Marquette Intellectual Property Law Review

Articles from Vol. 17, No. 1, Winter

Beneficiaries of Misconduct: A Direct Approach to IT Theft
I. INTRODUCTION: THE IMPACT OF STOLEN IT ON COMPETITION II. ADDRESSING IT THEFT UNDER EXISTING LEGAL REGIMES A. Federal Trade Commission Act B. State Unfair Competition Laws C. National Trade Laws III. The Washington and Louisiana...
Free Fashion
INTRODUCTION PART I: CURRENT STATE OF FASHION DESIGN PROTECTION A. Trademarks B. Design Patents C. Copyrights PART II: HISTORY OF FASHION DESIGN PROTECTION LEGISLATION A. Res Ipsa Loquitur B. Design Piracy Prohibition...
Reverse Engineering IP
INTRODUCTION PART I: SAMPLING PATENT TO REMIX COPYRIGHT: THEORY IN PRACTICE PART II: THE INTELLECTUAL PROPERTY MONOPOLIES A. Tale of Two Regimes B. Patent 1. Policy Considerations and the Law C. Copyright ...
The End of Ownership?
INTRODUCTION I. A BRIEF HISTORY OF COPYRIGHT LIMITATION: FIRST SALE A. The Grounds and Goals of Modern Copyright Law B. The Evolution of First Sale II. EXPANDING RESTRICTIONS, CONTRACTING USER RIGHTS A. Combining Copyright...
The Immorality of Strict Liability in Copyright
I. INTRODUCTION II. THE TORT OF COPYRIGHT INFRINGEMENT III. Fair Use as a Fault Standard IV. SHIFTING THE BURDEN OF PROOF V. CONCLUSION "Abhorred monster ! Fiend that thou art ! The tortures of hell are too mild a vengeance for thy...
The National Institutes of Health, Patents, and the Public Interest: An Expanded Rationale of Justice Breyer's Dissent in Stanford V. Roche
I. INTRODUCTION II. HISTORICAL BACKGROUND OF THE NATIONAL INSTITUTES OF HEALTH AND PATENT AUTHORITY A. Two Decades of Careful Planning Created the National Institutes of Health B. The Department of Health Education and Welfare...