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Full-Text Articles in Law
Patent Trolls Among Us, Kent R. Acheson
Patent Trolls Among Us, Kent R. Acheson
Kent R Acheson
As Acheson (2012) suggested in A Study of the Need to Change United States Patent Policy, software should not be patented, but the Intellectual Property Rights should be protected in another manner that does not entail a Copyright, Trademark, or secrecy. A new form of protection should be created based on certain criteria, such as useful life of a patent, incremental innovation, value to society, and or value to life.
Fixing Frand: A Pseudo-Pool Approach To Standards-Based Patent Licensing, Jorge Contreras
Fixing Frand: A Pseudo-Pool Approach To Standards-Based Patent Licensing, Jorge Contreras
Jorge L Contreras
Technical interoperability standards are critical elements of mobile telephones, laptop computers, digital files, and thousands of other products in the modern networked economy. Most such standards are developed in so-called voluntary standards-development organizations (SDOs) that require participants to license patents essential to the standard on terms that are “fair, reasonable and non-discriminatory” (FRAND). FRAND commitments are thought to avoid the problem of patent hold-up: the imposition of excessive royalty demands after a standard has been widely adopted in the market. While, at first blush, FRAND commitments seem to assure product vendors that patents will not obstruct the manufacture and sale …
Game Over For First Sale, Stephen J. Mcintyre
Game Over For First Sale, Stephen J. Mcintyre
Stephen J McIntyre
Video game companies have long considered secondhand game retailers a threat to their bottom lines. With the next generation of gaming consoles on the horizon, some companies are experimenting with technological tools to discourage and even prevent gamers from buying and selling used games. Most significantly, a recent patent application describes a system for suppressing secondhand sales by permanently identifying game discs with a single video game console. This technology flies in the face of copyright law’s “first sale” doctrine, which gives lawful purchasers the right to sell, lease, and lend DVDs, CDs, and other media. This Article answers a …
Trade Marks: Single Colours Can Be Protected (And Competitors See Red)., Valerio Cosimo Romano
Trade Marks: Single Colours Can Be Protected (And Competitors See Red)., Valerio Cosimo Romano
Valerio Cosimo Romano
No abstract provided.