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Papers by Charles McManis
Intellectual Property and General Legal Principles
Intellectual Property and Human Rights
Edward Elgar Publishing eBooks, Sep 17, 2013
Review of Law & Economics, Dec 31, 2009
The two sides of the contemporary debate over intellectual property agree that the law needs to "... more The two sides of the contemporary debate over intellectual property agree that the law needs to "strike a balance" between providing sufficient incentive for creation and the freedom to make use of existing ideas. Michele Boldrin and David Levine, on the other hand, boldly declare in their recent work "Against Intellectual Monopoly" that they have arrived at conclusions that "are at variance with both sides." In this commentary, I examine 1) their assertion that intellectual property should be viewed as an "intellectual monopoly"; 2) their claim to have mustered evidence and authorities showing that innovators and creators can be well protected in the absence of intellectual property law; and 3) their rhetorical practices throughout the book. I conclude that 1) their assertion that intellectual property constitutes an "intellectual monopoly" is itself a bad analogy and an example of the logical fallacy of hasty generalization; 2) the evidence and authorities they muster in support of their claim that innovators and creators can be well protected in the absence of intellectual property law are unpersuasive, as they actually tend to support the opposite conclusion; and 3) their book as a whole is an example of bad rhetorical argumentation.
Routledge eBooks, May 4, 2012
ABSTRACT Biodiversity and the Law is a timely and provocative volume that combines historical per... more ABSTRACT Biodiversity and the Law is a timely and provocative volume that combines historical perspective and cutting-edge legal analysis in an authoritative and broad discussion of biodiversity and the law. Leading legal and policy experts consider a variety of options for the worldwide protection of biodiversity and present a succinct but comprehensive overview of the legal mechanisms available. They examine how conservation advocates can better utilize existing law, and consider what new law is needed.Among the topics considered are: scientific and policy foundations of biodiveristy protection domestic efforts to establish an effective endangered species protection regime international biodiversity protection biodiversity as a genuinely public entity the future of biodiversity law Contributors include Mollie Beattie, Don Waller, Jason Patlis, Lindell Marsh, Todd Olson, Peter Jenkins, Suzanne Iudicello, John Pendergrass, Dinah Bear, Walter Kuhlmann, Rodger Schlickeisen, David Downes, and others.
TRIPS and Developing Countries
The chapter discusses the statutory and treaty basis for compulsory patent licensing, briefly rev... more The chapter discusses the statutory and treaty basis for compulsory patent licensing, briefly reviews instances in which compulsory licenses have been issued, surveys the economic rationale behind compulsory licensing and compares the potential application of compulsory licensing in essential medicines and climate change mitigation technology.
One of the most significant factors affecting building sustainability is the sustainability of th... more One of the most significant factors affecting building sustainability is the sustainability of the materials used in construction. This recognition has led to the emergence of a broad range of advanced new building materials, many of which are claimed to address issues of sustainability either in their composition or the processes by which they are manufactured. The emergence of these new materials, as well as heightened public sensitivity to sustainability issues, have given rise to a burgeoning field of standards and certifications that purport to assess, measure and rate the sustainability of building materials ranging from structural elements such as masonry, drywall and flooring to interior design features such as carpeting, paint and furniture. As part of an ongoing research program to study and evaluate such materials sustainability standards (MSS), we conducted an in-depth study of nine selected MSS with to the goal of identifying intellectual property issues associated with...
As public awareness of the impact of buildings on human health, climate change, energy usage and ... more As public awareness of the impact of buildings on human health, climate change, energy usage and environmental degradation has grown, so has public interest in environmentally-sustainable building. The U.S. Green Building Council (USGBC), which develops and administers the well-known Leadership in Energy and Environmental Design
Chapter 4 Trends and scenarios in the legal protection of traditional knowledge
Berkeley Technology Law Journal, 1993
Page 1. ARTICLE INTELLECTUAL PROPERTY PROTECTION AND REVERSE ENGINEERING OF COMPUTER PROGRAMS in ... more Page 1. ARTICLE INTELLECTUAL PROPERTY PROTECTION AND REVERSE ENGINEERING OF COMPUTER PROGRAMS in the united states and the european community Charles R. MCManis Table of Contents I. INTRODUCTION 26 II. reverse engineering 28 III. ...
The Chicago-Kent Journal of Intellectual Property, 2013
One of the central issues in trademark law with which legislators have perennially struggled is t... more One of the central issues in trademark law with which legislators have perennially struggled is the geographic scope of protection that should be provided for a mark from any rival likelihood of confusion. Before 1870, it fell substantially to the individual states to decide the geographic scope of that protection. In 1905, as a first effort to remedy these varying state approaches, particularly as they related to the extent of the geographic scope of protection, Congress passed legislation providing nation-wide protection for federally registered marks. The Lanham Act, enacted in 1948, would further centralize the canon of Federal Trademark Law under one act and address some of the perceived limitations of the 1905 act. Federal registration under the Lanham Act provides nationwide rights, protecting the registrant from any likelihood of confusion with a rival mark, regardless of the registrant’s area of active use at registration, provided that no
Journal of Historical Geography, 2016
SSRN Electronic Journal, 2009
Intellectual Property and General Legal Principles
Intellectual Property and Human Rights
Edward Elgar Publishing eBooks, Sep 17, 2013
Review of Law & Economics, Dec 31, 2009
The two sides of the contemporary debate over intellectual property agree that the law needs to "... more The two sides of the contemporary debate over intellectual property agree that the law needs to "strike a balance" between providing sufficient incentive for creation and the freedom to make use of existing ideas. Michele Boldrin and David Levine, on the other hand, boldly declare in their recent work "Against Intellectual Monopoly" that they have arrived at conclusions that "are at variance with both sides." In this commentary, I examine 1) their assertion that intellectual property should be viewed as an "intellectual monopoly"; 2) their claim to have mustered evidence and authorities showing that innovators and creators can be well protected in the absence of intellectual property law; and 3) their rhetorical practices throughout the book. I conclude that 1) their assertion that intellectual property constitutes an "intellectual monopoly" is itself a bad analogy and an example of the logical fallacy of hasty generalization; 2) the evidence and authorities they muster in support of their claim that innovators and creators can be well protected in the absence of intellectual property law are unpersuasive, as they actually tend to support the opposite conclusion; and 3) their book as a whole is an example of bad rhetorical argumentation.
Routledge eBooks, May 4, 2012
ABSTRACT Biodiversity and the Law is a timely and provocative volume that combines historical per... more ABSTRACT Biodiversity and the Law is a timely and provocative volume that combines historical perspective and cutting-edge legal analysis in an authoritative and broad discussion of biodiversity and the law. Leading legal and policy experts consider a variety of options for the worldwide protection of biodiversity and present a succinct but comprehensive overview of the legal mechanisms available. They examine how conservation advocates can better utilize existing law, and consider what new law is needed.Among the topics considered are: scientific and policy foundations of biodiveristy protection domestic efforts to establish an effective endangered species protection regime international biodiversity protection biodiversity as a genuinely public entity the future of biodiversity law Contributors include Mollie Beattie, Don Waller, Jason Patlis, Lindell Marsh, Todd Olson, Peter Jenkins, Suzanne Iudicello, John Pendergrass, Dinah Bear, Walter Kuhlmann, Rodger Schlickeisen, David Downes, and others.
TRIPS and Developing Countries
The chapter discusses the statutory and treaty basis for compulsory patent licensing, briefly rev... more The chapter discusses the statutory and treaty basis for compulsory patent licensing, briefly reviews instances in which compulsory licenses have been issued, surveys the economic rationale behind compulsory licensing and compares the potential application of compulsory licensing in essential medicines and climate change mitigation technology.
One of the most significant factors affecting building sustainability is the sustainability of th... more One of the most significant factors affecting building sustainability is the sustainability of the materials used in construction. This recognition has led to the emergence of a broad range of advanced new building materials, many of which are claimed to address issues of sustainability either in their composition or the processes by which they are manufactured. The emergence of these new materials, as well as heightened public sensitivity to sustainability issues, have given rise to a burgeoning field of standards and certifications that purport to assess, measure and rate the sustainability of building materials ranging from structural elements such as masonry, drywall and flooring to interior design features such as carpeting, paint and furniture. As part of an ongoing research program to study and evaluate such materials sustainability standards (MSS), we conducted an in-depth study of nine selected MSS with to the goal of identifying intellectual property issues associated with...
As public awareness of the impact of buildings on human health, climate change, energy usage and ... more As public awareness of the impact of buildings on human health, climate change, energy usage and environmental degradation has grown, so has public interest in environmentally-sustainable building. The U.S. Green Building Council (USGBC), which develops and administers the well-known Leadership in Energy and Environmental Design
Chapter 4 Trends and scenarios in the legal protection of traditional knowledge
Berkeley Technology Law Journal, 1993
Page 1. ARTICLE INTELLECTUAL PROPERTY PROTECTION AND REVERSE ENGINEERING OF COMPUTER PROGRAMS in ... more Page 1. ARTICLE INTELLECTUAL PROPERTY PROTECTION AND REVERSE ENGINEERING OF COMPUTER PROGRAMS in the united states and the european community Charles R. MCManis Table of Contents I. INTRODUCTION 26 II. reverse engineering 28 III. ...
The Chicago-Kent Journal of Intellectual Property, 2013
One of the central issues in trademark law with which legislators have perennially struggled is t... more One of the central issues in trademark law with which legislators have perennially struggled is the geographic scope of protection that should be provided for a mark from any rival likelihood of confusion. Before 1870, it fell substantially to the individual states to decide the geographic scope of that protection. In 1905, as a first effort to remedy these varying state approaches, particularly as they related to the extent of the geographic scope of protection, Congress passed legislation providing nation-wide protection for federally registered marks. The Lanham Act, enacted in 1948, would further centralize the canon of Federal Trademark Law under one act and address some of the perceived limitations of the 1905 act. Federal registration under the Lanham Act provides nationwide rights, protecting the registrant from any likelihood of confusion with a rival mark, regardless of the registrant’s area of active use at registration, provided that no
Journal of Historical Geography, 2016
SSRN Electronic Journal, 2009