Author(s): Amy Kapczynski Year: 2010 Abstract: In 2005, India amended its patent law to provide product patents on medicines, to comply with the WTO’s TRIPS Agreement. In order to mitigate the impact on access to medicines, India at the same time adopted an expansive menu of flexibilities in its patent law. Reviewing these important flexibilities, […]
Harmonization and its Discontents: A Case Study of TRIPS Implementation in India’s Pharmaceutical Sector
How Different are Young Adults from Older Adults When it Comes to Information Privacy Attitudes and Policies?
Author(s): Chris Jay Hoofnagle Year: 2010 Abstract: Study by: Chris Jay HoofnagleUniversity of California, Berkeley – School of Law, Berkeley Center for Law & Technology Jennifer KingUC Berkeley School of Information; Berkeley Center for Law & Technology Su LiUniversity of California, Berkeley- School of Law, Center for the Study of Law and Society Joseph TurowUniversity […]
Catalyzing Privacy: New Governance, Information Practices, and the Business Organization
Author(s): Deirdre K. Mulligan and Kenneth A. Bamberger Year: 2010 Abstract: While the turn from traditional regulation to more collaborative, experimentalist, and flexible forms of governance has garnered significant academic focus, far less attention has been paid to the effects of such “New Governance” approaches on regulated firms’ understanding of the laws’ demands, and on […]
Openness, Open Source, and the Veil of Ignorance
Author(s): Suzanne Scotchmer Year: 2010 Abstract: Open source collaborations are increasingly among commercial firms whose interest is profit. Why would profit-motivated firms voluntarily share code? One reason is that cost reductions can outweigh increases in rivalry. This is especially persuasive when the contributors make complementary products. However, cost reductions do not explain why open source […]
Prosser’s Privacy and the German Right of Personality: Are Four Privacy Torts Better than One Unitary Concept?
Author(s): Paul M. Schwartz Year: 2010 Abstract: California Law Review (forthcoming 2010) Keywords: privacy, unitary concept, torts
New Challenges to Data Protection Study – Country Report: United States
Author(s): Chris Jay Hoofnagle Year: 2010 Abstract: This report is one of 11 country reports produced for the “New Challenges to Data Protection” study, commissioned by the European Commission, and describes the ways in which US law addresses the challenges posed by the new social-technical-political environment. The hallmark of the US federal approach to privacy […]
The Constitutional Law of Intellectual Property After Eldred v. Ashcroft
Author(s): Pamela Samuelson Year: 2003 Abstract: Scholarly discourse about the constitutional law of intellectual property will not die out after the Supreme Court’s decision in Eldred v. Ashcroft, but only enter a new phase. Many significant constitutional questions remain open after Eldred, and Eldred opened up some new possibilities for constitutional challenges. Although Dastar v. […]
In Search of Copyright’s Lost Ark: Interpreting the Right to Distribute in the Internet Age
Author(s): Peter S. Menell Year: 2010 Abstract: Prior to the emergence of peer-to-peer technology, the Copyright Act’s distribution right was largely dormant. Most enforcement actions were premised upon violations of the reproduction right. The relatively few cases invoking the distribution right involved arcane scenarios. During the past several years, direct enforcement of the Copyright Act […]
Demystifying Fair Use: the Gift of the Center for Social Media Statements of Best Practices
Author(s): Jennifer Urban Year: 2010 Abstract: The fair use doctrine is famous for its uncertainty. As lawyers who counsel clients making fair use of copyrighted materials, we have experienced the frustration caused by fair use’s unpredictability on many occasions. In this Essay we discuss a more positive piece of the story: the development of Statements […]
Knowledge Accessibility and Preservation Policy for the Digital Age
Author(s): Peter S. Menell Year: 2010 Abstract: Recent advances in digital technology have created the potential to make the vast stock of recorded knowledge searchable using sophisticated tools by anyone with an internet connection. As Google is in the process of demonstrating, it is now feasible to scan the collections of the major libraries of […]