application. Both countries began from the rigidity of fair dealing and considered expansion into the realm of fair use. This exploration is intriguing given that both countries show an uncanny similarity in terms of the manner by which their nation states came into being, their ensuing diversity of population, the mixture of common …


Positive Proposals For Treatment Of Online Intermediaries, Margot E. Kaminski 2012 Yale Law School

Positive Proposals For Treatment Of Online Intermediaries, Margot E. Kaminski

Joint PIJIP/TLS Research Paper Series

In the past several years of free trade agreement negotiations, a number of proposals for establishing an international standard of liability for copyright infringement by online intermediaries have emerged. These proposals consistently lack consideration of their implications for Internet users. Building off a public stakeholder presentation given by the author at the ninth round of negotiations of the Trans-Pacific Partnership (TPP) Agreement, held in Lima, Peru, this paper aims to identify both general principles and specific user-protecting provisions that should be considered when discussing proposals for intermediary liability.


Patent Reform And Best Mode: A Signal To The Patent Office Or A Step Toward Elimination?, Ryan G. Vacca 2012 University of Akron School of Law

Patent Reform And Best Mode: A Signal To The Patent Office Or A Step Toward Elimination?, Ryan G. Vacca

Akron Law Faculty Publications

On September 16, 2011, President Obama signed the America Invents Act (AIA), the first major overhaul of the patent system in nearly sixty years. This article analyzes the recent change to patent law's best mode requirement under the AIA. Before the AIA, patent applicants were required, at the time of submitting their application, to disclose the best mode of carrying out the invention as contemplated by the inventor. A failure to disclose the best mode was a basis for a finding of invalidity of the relevant claims or could render the entire patent unenforceable under the doctrine of inequitable conduct. …


In Support Of The Trips Agreement, Amanda JAKOBSSON, Paul S. Segerstrom 2012 Singapore Management University

In Support Of The Trips Agreement, Amanda Jakobsson, Paul S. Segerstrom

Research Collection School Of Economics

This paper challenges the conventional wisdom that the TRIPs agreement is bad for developing countries. We present a dynamic general equilibrium model of North-South trade that allows us to study the implications of stronger intellectual property rights (IPR) protection and simultaneous trade liberalization. In our model, stronger IPR protection in the South (TRIPs) leads to more innovation in the North, more technology transfer to the South and higher long-run southern consumer welfare. The South also benefits from trade liberalization but the welfare gains from TRIPs are considerably larger.


The En Banc Federal Circuit's Written Description Requirement: Time For The Supreme Court To Reverse Again?, Allen K. Yu 2012 Sustainable Methods Institute

The En Banc Federal Circuit's Written Description Requirement: Time For The Supreme Court To Reverse Again?, Allen K. Yu

Cardozo Law Review

The Federal Circuit in Ariad v. Eli Lilly finally settled en banc the long-running dispute over whether the first paragraph of 35 U.S.C. § 112 contains a written description requirement separate from an enablement requirement. According to the Federal Circuit, such a requirement exists and exists to "convey[] to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date." The problem with the Federal Circuit's written description- "possession" doctrine is twofold. First, it characterizes the quid pro quo role of disclosure beyond its traditional role of placing knowledge in the …


A Case Against The Acta, Kenneth L. Port 2012 William Mitchell College of Law

A Case Against The Acta, Kenneth L. Port

Cardozo Law Review

The Anti-Counterfeiting Trade Agreement (ACTA) is being considered by the Obama Administration as an executive order. If signed, this order will greatly enhance controls placed at the borders of thirty-seven countries to attempt to stop the international flow of so-called counterfeit goods. To remove the social, political, and emotional stigma, I adopt the value-neutral term imitative commodity to describe what some call counterfeits, knockoffs, or pirated goods, among others. This Article uses just three manufacturers of luxury status goods to consider whether the ACTA will have optimal or negative consequences. It concludes that the data supporting the need for the …


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