Law Commons^™

Certificacion De Una Acción De Clase, Gabriel Martinez Medrano

Gabriel Martinez Medrano

Analisis del sistema de class actions en Argentina con posterioridad al leading case de la Corte Suprema "Halabi"

Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong

Dr Rebecca Wong

This article updates a working party looking at the definition of a "data controller" under the Data Protection Directive 95/46/EC within the context of a social networking environment. In brief, the article considers twhether the phenomenom of social networking (through Facebook (FB), MySpace and Bebo) has produced unintended consequences in the interpretation and application of the Data Protection Directive 95/46/EC to the online environment. The Data Protection Directive 95/46/EC defines a "data controller" broadly to refer to the 'natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means …

Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos

Apostolos Chronopoulos

This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this case, the strategic behavior of the patentee was subjected to both an antitrust and unfair competition analysis. Both approaches display an inadequacy to squarely balance all of the conflicting interests involved. The solution proposed is to apply the patent misuse doctrine as a rule that expresses a public policy defense against patent enforcement so as to ensure …

Waardering Van Intellectuele Eigensomsrechten, Severin De Wit

Severin de Wit

Waardering van Intellectuele eigendomsrechten is een nog onontgonnen terrein. Bestaande waarderingstechnieken zijn in veel gevallen ontoereikend voor een bruikbare waardering. Omstandigheden die voor een waardering van belang kunnen zijn.

Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer

Matthew Rimmer

In September, Prime Minister Kevin Rudd emphasized the need for national and global action on climate change and called for “a grand bargain” between “the developed world and the developing world in order to reach an outcome for the planet earth as a whole”.No doubt, action on climate change will need new technology, which most likely will be predominately developed in a few, innovative countries. It is also clear, however, that if this ‘grand bargain’ is to be more than a wistful hope we need appropriate intellectual property rights in place for these new technological developments.The chairs of the Ad …

The Politics Of Intellectual Property, Jessica Litman

Jessica Litman

This talk, delivered at the 2006 AALS mid-year meeting, briefly addresses the politics of copyright legislation before segueing into the politics of intellectual property scholarship. I urge that the metaphor of a “copyright war,” used by both copyright owners and copyright reformers, is uncomfortably apt. It reflects a polarization of the copyright community that has affected copyright scholarship in unhealthy ways, encouraging scholars to choose sides in the copyright wars and to tailor their scholarship to fit.

Patent Rulings On Disclosure Will Spawn Litigation, Not Innovation, Jeremy De Beer

Jeremy de Beer

No abstract provided.

The Road To Copenhagen: Intellectual Property And Climate Change, Matthew Rimmer

Matthew Rimmer

The draft negotiating text on long-term co-operative action under the United Nations Framework Convention on Climate Change FCCC/AWGLCA/2009/8; the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011 HR 2410 (United States); the American Clean Energy and Security Act of 2009 HR 2454 (United States); the Foreign Operations, and Related Programs Appropriations Act 2010 HR. 3081 (United States); and the TRIPS Agreement 1994.In the lead-up to the discussions over IP and climate change in Copenhagen in 2009, the US House of Representatives passed a resolution that it should be the policy of US government officials in discussions over the long-term …

Media Futures: A Review Essay On 'The Future Of Reputation', 'Tv Futures', And 'The Future Of The Internet And How To Stop It', Prometheus, Vol. 27 (3), P. 267-279., Matthew Rimmer

Matthew Rimmer

This review essay considers three recent books, which have explored the legal dimensions of new media. In contrast to the unbridled exuberance of Time Magazine, this series of legal works displays an anxious trepidation about the legal ramifications associated with the rise of social networking services. In his tour de force, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet, Daniel Solove considers the implications of social networking services, such as Facebook and YouTube, for the legal protection of reputation under privacy law and defamation law. Andrew Kenyon’s edited collection, TV Futures: Digital Television Policy in Australia, explores …

A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke

Matthew Rimmer

There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There …

Wikipedia, Collective Authorship, And The Politics Of Knowledge, Matthew Rimmer

Matthew Rimmer

This chapter considers the legal ramifications of Wikipedia, and other online media, such as the Encyclopedia of Life. Nathaniel Tkacz (2007) has observed: 'Wikipedia is an ideal entry-point from which to approach the shifting character of knowledge in contemporary society.' He observes: 'Scholarship on Wikipedia from computer science, history, philosophy, pedagogy and media studies has moved beyond speculation regarding its considerable potential, to the task of interpreting - and potentially intervening in - the significance of Wikipedia's impact' (Tkacz 2007). After an introduction, Part II considers the evolution and development of Wikipedia, and the legal troubles that have attended it. …

A Submission To The House Standing Committee On Procedure Inquiry Into The Effectiveness Of House Committees, Simon Rice, Matthew Rimmer

Matthew Rimmer

Thank you for the opportunity to make a submission to your inquiry into the effectiveness of the House Committees. Our Parliamentary committees have six basic roles: to advise, to inquire, to administrate, to legislate, to negotiate, and to scrutinise and control’. After a slow start in Australia, committees have become increasingly important to democratic governance in Australia.

The committees’ effective performance of their tasks are vital to a healthy Australian democracy. It is our experience, as frequent participants in parliamentary committee inquiries, that the committees are not sufficiently resourced, in time and personnel, to effectively discharge their increasingly important role.

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

Comments Submitted To The Us Patent Office On Deferred Examination For Patent Applications, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

The Copyright Revision Act Of 2026, Jessica Litman

Jessica Litman

In this lecture, the Twelfth Annual Honorable Helen Wilson Nies Memorial Lecture in Intellectual Property Law, I suggest we may be gearing up to persuade Congress to embark on a new round of copyright revision. If history is any guide, we already know what a revised copyright law is likely to look like: it will be longer, broader, more complicated and less flexible than the one we have now. Before committing ourselves to that enterprise, we should take the opportunity to imagine what the copyright system might look like if we were free to write on a blank slate. I …

Arguing Patentability With Motif Analysis And Gene Sequence Alignments, Brendan O. Baggot

Brendan O. Baggot

No abstract provided.

A Submission To The Joint Standing Committee On Treaties On The Agreement Between Australia And The European Community On Trade In Wine 2009, Matthew Rimmer

Matthew Rimmer

Geographical indications are defined under the TRIPS Agreement 1994 as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. Geographical indications involve a consideration of intellectual property law, international trade law, and agricultural policy. This submission will consider the intersection between these fields of regulation.This submission is a personal response to the Agreement between Australia and the European Community on Trade in Wine 2009; and a more impersonal effort to …

A Submission To The Senate Community Affairs Committee Inquiry Into Gene Patents, Matthew Rimmer

Matthew Rimmer

I am a senior lecturer and the associate director for research at the Australian National University College of Law based in Canberra, Australia. I am also an associate director of the Australian Centre for Intellectual Property in Agriculture (ACIPA). I have a BA (Hons) and a University Medal in literature, and a LLB (Hons) from the Australian National University, and a PhD in law from the University of New South Wales. I am a member of the Copyright and Intellectual Property Advisory Group of the Australian Library and Information Association, and a director of the Australian Digital Alliance. I am …

La Marca Renombrada, ¿Un Obstaculo A La Libre Competencia?, Salvador Francisco Ruiz Medrano

Salvador Francisco Ruiz Medrano

The present investigation is the fruit of my interest in the Italian doctrine regarding well known trade marks. The Italian doctrine was based in the 1942, June 21st Decree, which for some scholars did not protect the attractive force of the well known trade mark, since such a protection would have been based not in the quality of the products and services offered, but in an absolutely irrational data, which is the suggestive capacity of the trade mark. The protection of this attractive power will not do any favor to free trade market; on the contrary, it would create monopolist …

Securitization Of Patents And Its Continued Viability In Light Of The Current Economic Conditions, Aleksandar Nikolic

Aleksandar Nikolic

No abstract provided.

Happiness And Punishment (With J. Bronsteen & J. Masur), Christopher J. Buccafusco

Christopher J. Buccafusco

This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …

Thomas Hardy’S Tess Of The D’Urbervilles, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Rights Of Arrested Person- Case Analysis, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Violation Of Right To Way, Right To Access Of Light And Right To Access Of Air And Other Easementary Rights, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Comparative Study Of The Prinicples Of Contract Formation Of India, China, Usa And France, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Non Resumption Of Cohabatation As A Fault Ground Of Divorce Under The Hindu Marriage Act, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson

Ira Steven Nathenson

Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …

Intellectual Property And State Immunity From Jurisdiction In The New York Convention Of 2004, Benedetta Carla Angela Ubertazzi

Benedetta Carla Angela Ubertazzi

No abstract provided.

Intervención Obligada De Terceros En El Proceso Laboral, Gabriel Martinez Medrano

Gabriel Martinez Medrano

Versión abreviada de Tesina presentada para aprobar Curso Posgrado Derecho Laboral (Sociedad Argentina de Derecho Laboral SADL) 2007

Is China A ‘Currency Manipulator’?: The Legitimacy Of China’S Exchange Regime Under The Current International Legal Framework, Bryan Mercurio, Celine Sze Ning Leung

Bryan Mercurio

While most economists are in agreement that China’s currency is undervalued, economists are less certain as to the effect of the undervaluation. Despite the equivocal data, critics of China’s regime claim that the undervaluation leads to cheaper, and therefore increased exported goods, while at the same time raising the price of imported goods. For this reason, U.S. lawmakers perpetually raise the issue and periodically initiate legislation, which would deem China a “currency manipulator” and thus trigger retaliatory measures. Lawyers are less certain whether there can be a multilateral solution to the perceived problem.

With the existing legal literature consisting mostly …