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Volume 2 | Number 2

Volume 2 | Number 2 (Spring 2002)

You may download and read the Full Edition, or click on a citation below for the individual articles.

“INVENTION PIMPS,” DAIRY CATTLE, AND RURAL TELEVISION:
THE AMERICAN INVENTOR’S PROTECTION ACT OF 1999 AND INTELLECTUAL PROPERTY LEGISLATION

Edward R. Ergenzinger, Jr.
2 Wake Forest Intell. Prop. L. J. 130

What started as a bill to prevent unscrupulous invention development firms from exploiting independent inventors evolved into the American Inventor’s Protection Act of 1999 (AIPA); a $390 billion omnibus spending bill that implemented the biggest changes to patent law since 1952. Although the field of intellectual property law seems to have escaped partisan politics in recent Congresses, partisan differences on other issues often have a spillover effect on intellectual property matters. Many would not expect patent law to spark such widespread and heated debate, the legislative history of the AIPA stands as an example of the passions and the vagaries of the legislative process.

WINDS OF CHANGE? THE EFFECT OF THE NEW USA PATRIOT ACT ON INTERNET PRIVACY
Marian Smith
2 Wake Forest Intell. Prop. L. J. 161

On October 26, 2001, the USA Patriot Act, which extends the wiretapping and electronic surveillance authority of law enforcement, was signed into law by President George W. Bush. The law was created to strengthen terrorist investigation resources in the aftermath of the September 11, 2001 attacks on America. Although it cannot be predicted what effects the Act will have in the future, at present, it does not appear that the Act has significantly changed the privacy rights of individual use of the Internet.

DOES E-COMMERCE SPELL THE END OF GEOGRAPHY-BASED TRADEMARK ANALYSIS?
Jack Miller
2 Wake Forest Intell. Prop. L. J. 184

The Internet has broken down the geographical doors to businesses by providing a cheap, effective means of getting their product to the masses. In light of the development of the Internet into a business tool, the courts’ views on how trademark infringement cases are analyzed have been forced to change. The following article provides a current look at the court’s evolving look at trademark infringement.

DIGITAL MUSIC TECHNOLOGY AND THE RIGHT OF PUBLIC PERFORMANCE: THE TECHNOLOGY, THE LEGISLATION, AND THE REACTION
Brooke Garrett
2 Wake Forest Intell. Prop. L. J. 203

The development of the internet and digital music combined with the addition by the Digital Performance Right in Sound Recordings Act of 1995 of the right to perform copyrighted sound recordings publicly has increased concern in the music industry for potential piracy and decreased profits. This paper discusses the development of the right of public performance and the interests and purpose behind enforcing it, as well as the effect of the Internet on this right. The reaction of the music industry to this legislation is also discussed, along with the steps the industry has taken to protect itself.

A VIEW BEYOND OUR SHORES: A COMPARATIVE ANALYSIS OF INTERNATIONAL APPROACHES TO BUSINESS METHOD PATENTS
Edward R. Ergenzinger, Jr.
2 Wake Forest Intell. Prop. L. J. 232

This paper explains the evolution and history of the business method patent in the United States. Next, the treatment of business method patents in both Europeand Japanis described. Finally, the author discusses whether the United States, Europeand Japancan harmonize their methods for dealing with business method patents and concludes that they cannot.