After highlighting the importance of intellectual property in higher education, provides a brief overview of the issue's articles presented as papers at a December 1999 research conference co-sponsored by the University of Houston Law Center's Institute for Higher Education Law and Governance and Institute for Intellectual Property and Information…

Provides an overview of collegiate trademark cases; discusses several forms of infringement, including traditional infringement on commercial products, ambush marketing, and Internet infringement; addresses available remedies; and offers practical tips for dealing effectively with trademark protection. (EV)

Ownership issues in the results of research generally and of human tissue research specifically are explored. While acknowledging some uncertainty in the law, it is found that human tissue may be lawfully accessed for research and that use of human tissue does not modify the general allocation of interests. (MSE)

Whether words that are first spoken to an interviewer but end up as an edited transcript for the use of scholars and writers can receive copyright protection under the 1976 Federal Copyright Act is discussed. Ample precedent exists to determine that oral history is copyrightable. (MLW)

Under trademark law a school automatically develops rights in the use of its name, athletic team, names and slogans, and seals and symbols, but federal registration is also available. Registration provides both national constructive notice of the claim of rights and incontestability of rights after five years of continuous use. (MSE)

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…

An analysis of problems relating to university patents today is presented, and a policy for the institution which addresses the issues that these problems present is suggested. Patenting the results of university research would not delay the publication of research and would provide a needed source of funding. (Author/MLW)

The ability of a university to do research free from undue interference is discussed in light of two court cases: Buchanan vs. American Motors Corp. and Dow Chemical Co. vs. Allen. Their principal significance lies in sparing nonparty researchers from the discovery process notwithstanding the acknowledged breadth of discovery. (MLW)

Laws governing university ownership of paleontological specimens and resources, and attempts by the federal government to claim ownership, are discussed. A 1993 court case and its implications for universities are reviewed; and current statutes, regulations, and proposed legislation are examined. Guidelines for university paleontologists in…

The Copyright Act of 1976 appears to undermine traditional arguments that placed scholarly writing outside the definition of works "made for hire," and strengthens the presumption that employers own copyrights to employees' work. The implications for faculty are discussed, and methods available to academics to retain copyrights are…

The Uniform Patent Legislation directly and significantly affects the technology transfer relationship between the federal government and academe. With appropriate regulations and a centralized review process, the act should be a valuable tool to American industry, and particularly to universities, nonprofit organizations, and small businesses.…

A review of the literature and a survey of 98 collegiate licensing programs and 6 sport licensing programs were used to develop an optimal administrative model for collegiate licensing. Specific administrative recommendations concerning staffing, inventory, trademarks, written policies, exclusivity, innovative agreements, product samples,…

Three categories of legal issues generated by computers on campus are examined: copyrights on programs developed by students, faculty, or staff; contracts in purchasing computers and torts concerning wrongful use; and the expectation that schools will respond to legal/ethical issues differently than commercial organizations. Suggestions for…

The argument that universities have the right to exploit faculty work products as "works made for hire" is examined in light of recent Supreme Court cases on copyright law and the First Amendment. It is concluded that, despite the seemingly broad sweep of the work for hire provision, this provision of the Copyright Law cannot be…

Public access to scientific research obtained by faculty employed at state universities, it is suggested, should be restricted until proprietary rights have been secured. Public access to a state university's research denies that institution a proprietary right, and severely discourages the promotion of high quality basic research. (MLW)