The focus of this article is the federal estate and gift tax treatment of copyright termination rights. The right of a creative individual to terminate prior copyright transfers serves to protect against economic exploitation. Once a copyright’s value has been established in the marketplace,...

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how...

This article asserts that newspapers' quest for copyright protection was an early step onto a slippery slope toward a property-based, rather than service-based, ethos, and that removing that protection may at the least mark a first, symbolic step back from the abyss. Part I examines the state of...

The possibility of popular Blackberry services being affected brought the issue of Patent Trolls to the forefront. Named after a mythical creature renowned for villainy, Patent Trolls are often vilified as those that unjustly enrich themselves from the loopholes present in the US patent system....

Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received...

The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old...

Rapid technological advances and commercialisation of the emerging field of nanotechnology will challenge traditional international and domestic regulatory regimes, including intellectual property rights. This article examines the role of the World Trade Organisation's Trade-Related Intellectual...

In today's world, the thrust to development is seen not only as a policy perspective but also as a national goal. 'Intellectual property' has come out as a critical variant of technology and the growth process ensuing thereon. Consistently being cited as an impetus to economic development and...

Intellectual Property can be seen from different economic perspectives. On the one hand knowledge economy and the relation to IP provide the Macro-Economic-Perspective and on the other hand the Micro-Economic-Perspective analyses the IP-situation in a Knowledge Economy for a firm. Thus, this...

The exclusive protection of shapes (three-dimensional in particular) as trademarks of products, raises serious concerns about its possible negative impact on competition. The analysis of the European legal framework focuses on the risk of systemic impasse and over-protectionist consequences...