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Articles 1 - 10 of 10
Full-Text Articles in Intellectual Property Law
Construction Law: The English Route To Modern Construction Law, Vivian Ramsey
Construction Law: The English Route To Modern Construction Law, Vivian Ramsey
Arkansas Law Review
In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has …
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit
Journal of Food Law & Policy
Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode …
The Arkansas Code And Georgia V. Public.Resource.Org, Daniel Bell
The Arkansas Code And Georgia V. Public.Resource.Org, Daniel Bell
Arkansas Law Notes
The United States Supreme Court decided Georgia v. Public.Resource.Org, Inc. (“PRO”) in late April, 2020, a case with major implications for those who rely on the Arkansas statutes. The case addressed whether extra materials Georgia includes in its official statutes, the annotations, can be copyrighted, or if they are in the public domain and can be freely distributed without permission. The case pitted two important competing interests against each other: the ability of citizens to freely access the official versions of laws of their state, versus the interests of a third-party publisher in being compensated for its work. Arkansas produces …
Misappropriation And Patenting Of Traditional Ethnobotanical Knowledge And Genetic Resources, Maxim V. Gubarev
Misappropriation And Patenting Of Traditional Ethnobotanical Knowledge And Genetic Resources, Maxim V. Gubarev
Journal of Food Law & Policy
Four-fifths of all pharmaceuticals have been developed from natural plant resources, and native plant resources similarly play a significant role in the development of new and improved crops.
Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe
Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe
Journal of Food Law & Policy
The marketing of goods under geographical names has always been common. In addition to introducing commercial facets of wine distribution agreements, this article discusses the justifications, principles and, policies that lie behind the protection of geographical indications (GIs) for wine on an international level as well as in the Old World and, to a lesser degree, in the New World. The scope and shape of the GI system will then be scrutinized in light of its own justifications and in the light of its impact on international trade, intellectual property, and agricultural policy.
Equalizing The Playing Field: The Time Has Come For Secondary Meaning In The Making In Small Restaurant Trade Dress Infringement Cases, John Pesek
Journal of Food Law & Policy
Imagine it is opening day for your first restaurant. It has taken months, if not years, to get to this point and you have spent a lot of money in developing the menu, artist style, and feel for the restaurant. A few months after the opening of your restaurant, a competing restaurant, right down the block from your restaurant, opens its doors; its menu and overall look are virtually indistinguishable from your restaurant. You are left wondering what remedies, if any, you have as a small restaurant owner. This was the case for Chef Rebecca Charles and her Pearl Oyster …
Compulsory Licensing Of Climate Engineering Patents: How Embracing Technology- And Research-Sharing Strategies Brings Us One Step Closer To Solving Climate Change, Buzz Hardin
Arkansas Law Review
The impact of climate change spans the globe and includes increasingly severe and dangerous climate events, including coastal flooding, extreme heat and wildfires, reduced crop yield, and decreased food security. In the United States, if the proper steps toward mitigating or reversing the effects of climate change are not taken, it is very likely that the United States will experience substantial damage to its economy, the health of its citizens, and the environment. In response to the challenges presented by climate change, the number of inventions in the field of climate engineering, or “geoengineering,” has skyrocketed over the past several …
An Af(Fur)Mative Defense: Using Intellecutal Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr
An Af(Fur)Mative Defense: Using Intellecutal Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr
Arkansas Law Review
"Until a character becomes a personality, it cannot be believed. Without personality, the character may do funny or interesting things, but unless people are able to identify themselves with the character, its actions seem unreal. And without personality, a story cannot ring true to the audience." Walt Disney1 Mascots 2 are different animals. They bring some of our favorite characters from screens, packages, and comic book pages to life. Moreover, mascots serve a particularly important role on university campuses, offering a point of communal continuity3 amid inevitable organizational changes. Although university buildings, athletes, faculty, and staff will eventually change, a …
Brandright, Jessica M. Kiser
Brandright, Jessica M. Kiser
Arkansas Law Review
Trademark law is guilty of overprotection. This overprotection pits both a company’s in-house attorneys against its own marketing professionals and the company itself against its most loyal customers. The result appears illogical, at best, to consumers witnessing the effects of this clash between a company’s marketing needs and perceived legal requirements.
From Temporary Incentive To Perpetual Entitlement: Historical Perspective On The Evolving Nature Of Copyright In America, Evan Boyd Billingsley
From Temporary Incentive To Perpetual Entitlement: Historical Perspective On The Evolving Nature Of Copyright In America, Evan Boyd Billingsley
Graduate Theses and Dissertations
The original purpose of copyright legislation was to grant a temporary economic monopoly to an author of a creative work. This monopoly is meant to incentivize authors to contribute to the public good with works that promote progress in science and art. However, increases in the scope and duration of copyright terms grant overly broad protections and controls for copyright owners, while advances in technology have provided the public with the potential for near-limitless access to information. This creates a conflict between proprietary interest in creative works versus the public's right and ability to access same. Efforts to balance these …