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Full-Text Articles in Law
Sometime Less Is More: Utility, Preemption, And Hermeneutical Criticisms Of Proposed Federal Regulation Of Mortgage Brokers, Lloyd Thomas Wilson Jr.
Sometime Less Is More: Utility, Preemption, And Hermeneutical Criticisms Of Proposed Federal Regulation Of Mortgage Brokers, Lloyd Thomas Wilson Jr.
South Carolina Law Review
No abstract provided.
Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp
Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp
Marquette Intellectual Property Law Review
Although the European intellectual property law concept of the doctrine of exhaustion appears superficially straightforward, uncertainty as to its doctrinal foundations remains. The author explores the status of the doctrine, its interpretation and scope within European Community law, and the pertinent issues regarding the doctrine in relation to both domestic and cross-border issues. The complex structure of the doctrine of exhaustion has made it difficult to formulate more refined rules governing licensing provisions restricting the free circulation of goods. The result of this analysis indicates conflict between the freedom to provide goods and services under European Community law and classifying …
Should A Licensing Market Require Licensing?, Mark A. Lemley
Should A Licensing Market Require Licensing?, Mark A. Lemley
Law and Contemporary Problems
Many circumstances fair use should separate the idea that the copyright owner should be compensated for a use from the idea that the copyright owner should be able to control that use. The licensing-market cases provide a perfect vehicle for dividing rights but if a use is considered unfair because the copyright owner could have gotten paid to permit that use, the argument may or may not justify compensating the copyright owner for the loss, but it does not justify giving the copyright owner control over the defendant's use. Here, Lemley explains the development of the licensing-market rationale, critiques of …
Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk
Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
American University Law Review
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz
Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins
Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins
Northwestern Journal of Technology and Intellectual Property
Trouble is brewing for patent infringement defendants who use lawyers from one law firm to act as trial counsel and other lawyers from the same or different firm (albeit perfectly screened off from the trial team) to prepare a non-infringement opinion as an advice of counsel defense to allegations of willful infringement. The 2006 Federal Circuit decision in EchoStar has set off a veritable feeding frenzy of attacks by patentees' counsel on the most sacred of attorney client communications and work product: that of trial counsel. In a case of first impression, one federal court has even granted a motion …
National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo
National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour
Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford
Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Overcoming The Achilles Heel Of Copyright Law, Haochen Sun
Overcoming The Achilles Heel Of Copyright Law, Haochen Sun
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy
The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Keynote Speech, James E. Malackowski
Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Keynote Speech, James E. Malackowski
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh
Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh
Northwestern Journal of Technology and Intellectual Property
This article argues that the global intellectual property rights regime will affect the economic growth prospects of developing countries. The trade-related aspects of intellectual property rights (TRIPS) provisions under the WTO articles will eventually cover all of its member countries, currently at around 150 and representing 95% of world trade. It is a significant change in the global legal system with implications for economic growth. One of the key mechanisms generating convergence in global economic growth rates is the transfer of technology from developed to developing countries. According to the neoclassical models of growth, technology is embodied within the capital …
What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng
What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Technological Drivers Of Bric Economies: Public Versus Private Sector Control, Vipin Gupta, David M. Orozco, Linda Yueh
Technological Drivers Of Bric Economies: Public Versus Private Sector Control, Vipin Gupta, David M. Orozco, Linda Yueh
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera
Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Duty To Disclose Patent Rights, Richard M. Lebovitz
The Duty To Disclose Patent Rights, Richard M. Lebovitz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian
Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia Sanchez Abril
A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia Sanchez Abril
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart
Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D.
Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D.
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Should Fashion Design Be Copyrightable?, Brandon Scruggs
Should Fashion Design Be Copyrightable?, Brandon Scruggs
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck
Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Will India And China Profit From Technological Innovation?, David Orozco
Will India And China Profit From Technological Innovation?, David Orozco
Northwestern Journal of Technology and Intellectual Property
No abstract provided.