Browsing Vanderbilt Law School Faculty Works by Author "Gervais, Daniel J."
Now showing items 21-30 of 30
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Gervais, Daniel J. (Vanderbilt Journal of Transnational Law, 2013)The issue of plain packaging is at the very core of the intersection between trade law, intellectual property and public health. Unlike the issue of export of generic pharmaceuticals, which was addressed in the World Trade ...
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Gervais, Daniel J. (Chicago-Kent Law Review, 2007)In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional ...
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Gervais, Daniel J. (University of Ottawa Law & Technology Journal, 2005)IN THREE RECENT CASES, the Supreme Court of Canada provided several pieces of the Canadian copyright policy puzzle. We now know that the economic purpose of copyright law is instrumentalist in nature, namely, to ensure the ...
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Gervais, Daniel J. (Houston Law Review, 2010)In this Essay, I explain why and how certain technologies I refer to as "inchoate" defeat regulatory interventions. I examine the "law" of unintended consequences and the role of regulatory ideologies. I suggest that ...
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Gervais, Daniel J. (Chicago Journal of International Law, 2010)The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization (WTO) may fail unless a solution to the establishment of a multilateral register for geographical indications on ...
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Gervais, Daniel J. (Cardozo Journal of International & Comparative Law, 2003)The use of sacred aboriginal art is nothing new. It is fairly common to see dream catchers hanging from rear view mirrors in cars. In Australia, sacred aboriginal designs are often found on tea towels, rugs and restaurant ...
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Gervais, Daniel J. (Vanderbilt Journal of Entertainment and Technology Law, 2009)Even as a mere conceptual cloud, the term "user-generated content" is useful to discuss the societal shifts in content creation brought about by the participative web and perhaps best epitomized by the remix phenomenon. ...
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Gervais, Daniel J. (Marquette Intellectual Property Law Review, 2005)This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but ...
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Gervais, Daniel J. (Michigan State Law Review, 2005)Should intellectual property provide a means for strengthening the range of incentives that local communities need for conserving and developing genetic resources and traditional knowledge (TK)? If so, how and at what cost? ...
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Gervais, Daniel J. (Vanderbilt Journal of Transnational Law, 2001)This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently ...