A Critical Look At The Anti-Counterfeiting Trade Agreement,
2011
University of Richmond
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
Law Student Publications
This Article examines two of the more credible criticisms leveled against the ACTA and evaluates the credibility of each. First, some allege that the agreement is a treaty masquerading as an executive agreement. The distinction is significant because treaties may modify U.S. law and require congressional approval, while executive agreements must accord with existing law and require only presidential approval. The second criticism is the systemic lack of transparency throughout the negotiation process. Though these are not the only criticisms – far from it – they are the two most significant and stand on the most solid ground.
Naming, Identity, And Trademark Law,
2011
College of William & Mary—Marshall-Wythe School of Law
Naming, Identity, And Trademark Law, Laura A. Heymann
Indiana Law Journal
As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …
Bilski V. Kappos: Everything Old Is New Again,
2011
University of Georgia School of Law
Bilski V. Kappos: Everything Old Is New Again, Joe Miller
Scholarly Works
My goal in this brief Essay is to introduce the symposium papers by describing the basics of the Bilski case. I also offer a brief thought about where interested observers might turn next in the U.S. Court of Appeals for the Federal Circuit's § 101 jurisprudence for insights about how that court may implement Bilski's unmistakable revival of Benson and Fook. Specifically, now that the 15-year Alappat/State Street misadventure, with its patent-maximizing "useful, concrete, and tangible result" standard, has come to an end, it is time to revisit the reasoning and results in a rich trove of cases from the …
Naming, Identity, And Trademark Law,
2011
William & Mary Law School
Naming, Identity, And Trademark Law, Laura A. Heymann
Faculty Publications
As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …
The Case For A Limited Protection Of Trademark Merchandising,
2011
Singapore Management University
The Case For A Limited Protection Of Trademark Merchandising, Irene Calboli
Research Collection Yong Pung How School Of Law
Since its judicial creation in the 1970s, strong controversy has surrounded the practice of trademark merchandising. Trademark scholars have generally opposed merchandising rights because of the departure from the traditional interpretation of trademark law—protecting consumers and market competition—in favor of a direct protection of trademark value. Despite this opposition, courts and Congress have favored the acceptance of this practice by broadening the scope of trademark protection and by introducing the concept of confusion as to the products’ “sponsorship” or “affiliation” as part of the standard for trademark infringement. Not surprisingly, trademark scholars have criticized these developments but have not offered, …
Causing Infringement,
2011
State University of New York at Buffalo
Causing Infringement, Mark Bartholomew, Patrick F. Mcardle
Vanderbilt Law Review
In its most recent contributory infringement pronouncement, the Supreme Court advised courts wrestling with these issues to consult tort law's own contributory liability framework, which it described as "well established."31 The conventional wisdom among legal scholars agrees with the Court. Most scholarship in this area contends that obeisance to traditional tort law principles of contributory liability will fill the void in infringement law with answers that are adequately calibrated to the balance between incentivizing creation and permitting downstream use. This Article challenges that conventional wisdom. Although we agree that tort law can shed some much-needed light on contributory infringement, we …
Innovative Copyright,
2011
Rutgers School of Law-Camden
Innovative Copyright, Greg Lastowka
Michigan Law Review
For over a decade, Michael Carrier has been exploring the intersection of antitrust and intellectual property ("IP") law, contributing many articles that offer new solutions and approaches to the vexing problems confronting the law of innovation. Carrier's academic writing is situated in a voluminous scholarly discourse about the appropriate rules and goals of the laws of copyright, patent, and antitrust. While Carrier easily could have written an "insider" tome for specialists in this area, his new book, Innovation for the 21st Century, is targeted at a broader audience. Carrier's book is directed at legislators, jurists, and opinion makers-as well as …
Mobilizing User-Generated Content For Canada’S Digital Content Advantage,
2011
The University of Western Ontario
Mobilizing User-Generated Content For Canada’S Digital Content Advantage, Samuel E. Trosow, Jacquelyn Burkell, Nick Dyer-Witheford, Pamela J. Mckenzie, Michael B. Mcnally, Caroline Whippey, Lola Wong
Research Day (Arts & Humanities, FIMS, and Education)
The goal of the Mobilizing User-Generated Content for Canada’s Digital Content Advantage project is to define User-Generated Content (UGC) in its current state, identify successful models built for UGC, and anticipate barriers and policy infrastructure needed to sustain a model to leverage the further development of UGC to Canada's advantage.
This poster session is based on the report, Mobilizing User-Generated Content For Canada’s Digital Advantage (http://ir.lib.uwo.ca/fimspub/21/) and is related to the Brown Bag presentation also presented on March 23, 2011 (http://ir.lib.uwo.ca/fimspres/11/).
Introduction: Cities And Sustainability,
2011
American University Washington College of Law
Introduction: Cities And Sustainability
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2011
American University Washington College of Law
Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle),
2011
American University Washington College of Law
Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson
Book Reviews
A review of Gene Patents and Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models and Liability Regimes.
Trips Enforcement And Developing Countries,
2011
Texas A&M University School of Law
Trips Enforcement And Developing Countries, Peter K. Yu
Faculty Scholarship
In January 2009, the WTO Dispute Settlement Body released a panel report on China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights. The dispute concerned the inadequacy of protection and enforcement of intellectual property rights in China under the TRIPS Agreement. While both China and the United States were quick to declare victory in this dispute, less developed countries might have become the dispute’s unintended and unannounced winner.
As part of the symposium on the Anti-counterfeiting Trade Agreement (ACTA) and international intellectual property enforcement, this Article focuses on the implications of this panel report for less developed …
Trips And Its Achilles' Heel,
2011
Texas A&M University School of Law
Trips And Its Achilles' Heel, Peter K. Yu
Faculty Scholarship
Written for the "15 Years of TRIPS Implementation" Symposium, this article examines why the TRIPS Agreement fails to provide effective global enforcement of intellectual property rights. It attributes such failure to five sets of challenges: historical, economic, tactical, disciplinary, and technological.
The article then outlines the various actions taken by both developed and less developed countries to steer the TRIPS Agreement and the larger international intellectual property system toward their preferred positions. While developed countries push for the development of stronger enforcement norms, less developed countries resist those demands and complain about the use of bilateral, plurilateral, and regional trade …
Pseudo-Interactivity: An Appropriate Rate Scheme For Customizable Internet Radio Services,
2011
Benjamin N. Cardozo School of Law
Pseudo-Interactivity: An Appropriate Rate Scheme For Customizable Internet Radio Services, Ira Hoffman
Cardozo Law Review
No abstract provided.
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement),
2011
American University Washington College of Law
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).
The Remix Artist’S Catch-22: A Proposal For
Compulsory Licensing For Transformative,
Sampling-Based Music,
2011
Washington and Lee University School of Law
The Remix Artist’S Catch-22: A Proposal For Compulsory Licensing For Transformative, Sampling-Based Music, Robert M. Vrana
Washington and Lee Law Review
No abstract provided.
Causing Damage Without Authorization: The Limitations Of Current Judicial Interpretations Of Employee Authorization Under The Computer Fraud And Abuse Act,
2011
William & Mary Law School
Causing Damage Without Authorization: The Limitations Of Current Judicial Interpretations Of Employee Authorization Under The Computer Fraud And Abuse Act, Garrett D. Urban
William & Mary Law Review
No abstract provided.
Statutory Cosmetic Surgery: Misinterpretation Of The Copyright Act’S Registration Requirement In Cosmetic Ideas, Inc. V. Iac/Interactivecorp,
2011
Brigham Young University Law School
Statutory Cosmetic Surgery: Misinterpretation Of The Copyright Act’S Registration Requirement In Cosmetic Ideas, Inc. V. Iac/Interactivecorp, Nathan R. Curtis
BYU Law Review
No abstract provided.
Closing One Loophole And Opening Another: Why Section 271(F) Patent Infringement Should Apply To Method Patents After Cardiac Pacemakers,
2011
University of San Diego
Closing One Loophole And Opening Another: Why Section 271(F) Patent Infringement Should Apply To Method Patents After Cardiac Pacemakers, Michael Silhasek
San Diego Law Review
This Comment will address the applicability of § 271(f) to method patents compared with other patented inventions-machines, manufactures, and compositions of matter. Part II will briefly discuss the primary purpose of the infringement statute, which is to encourage inventive action by granting rights to a patent holder. Part III will discuss the history of § 271(f) and the section's applicability to process patents. The Federal Circuit questioned the section's applicability to method patents, then affirmed it, then questioned it again, and then, most recently, rejected it. Part IV will examine other foreign activity that could lead to domestic infringement. Part …
Partial Patents,
2011
Indiana University Maurer School of Law
Partial Patents, Michael Mattioli, Gideon Parchomovsky
Articles by Maurer Faculty
In this Article, we propose a way to improve the workings of the patent system. Unlike most extant reform proposals that focus on the USPTO and the Federal Circuit and the procedures they employ, our proposal is conceptual in nature. We introduce two new intellectual property forms—“quasi-patents” and “semi-patents.” Quasi-patents, as we define them, would avail only against direct business competitors of the inventor, but not against anyone else. Semi-patents would have the same scope as traditional patents, but their grant would be conditioned on an applicant’s consent to publish all research information pertaining to the protected invention. These two …
