Dear RIPL Subscribers,

We are very excited to announce -- The Third Issue in the Seventh Volume of The John Marshall Review of Intellectual Property Law—A Written Symposium on Intellectual Property Law in China has published!  You can view this Issue at www.jmls.edu/ripl or www.jmripl.com. 

 

Peter K. Yu, an intellectual property law professor at Drake University, headlines this issue with an article entitled, Three Questions That Will Make You Rethink the U.S. Intellectual Property Debate.  Professor Yu offers a different explanation for China's piracy and counterfeiting problems.  Instead of attributing these problems solely to the political will of Chinese authorities, he attributes the problems partially on the lack of political will on the part of U.S. policymakers and public to put intellectual property protection at the top of the U.S.-China agenda.  The essay illustrates the argument by examining three questions that Professor Yu has asked when he engages in debate with U.S. scholars and policymakers over intellectual property protection in China.

 

http://www.jmripl.com/Publications/vol7/issue3/Yu.pdf

 

In addition to Professor Yu's headline article, we have the privilege of publishing five additional articles on intellectual property law in China.

 

Doris Estelle Long, Trademarks and the Beijing Olympics: Gold Medal Challenges

 

http://www.jmripl.com/Publications/vol7/issue3/Long.pdf

 

Doris Estelle Long discusses the regulations enacted by China to protect the Olympic symbols and the opportunity that the Summer Olympics in Beijing pose for China to develop effective techniques for enforcing intellectual property rights.

 

Wei Shi, The Paradox of Confucian Determinism: Tracking the Root Causes of Intellectual Property Rights Problem in China

 

http://www.jmripl.com/Publications/vol7/issue3/Shi.pdf

 

Wei Shi discusses the fragile nature of China's intellectual property rights enforcement.  Instead of focusing on the conventional misleading hypothesis linking this enforcement problem and Confucian ethics, this essay tracks China's enforcement problem by exploring China's fundamental institutional defects that may fuel impunity of intellectual property right infringements.

 

Steven Hetcher, Virtual China

http://www.jmripl.com/Publications/vol7/issue3/Hetcher.pdf

Steven Hetcher examines what Chinese censorship may mean in emerging virtual worlds and established virtual worlds such as Second Life given the prohibitive tendencies exhibited by China to monitor and censor its citizens' activities.

 

Llewellyn Joseph Gibbons and Xiao Li Wang, Perfecting the Intellectual Property System: Striking the “Rights” Balance Among Private Incentives and Public Fair Uses in the United States and China

 

http://www.jmripl.com/Publications/vol7/issue3/Gibbons.pdf

 

Llewellyn Joseph Gibbons and Xiao Li Wang address the balance between the grant of intellectual property rights and the "fair use" of these rights and the effects of this balance on developed and developing economies.  Specifically, they look at the value added by copyright industries and fair use based industries and the lessons that patent law can learn from the economic value of copyright fair use law.

 

Jeffery M. Duncan, Michelle A. Sherwood, & Yuanlin Shen, A Comparison Between the Judicial and Administrative Routes to Enforce Intellectual Property Rights in China

 

http://www.jmripl.com/Publications/vol7/issue3/Duncan.pdf

 

Jeffery M. Duncan, Michelle A. Sherwood, & Yuanlin Shen compare two distinct routes, the judicial and the administrative route, for enforcement of intellectual property rights in China and take a deeper look at each route's advantages and disadvantages.

 

In addition to the six scholarly articles, this issue also contains four timely student-written comments. 

 

Scott Barnett reviews the recent USPTO changes to the Patent Rules regarding continued applications - The Controversy Surrounding Continuing Applicatoin and Requests for Continued Examination.

 

http://www.jmripl.com/Publications/vol7/issue3/Barnett.pdf

 

 

Michael Karson analyzes the doctrine of patent marking estoppel – Rediscovering the Doctrine of Marking Estoppel After MedImmune: Balancing the Public Interest and Private Rights.

 

http://www.jmripl.com/Publications/vol7/issue3/Karson.pdf

 

Kirk Rowe analyzes the intellectual property protection associated with open source software – Why Pay for What’s Free?: Minimizing the Patent Threat to Free and Open Source Software.

 

http://www.jmripl.com/Publications/vol7/issue3/Rowe.pdf

 

Cory Tadlock proposes that the copyright warnings from the NFL, MLB, and major motion pictures may be grounds for copyright misuse – Copyright Misuse, Fair Use, and Abuse: How Sports and Media Companies Are Overreaching Their Copyright Protection.

 

http://www.jmripl.com/Publications/vol7/issue3/Tadlock.pdf

 

Thank you for your interest in our publication.  If you have any comments, or questions, please contact us ripl@stu.jmls.edu.

Sincerely,

Matthew May

Editor in Chief

The John Marshall Review of Intellectual Property Law

 

And

 

The Staff at The John Marshall Review of Intellectual Property Law