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