Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

17,071 Full-Text Articles 13,303 Authors 17,201,239 Downloads 202 Institutions

All Articles in Intellectual Property Law

Faceted Search

17,071 full-text articles. Page 500 of 545.

Acta's State Of Play: Looking Beyond Transparency, Michael Geist 2011 American University Washington College of Law

Acta's State Of Play: Looking Beyond Transparency, Michael Geist

American University International Law Review

No abstract provided.


Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker 2011 American University Washington College of Law

Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker

American University International Law Review

No abstract provided.


Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens 2011 American University Washington College of Law

Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens

American University International Law Review

No abstract provided.


Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva 2011 American University Washington College of Law

Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva

American University International Law Review

No abstract provided.


A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan 2011 American University Washington College of Law

A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan

American University International Law Review

No abstract provided.


Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall 2011 American University Washington College of Law

Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall

American University International Law Review

No abstract provided.


Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler 2011 American University Washington College of Law

Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler

American University Journal of Gender, Social Policy & the Law

No abstract provided.


How Trade Secrecy Law Generates A Natural Semicommons Of Innovative Know-How, Jerome H. Reichman 2011 Duke Law School

How Trade Secrecy Law Generates A Natural Semicommons Of Innovative Know-How, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


The Creativity Effect, Christopher Buccafusco, Christopher Jon Sprigman 2011 Duke Law School

The Creativity Effect, Christopher Buccafusco, Christopher Jon Sprigman

Faculty Scholarship

This Article reports the first experiment to demonstrate the existence of a valua­tion anomaly associated with the creation of new works. To date, a wealth of social science research has shown that the least amount of money that owners of goods are willing to accept to part with their possessions is often far greater than the amount that purchasers would be willing to pay to obtain them. This phenomenon, known as the endowment effect, may create substantial inefficiencies in many markets. Our experi­ment demonstrates the existence of a related "creativity effect." We show that creators of works value their creations …


International Cooperation And The Patent-Antitrust Intersection, Stephen Yelderman 2011 Notre Dame Law School

International Cooperation And The Patent-Antitrust Intersection, Stephen Yelderman

Journal Articles

Commentators have long recognized the need to coordinate questions at the patent-antitrust intersection with other policy levers available under patent law. In the international context, however, control over patent policy has been fractured and entrusted to diverse decisionmakers. Many details of patent law are tightly coordinated by international agreement, while others related to antitrust are left to national discretion. This Article evaluates the consequences of this fracture, and notes ways in which the prevailing treaty regimes (the Paris Convention and the TRIPS Agreement) distort incentives for national policymaking. National discretion at the patent-antitrust intersection can be expected to result in …


Rules For Growth: Promoting Innovation And Growth Through Legal Reform, Nicole Stelle Garnett, Robert E. Litan, Yochai Benkler, Henry N. Butler, John Henry Clippinger, Robert Cook-Deegan, Robert D. Cooter, Aaron S. Edlin, Ronald J. Gilson, Oliver R. Goodenough, Gillian K. Hadfield, Mark A. Lemley, Frank Partnoy, George L. Priest, Larry E. Ribstein, Charles F. Sabel, Peter H. Schuck, Hal S. Scott, Robert E. Scott, Alex Stein, Victoria Stodden, John E. Tyler III, Alan D. Viard, Benjamin Wittes 2011 Notre Dame Law School

Rules For Growth: Promoting Innovation And Growth Through Legal Reform, Nicole Stelle Garnett, Robert E. Litan, Yochai Benkler, Henry N. Butler, John Henry Clippinger, Robert Cook-Deegan, Robert D. Cooter, Aaron S. Edlin, Ronald J. Gilson, Oliver R. Goodenough, Gillian K. Hadfield, Mark A. Lemley, Frank Partnoy, George L. Priest, Larry E. Ribstein, Charles F. Sabel, Peter H. Schuck, Hal S. Scott, Robert E. Scott, Alex Stein, Victoria Stodden, John E. Tyler Iii, Alan D. Viard, Benjamin Wittes

Journal Articles

The United States economy is struggling to recover from its worst economic downturn since the Great Depression. After several huge doses of conventional macroeconomic stimulus - deficit-spending and monetary stimulus - policymakers are understandably eager to find innovative no-cost ways of sustaining growth both in the short and long runs. In response to this challenge, the Kauffman Foundation convened a number of America’s leading legal scholars and social scientists during the summer of 2010 to present and discuss their ideas for changing legal rules and policies to promote innovation and accelerate U.S. economic growth. This meeting led to the publication …


Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application, W. Keith Robinson, M. Haq 2011 Southern Methodist University, Dedman School of Law

Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application, W. Keith Robinson, M. Haq

Faculty Journal Articles and Book Chapters

The current PTO procedures provide a few choices for a third party to influence the prosecution of a competitors patent application prior to issuance. In the case of protests and public use hearings, the third party may submit documents and explain their relevancy, but must know of the application’s existence prior to publication in order to meet the timeliness requirement. In the case of third-party submissions, the third party has a short two-month window post-publication, but cannot explain the relevancy of the documents submitted. In each case, the time frame within which a third party can act is extremely limited. …


Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel 2011 UIC School of Law

Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel

UIC Law Review

No abstract provided.


Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba 2011 Southern Methodist University, Dedman School of Law

Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

In 1709, Jacob Tonson, the premier publisher of his age, purchased the “copyright” to Shakespeare. Tonson and his family over the next fifty years went on to publish some of the most significant editions of the collected works of Shakespeare, edited by the likes of Nicholas Rowe, Alexander Pope and Samuel Johnson. In many ways, the Tonsons were responsible for the growth of Shakespeare’s popularity and the critical study of his work.

This article discusses the significance of copyright to the Tonsons’ publication decisions. It suggests that the Tonson copyright did not significantly “encourage” their contributions to Shakespeare scholarship. First, …


Threatening The Founding Ideal Of A Republic Of Letters: An Assessment Of The Supreme Court's Copyright Decisions Over The First Decade Of The Twenty-First Century, Susanna Frederick Fischer 2011 The Catholic University, Columbus School of Law

Threatening The Founding Ideal Of A Republic Of Letters: An Assessment Of The Supreme Court's Copyright Decisions Over The First Decade Of The Twenty-First Century, Susanna Frederick Fischer

Scholarly Articles

Disregard for the social value of a modern Republic of Letters like that so revered by Madison and Jefferson is a conspicuous hallmark of the Supreme Court's recent copyright case law. The four decisions in which the Court has issued full opinions since 2001 (New York Times Co. v. Tasini (2001), Eldred v. Ashcroft (2003), MGM Studios, Inc. v. Grokster, Ltd. (2005), and Reed Elsevier, Inc. v. Muchnick (2010) indicate that a majority of the Court does not share with Jefferson and Madison a belief in the civic importance of protecting widespread public access …


Clarifying The Doctrine Of Inequitable Conduct, Elizabeth I. Winston 2011 The Catholic University of America, Columbus School of Law

Clarifying The Doctrine Of Inequitable Conduct, Elizabeth I. Winston

Scholarly Articles

Addressing squarely the issue of the multiple standards of materiality in inequitable conduct litigation, Therasense v. Becton Dickinson raises many difficult issues that could be clarified through the lens of the analogous concept of fraud on the Trademark Office. The standards for finding fraud on the Trademark Office lack the ambiguity found in the doctrine of inequitable conduct, despite the parallel penalties of unenforceability and requirements of proof of materiality and intent. Informed by the many decisions of Judge Michel, this essay concludes that the standards for finding fraud before the Trademark Office, as set forth in In re Bose, …


Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine 2011 Elon University School of Law & Stanford Law School

Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine

American University International Law Review

No abstract provided.


The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe, Kurt M. Saunders, Gerlinde Berger-Walliser 2011 Northwestern Pritzker School of Law

The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe, Kurt M. Saunders, Gerlinde Berger-Walliser

Northwestern Journal of International Law & Business

Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability for trademark infringement, the courts of the United States and European nations, including France, Germany, and the United Kingdom, have applied differing standards and reached inconsistent results. This article considers the question of secondary liability for trademark infringement from a comparative perspective and contrasts the rationales …


Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout 2011 Northwestern Pritzker School of Law

Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout

Northwestern Journal of International Law & Business

One of the major problems presented by digital content and the internet has been the failure of traditional copyright enforcement mechanisms to adequately address infringement that takes place via online file-sharing. Recently, laws that would introduce a new copyright enforcement paradigm have been proposed in numerous countries and have received strong support from content industries seeking a more effective enforcement regime. These laws are often referred to as "graduated response" policies. Although there is some variation, graduated response laws typically impose requirements on Internet Service Providers (ISPs) to cooperate with rightsholders and government in policing illegal file-sharing. ISPs are required …


The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale 2011 West Virginia University College of Law

The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale

West Virginia Law Review

No abstract provided.


Digital Commons powered by bepress