Blog Posts: Intellectual property

Commerce Dep't struggles to implement anti-cyberwar regs

A U.S. Commerce Department agency proposed export regulations to meet an international commitment to limit technologies that can be used for cyberattacks. But the agency withdrew the proposal after a barrage of criticism from the tech industry.
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No Comments | Posted by Joseph A. Fleishman on Wed. February 17, 2016 9:52 PM
Categories: Cyberwarfare, Free Trade, Intellectual property, International regulatory coordination, Reports (longer, analytical blog posts), United States

SAS wins $79m judgment after finessing comity and collateral estoppel

A $79 million judgment for SAS earlier this month was based on the software company’s federal copyright claim and various state-law claims, but it also depended on comity and several other principles of international law.


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No Comments | Posted by Christopher R. Bagley (Chris) on Sun. October 25, 2015 3:33 PM
Categories: Conflict of Laws, European Union, Intellectual property, United Kingdom, United States

TPP provides controversial new IP rights for biological drugs

Representatives of the United States and the eleven other parties to the Trans-Pacific Partnership agreed on groundbreaking protections for intellectual-property rights in biological drugs. But the standards are uneven, the result of eleventh-hour negotiations whose details remain largely secret.


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No Comments | Posted by Sarah J. Sawyer on Wed. October 14, 2015 3:07 PM
Categories: Free Trade, Intellectual property, Medical Markets, United States, WikiLeaks, World Trade Organization

Famous Marks in America: A Dangerous Void

America was one of the largest proponents of the TRIPS agreement, an international agreement regarding intellectual property protection, and is arguably the reason this agreement exists. With 16 of the 34 disputes involving TRIPS at the WTO stemming from complaints filed by the United States, we are heavily invested in enforcing the treaty. ou would think someone so quick to point out others TRIPS treaty violations would make scrupulously sure their own house was in order. At least with respect to famous trademarks, you would be wrong.


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No Comments | Posted by Daniel W. Cole on Thu. November 13, 2014 4:01 PM
Categories: Intellectual property, Trademarks, United States

Peter Rutledge: The Complexities of Intellectual Property in International Business

Peter “Bo” Rutledge discussed arbitration's advantages over a system of compulsory licences in the context of a private investor-state relationship.


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No Comments | Posted by Melody B. Rowell on Thu. March 1, 2012 11:34 AM
Categories: Intellectual property, International Dispute Resolution

ICANN: Uncertainty to the Right of the Dot

The announcement by ICANN (Internet Corporation of Assigned Names and Numbers) of the public’s ability to apply for personalized top-level domain names (gTLDs) caused uncertainty for companies in the Internet landscape with regard to trademark protection. The looming unknown might provide the flood of graduating law students a foray into an exciting new world of Intellectual Property issues to the right of the dot. Trevor Schmidt, an associate at Moore & Van Allen PPLC, laid the foundation of Internet domains and hinted at issues that will arise from the roll-out of ICANN’s gTLD application process.


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No Comments | Posted by Elizabeth M. Hodge on Sun. February 26, 2012 12:17 PM
Categories: Cyberlaw, Intellectual property, Trademarks

Your Fame in Spain is Mainly Not Germaine

Professor Leaffer advocates that the United States (U.S.) should amend its federal Trademark (TM) law to grant “well-known” marks from foreign countries an exception to the territoriality principle. To make his point, Leaffer examines two leading TM cases, Grupo Gigante SA De CV v. Dallo & Co., Inc., and ITC Ltd. v. Punchgini, Inc., sitting on opposite sides of this “territoriality” issue. Leaffer proposes statutorily adopting Article 6bis of the Paris Convention. This would allow U.S. TM protection for “well-known” foreign marks not currently “in use” in the U.S.


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No Comments | Posted by Daniel R. Hinson (Dan) on Sun. February 26, 2012 12:13 PM
Categories: Intellectual property, Trademarks

ICANN and Domain Name Dispute Resolution

Professor Kesan returned to the topic of ICANN's domain name dispute resolution process, UDRP. In the process, he addressed a very interesting correlation between various countries' levels of economic development and the dispute resolution systems they adopt. 


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No Comments | Posted by Elliot L. Franklin on Sun. February 26, 2012 12:09 PM
Categories: Cyberlaw, Intellectual property, International Dispute Resolution, Symposium, Trademarks

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