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Doris Estelle Long

Doris Estelle Long
University of Illinois at Chicago School of Law · School of Law

J.D. Cornell Law School

About

36
Publications
22,895
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87
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Introduction
Doris Estelle Long is a Professor Emeritus at the University of Illinois Chicago; Former Director of its Center for Intellectual Property, Information and Privacy Law and current Adjunct Faculty. Among her current projects are COVID and IP Exceptions; Intersections between Intellectual Property, Information Security, And Cyberspace; Copyright, Technology, Privacy and Human Rights.

Publications

Publications (36)
Chapter
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While the trade policies of TRIPS and, in particular its strong protection for intellectual property rights in the pharmaceutical sector, continue to drive health costs upwards, potential regulatory doctrines aimed at reducing those costs often remain underutilized or ineffective. This chapter briefly examines seven “roadblocks” that stand in the w...
Chapter
Full-text available
The new technology of the ‘Digital Age’ has led to the creation of potentially new copyrightable forms of works and new methods of distribution that do not automatically fit within existing paradigms based on a hard-goods world. As a result, copyright reform efforts are underway in jurisdictions as diverse as Australia, China, New Zealand, Singapor...
Chapter
Full-text available
The strong integrating movements of intellectual property multilateralism in the latter decades of the 20th century and the first decade of the 21st century have given way to a period of increasing dís·integration. The period that saw the rise of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and diverse regional and...
Conference Paper
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Perfection of intellectual property laws in the face of new technologies and new communication media is a constant challenge for all countries since the printing press was first created. The upcoming modifications to the 2005 Civil Code of The Socialist Republic of Vietnam provide an invaluable opportunity to engage in a wide-ranging, critical disc...
Article
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Trademarks have long suffered from an 'ugly stepsister' status in the realm of intellectual property. Quasi-market regulation tool, quasi-investment property; trademark's historical role as both consumer-information signifier and producer-investment asset has led to increasingly confusing dichotomous treatment under the Lanham Act. The potentially...
Article
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Deviant globalization is a 'powerful engine of wealth creation ...[P]articipating in deviant globalization is often an individual’s fastest ticket out of poverty and a way for an entire community to experience economic development.' Although some aspects of deviant globalization undeniably include illegal conduct, such 'illegality is not necessaril...
Article
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The foundational international documents of international intellectual property protection – the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property – were created within the economic, sociologic and political milieu of Nineteenth Century Neo-Imperialism. Neo-imperial...
Article
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A rational trade secret regime could serve as a valuable first step in protecting indigenous innovation. However, to assure that such a regime does not simply lock away such innovation from the public but assures that it is used and valued on terms that respect the rights of indigenous holders, the full flexibilities mandated by present internation...
Article
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Cyberspace provides a potent safety net for terrorists as its under-regulated spaces allow for a variety of illegal acts in support of terrorist activities. As traditional sources for terrorist funding have come under increased scrutiny and control, terrorists and other paramilitary organizations have increasingly turned to other illegal avenues fo...
Article
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While intellectual property has long been perceived as a method for protecting, and ultimately valuing, innovation, it is an imperfect measure. With its traditional bias in favor of innovation as delimited by Western views of individuality and technological progress, intellectual property is not only an imperfect measure, but also one that has cont...
Article
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Over time there has developed an uneasy convergence between the normative concepts of “creativity” and “innovation,” particularly in the areas of copyright and patent law and policy. Arising historically from the inclusion of software as a copyright protectable work in the 1980s, this convergence has led to the interjection of concepts related to t...
Article
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In the global economy of the twenty-first century, “coca-colanization” has become a painful economic reality for developing nations. With new branding strategies and a legal protection regime that favors the famous marks of global monopolists, local businesses are not only losing market share, they are also losing their ability to compete in a new...
Article
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Cyberspace is often a battlefield with a wide array of armies posed to challenge one another across the increasing array of rhetoric and technology that has made it such a potent arena for global digital commerce. Perry Barlow’s infamous demand that cyberspace be left to its own devices because of its unique unregulated nature may have been answere...
Article
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What are the challenges facing the protection of traditional knowledge internationally? Can the protection of such rights, which have traditionally existed outside the boundaries of intellectual property, be achieved in the face of current challenges to protection epitomized by such emerging international movements as enhanced access to information...
Article
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Even though creativity lies at the heart of present copyright laws, the impulse to create - or more precisely what triggers such creativity - remains largely unexamined. In the digital demand for access to information, new standards for cash 'n carry creativity are being urged with little regard to what level of authorial control may be required to...
Article
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‘Innovation’ has become the watchword of the twenty-first century. It is used to describe everything from new communication technologies and businesses to the latest web postings. More to the point, ‘innovation’ has become a talisman for both those who support strong protection for intellectual property rights (IPR) as well as for those who reject...
Article
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Focusing on the challenges posed to the use of electronic voting machines in the 2004 Presidential election, this Article analyzes the application of the Digital Millennium Copyright Act to the issue and argues that critical reforms are needed to protect core political values from being harmed by its notice and takedown provisions, among others. Us...
Article
In crafting new paradigms to balance the often competing demands of technological advancement and privacy, it is critical to treat the issue from an international perspective. Differences in politics, culture and even views regarding the benefits of certain technological advances argue against the creation of a truly universal paradigm. Using the d...
Article
Unless the Internet-connected world reconsiders its chauvinistic belief in the global benefits of technological homogenization and provides adequate tools to begin to bridge the cultural divide of the Internet, its promise, like the promise of globalization, may stumble on its own excesses. Present Internet protection standards must do more than si...
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Current processes of international intellectual property harmonization threaten to exacerbate further the divisions between developed and developing countries, the so-called “North-South divide,” by continuing to marginalize the participation of developing and non-industrialized countries. Such marginalization severely reduces the opportunity for “...
Article
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The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited...
Article
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This Article examines current trends at reducing intellectual property protection both domestically and internationally through both public access doctrines such as fair use, and the disturbing trend toward a resurrection of the doctrine of election. The Article examines the historic and economic role of intellectual property in incentivizing creat...
Article
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The operational premise of this Article is that a comparison of economic globalization trends and philosophies may provide useful insights into the intellectual property harmonization process, exposing both its present short-comings as well as future directions. Globalization may serve as a both a descriptive paradigm for IPR harmonization and a pr...
Article
Full-text available
The presence of foreign investment and the subsequent development of a commercial culture that facilitates participation in the global marketplace can have an adverse impact on indigenous culture. The “Coca-colonization” of non-Western, non-capitalist societies has become the new economic imperialism of developed countries. From eco-tourism to cult...
Article
Full-text available
The Problem of Developing an International Protection Standard in Today's Multicultural, Economically Diverse, Global Marketplace - Volume 90 - Doris Estelle Long
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Full-text available
There is no question that the Summer Olympics in Beijing pose a tremendous marketing opportunity. They also pose a great opportunity for the development of effective techniques for enforcing intellectual property rights. China has already enacted special regulations governing the protection of Olympic symbols and has established special regulations...

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Projects

Projects (7)
Project
Expose the continuing role of imperialism in present IP protection norms and explore the impact such norms have and will have on future IP protections
Project
To analyze the impact of technology on copyright norms and ascertain what changes if any such impacts require in present legal regimes for protecting authors' creations. Includes both an historical and future normative analysis of such impact.
Project
Reviewing present international norms and suggestions changes to bring IP norms into the 21st Century with the goal of achieving a more inclusive, technologically relevant and balanced approach to such protection on both a domestic and global scale