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  • Enforcement: A Neglected Child in the Intellectual Property Family

    Yu, Peter K. (Texas A&M Law Scholarship, 2016-01-01)
    Effective enforcement is essential to the protection of intellectual property rights. Without enforcement, these rights will be of little value. Although intellectual property enforcement has been around for as long as intellectual property rights have existed, this topic has not caught much attention from intellectual property commentators and instructors until the past decade.Today, there remains a dearth of theoretical literature on intellectual property enforcement, and specialized courses on this topic remain rare. Even when enforcement is covered as part of an intellectual property course, the topic tends to be discussed either at the end of the course or in conjunction with infringements.This chapter begins by identifying four different types of enforcement issues that intellectual property commentators and instructors usually explore. It then discusses why enforcement remains a neglected child in the intellectual property family. It further suggests two different tracks — the digital track and the global track — to help integrate enforcement back into its larger family. The chapter concludes with a cautiously optimistic view on the prospects of such integration.
  • Towards the Seamless Global Distribution of Cloud Content

    Yu, Peter K. (Texas A&M Law Scholarship, 2015-01-01)
    In the age of cloud computing, consumers expect content to be accessible anywhere, anytime. Since their arrival, cloud platforms and related services have posed considerable challenges to copyright holders. Notwithstanding these challenges, one cannot overlook the boundless opportunities this new technology has provided to rights holders for distributing copyright content across the world. To a large extent, the global distribution of cloud content has brought back the age-old discussion concerning the proper response to disruptive technology and the copyright industries' repeated and arguably short-sighted efforts to protect outdated business models. To complicate matters further, cloud platforms and related services have raised new questions that have not been widely discussed in the digital technology debate. Because these platforms facilitate simultaneous multijurisdictional access to copyright content, they unsurprisingly are in a collision course with the territoriality principle in intellectual property law. Specifically, cloud computing has raised challenging questions concerning what laws to apply and whether those laws allow the protected content to be distributed. This chapter begins by discussing the concept of territoriality in copyright law. It highlights two sets of territoriality questions implicated by cloud computing. The chapter then explores the justifications for and drawbacks of introducing geographical restrictions in cloud platforms. In view of the many drawbacks of these restrictions and the immense yet unfulfilled potential of cloud computing, this chapter concludes by identifying five areas in which adjustments can be introduced to promote the global distribution of cloud content. These adjustments also seek to address the territoriality challenges posed by existing nation-based copyright laws.
  • WHOIS database : privacy and intellectual property issues : hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Seventh Congress, first session.

    United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property. (Washington, D.C : U.S. G.P.O. : For sale by the Supt. of Docs., U.S. G.P.O., [Congressional Sales Office],, 2001)
    "Serial no. 23."
  • Trademark Cyberpiracy Prevention Act : report (to accompany H.R. 3028).

    United States. Congress. House. Committee on the Judiciary. ([Washington, D.C. : U.S. G.P.O.,, 1999])
    "October 25, 1999."
  • The Consumer and Investor Access to Information Act of 1999 : hearing before the Subcommittee on Telecommunications, Trade, and Consumer Protection of the Committee on Commerce, House of Representatives, One Hundred Sixth Congress, first session, on H.R. 1858, June 15, 1999.

    United States. Congress. House. Committee on Commerce. Subcommittee on Telecommunications, Trade, and Consumer Protection. (Washington : U.S. G.P.O. : For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office,, 1999)
    "Serial no. 106-49."

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