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Articles 1 - 10 of 10
Full-Text Articles in Law
Aransemen Kontemporer Musik Tradisional Sebagai Inovasi Pemajuan Kebudayaan Dalam Lingkup Hak Kekayaan Intelektual, Mohammad Ryan Hernandi
Aransemen Kontemporer Musik Tradisional Sebagai Inovasi Pemajuan Kebudayaan Dalam Lingkup Hak Kekayaan Intelektual, Mohammad Ryan Hernandi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Traditional Knowledge and Traditional Cultural Expressions are traditional forms of intellectual property that are closely related to copyright within the scope of Intellectual Property Rights (IPR). Among the various types of Expressions of Folklore in Indonesia, traditional music and songs are one of them. Traditional music is music or sound art found in various regions of Indonesia that is born and develops and is passed down from one generation to the next. Traditional music usually uses the language, style, and traditions of the region it originates from. The traditional music of each region has its own characteristics, for example, the …
Krawiec V. Manly, Abigail Demasi
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga
NYLS Law Review
No abstract provided.
Intellectual Property And Gender: Reflections On Accomplishments And Methodology, Kara W. Swanson
Intellectual Property And Gender: Reflections On Accomplishments And Methodology, Kara W. Swanson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen
National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen
Master's Theses and Doctoral Dissertations
Recent studies indicate that the United States is trailing other countries in technological innovation and competitiveness. This case study examined national security policy constraints on technological innovation, specifically the Invention Secrecy Act. It focused on the social constructs of collaboration and interdisciplinary knowledge in the aerospace industry. The methodology included historical research, data collection, and semi-structured interviews with experts from academia, general industry, government and public policy, aerospace/defense industry, and federal government. The results of the study suggested that since World War II, national security policies have not been clearly and consistently defined, interpreted, or implemented. This lack of clarity …
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
All Faculty Scholarship
In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court’s Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this issue …
Ip And Antitrust: Reformation And Harm, Christina Bohannan, Herbert J. Hovenkamp
Ip And Antitrust: Reformation And Harm, Christina Bohannan, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust and intellectual property law both seek to improve economic welfare by facilitating competition and investment in innovation. At various times both antitrust and IP law have wandered off this course and have become more driven by special interests. Today, antitrust and IP are on very different roads to reform. Antitrust reform began in the late 1970s with a series of Supreme Court decisions that linked the plaintiff’s harm and right to obtain a remedy to the competition - furthering goals of antitrust policy. Today, patent law has begun its own reform journey, but it is in a much earlier …
A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont
A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont
Jason John Du Mont
No abstract provided.
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
Articles in Law Reviews & Other Academic Journals
In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …
Trade Secrets And Roman Law: The Myth Exploded, Alan Watson
Trade Secrets And Roman Law: The Myth Exploded, Alan Watson
Scholarly Works
In 1929 A. Arthur Schiller published a celebrated article, Trade Secrets and the Roman Law; the Actio Servi Corrupti. His main conclusions are that the Roman owner of a mark or firm name was legally protected against unfair usage by a competitor through the actio servi corrupti, “action for making a slave worse,” which the Roman jurists used to grant commercial relief under the guise of private law actions. “If, as the writer believes [writes Schiller], various private causes of action were available in satisfying commercial needs, the state was acting in exactly the same fashion as it …