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Volume 8 | Number 2

Volume 8 | Number 2 (Summer 2008)

You may download the Full Edition, or click on a citation below for the individual article. Journal content dating from 2005 is available on the Lexis-Nexis database. Content dating from 2006 is available on the HeinOnline database. Journal content, starting with Volume 8, is now available on the Westlaw database. (subscriptions required)

BILATERAL WTO-PLUS FREE TRADE AGREEMENTS IN THE MIDDLE EAST: A CASE STUDY OF OFTA IN THE POST TRIPS ERA
Mohammed R. Hassanein
8 Wake Forest Intell. Prop. L.J. 161

This article explores the current state of intellectual property law in the Middle East and the effects of free trade agreements on domestic laws and regulations in the region. The article begins by depicting the protection of IP in Islamic law, with an emphasis on recent developments in Oman. In Part II, the article articulates the importance of international IP rights and analyzes the effects of exporting U.S. trade policies overseas. Part III gives a brief history of OFTA, the U.S.-Oman Free Trade Agreement, and highlights political and economic concerns arising out of the agreement. Finally, Part IV analyzes the interaction of international and domestic law as it relates to Oman; and offers recommendations on how Oman can benefit from its commitment to OFTA, offering a template for other developing nations to follow in enacting and establishing their own IP protection.

IP AS VENTURE CAPITAL: A CASE STUDY OF MICROSOFT IP VENTURES
Ash Nagdev; David Radzialowski; Roshan Shankar; and Sam Wakefield
8 Wake Forest Intell. Prop. L.J. 197

“Closed Innovation” is a term coined by Henry Chesbrough, a professor in the Management of Technology at University of California at Berkley. The effect of Closed Innovation is that only selected technologies are developed into products, while other potentially valuable technologies are left underdeveloped or unused. This article recognizes the huge opportunity costs of companies doing nothing with promising technology, rather than sharing the technology through licensing. The authors focus on the Open Innovation model—a business model by which companies license their IP to other companies and alternatively seek to license other companies’ IP to develop in-house products. The article examines the shortcomings of the Closed Innovation model, and specifies ways in which the Open Innovation model increases productivity and economic efficiency. The authors analyze the implementation of Open Innovation by Microsoft through Microsoft IP Ventures, and explain how Microsoft is maximizing its value from its IP. The authors also offer suggestions on how to improve the IP as a Venture Capital Model as implemented by Microsoft IP Ventures.

ALL’S FAIR IN LOVE AND NEWS: HOW THE CURRENT APPLICATION OF THE FAIR USE DOCTRINE FAVORS THE TRADITIONAL MEDIA OVER AMATEUR PROVIDERS OF NEWS CONTENT
Collette Leland
8 Wake Forest Intell. Prop. L.J. 226

This article examines the fair use doctrine and its application to amateur photographers and news media. The article begins by discussing what the author calls a diluted transformative use standard in the four factor analysis of fair use cases. The author discusses in depth cases from the Ninth Circuit dealing with fair use in the wake of the Supreme Court’s holding in Campbell v. Acuff-Rose. The author contends that amateur photographers are likely to be disadvantaged by the current diluted transformative use standard where they fail to immediately share their photographs and films on Internet sites that are not considered traditional news media. The article goes on to conduct a fair use analysis of amateur photos and videos that appeared in recent historical events like the prisoner abuse by the U.S. military, the crash of Flight 93, and the Virginia Tech shootings. The author believes that in order to promote creations resulting from amateur news photography and footage, the lower courts must apply the traditional definition of transformative use and the statutory factor-by-factor analysis.

A VIEW OF THE FUTURE IN SEMICONDUCTOR PROCESS: PATENT PROSECUTION IN CLASS 438 UNDER THE UNITED STATES PATENT AND TRADEMARK OFFICE’S FINAL CLAIMS AND CONTINUATIONS RULES
Adam Stephenson
8 Wake Forest Intell. Prop. L.J. 272

This article invites the reader into the world of patent examiners and details the realities that result from rigid performance metrics enforced by the Patent and Trademark Office (PTO) in a typical patent transaction. The article discusses two proposed rule changes that, according to the author, present obvious restrictions on patent rights and restrict or eliminate some helpful negotiating tools for practitioners and examiners alike. The article analyzed a study of 265 randomly selected patents and 265 randomly selected abandoned or pending applications from applications in class 438 issued between January 2, 2001 and February 27, 2007. The author includes commentary for how to improve the system of metrics within the PTO’s infrastructure and outlines pitfalls and opportunities that exist for practitioners who will need to adapt to the proposed rules.