Is There a New Extraterritoriality in Intellectual Property?
نویسندگان
چکیده
This Article is the first to comprehensively interrogate impact of Supreme Court’s recent interventions in extraterritoriality as it relates three historical forms federal intellectual property: patent, copyright, and trademark. In this manner, fills an important gap literature because most assessments presumption focus only on one area law. Moreover, offers a novel comparative assessment evolution across trademark regimes, offering both descriptive account state law, well normative whether current law best effectuates policies that justify these protection.
 reviewing application jurisprudence areas property, concludes effort standardize has failed. Lower courts’ engagement with been, at best, inconsistent. There are times where courts simply ignore cases, relying previous cases doctrine without pausing reconsider those doctrines survive latest changes The also inconsistency cannot be justified based differing surrounding trademarks, patents.
 proceeds follows. Part I discusses trademark, stood before intervention. review demonstrates all disciplines were treating very differently, none paying much attention against extraterritoriality. II reviews tetralogy Court describing attempt formalize its approach fields III analyzes IP aftermath cases. It there been some patent but virtually copyright or assesses new for property not: efforts, least IP, have not led greater coherence. While may reasons lower failure follow framework, does represent missed opportunity cross fertilization, among if call consideration comity—looking foreign potential conflicts—in deciding apply U.S. extraterritorially.
منابع مشابه
Vitamin D: Is There a New Era?
Background: In recent decades, much interest has been focused on investigating new roles of vitamin D in human body beyond the mineral-ion homeostasis. Methods: By searching medical databases such as PubMed, over 16000 articles were found which have been published since 2000 on novel aspects of vitamin D in health and diseases. Results: Of great interest was the effects of vitamin D on ...
متن کاملMarin Genetic Resources in Areas Beyond National Jurisdiction is a Subject in Intellectual Property Rights
The discovery of marine genetic resources has led to increase of the number of international maritime patent claims .Given the unique characteristics of these organisms, the genetic resources derived from these organisms have great potential in the medical field and for research and development in the fields of antioxidants, fungal treatments, AIDS, cancer, tuberculosis, malaria And antibiotics...
متن کاملMultinational technology and intellectual property management - is there global convergence and/or specialisation?
The paper gives various indications of market and technology diversification as well as of global market and technology convergence (rather than specialization) in the context of managerial, legal and economic convergence. The results show that different countries focus on a wider but increasingly similar set of markets for R&D outputs in form of patents, which implies increasing intra-national...
متن کاملWhy Believe That There Is a God?
This article presents an argument for the existence of God, showing that the evident phenomena are best explained by supposing that a God causes them. The argument is based on the inductive force of four very evident general phenomena: that there is a physical Universe; that it is governed by very simple natural laws; that those laws are such as to lead to the existence of human bodies; and tha...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Columbia Journal of Law and the Arts
سال: 2021
ISSN: ['2161-9271', '1544-4848']
DOI: https://doi.org/10.52214/jla.v44i4.8193