Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Copyright (11)
- Intellectual Property Law (7)
- Intellectual property (6)
- Patents (6)
- Intellectual Property (4)
-
- LAW AND SOCIETY (4)
- Climate Change (3)
- Derecho del Consumidor - Class Actions (3)
- Internet (3)
- Law & Psychology (3)
- Law and Economics (3)
- Law and Technology (3)
- Presentaciones (3)
- Antitrust (2)
- Artículos (2)
- Bruno (2)
- Civil society (2)
- Constitutional Law (2)
- Contributions to Books (2)
- Copenhagen (2)
- Copyright Law (2)
- Copyright, Internet, music (2)
- Costantini (2)
- Derecho (2)
- Funding (2)
- Good governance (2)
- Intellectual Property and Information Technology (2)
- Music (2)
- Patent (2)
- Piracy (2)
- Publication
-
- Mubashshir Sarshar (9)
- Jeremy de Beer (6)
- Bruno L. Costantini García (5)
- Justine Pila (5)
- Christopher J. Buccafusco (3)
-
- Gabriel Martinez Medrano (3)
- Hari Priya (3)
- Matthew Rimmer (3)
- Prof. Elizabeth Burleson (3)
- Benjamin Gibert (2)
- David García (2)
- Jessica Litman (2)
- Michael Diathesopoulos (2)
- Paul Swamidass (2)
- Peter Hamner (2)
- Roya Ghafele (2)
- Severin de Wit (2)
- xiaoxiang shi (2)
- Aaron K. Perzanowski (1)
- Benedetta Carla Angela Ubertazzi (1)
- Brendan O. Baggot (1)
- Bret Dickey (1)
- Bryan J Su (1)
- Bryan Mercurio (1)
- Carlos Mena-Labarthe (1)
- Chidi Oguamanam (1)
- Christopher M Holman (1)
- Christopher Sprigman (1)
- Christopher Wadlow (1)
- Dharmendra Chatur (1)
Articles 31 - 60 of 93
Full-Text Articles in Law
India’S Foreign Direct Investments Policy In The Defence Sector, Ved Prakash
India’S Foreign Direct Investments Policy In The Defence Sector, Ved Prakash
VED PRAKASH
India is among the world's top 10 spenders on defence. Currently, India allows only 26 per cent Foreign Direct Investments (“FDI”) in the Defence Sector. The Indian Government is considering a proposal to allow 100 per cent FDI into the Defence Sector.
Halabi Se Abre Camino En El Fuero Federal Adecuación De La Jurisprudencia De La Camara Federal Civil Y Comercial A La Doctrina De La Corte Suprema En Materia De Acciones De Clase)., Gabriel Martinez Medrano
Halabi Se Abre Camino En El Fuero Federal Adecuación De La Jurisprudencia De La Camara Federal Civil Y Comercial A La Doctrina De La Corte Suprema En Materia De Acciones De Clase)., Gabriel Martinez Medrano
Gabriel Martinez Medrano
Estudia la jurisprudencia del fuero federal civil y comercial en materia de class actions despues del precedente Halabi de la Corte Suprema
Comments Submitted To The Us Patent Office On Enhancing The Quality Of Examination, Ron D. Katznelson
Comments Submitted To The Us Patent Office On Enhancing The Quality Of Examination, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Patent Busting With Prior Art?, Brendan O. Baggot
Patent Busting With Prior Art?, Brendan O. Baggot
Brendan O. Baggot
Although there are many routes to invalidating a patent, what are the chances of finding prior art missed during U .S. prosecution? What are some of the factors that influence the outcome of a patent search? How can one assess a priori the likelihood of uncovering “new” prior art? How does the specific technology affect the outcome? These and other
Derecho De La Seguridad Social En México, Bruno L. Costantini García
Derecho De La Seguridad Social En México, Bruno L. Costantini García
Bruno L. Costantini García
Breve presentación del Derecho de la Segurida Social en México.
¿Qué es?
¿Cómo funciona?
¿Su aplicación?
False Imprisonment As A Tort In India, Hari Priya
False Imprisonment As A Tort In India, Hari Priya
Hari Priya
The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.
The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer
The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer
Matthew Rimmer
After much hue and cry, the Copenhagen negotiations over intellectual property and climate change ended in a stalemate and an impasse. There was a gulf between the views of intellectual property maximalists who demanded strong protection of intellectual property rights in respect of clean technologies; and nation states and civil society groups calling for special measures to facilitate technology transfer. As a result, the Copenhagen Accord did contain any text on intellectual property and climate change. Nonetheless, the Copenhagen Accord does, though, contain an important compromise. The text provides for a technology mechanism, which envisages a network of Climate Innovation …
Copyright Law In The United Arab Emirates In The Digital Age, Brian Fitzgerald, Rami M. Olwan
Copyright Law In The United Arab Emirates In The Digital Age, Brian Fitzgerald, Rami M. Olwan
Rami M Olwan
This article gives an overview of copyright law in the United Arab Emirates (UAE) and critically evaluates its operation in the digital era, providing suggestions for reform.
Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman
Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman
Christopher J. Buccafusco
In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions. …
Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
Christopher J. Buccafusco
Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …
Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur
Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur
Christopher J. Buccafusco
In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does …
High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, Matthew P. Allen
High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, Matthew P. Allen
Matthew P. Allen
No abstract provided.
Overlapping Jurisdiction Between Wto Dispute Settlement And Bilateral Mechanisms: Analysis Of Wto Dsb And Chile-Usa Fta, Akawat Laowonsiri, Pawarit Lertdhamtewe
Overlapping Jurisdiction Between Wto Dispute Settlement And Bilateral Mechanisms: Analysis Of Wto Dsb And Chile-Usa Fta, Akawat Laowonsiri, Pawarit Lertdhamtewe
Pawarit Lertdhamtewe
Dispute settlement mechanisms to international trade conflicts are widely varied and can be used selectively since employment of these mechanisms undeniably support on-going process of the world's economy development. This paper is intended to give analysis of overlapping jurisdiction between dispute settlement systems to trade conflicts between countries, herein the case of FTA between Chile-USA and the dispute settlement system under WTO regime. This comparative analysis is expected to give motivation for further research and studies on the same or related fields.
Legal Processing Outsourcing: Is The Lack Of A Regulatory Framework One Of The Challenges Facing The Lpo Industry In India?, Mubashshir Sarshar
Legal Processing Outsourcing: Is The Lack Of A Regulatory Framework One Of The Challenges Facing The Lpo Industry In India?, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Case Study: 1950-1970 Section- 6, The Transfer Of Property Act, 1882, Mubashshir Sarshar
Case Study: 1950-1970 Section- 6, The Transfer Of Property Act, 1882, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Amartya Sen's Theory Of Poverty, Mubashshir Sarshar
Amartya Sen's Theory Of Poverty, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Professional Communication And Confidential Communication, Mubashshir Sarshar
Professional Communication And Confidential Communication, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Sociological Study Of Children (Pledging Of Labour) Act, 1933, Mubashshir Sarshar
Sociological Study Of Children (Pledging Of Labour) Act, 1933, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Hindu Religious And Charitable Endowments, Mubashshir Sarshar
Hindu Religious And Charitable Endowments, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
The Doctrine Of Proportionality, Mubashshir Sarshar
The Doctrine Of Proportionality, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
C.P.C., 1908 Order Xx (Rules 10-20): A Case Study 1990-2010(July), Mubashshir Sarshar
C.P.C., 1908 Order Xx (Rules 10-20): A Case Study 1990-2010(July), Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Patriarchy- The Indian Experience, Mubashshir Sarshar
Patriarchy- The Indian Experience, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
• Be Kind, Please Rewind – The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P. V. Csc Holdings, Inc., Peter Hamner
Peter Hamner
This note examines the Second Circuit's decision in Cartoon Network L.P. v. CSC Holdings, Inc. In Cartoon Network, the Second Circuit held that a new digital video recorder, a Remote Storage Digital Video Recorder (RS-DVR), did not infringe on the copyrights of content providers. The RS-DVR stores user generated recordings remotely. The court re-examined the United States Supreme Court's decision in Sony Corporation of America v. Universal City Studios, Inc. The court correctly decided that the user is responsible for the recordings and not the cable provider. This article was recently named “one of the best law review articles published …
• The Credit Crisis And Subprime Litigation: How Fraud Without Motive ‘Makes Little Economic Sense’, Peter Hamner
• The Credit Crisis And Subprime Litigation: How Fraud Without Motive ‘Makes Little Economic Sense’, Peter Hamner
Peter Hamner
The recent collapse of the financial markets spurred numerous lawsuits seeking a faulty party. Many plaintiffs argue that market participants committed securities fraud. They claim that deficient subprime loans caused the financial crisis. These risky loans were allegedly originated by banks to be sold off to third parties. The subprime loans were securitized and spread throughout the financial markets. The risk these loans presented was allegedly not disclosed to the buyers of the loans and securities on the loans. As these deficient loans and securities began to default the financial markets came to a halt. This article argues that securities …
Civil Procedures For A World Of Shared And User-Generated Content, Ira Nathenson
Civil Procedures For A World Of Shared And User-Generated Content, Ira Nathenson
Ira Steven Nathenson
Scholars often focus on the substance of copyrights as opposed to the procedures used to enforce them. Yet copyright enforcement procedures are at the root of significant overreach and deserve greater attention in academic literature. This Article explores three types of private enforcement procedures: direct enforcement (cease-and-desist practice); indirect enforcement (DMCA takedowns); and automated enforcement (YouTube’s Content ID filtering program). Such procedures can produce a “substance-procedure-substance” feedback loop that causes significant de facto overextensions of copyrights, particularly against those creating and sharing User-Generated Content (UGC). To avoid this feedback, the Article proposes descriptive and normative frameworks aimed towards the creation …
Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath
Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath
Richard Kamprath
“Patent Pleading After Iqbal: Using Infringement Contentions As A Guide” This article proposes how the new standard for pleading patent infringement related claims should be interpreted in light of the Supreme Court’s decisions in Twombly and Iqbal. The facial plausibility of a pleading requires more than bare allegations and must be supported with enough facts in order for the court to infer wrongdoing by the accused infringer. This article is dedicated to applying this theory of pleading to the practical world of the courtroom. Federal Rule 8 is discussed as the starting point to understanding pleading in the federal courts. …
Propiedad Intelectual Y Prácticas Monopólicas, Carlos Mena-Labarthe, Alejandro Hernández Alva
Propiedad Intelectual Y Prácticas Monopólicas, Carlos Mena-Labarthe, Alejandro Hernández Alva
Carlos Mena-Labarthe
El estudio hace un recuento de algunos de los principales problemas y cuestiones que se pueden presentar en la relación de la propiedad intelectual con el Derecho de competencia, en particular en la regulación de las prácticas monopólicas.
The Ali Principles And The Clip Project – A Comparison, Benedetta Carla Angela Ubertazzi
The Ali Principles And The Clip Project – A Comparison, Benedetta Carla Angela Ubertazzi
Benedetta Carla Angela Ubertazzi
No abstract provided.
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
Bret Dickey
In recent years, patent settlements between branded and generic manufacturers involving “reverse payments” from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. It appears that such settlements will be a focus of the Obama Administration’s antitrust enforcement policy. Yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this paper, we present an analytical framework for evaluating the competitive effects of patent settlements, including those involving reverse payments, and demonstrate that …
Patents And Pharmaceutical R & D: Consolidating Private-Public Partnership Approach To Global Health Crises, Chidi Oguamanam
Patents And Pharmaceutical R & D: Consolidating Private-Public Partnership Approach To Global Health Crises, Chidi Oguamanam
Chidi Oguamanam
Intellectual property (IP) is a reward and incentive market-driven mechanism for fostering innovation and creativity. The underlying, but disputed, assumption to this logic is that without IP, the wheel of innovation and inventiveness may grind to a halt or spin at a lower and unhelpful pace. This conventional justification of IP enjoys, perhaps, greater empirical credibility with the patent regime than with other regimes. Despite the inconclusive role of patents as a stimulant for research and development (R&D), special exception is given to patent’s positive impact on innovation and inventiveness in the pharmaceutical sector. This article focuses on that sector …