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Articles 1 - 30 of 83
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Intellectual Property Enforcement In Chin, Peter Yu
Everything Is Connected, Kembrew Mcleod
Everything Is Connected, Kembrew Mcleod
Kembrew McLeod
The article discusses U.S. copyright law and the copyright clearance system, focusing on the author's documentary film "Copyright Criminals," which aired on Public Broadcasting System (PBS). It explores sampling and collage in audiovisual media, commenting on use of the practice by hip-hop group Public Enemy. Other topics include the Washington, D.C. Center for Social Media, intellectual property, and fair use. The author also examines his book "Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property" and a prank in which he successfully copyrighted the phrase "Freedom of Expression"
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
Mark Perry
Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.
Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu
Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu
Subhajit Basu
LLM in Cyberlaw: information technology, law and society enables you to develop knowledge and skills in relation to the legal rules regulating cyberlaw activity in the UK and Europe, and at a global level.
Cybersquatting At The Intersection Of Internet Domain Names And Trademark Law, Steven Wright
Cybersquatting At The Intersection Of Internet Domain Names And Trademark Law, Steven Wright
Steven Wright
This is a tutorial about the basic elements of domain name system and trademark law focussing on the interactions between them and specifically on the concept of cybersquatting. The tutorial reviews the structure of the domain name space and it’s associated protocols as well as the legal context for trademarks and the recent advances for adjudication of disputes related to cybersquatting. Some potential impacts of recent extensions proposed for the gTLD domain name space are also considered.
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin Roth, Robert Bennett
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin Roth, Robert Bennett
Robert B. Bennett
Following a brief discussion of the history of trademark infringement law, the events leading to the FTDA, and an overview of the FTDA, this paper discusses the major causes of the FTDA's ineffectiveness. We will then review the application of the act, discuss its implications on the future of trademark ownership in business, and suggest improvements to the legal application of the act.
Patent Reform 2010 - Selected Topics, Ron D. Katznelson
Patent Reform 2010 - Selected Topics, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
A Failure Of Uniform Laws?, Michael Risch
A Failure Of Uniform Laws?, Michael Risch
Michael Risch
The Uniform Trade Secrets Act, adopted in forty-six states over 30 years, illustrates an important purpose of uniform laws: allowing states to adopt sister-state statutory interpretation when they enact the uniform statute. The case law of each UTSA state should theoretically apply in every other state adopting it, which provides an important benefit for small states that do not have enough litigation activity to generate their own substantial trade secret case law. This essay tests this purpose. It examines one small state’s opinions to see how much uniformity the UTSA provides. The results are somewhat surprising: the test state’s courts …
Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.
Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.
Rodolfo C. Rivas
The author discusses the subtle differences between Copyright and Author's Rights. Then he goes into analyzing the different ways a work can become part of the public domain and how it varies from jurisdiction to jurisdiction and from time to time.////////////////////////////////////////////////////El autor analiza las sutiles diferencias entre los derechos de autor y el copyright. Posteriormente se adentra en el análisis de las formas en las que una obra entra dentro del dominio público, y como estas varían dependiendo del territorio y de la época.
An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania
An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania
Tejas N. Narechania
Five Ways To Make The Entertainment Industry’S Enforcement Strategies More Convincing, Peter Yu
Five Ways To Make The Entertainment Industry’S Enforcement Strategies More Convincing, Peter Yu
Peter K. Yu
No abstract provided.
Forward To The Past, Michael Risch
Forward To The Past, Michael Risch
Michael Risch
The Supreme Court’s decision in Bilski v. Kappos - banning all patents claiming ‘‘abstract ideas,’’ but refusing to categorically bar any particular type of patent - represents a return to the Court’s past patentable subject matter jurisprudence. In so returning, the Court determined that business methods could potentially be patentable. This Supreme Court Review article discusses what is essentially a restart: lower courts and the PTO must remake the law using the same precedent that led to the rigid rules rejected by the Court in Bilski. Part I discusses Mr. Bilski’s patent application and the Court’s ruling that it is …
Reviving An Epithet: A New Way Forward For The Essential Facilities Doctrine, Sandeep Vaheesan
Reviving An Epithet: A New Way Forward For The Essential Facilities Doctrine, Sandeep Vaheesan
Sandeep Vaheesan
For sound economic reasons, the antitrust laws, in general, do not require firms to share their assets with rivals. When a particular asset has natural monopoly characteristics and is used as an input in other markets, however, the essential facilities doctrine requires that the asset be shared with firms in related markets. In recent decades, the Supreme Court and leading scholars have criticized the doctrine, claiming it is economically inefficient and taxes the institutional capacity of the judiciary.
Historically, the courts most often applied the doctrine to tangible natural monopolies like electric transmission grids and bottleneck railroad lines. In recent …
Relación Entre Sectores Del Cine En México, Rodolfo C. Rivas Rea Esq., Juan Ángel Garza Vite Esq.
Relación Entre Sectores Del Cine En México, Rodolfo C. Rivas Rea Esq., Juan Ángel Garza Vite Esq.
Rodolfo C. Rivas
A brief historical analysis of the film industry in Mexico that delves into the current state of affairs between producers, distributors and exhibitors. The authors also draw conclusions from current trend examples in the US and Europe.///////////////////////////////////////////Los autores realizan un breve análisis histórico de la industria cinematográfica en México, centrándose en particular en el estado de la relación entre productores, distribuidores y exhibidores. A partir de esto, los autores desarrollan conclusiones basados en tendencias actuales en los EE.UU. y Europa.
Moral And Personality Rights And The Digital Dilemma, Peter Yu
Moral And Personality Rights And The Digital Dilemma, Peter Yu
Peter K. Yu
No abstract provided.
Social Semiotics In The Fair Use Analysis, H. Brian Holland
Social Semiotics In The Fair Use Analysis, H. Brian Holland
H. Brian Holland
No abstract provided.
Faculty Colloquia, Spring 2009 Series, Alfred Brophy, Dennis Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Miller, Juliet Moringiello, Robert Rhee, Robert Steinbuch, Brian Tamanaha
Faculty Colloquia, Spring 2009 Series, Alfred Brophy, Dennis Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Miller, Juliet Moringiello, Robert Rhee, Robert Steinbuch, Brian Tamanaha
Robert Rhee
No abstract provided.
U.S. International Trade Commission Hearing On China: Intellectual Property Infringement, Indigenous Innovation Policies, And Frameworks For Measuring The Effects On The U.S. Economy; Testimony, Peter Yu
Peter K. Yu
No abstract provided.
Protecting Innovation In Plants, Srividhya Ragavan
Protecting Innovation In Plants, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
Authentic Authorship, Alina Ng
Authentic Authorship, Alina Ng
Alina Ng
Copyright laws protect original works of authorship, but ownership rights in literary and artistic works need not necessarily reside with the author or creator of the work. By statutory provision, the copyright owner, and not the author, possesses the exclusive rights to control the reproduction, distribution, public performances, and the making of derivatives. It is interesting to note the apparent disconnect between the exclusive rights protecting the subject matter of authorship and the author, as the creator, of a work of authorship. This disconnect is, arguably, attributable to the influence of law and economics, and American legal realism, on copyright …
Reflections On The U.S.-China Dispute Over Intellectual Property Enforcement, Peter Yu
Reflections On The U.S.-China Dispute Over Intellectual Property Enforcement, Peter Yu
Peter K. Yu
No abstract provided.
The Implications Of The Valcyte Patent Post-Grant Opinion (Webinar), Srividhya Ragavan, Feroz Ali
The Implications Of The Valcyte Patent Post-Grant Opinion (Webinar), Srividhya Ragavan, Feroz Ali
Srividhya Ragavan
No abstract provided.
Individualism And Collectiveness In Copyrigh, Peter Yu
Individualism And Collectiveness In Copyrigh, Peter Yu
Peter K. Yu
No abstract provided.
The Impact Of Acta On Copyrighted Goods, Peter Yu
The Ethics Of Authorship, Alina Ng
Perfection Of Ipr Systems And The Improvement Of Ipr Strategies In The Context Of Economic Globalization, Peter Yu
Peter K. Yu
No abstract provided.
Phoning It In: A Digitized Lecture-Performance On The History Of Music And The Telephone, By The Killer Apps, Kembrew Mcleod, L. Glass
Phoning It In: A Digitized Lecture-Performance On The History Of Music And The Telephone, By The Killer Apps, Kembrew Mcleod, L. Glass
Kembrew McLeod
No abstract provided.
Brief Of Law Professors As Amici Curiae In Support Of The Petitioners, Harjo V. Pro-Football Inc., Victoria Phillips, Christine Haight Farley
Brief Of Law Professors As Amici Curiae In Support Of The Petitioners, Harjo V. Pro-Football Inc., Victoria Phillips, Christine Haight Farley
Christine Haight Farley
Amici are scholars at U.S. law schools whose research and teaching focus is intellectual property law, federal Indian law and constitutional law. Amici are concerned that the Court of Appeals decision below is inconsistent with the well settled law that laches does not apply to trademark cancellation claims, including those based on disparagement, because of the strong public interest in being free from the harms that disparagement causes. These harms, which include damaging stereotyping and stigmatization, are serious and deserve protection no matter what private harm may be caused by delay to the trademark registrant. Further, precluding laches in these …
Convergence And Incongruence: Trademark Law And Icann’S Introduction Of New Generic Top-Level Domains, Christine Haight Farley
Convergence And Incongruence: Trademark Law And Icann’S Introduction Of New Generic Top-Level Domains, Christine Haight Farley
Christine Haight Farley
This paper demonstrates how problematic convergences between Internet technology, the demands of a burgeoning e-market and trademark laws have created myriad issues in international governance of domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), the body that governs internet's infrastructure, recently approved a new policy that would allow it to accept applications for additional generic top-level domains (gTLDs). What ICANN contemplates is a uniform system to approve generic top level domains that is expected to have profound implications. Under this new plan anyone can apply for a new gTLD at any time and it could be literally …