Marquette Intellectual Property Law Review

Articles from Vol. 11, No. 1, Winter

Appendix: An Illustrative Example
An example of the analysis in Parts III and IV will help illustrate the points made. Assume that a secret is worth $1000 to a company (O), but the same information is worth only $500 if the information were also in the hands of a competitor (C). Presumably,...
Breaking the Law to Break into the Black: Patent Infringement as a Business Strategy
INTRODUCTION I. APPLICABILITY OF U.S. PATENT INFRINGEMENT LAWS TO CORPORATIONS A. Current U.S. Patent Laws Deterring Unintentional Infringement B. Current U.S. Patent Laws Deterring Willful Infringement II. ANALYSIS OF INADEQUATE PROTECTIONS...
Conclusion
Copyright and neighboring rights exist because there is a public purpose behind them. This public purpose is derived from the will of each country's legislature to promote the creation of useful works. (271) For the purposes of this Article, it has...
I. Available Remedies for Copyright Infringement
The TRIPs Agreement was the first multilateral agreement to establish a comprehensive set of remedies. With slight differences, remedies available under national copyright statutes contain all the provisions contained in the TRIPs Agreement. Consequently,...
III. Exercising Rights in the Right Forum - Questions of Jurisdiction
Taking jurisdiction over acts occurring abroad may be controversial. The considerations to be discussed here cover European and common law approaches; while both systems have remarkable differences reflected in the difficulties in achieving an international...
III. the Justification for Trade Secrets
This Part addresses--from strongest to weakest--three alternative normative justifications for the bundle of rights associated with trade secret law: economic justifications, philosophical justifications, and populist justifications. A. Economic...
II. Place of Infringement and Questions of Choice of Law
When there is copyright infringement abroad, there are several steps to be taken in order to claim protection overseas. The first step is to locate the country where protection is sought. Even if this task does not represent a problem in principle,...
II. Property as a Potential Justification
Any normative justification of trade secrets must begin with consideration of whether trade secrets are property. To many, if trade secrets are property, then laws protecting them are normatively justified. Thus, the question of whether or not trade...
Introduction
New technology has made copyright enforcement difficult to achieve. (1) Technology has made it possible to transmit, reproduce, and obtain copyrighted materials around the globe without great monetary investment. The Internet and digital technology...
Introduction
Why do we have trade secrets? This was the fifty billion (1) dollar question I was asking myself in a trade secrets trial as the judge asked, "I assume that you'll have evidence of irreparable injury to obtain an injunction if the jury finds trade...
I. Trade Secrets and Their History
The history of trade secret law is an interesting study in how certain intellectual property rights have developed. Whereas copyright and patent law in the United States find legal justification in the Constitution (14) and implementing federal statutes,...
IV. the Failed Hague Draft Convention-An Explanation of Its Ineffective Negotiations
A proposed mechanism for enforcing preliminary injunctions or judgments in copyright actions may be possible despite the failure of the proposed Hague Draft Convention. It is first important, though, to consider how and why those negotiations failed....
IV. the Marginal Utility of Trade Secrets
Trade secret law provides (a) protection in addition to contract or tort theories, and (b) remedies not offered by the common law. Thus, economic analysis of trade secret law must be confined to trade secret law in order to be useful. In other words,...
The Proper Scope of Patentability in International Law
INTRODUCTION I. THE ENVIRONMENTAL AND PUBLIC HEALTH CONSEQUENCES OF PATENTED TECHNOLOGY II. THE SCOPE OF PATENTABILITY A. A Brief Examination of Patentable Subject Matter in the United States 1. Formal Requirements 2. The Substantive Scope...
VI. Probable Extraterritorial Effects and a Public Choice Democracy Perspective
There are several issues that have to be addressed or considered in the process of negotiating the enforcement mechanism. These issues are related to certain consequences the mechanism will produce. There are questions, not only of transnational enforcement,...
V. Proposed Mechanism
As was previously mentioned, the proposed mechanism offers three alternative paths for a solution--making provisions for possible failures. The first path is based on an international convention on jurisdiction and recognition of judgments and decrees...
What Is Patentable Subject Matter? the Supreme Court Dismissed LabCorp V. Metabolite Laboratories, but the Issue Is Not Going Away
Introduction Patent law seeks to strike a balance regarding patentable subject matter between overprotection, which can impede the free exchange of ideas, and underprotection, which can lessen the incentive to invent. (1) Thus, what actually constitutes...
Winner of the Computer Law Association 2006 Information Technology Law Writing Competition: Gone in a Blink: The Overlooked Privacy Problems Caused by Contactless Payment Systems
INTRODUCTION I. BANKS, MERCHANTS, AND CONSUMERS: PRIMED FOR CONTACTLESS PAYMENT TECHNOLOGY A. RFID in a Contactless Payment System Nutshell B. Why Is Contactless Payment Technology Appealing? II. THE PRIVACY LANDSCAPE A. Very Little Static Has...