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Guide to Intellectual Property Resources by David Gay and Neal AxtonA patent is not a trademark is not a copyright is not a trade secret! This Guide to Intellectual Property Resources will not differentiate for you between these various forms of intellectual property protections, but will guide you to more information both here in the US and worldwide. There are major sections below for the traditional categories of intellectual property, patents and trademarks and copyright, with both print sources and links to both private and public organizations with resources related to intellectual property. Examples of law review literature in the area of intellectual property are included. This guide was done by MLIC intern Neal Axton and edited by International and Comparative Law Librarian David Gay. Please contact David Gay (email: william-gay@utulsa.edu; phone: 918-631-3545) with suggestions or comments concerning the resources listed below.
Patents and TrademarksUS Patent and Trademark Office - The US Patent and Trademark Office (PTO) is the agency within the Department of Commerce charged with implementing the US patent and trademark system. Their Frequently Asked Questions or FAQ page is available here. The US Patent and Trademark Office (USPTO) has a network of Patent and Trademark Depository Libraries(USPTOPDLs) with the resources to assist inventors with conducting both a preliminary patent or novelty search and a Federal trademark search(visit it here). An Oklahoma USPTOPDL is at OSU in Stillwater. Full-text utility, design, and plant patents with images are available back to 1790! A recent resource available from PTO is a link including all editions and all revisions (1948-2006) of the Manual of Patent Examining Procedure. European Patent Office - The European Patent Office is a centralized patent grant agency established by the Convention on the Grant of European Patents (EPC) signed in Munich 1973. A list of the participating nations can be found here. British Library's Patent Information. One of the world's best resources for obtaining copies of patents and other forms of intellectual property. Eurasian Patent Organization - The Eurasian Patent Organization is composed of members of the former Soviet Union. International Federation of Inventors Association Patent Cafe - This is a commercial site dedicated to aspiring inventors. While the information is largely US based, there is some international coverage here.
CopyrightCopyright Information - provided by the Library of Congress. Copyright Clearance Center - This organization provides a mechanism to properly license the right to use copyrighted materials. Her Majesty's Stationery Office's guidelines on Crown Copyright - The government of the United Kingdom retains copyright on most government documents. This can be compared to the position taken by the United States government, which does not copyright most federal publications. Primary Sources on Copyright, 1450 -1900 - A history of copyright (from the invention of the printing press) in Renaissanse Italy, France, German-speaking countries, Britain, and the USA. The United Nations Educational, Scientific, and Cultural Organization (UNESCO) provides copyright laws of UNESCO member states in French, English and Spanish as PDF (portable document format) files here. Countries are organized by region. As of July 19, 2004, approximately 100 countries are listed.
International Organizations Important to Intellectual Property LawWorld Intellectual Property Organization (WIPO) - WIPO is the administrative body or secretariat for many international treaties that define intellectual property internationally. Treaties fundamental to international law of intellectual property are found at http://www.wipo.int/treaties/en/ip/paris/index.html. Collection of Laws for Electronic Access (CLEA) is a portal to a wide range of national and regional IP legislation. Two of the oldest agreements on international intellectual property are the Paris Convention for the Protection of Industrial Property(1883) and Berne Convention for the Protection of Literary and Artistic Works (1886). World Trade Organization - The World Trade Organization (WTO) is a global organization that establishes trade rules between nations. The treaties and rules established by the WTO are referred to as the multilateral trading system. The WTO is the successor organization to the General Agreement on Trade and Tariffs (GATT). One of the more controversial treaties implemented by the WTO is known as Trade-Related Aspects of Intellectual Property Rights or TRIPS BNA provides a variety of links on TRIPS here United Nations Intellectual Property Pathfinder - This pathfinder contains information for finding print resources disseminated by the United Nations on Intellectual Property. United Nations Documentation Research Guide - This guide helps to understand the United Nations classification system and find its treaty resources. United Nations Treaty Collection - This resource is primarily helpful if you already know the name of the treaty you wish to examine or if you are interested in whether treaties have been received by the UN’s Secretariat. The United Nations Educational, Scientific, and Cultural Organization (UNESCO) provides copyright laws of UNESCO member states in French, English and Spanish as PDF (portable document format) files here. Countries are organized by region. As of July 19, 2004, approximately 100 countries are listed. The International Union for the Protection of New Varieties of Plant (UPOV) - UPOV is an international organization established by the International Convention for the Protection of New Varieties of Plants. The Convention was adopted in Paris in 1961 and it was revised as recently as 1991. The Convention protects new varieties of plants as a form of intellectual property. Internet Corporation for Assigned Names and Numbers (ICANN) - ICANN is an internationally organized, non-profit corporation responsibile for Internet Protocol (IP) address space allocation, protocol identifier assignment, generic (gTLD) and country code (ccTLD) Top-Level Domain name system management, and root server system management functions. Additional Resources for International Intellectual PropertyAmerican Society of International Law(ASIL) Guide to Intellectual Property - ASIL is a non-profit organization founded in 1906 to encourage the study and use of international law. ASIL has been granted consultative status (Category II) to the United Nations. Jonathon Franklin last updated the IP Guide for ASIL in December, 2004. Electronic Information System about Law (EISIL) - EISIL is maintained by the American Society of International Law (ASIL), a scholarly association to encourage the analysis, dissemination and development of international law. ASIL’s goal is to ensure, through EISIL, that web searchers can easily locate the high quality primary materials, authoritative web sites and helpful research guides to international law on the Internet. EISIL links specific to Intellectual Property Foreign Trade Information System's Intellectual Property Rights Page - The Foreign Trade Information System is the information technology arm of the Organization of American States (OAS). The site provides national intellectual property laws for countries in the Western Hemisphere as possible in the four official languages of the OAS (English, Spanish, Portuguese and French). (The Foreign Trade Information System is also known as SICE, which is its Spanish acronym, short for Sistema de Información al Comercio Exterior) BNA's Intellectual Property Links. BNA provides a variety of resources of United States and international intellectual property Bitlaw - Bitlaw is an Internet resource on technology law, containing over 1,800 pages on patent, copyright, trademark, and Internet legal issues. BitLaw was created by Daniel A. Tysver, a partner with the intellectual property law firm of Beck & Tysver. LLRX - LLRX is a Web journal providing information on a wide range of Internet research and technology-related issues, applications, resources and tools, since 1996. Office of the United States Trade Representative. The Office of the United States Trade Representative website has an IP site that includes monitoring reports for major IP agreements for which the U. S. is party. This includes an annual report identified as the Section 301 Report (2005 Section 301 Report )that addresses piracy and related trade problems with U. S. trading partners. "Researching US treaties by Marci Hoffman - This site was last updated on May 15, 2001 and is therefore slightly dated. However, it provides a broad overview of many available resources on international law. Researching non-US treaties by Stefanie Weigmann - While slightly dated, this document provides useful information on researching treaties. Jill McC. Watson has recently revised (December, 2004) the Researching Treaties Guide on ASIL's web page. Watson's guide covers researching both US and non-US treaties. Update to Researching Intellectual Property Law in an International Context by Stefanie Weigmann - A useful source of background information and resources. International Law Guides from LLRX - A compliation of links and pathfinders on a vareity of international issues. International Federation of Inventors Association Patent Cafe - This is a commercial site dedicated to aspiring inventors. While the information is largely US based, there is some international coverage here.
Resources for Special Categories of IP Research: Plant Patents, Certificates of Plant Variety Protection, and Bioengineering or NanotechnologyThe US Patent and Trademark Office issues utility and design patents in the traditional chemical, mechanical, and electrical arts but also issues plant patents. Basic information from the US Patent and Trademark Office regarding rights for new varieties of plants (those reproduced asexually). Another form of intellectual property protection for plants is available from the USDA in the form of a Certificate of Plant Variety Protection. This program is administered by the USDA Plant Variety Protection Office-check it out. The International Union for the Protection of New Varieties of Plants(UPOV) - UPOV is an international organization established by the International Convention for the Protection of New Varieties of Plants. The Convention was adopted in Paris in 1961 and it was revised as recently as 1991. The Convention protects new varieties of plants as a form of intellectual property. European Nanotechnology Information hosted by the European Union's Community Research and Development Information Service (CORDIS). This site contains information on the legal implications of nanotechnology from a European perspective. Additional Non-US IP Law; Country and Region Specific LinksGlobal List of Countries - This list of international and national intellectual property agencies is provided by the United Kingdom Patent Office This list of international and national intellectual property agencies is provided by the Chinese Intellectual Property Office AsiaChina State Intellectual Property Office of the People's Republic of China. - This agency is responsible for the enforcement of intellectual property laws within China. It was created in 1980 after China agreed to the conventions establishing the World Intellectual Property Organization (WIPO). Australia A useful resource for researching intellectual property laws in Australia. European Union Intellectual Property Rights Helpdesk - A site designed to aid inventors and contractors in the European Union to comply with international intellectual property law. Their Frequently Asked Questions Page contains useful background information for users. European Patent Office - The European Patent Office is a centralized patent grant agency established by the Convention on the Grant of European Patents (EPC) signed in Munich 1973. A list of the participating nations can be found here. Eurasia and the former Soviet UnionEurasian Patent Organization - The Eurasian Patent Organization enforces patent and trademark issues for members of the former Soviet Union. Member states include: the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, Georgia, the Republic of Kazakstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Ukraine, Turkmenistan, and Belarus. All current member states. The Russian Agency for Patents and Trademarks - The Russian Patent Agency's site is only available in Russian Journals and Selected ArticlesIntellectual Property Law ReviewsThe European Commission IPR helpdesk has collected a list of Intellectual Property law reviews in English here
Selected ArticlesAmerican Patent Policy, Biotechnology, and African Agriculture: the Case for Policy Change. Michael R. Taylor and Jerry Crayford, Harvard Journal of Law & Technology, Spring 2004, Volume 17, No. 2, pages 321-407. Link Physical Location: MLIC, Circulation Desk Reserves, Call No. K8 .A542 Adverse Possession for Intellectual Property: Adapting an Ancient Concept to Resolve Conflicts Between Antitrust and Intellectual Property Laws in the Information Age. Constance E. Bagley and Gavin Clarkson, Harvard Journal of Law & Technology, Spring 2003, v. 16 no. 2, p 327-94. Link Physical Location: MLIC, First Floor, Call No. K8 .A542 Indirect Liability for Copyright Infringement: An Economic Perspective. Douglas Lichtman and William Landes, Harvard Journal of Law & Technology, Spring 2003, v. 16 no. 2, p 3395-410. Link Physical Location: MLIC, First Floor, Call No. K8 .A542 Fair use infrastructure for rights management systems. Dan L. Burk; Julie E. Cohen, Harvard Journal of Law & Technology, Fall 2001 v15 no. 1, p 41-83. Link Physical Location: MLIC, First Floor, Call No. K8 .A542 Avoiding Suboptimal Behavior in Intellectual Asset Transactions: Economic and Organizational Perspectives on the Sale of Knowledge, [Student Note] Link, Gavin Clarkson, Harvard Journal of Law & Technology, Spring 2001, v. 14 no. 2, p 267-314. Physical Location: MLIC, First Floor, Call No. K8 .A542 The Legal Status of the DOHA Declaration on TRIPS and Public Health Under the Vienna Convention on the Law of Treaties. James Thuo Gathii, Harvard Journal of Law & Technology, Spring 2002, v. 15 no. 2, p 291-318. Link Physical Location: MLIC, First Floor, Call No. K8 .A542 Patent Nonuse and the Role of Public Interest as a Deterrent to Technology Suppression. Kurt M. Saunders, Harvard Journal of Law & Technology, Spring 2002, v. 15 no. 2, p 389-452. Link Physical Location: MLIC, First Floor, Call No. K8 .A542 The Merits of Ownership; or, How I Learned to Stop Worrying and Love Intellectual Property: Review Essay of Lawrence Lessig, The Future of Ideas, and Siva Vaidhyanathan, Copyrights and Copywrongs. Shubha Ghosh, Harvard Journal of Law & Technology, Spring 2002, v. 15 no. 2, p 453-96. Link Physical Location: MLIC, First Floor, Call No. K8 .A542 Using the Written Description and Enablement Requirements to Limit Biotechnology Patents. Alison E. Cantor, Harvard Journal of Law & Technology, Fall 2000, v. 14 no. 1, p 712-51. Link Physical Location: MLIC, First Floor, Call No. K8 .A542 International Intellectual Property Rights. Bruce Horowitz, Melvyn J. Simburg, and David W. Maher, International Lawyer, Summer 2003, Volume 37, No. 2, p 473-77. Physical Location: MLIC, First Floor, Call No. K9 .N7445 Selected TreatisesBelow are a selection of noted works on Intellectual Property held by the University of Tulsa. Many are included above in the traditional IP catergories.
Subject Searching Using the Online CatalogTo search Innopac, the online catalog, follow this link and then select one of the following subject headings depending upon your research interest. --Intellectual property --Patents --Trademarks --Copyright --Trade Secrets The catalog will then display a list of the catalog's subject headings on the left. The number of documents in that subject heading will be displayed on the right. Click on the subject heading to begin reviewing those titles. If you are not finding what you want, you may also try a "key word" search. For example, you may be looking for licensing of intellectual property. Try combining the terms "licensing" and "intellectual property," this may lead you to additional sources closer to your topic. When you click on any given title, it will show you the location information for that title as well as the subject headings given to that title by the library. All of these subject headings are hyperlinks, and clicking on any one of them will lead you to that subject heading in the online catalog. Current AwarenessAs an example of a current awareness service for legal periodical literature, below are the SmartCLIP results for an "intellectual property" profile from the University of Washington's Gallagher Law Library. Included for recipients of this service are live links to full text of the articles from Westlaw and LexisNexis. Abbott, Frederick M. and Jerome H. Reichman. The Doha Round's public health legacy: strategies for the production and diffusion of patented medicines under the amended TRIPS provisions. 10 J. Int'l Econ. L. 921-987 (2007). Conley, Christopher B. Comment. Parallel imports: the tired debate of the exhaustion of intellectual property rights and why the WTO should harmonize the haphazard laws of the international community. 16 Tul. J. Int'l & Comp. L. 189-211 (2007). Guzik, Beata. Student article. Botswana's success in balancing the economics of HIV/AIDS with TRIPS obligations and human rights. 4 Loy. U. Chi. Int'l L. Rev. 255-271 (2007). Kim, Eugene C. Note. YouTube: testing the safe harbors of digital copyright law. 17 S. Cal. Interdisc. L.J. 139-171 (2007). King, Robert. Comment. Only in America: tax patents and the new sale of indulgences. 60 Tax Law. 761-779 (2007). Li, Wenjie. Student piece. Standing to sue in another's shoes: can an assignee of an accrued copyright infringement claim with no other interest in the copyright itself sue for the infringement? 28 Pace L. Rev. 73-99 (2007). Mellow, Amy R. Note. .And the ruling on the field is fair: a fair use analysis of uploading NFL videos onto YouTube and why the NFL should license its material to the website. 17 S. Cal. Interdisc. L.J. 173-201 (2007). Casey Duncan provides a great current awareness service specifically for copyright literature from the University of Texas, Tarleton Law Library. The University of Texas, Tarleton Law Library, in February, 2008, has added both a Patent current awareness service and a Trademark current awareness service modeled on their copyright service. Texas provides article citations including the pdf of the first page of the article for 60 days. Thanks to Jane O'Connell! Tutorials and Educational SitesCALI tutorials on Intellectual Property - Currently, there are forty (40) CALI lessons covering all aspects of intellectual property. Law students, faculty, or staff of the University of Tulsa may access these CALI Lessons by contacting the reference desk at extension 2460 for more information or emailing David Gay at william-gay@utulsa.edu. |
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