JIPEL Vol. 5 – No. 1

Vol. 5 – No. 1 (Fall 2015)

JIPEL Vol. 5, No. 1 – Fall 2015

The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 5 Issue 1 of the Journal. While PDFs of the individual articles may be found accompanying their respective posts, you may view and download a PDF of the complete issue here. Additionally, an ISSUU version of the complete issue is available here.

Foreword: The International Evolution of Intellectual Property Rights

Foreword: The International Evolution of Intellectual Property Rights
By Richard A. Epstein* Download a PDF version of this foreword here.

Foreword

Two of the papers included in this issue of the NYU Journal of Intellectual Property and Entertainment Law illustrate, in the context of intellectual property law, a tension that exists across all areas of international law. To what extent should the rules of different countries be harmonized? Or, alternatively, to what extent should these laws be adapted to the local conditions within any given country? A moment’s reflection should indicate why there is no pat answer to this challenge in any area of substantive law. On the one side, a stout commitment to uniformity of law facilitates the cross-border transactions that are the life-blood of international trade and cooperation. The ability of private parties and government officials to know that the rules of the game are constant in all arenas should lead to a massive simplification of the overall operation of the international legal order. The gains from such simplification should be substantial even in transactions requiring harmonization between only two legal systems. But with intellectual property, nothing is more common than for key transactions to have a global reach that could easily require cooperation among dozens of nations. The greater the variation in local laws, the harder it becomes to do business in multiple jurisdictions simultaneously. More →

Lost and Found: Intellectual Property of the Fragrance Industry; From Trade Secret to Trade Dress

Lost and Found: Intellectual Property of the Fragrance Industry; From Trade Secret to Trade Dress
By Charles Cronin* Download a PDF version of this article here. More →

Addressing Climate Change: Domestic Innovation, International Aid and Collaboration

Addressing Climate Change: Domestic Innovation, International Aid and Collaboration
By Joy Y. Xiang* Download a PDF version of this article here.
More →

Towards a New Dialectics: Pharmaceutical Patents, Public Health and Foreign Direct Investments

Towards a New Dialectics: Pharmaceutical Patents, Public Health and Foreign Direct Investments
By Valentina S. Vadi* Download a PDF version of this article here. More →

Morals Clauses: Past, Present and Future

Morals Clauses: Past, Present and Future
By Caroline Epstein* Download a PDF version of this article here. More →

Somewhere Beyond the ©: Copyright and Web Design

Somewhere Beyond the ©: Copyright and Web Design
By Florina Yezril* Download a PDF version of this article here. More →

A Defense of Industrial Design Rights in the United States

A Defense of Industrial Design Rights in the United States
By Maggie Diamond* Download a PDF version of this article here. More →