|
| |
| | Intellectual property clause - Wikipedia, the free encyclopedia |
 | | The intellectual property clause of the United States Constitution confers power on the United States Congress. | | | Ashcroft, the United States Supreme Court rejected a challenge to the Sony Bono Copyright Term Extension Act that was based in part on the Intellectual Property Clause. | | | Petitioners in that case argued that successive retroactive extensions of copyright were functionally unlimited and hence violated the limited times language in the clause. |
|
http://en.wikipedia.org/wiki/Intellectual_property_clause
(222 words)
|
|
| |
| | http://euro.ecom.cmu.edu/resources/elibrary/ecllinks.shtml |
| | It hears appeals in intellectual property cases by certiorari from the Court of Appeals for the Federal Circuit and the Circuit Courts of Appeals. | | | In intellectual property, opinions of counsel are sought because they may have the effect of mitigating damages or providing the client with certain legal defenses in court even if the opinion should turn out to be incorrect. | | | Intellectual property - Intellectual capital that is legally protectible, falling primarily into the categories of patent, copyright, trademark and trade secret, but sometimes deemed to include non-competition agreements and unfair competition law. |
|
http://euro.ecom.cmu.edu/resources/elibrary/icgloss.shtml
(7314 words)
|
|
| |
| | Program in Intellectual Property - University of Connecticut School of Law |
| | Participants in the Intellectual Property Program will be exposed to a broad curriculum of courses-from classes on copyright, trademark, and patent law to specialized seminars, including those in art law, cyberlaw, and European Union intellectual property law. | | | The faculty of the Intellectual Property Program at Connecticut is committed to a full understanding of the convergences of intellectual property law, combining practice-directed material with public policy concerns, and a strong grounding in the philosophical arguments underlying our legal regimes. | | | At the core of intellectual property are its traditional regimes: copyright, trademark, and patent, as well as trade secrets, moral rights for artists, and rights of publicity. |
|
http://www.law.uconn.edu/academics/ip
(793 words)
|
|
| |
| | Answering Your Technology Transfer and Intellectual Property Questions |
| | Inventors should be aware of the intellectual property clauses of their research contracts and of the sources of their funding that produced the invention. | | | This can be accomplished when each creator of intellectual property in the TTUS is aware of certain critical legal issues, procedures and policies. | | | The major types of intellectual property include patents, copyrights, trademarks, and trade secrets. |
|
http://www.depts.ttu.edu/transferandintellectualproperty/faq.html
(2025 words)
|
|
| |
| | A History of the United States Patent Office |
| | Article 1, Section 8, Clause 8 (the "Intellectual Property Clause" also called the Patent and/or Copyright Clause) of the United States Constitution states, "Congress shall have the Power... | | | The Patent Act of 1790 is the result of a compromise between the Federalists and Anti-Federalists that complies with the Intellectual Property Clause of the Constitution. | | | Arguing for the necessity for expanded patent protection, Eli Whitney wrote to Congress in 1812 that he "was soon reduced to the disagreeable necessity of resorting to the courts of Justice for the protection of his [intellectual] property." Whitney found it difficult to enforce his cotton gin patent against numerous acts of infringement. |
|
http://www.m-cam.com/~watsonj/usptohistory.html
(3234 words)
|
|
| |
| | Intellectual property rights in plant varieties |
| | Intellectual property agreements also specify for their states parties the minimum term of years during which intellectual property products must receive legal protection. | | | Intellectual property agreements specify the subject matter characteristics of the products that are eligible for legal protection. | | | For this reason, recent intellectual property agreements specify the types of enforcement provisions that member states must adopt in their national laws. |
|
http://www.fao.org/docrep/007/y5714e/y5714e02.htm
(6217 words)
|
|
| |
| | Waltersheid, Defining the Patent and Copyright Term |
| | As evidenced by the ultimate content of the Intellectual Property Clause, they were quite prepared to give Congress power to act with respect to patents and copyrights, but at least initially this deference was not high on their list of priorities. | | | The clause is generally taken as an example of the balanced style of composition much favored in the eighteenth century, [FN153] and generally viewed as "a consolidation of two proposals which got packaged together." [FN154] The manner in which the term "respective" is used in the clause lends credence to this interpretation. | | | In the context of the Intellectual Property Clause these views have particular significance, for they clearly indicate that a statement of purpose or objects set forth in the clause itself "should have great influence" on the interpretation of the clause. |
|
http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/constitutionality/WaltersheidJIPL2000.html
(14820 words)
|
|
| |
| | CONSTITUTIONAL CONCERNS RAISED BY THE COLLECTIONS OF INFORMATION ANTIPIRACY ACT |
| | Instead, the Court first examined the constitutional limitations inherent in the power conferred by the Intellectual Property Clause, on which the Copyright Act was premised. | | | Congress may not, pursuant to the Intellectual Property Clause of the Constitution, create "sweat of the brow" protection for compiled facts, at least insofar as such protection would extend to what the Supreme Court has termed the nonoriginal portion of such a compilation. | | | Nothing in Feist holds that the Intellectual Property Clause limits the scope of Congress's power under other Clauses, such as the Commerce Clause, and the opinion may be read to state limits that pertain to the exercise of the Intellectual Property Clause itself. |
|
http://www.usdoj.gov/olc/righto.htm
(10179 words)
|
|
| |
| | [No title] |
| | A quarter of a century later, the Court again revisited the constitutional constraints imposed on Congress by the Intellectual Property Clause, this time in the context of copyright. | | | The property right created in the investment in compilation, however, is maintained by prohibiting repeated extraction of individual facts—thus limiting this exemption, as with the definition of “primary market,” to de minimis instances of extraction—and by prohibiting collection of the facts by accessing the collection. | | | The analysis that applies to the Copyright Act is suggestive of the relationship between the First Amendment and the Intellectual Property Clause. |
|
http://www.law.berkeley.edu/journals/btlj/articles/vol15/benkler/benkler.html
(16731 words)
|
|
| |
| | Intellectual Property Issues |
| | Delimiting Database Protection at the Juncture of the Commerce Clause, The Intellectual Property Clause, and the First Amendment, 17 Cardozo Arts and Ent. | | | Prosecuting Intellectual Property Crimes, U.S. Dept. of Justice (2001) | | | Beyond Preemption: The Law and Policy of Intellectual Property Licensing, 87 Calif L. Rev. 111 (1999) |
|
http://www.gseis.ucla.edu/iclp/ip.htm
(2285 words)
|
|
| |
| | Yale Information Society Project |
| | Ashcroft (2003) the Supreme Court reaffirmed the primacy of historical and textual considerations in delineating Congress’ power and limitations under the Intellectual Property Clause. | | | Nevertheless, the Court never examined what is perhaps the primary source shedding light on these considerations: The debates in the federal Constitutional Convention that led to the adoption of the Clause. |
|
http://islandia.law.yale.edu/isp/cyberscholar.html
(1149 words)
|
|
| |
| | bIPlog at boalt.org: Law and Policy Archives |
| | We have interpreted the Clause to provide authority for Copyrights and Patents, but this doesn't mean that the same clause might not provide support for other "exclusive rights" that could be secured for "authors and inventors". | | | "Intellectual Property" is a catch-all phrase under which falls Copyright, Patent, Trademark, Trade Secret, and even some state law rights, such as the Right of Publicity. | | | The Clause is the only Article 8 power to have a stated purpose. |
|
http://www.biplog.com/archive/cat_law_and_policy.html
(11194 words)
|
|
| |
| | Law Professors' Amici Brief in NY MPAA DeCSS Case (Jan. 26, 2001) |
| | The Intellectual Property Clause is a limited grant of authority, and the anti-device provisions abrogate these limits. | | | Because the anti-device provisions abrogate clear, specific limits on Congress' intellectual property power, they may not stand as an exercise of Congress' power under the Necessary and Proper Clause. | | | However, the clause is not an unlimited grant of authority. |
|
http://www.eff.org/IP/Video/MPAA_DVD_cases/20010126_ny_lawprofs_amicus.html
(6788 words)
|
|
| |
| | SSRN-Intellectual Property and Constitutional Norms by Thomas Nachbar |
| | What follows is an attempt to identify such a norm in the Intellectual Property Clause, as reflected by the First Amendment, present in Supreme Court precedent, or demonstrated by the history surrounding the Intellectual Property Clause's inclusion in the Constitution. | | | Once one closely examines the history of intellectual property and American trade regulation, it becomes clear that no such generally applicable norm is at work in the limits on Congress's intellectual property power. | | | Specifically, the paper asks whether Congress can avoid the restrictions on its intellectual property power (such as the "limited times" requirement or the prohibition against protecting facts and consequently electronic databases) by resorting instead to other Article I powers, most notably the Commerce Clause. |
|
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=453261
(498 words)
|
|
| |
| | Intellectual Property:What, How, and Why? |
| | Either you or they decide whether to share property of your intellect or whether to control its use or whether to just post it openly with copyrights reserved. | | | A product of the intellect, Intellectual Property is owned by you-the individual-or by the organization you work with (i.e.: usually depicted by an Intellectual Property clause in your employment contract). | | | You're a Freelance Writer~you have heard the term Intellectual Property, but what is it and do you need to be concerned about it? |
|
http://www.suite101.com/article.cfm/freelance/108124
(514 words)
|
|
| |
| | Stanford Center for Internet and Society |
| | Walterscheid is a legal historian specializing in the history of intellectual property law in the United States. | | | Legal historian Ed Walterscheid will discuss the Clause from an historical perspective, seeking to delineate which language of the Clause constitutes a grant of power to Congress, what the scope of the grant is, and what limitations, if any, exist on this congressional power. | | | He is an independent scholar who has written two books and numerous articles on the history of patent and copyright law in the United States. |
|
http://cyberlaw.stanford.edu/events/archives/edward_c_walterscheid.shtml
(242 words)
|
|
| |
| | [No title] |
| | Commerce Clause-Based Limitations" \f C \l 2 Apart from Intellectual Property Clause-based legislation, the Supreme Court con sistently has ack now ledged the possibility of some other form of protection arising under the Commerce Clause of the Constitution, even when dismissing claims of pro tectable rights in the case before it. | | | Steffens (The Trade-Mark Cases), 100 U.S. 82 (1879), the Court invalidated the first comprehensive pieces of federal trade mark legislation as unauthorized by the Intellectual Property Clause. | | | Distinguishing Potentially Perpetual Commerce Clause-Based Protection from Temporally Limited Intellectual Property Clause-Based Protection" \f C \l 2 If the Supreme Court’s language in Compco is taken seriously, the inquiry then becomes what is necessary to render the availability of relief under “other. |
|
http://www.abanet.org/intelprop/2002springmaterials/papers/davis.doc
(16138 words)
|
|
| |
| | Confusing Words and Phrases that are Worth Avoiding - GNU Project - Free Software Foundation (FSF) |
| | For instance, the original BSD license with the advertising clause is incompatible with the GNU GPL, but the revised BSD license is compatible with the GPL. | | | Publishers and lawyers like to describe copyright as "intellectual property"---a term that also includes patents, trademarks, and other more obscure areas of law. | | | To avoid confusion, it is best to name the specific license in question and avoid the vague term "BSD-style." |
|
http://www.gnu.org/philosophy/words-to-avoid.html
(2191 words)
|
|
| |
| | Intellectual Property Checklist |
| | When you reach a screen indicating that you are through with intellectual property clause analysis, there will be links to other interactive forms to help you with other clauses. | | | You may use our Intellectual Property Checklist Interactive Form to analyze a Sponsor-offered intellectual property clause, determine what problems, if any, the clause contains and determine the editorial changes necessary to conform the clause to the requirements of the Regents' Rules related to Intellectual Property. | | | If you follow a link that takes you to the contract clauses themselves, use your "go back" function to return to the Checklist. |
|
http://www.utsystem.edu/OGC/IntellectualProperty/IPCKLST.HTM
(97 words)
|
|
| |
| | University of Illinois Law Review - Volume 2000#4 |
| | These principles inform the Court’s jurisprudence in cases involving the Intellectual Property Clause, acting as implied and absolute limits on Congress’s exercise of its legislative power. | | | Then by examining the history and structure of the Intellectual Property Clause and relevant precedent, they distill four principles of constitutional weight-the Suspect Grant Principle, the Quid Pro Quo Principle, the Authorship Principle, and the Public Domain Principle. | | | Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress’s legislative power under certain circumstances. |
|
http://home.law.uiuc.edu/lrev/publications/2000s/2000/2000_4/heald.html
(227 words)
|
|
| |
| | David L. Lange |
| | At the Law School he teaches courses in intellectual property, copyright, trademarks and unfair competition, entertainment law (including motion picture production, finance and distribution) and telecommunications law and policy. | | | He has testified on a number of occasions before Congress on matters affecting intellectual property. | | | He recently served a term as a member of the Board of Trustees of The Copyright Society of the United States. |
|
http://www.law.duke.edu/fac/lange
(407 words)
|
|
| |
| | Intellectual Property Checklist Question 2 - No |
| | Intellectual Property Checklist Question 2 - No Use the Clinical Trial Intellectual Property Clause. | | | If Sponsor accepts this clause as is, or if Sponsor's clause is substantially the same as ours, or if you are able to edit Sponsor's clause to make it substantially the same, for example, by incorporating the critical elements of our clause (highlighted in the clause), | | | You are finished with the analysis of your intellectual property clause. |
|
http://www.utsystem.edu/OGC/INTELLECTUALPROPERTY/ipscr7.htm
(71 words)
|
|
| |
| | Research Agreements |
| | Government grants and contracts contain a standard intellectual property clause that enables the University to “elect” rights to inventions that may result from the research. | | | Because it is often difficult to balance industry interests with those of the University, contract and grant officers must often negotiate complex intellectual property provisions. | | | There were over 3,800 such awards in FY97 and hundreds of them involved complex negotiations related to the intellectual property clause. |
|
http://www.ucop.edu/ott/ars/ann97/ra.html
(262 words)
|
|
| |
| | SSRN-Congress's Power to Promote the Progress of Science: Eldred v. Ashcroft by Lawrence Solum |
| | Ashcroft, in which the Supreme Court may decide whether the Copyright Term Extension Act (CTEA) exceeds Congress's authority under that clause. | | | First, the Copyright Clause empowers Congress to pursue the goal of promoting the progress of science. | | | The Intellectual Property Clause of the United States Constitution grants Congress power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This essay investigates the issues raised by Eldred v. |
|
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=337182
(490 words)
|
|
| |
| | Is 'Fair Use' in Peril? |
| | If a new copyright and intellectual property omnibus bill sitting on Congresss desk passes, that may be the choice you'll face. | | | Intellectual property theft is a national security crime. | | | And thats but one, albeit scary, scenario that may come to pass if the Intellectual Property Protection Act is enacted into law. |
|
http://www.technologyreview.com/articles/04/11/wo_hellweg111904.asp?trk=nl
(782 words)
|
|
|
