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Articles 1 - 4 of 4
Full-Text Articles in Law
Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze
Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport
Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport
The Journal of Business, Entrepreneurship & the Law
In this article, I will look in-depth at the case of American Broadcasting Cos. v. Aereo, Inc. (Aereo). Aereo centers on an alleged infringement of American Broadcasting Company's (ABC)'s public performance right that was achieved through a complicated technological process meant to circumvent the law. In its opinion, the Supreme Court of the United States tries to stretch the language of the Copyright Act to apply to new technology by analogizing it with more familiar processes, while the dissent calls for reform to come from Congress, not the courts. Before my discussion of the Aereo decision, I will discuss the …
Useless Information: Genetic Patenting, The Usefulness Requirement, And The Effect On The “Big Freeze”, David T. Bennett
Useless Information: Genetic Patenting, The Usefulness Requirement, And The Effect On The “Big Freeze”, David T. Bennett
Journal of the National Association of Administrative Law Judiciary
This note considers the current state of affairs regarding patentability in the field of biotechnology, especially that of genes and DNA. Part II gives a brief background of patents in general, including the requirements that must be met for a patent to be granted, the way in which the patent process works, and the options available to a patent holder once a patent has been granted. Part III explores the history of biotechnology patents. Part IV takes a look at the relationship between patents and biotechnology, and sheds light on some of the common arguments both in favor of and …
The Trademark As A Novel Innovation Index, Brian J. Focarino
The Trademark As A Novel Innovation Index, Brian J. Focarino
The Journal of Business, Entrepreneurship & the Law
When studying the relationship that exists between entrepreneurship and intellectual property, patents receive the most scholarly attention. The attention makes sense when we consider that patents are closely associated with technical progress, grant temporary monopolies that incentivize investment in research & development (R&D), and function as vectors of technological dissemination in and of themselves. In a number of industries however, conventional forms of innovation often associated with patenting are minimal or missing altogether, and require us to look elsewhere to discern innovative behavior. This Essay highlights novel applications for trademark law to entrepreneurial activity in low-technology industries and low-financing locations …