La Loi Sur La Protection Des Obtentions Végétales; Entre Compétitivité Et Utopie, Y A-T-Il Un Avenir Pour Le Modèle?,
2010
Allard School of Law at the University of British Columbia
La Loi Sur La Protection Des Obtentions Végétales; Entre Compétitivité Et Utopie, Y A-T-Il Un Avenir Pour Le Modèle?, Régine Tremblay
All Faculty Publications
Y a-t-il un avenir pour le régime de la Loi sur la protection des obtentions végétales? Cet article analyse les deux vagues majeures de législation entourant la protection et la stimulation des investissements dans le domaine des obtentions végétales au Canada et dans l‘Union européenne. Le Canada pourrait-il saisir sa chance et devenir un acteur de premier plan? Qui plus est, que peut-on apprendre et transposer d‘un régime de propriété intellectuelle sectoriel vers un régime general?
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change,
2010
Boston University School of Law
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey
Faculty Scholarship
This Article argues that the open-source and anti-expansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …
Copyright, Creative Commons And Artistic Integrity,
2010
Edith Cowan University
Copyright, Creative Commons And Artistic Integrity, Yagan M. Kiely
Theses : Honours
Copyright offers tight control over intellectual property while Creative Commons deliberately relaxes this control; this relaxed control provides an artist with an alternative marketing strategy as well as a secure electronic distribution method. Copyright has been a useful tool for controlling intellectual property since its inception in 1710, but new developments in distribution of copyrighted materials has provided new challenges for copyright law. Creative Commons offers an alternative approach to copyright that embraces, rather than confronts these challenges. Creative Commons is an alternative to copyright that is capable of representing all forms of art; sculpture, painting, literature, music printing and …
Current Patent Laws Cannot Claim The Backing Of Human Rights,
2010
Boston University School of Law
Current Patent Laws Cannot Claim The Backing Of Human Rights, Wendy J. Gordon
Faculty Scholarship
In the dispute over the enforcement of pharmaceutical patents, the International Covenant on Economic, Social and Cultural Rights is sometimes cited as giving patent protection the status of a 'human right'. It is true that the ICESCR provides for ‘the right of everyone’ ‘[t]o benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author’. But that does not mean that patent protection is a human right. Patent fails as a human right for many reasons, one of which is the lack of fit between current patent …
Review Of The Rhetoric Of Intellectual Property: Copyright Law And The Regulation Of Digital Culture, By Jessica Reyman,
2010
Boston University School of Law
Review Of The Rhetoric Of Intellectual Property: Copyright Law And The Regulation Of Digital Culture, By Jessica Reyman, Jessica Silbey
Faculty Scholarship
A short book review of Jessica Reyman’s, The Rhetoric of Intellectual Property: Copyright Law and the Regulation of Digital Culture.
Trademark Remedies And Online Intermediaries,
2010
Boston University School of Law
Trademark Remedies And Online Intermediaries, Stacey Dogan
Faculty Scholarship
For several years now, courts and commentators have tussled over the question of whether online intermediaries can face liability under trademark law. Because both case law and commentary have largely focused on the threshold question of "trademark use, " we know little about what specific behavior will subject intermediaries to liability and what remedies might follow. This Essay takes some preliminary steps toward addressing those questions.
Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression,
2010
Allard School of Law at the University of British Columbia
Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, Graham Reynolds
All Faculty Publications
Networked digital technologies have given Canadians the opportunity to engage with culture in a way that has never before been possible. Empowered and inspired, individuals from Prince George to the Georgian Bay to George Street are rejecting their former role as passive consumers of culture in order to participate in a continuing process of cultural (re)creation, production, and dialogue. One way in which they are doing so is by engaging in the transformative use of existing expression, a type of creative activity in which previously existing expression is reworked for a new purpose, with new interpretations or with a new …
Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble
Scholarly Works
In declaratory judgment actions brought by alleged infringers against rights holders, such as actions for declaration of invalidity or non-infringement of intellectual property rights, U.S. courts have long maintained that sending a cease-and-desist letter alone, absent other acts in an alleged infringer's forum, is not a sufficient basis for personal jurisdiction over the rights holder who mailed them to the alleged infringer's forum. Notwithstanding the similarities between cease-and-desist letters and notifications under the Digital Millennium Copyright Act (DMCA), the Tenth Circuit Court of Appeals recently decided that sending a notification alone does establish a basis for personal jurisdiction over the …
Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain,
2010
Indiana University Maurer School of Law
Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain, Michael Mattioli
Articles by Maurer Faculty
This article studies the law and economics of cooling-off periods and secondary markets for online media. The discussion is fueled by a current debate: In July 2009, the online retail juggernaut, Amazon.com, remotely deleted literary classics from consumers’ portable “Kindle” reading devices. The public outcry and class-action lawsuit that followed have reinvigorated an ongoing debate about how much control digital media distributors should wield. Pundits and plaintiffs argue that too often, digital distributors like Amazon impair consumer freedom by misusing Digital Rights Management (DRM) software systems. However, these same systems could also provide significant benefits that have largely gone ignored. …
Patent Misuse And Innovation,
2010
Indiana University Maurer School of Law
Patent Misuse And Innovation, Marshall Leaffer
Articles by Maurer Faculty
No abstract provided.
Statute Of Anne: Today And Tomorrow,
2010
Indiana University Maurer School of Law
Statute Of Anne: Today And Tomorrow, Marshall Leaffer, Peter Jaszi, Craig Joyce, Tyler Ochoa
Articles by Maurer Faculty
No abstract provided.
Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Project Configuration,
2010
Indiana University Maurer School of Law
Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Project Configuration, Mark D. Janis, Susan Scafidi, Orit Fischman Afori, Wendy J. Gordon, Jonathan Moskin
Articles by Maurer Faculty
No abstract provided.
The Role Of The Subconscious In Intellectual Property Law,
2010
UC Hastings College of the Law
The Role Of The Subconscious In Intellectual Property Law, Robin Feldman
Faculty Scholarship
No abstract provided.
Reconciling Fair Use And Trademark Use,
2010
UC Hastings College of the Law
Reconciling Fair Use And Trademark Use, Margreth Barrett
Faculty Scholarship
No abstract provided.
The Wisdom Of Legislating For Anticipated Technological Advancements,
2010
Saint Louis University School of Law
The Wisdom Of Legislating For Anticipated Technological Advancements, Yvette Joy Liebesman
All Faculty Scholarship
The past four decades have been witness to the realization of ideas which, when first contemplated, seemed to resemble the prose of science fiction writers. Some seemingly far-fetched notions, such as robot pets, anti-sleeping pills, and ugly unisex jumpsuits, are now readily available. However, there are currently no colonies on the moon, and we are all still waiting to order our personal jetpacks from Amazon.com. Some are likely to remain in the realm of science fiction and will only be realized with the help of movie and television special effects artists. Yet through these entertaining glimpses into a potential future, …
