Recently added articles from The Journal of High Technology Law:
Technology transfer to combat climate change: opportunities and obligations under trips and Kyoto.
Jan 01, 2009; ... Cite as 9 J. HIGH TECH. L. 1 (2009) "[T]here should not be, nor need be, any policy contradiction between upholding and safeguarding an open, non-discriminatory and equitable multilateral trading system on the one hand, and acting for the protection of the environment, and the ...
Gene protection: how much is too much? Comparing the scope of patent protection for gene sequences between the United States and Germany.
Jan 01, 2009; ... Cite as 9 J. HIGH TECH. L. 52 (2009) I. Introduction The drive to map the human genome and identify genes led to the establishment of the Human Genome Project ("HGP"). (1) The HGP estimates that the human genome consists of 20,000 to 25,000 genes. (2) The U.S. Patent ...
Protecting cuisine under the rubric of intellectual property law: should the law play a bigger role in the kitchen?
Jan 01, 2009; ... Cite as 9 J. HIGH TECH. L. 21 (2009) I. Introduction In June 2007, Rebecca Charles, chef-owner of Pearl Oyster Bar ("Pearl") in New York City's Greenwich Village, sued her former sous chef, Ed McFarland, now chef and part owner of Ed's Lobster Bar in New York's SoHo ...
Tongue-in-cheek: how Internet defamation laws of the United States & China are shaping global Internet speech.
Jan 01, 2009; ... Cite as 9 J. HIGH TECH. L. 66 (2009) I. Introduction In the summer of 2007, a scandal broke out in the United States. Toys sold by American corporation Mattel were found to contain hazardous amounts of lead paint. (1) Mattel issued an enormous recall and blamed toy ...
Computer software derivative works: the calm before the storm.
Jul 01, 2008; ... I. Introduction Every generation believes they live in the most exciting times of continued social and technological advancement. Since the advent of computers and the internet, however, the present is a time in which progress seems unrivaled. While the law races to catch up ...
Going back to first principles: the exclusive rights of authors reborn.
Jul 01, 2008; ... I. Introduction Let's go back to the beginning. To explain the development of the law my old boss, Senator Charles Mathias of Maryland, the legendary former chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, invoked a compelling metaphor. He went back ...
Supreme Court review of patent cases: what will follow eBay, Medimmune, and KSR?
Jul 01, 2008; ... I. Introduction Since its inception, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") has had an evolving relationship with the United States Supreme Court. Congress established the Federal Circuit pursuant to the Federal Courts Improvement Act of ...
Massachusetts breath testing for alcohol: a computer science perspective.
Jul 01, 2008; ... I. Introduction Massachusetts relies primarily on the technology of breath testing (1) in the prosecution of criminal complaints for driving under the influence of alcohol. (2) Breath testing is performed on Draeger Alcotest 7110 MK III-C machines, which are purchased statewide ...
A system of logo-based disclosure of DRM on download products.(Digital Rights Management)(Report)
Jan 01, 2008; ... I. Introduction Many people and organizations maintain the opinion that Digital Rights Management (DRM) technologies are counterproductive, (1) a part of unsustainable business models, (2) or anathema to either the language or the purpose of United States intellectual property ...
On top of the world and wired: a critique of Nepal's e-commerce law.(Report)
Jan 01, 2008; ... I. Objectives of the Article The objectives of this article are to: (1) describe the economic and political problems currently facing Nepal; (2) explain the positive role that e-commerce could have in the economic development of the country; (3) explain the role of electronic ...
Will your vote count?: can the current software withstand and guarantee the constituational right to vote?(Report)
Jan 01, 2008; ... Introduction The right to vote is fundamental, receiving protection under the Fifteenth, Nineteenth, Twenty-fourth and Twenty-sixth Amendments to the United States Constitution. (1) Following the 2000 election, the United States of America witnessed the disruptive power of a ...
Compulsory licensing of musical works in the digital age: why the current process is ineffective & how Congress is attempting to fix it.(Report)
Jan 01, 2008; ... "Intellectual property law cannot be patched, retrofitted, or expanded to contain digitized expression ..." (1) Essayist John Perry Barlow made this statement in 1994. (2) His words are no less true today. As the use of computers and the Internet has grown since the mid-1990s, it ...
A need for SWIFT change: the struggle between the European Union's desire for privacy in international financial transactions and the United States' need for security from terrorists as evidenced by the SWIFT scandal. (Society for Worldwide Interbank Financial Telecommunication)
Jan 01, 2008; ... In recent history, the struggle between the desire for privacy and the need for security has been affected by worldwide events. This struggle is clearly seen in the transfer of information from the European Union (EU) to the United States. In the last century, Europeans suffered from ...
What IP holders ought to know about the ITC and the district courts.
Jul 01, 2007; ... Enforcing intellectual property rights is one of the most important facets of intellectual property law. It is unfortunate that there is no enacted statute or promulgated set of rules that "guide" IP holders as to what course of action to take in enforcing their rights. Thus, as a ...
Cybersurgery: why the United States should embrace this emerging technology.
Jul 01, 2007; ... Introduction John Jones and his wife Maggie are in the mountains of Montana on their 50th wedding anniversary. (1) John has always dreamed of seeing the towering mountains and lush valleys where his parents grew up before moving to the East Coast with their young family, and the ...
Owning the sun: can native culture be protected through current intellectual property law?
Jul 01, 2007; ... I. Introduction Intellectual property laws in the United States encourage great inventors, artists and performers to share their inventions, crafts and artistic expressions with humankind. (1) These laws illustrate the value associated with safeguarding original creations within ...
The 10 things every practitioner should know about anti-counterfeiting and anti-piracy protection.
Jul 01, 2007; ... Abstract This article discusses the global problem of counterfeiting and piracy and the ensuing negative impact on the global economy. The main thesis proposes that companies are not faced with the issue of "if' their goods will be counterfeited or pirated, but rather it is a ...
Problems and solutions to corporate blogging: model corporate blogging guidelines.
Jul 01, 2007; ... I. Introduction The Internet functions as a vehicle for various modes of personal expression ranging from creating personal websites and posting photographs to emailing and instant messaging. One of the newest and fastest growing ways of personal expression on the Internet is ...