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Pepperdine University

2014

Intellectual property

Articles 1 - 3 of 3

Full-Text Articles in Law

The End Of The Imitation Age?: The Effect Of Apple Inc. V. Samsung, Melissa Barcena Jan 2014

The End Of The Imitation Age?: The Effect Of Apple Inc. V. Samsung, Melissa Barcena

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor Jan 2014

Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor

The Journal of Business, Entrepreneurship & the Law

The European Union (“EU”) is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the EU and the intellectual property law of the member states. The European Court of Justice (“ECJ” or “the Court”) has been faced with dozens of complex cases arising out of conflicts between the national law of the member states and the Articles of the Treaty on the Functioning of the European …


Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema Jan 2014

Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema

The Journal of Business, Entrepreneurship & the Law

This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an ante, i.e., before the standard is actually set, to license whatever patent rights they may ultimately have in the standard on terms that are reasonable …