Intellectual Property Law Commons^™

The Transaction Cost Benefits Of Electronic Patent Licensing Platforms: A Discussion At The Example Of The Patentbooks Model, Roya Ghafele, Benjamin Gibert

Roya Ghafele

Current mechanisms to compensate inventors and improve legal access to their inventions remain ineffective. Manufacturers encounter significant transaction costs in the process of licensing the multitude of patent rights implicated in their products. High-technology product manufacturing requires access to a diverse pool of technologies that are owned by different organizations all over the world. The transaction costs of licensing these disparate rights are inhibiting unlicensed manufacturers in emerging economies from entering important markets and simultaneously limiting the revenue patent owners can generate from non-exclusive licenses. As communications technologies improve, innovative licensing mechanisms are emerging that can help firms avoid many …

‘Breakfast At Tiffany’S’: Ebay Inc, Trade Mark Law And Counterfeiting, Matthew Rimmer

Matthew Rimmer

In an exploration of intellectual property and fashion, this article examines the question of the intermediary liability of online auction-houses for counterfeiting. In the United States, the illustrious jewellery store, Tiffany & Co, brought a legal action against eBay Inc, alleging direct trademark infringement, contributory trademark infringement, false advertising, unfair competition and trademark dilution. The luxury store depicted the online auction-house as a pirate bazaar, a flea-market and a haven for counterfeiting. During epic litigation, eBay Inc successfully defended itself against these allegations in a United States District Court and the United States Court of Appeals for the Second Circuit. …

Social Media And Legal Ethics, Jonathan I. Ezor

Jonathan I. Ezor

A presentation on the legal issues arising out of attorney use of social media services, including for electronic discovery

A Proposal For A Clean Technology Directive: European Patent Law And Climate Change, Matthew Rimmer

Matthew Rimmer

This article charts the conflicted, dissonant policies of the European Union towards intellectual property and climate change. It contends that there is a mismatch between the empirical work of the European Patent Office and the quietist policy options contemplated by the European Union. This article contends that the European Union needs to develop a Clean Technology Directive to allow for a differentiated approach to patent law and clean technologies – especially given the past complicity of the European Union in global warming and climate change. It highlights essential elements in a comprehensive policy package for the reform of patent law …

Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García

Bruno L. Costantini García

Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.

Agency Cost Problems In Executive Compensation: An Evaluation Of Dividend Equivalent Rights On Restricted Stocks, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

Some authors argue that the integration of stock options as well as restricted stocks into executive compensation may reduce the conflicts between shareholders and management but may at the same time give rise to other agency problems connected to debt. While this line of argument may hold some merit, the structure of executive compensation packages, has over the years, focused less on stock options and more on restricted stocks. A classic example of this trend is Microsoft, who in 2003, switched from using stock options to restricted stock.

Compensating executives through restricted stocks has recently come under scrutiny due to …

U.S. Federal Circuit Upholds U.S. International Trade Commission's Authority To Ban Importation Of Products Containing Trade Secrets Misappropriated By A Chinese Company In China, Matthew P. Allen

Matthew P. Allen

No abstract provided.

La Presunción De Inocencia Como Proposición Sintética, Cesar A. Prieto

Cesar A. Prieto

No abstract provided.

U.S. Supreme Court Reaffirms Importance Of Well-Crafted Agreements To Clarify Title To Patented Inventions Among Businesses, Universities, Researchers, And The Government, Matthew P. Allen

Matthew P. Allen

No abstract provided.

Copyright Basics, B. Douglas Robbins

B. Douglas Robbins

In this paper we discuss the fundamentals of copyright law: what sort of works are protected by copyright, what sort of works are not protected, how copyright protection operates, the term of copyright protection, and what the consequences are for copyright infringement.

Primitive Accumulation And Enclosure Of The Commons: Genetically Engineered Seeds And Canadian Jurisprudence, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper juxtaposes the legal decisions made in the case of Percy Schmeiser, who was sued by Monsanto for patent infringement, against the attempt by the Organic Agriculture Protection Fund to obtain class certification in its efforts to sue Monsanto and Bayer for genetic contamination of organic canola. Together these two cases establish an unacceptable incongruity at common law between the rights enjoyed by intellectual property owners and any corresponding duties that might attach to their inventions. I suggest that Marx’s concept of primitive accumulation offers a suitable theoretical register for apprehending contemporary erosions of the commons through the enclosure …

Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca

Ryan G. Vacca

When Congress created the Federal Circuit in 1982, it thought it was creating a court of appeals. Little did it know that it was also creating a quasi-administrative agency that would engage in substantive rulemaking and set policy in a manner substantially similar to administrative agencies. In this Article, I examine the Federal Circuit's practices when it orders a case to be heard en banc and illustrate how these practices cause the Federal Circuit to look very much like an administrative agency engaging in substantive rulemaking. The number and breadth of questions the Federal Circuit agrees to hear en banc …

Trademarks As Fictitious Commodities: An Erosion Of The Public Interest? An Assessment Of The Use Of Trademarks Over Urban Space At The Example Of London’S Regent Street And Paris’ Champs-Elysées, Roya Ghafele, Samantha Vanderslott

Roya Ghafele

With reference to Karl Polyani’s notion of fictitious commodities we evaluate whether the protection of two worldwide known streets, namely ‘Regent Street’ in London and the ‘Champs- Elysées’ in Paris may be perceived as an erosion of the public interest and thus call for potential policy reformulation or reforms to substantive trademark law. The reasons for this choice are twofold: Firstly, the existing body of literature offers an in-depth discussion on the complex dynamics between the public interest and patents and copyrights, yet relatively little has been said so far on the correlation of the public interest and trademarks. Secondly, …

Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García

Bruno L. Costantini García

Presentación de las Generalidades de la Propiedad Intelectual en México (Propiedad Industrial y Derechos de Autor), legislación que la rige, aplicación y modalidades

A Critique Of Mark Lemley’S “The Myth Of The Sole Inventor”, John Howells, Ron D. Katznelson

Ron D. Katznelson

In a forthcoming article in the Michigan Law Review, Professor Mark Lemley advances a thesis that “the canonical story of the lone genius inventor is largely a myth” and describes a selection of pioneer inventions to support his thesis. We show that Lemley has many of his facts wrong. We examine his assertions and set the record straight in the pioneer invention cases of Edison, the Wright brothers, the Selden automobile patent vis a vis Ford, Watt and the steam engine and Fleming and penicillin. We are concerned with the errors in alleged historical and legal facts in what Lemley …

The Role Of The Patent System In Stimulating Innovation And Technology Transfer For Climate Change (Including Aspects Of Licensing And Competition Law), Hee-Eun Kim

Hee-Eun Kim

The world is increasingly facing the adverse impact of climate change. In this context, what is the role of intellectual property (IP) for stimulating the innovation and technology transfer that are considered essential to resolving this global issue? Taking the existence of the IP system as a foundation, this paper aims to provide a comprehensive review of pragmatic IP-based options in the multilateral climate change regime. The paper does so principally by addressing the possibilities afforded by three components of the patent system: patent law, patent policy and patent information. Complementing these public options are technology transfer initiatives by IP …

La Competencia Territorial Para La Ejecución De Pagarés De Consumo En La Capital Federal., Gabriel Martinez Medrano

Gabriel Martinez Medrano

Comentario al Plenario de la Cámara Nacional en lo Comercial que sienta la siguiente doctrina: “En las ejecuciones de títulos cambiarios dirigidas contra deudores residentes fuera de la jurisdicción del tribunal: 1. Cabe inferir de la sola calidad de las partes que subyace una relación de consumo en los términos previstos en la ley N° 24.240 de Defensa del Consumidor, prescindiendo de la naturaleza cambiaria del título en ejecución. 2. Corresponde declarar de oficio la incompetencia territorial del tribunal con fundamento en lo dispuesto en el art. 36 de la Ley de Defensa del Consumidor”.

Negotiating The India-Pakistan Conflict In Relation To Kashmir., Varun Vaish

Varun Vaish

Any academic discussion centered on a particular conflict is incomplete without first attempting to garner a better understanding of the genesis and subsequent alteration of the underlying factors that contribute to a dispute through an integrative approach. Such an approach has been termed as “Transformation Studies,” wherein an attempt is made to first study the experiences which lead to grievances and ultimately to disputes. In this approach the emergence and transformation of a dispute is analogous to studying a social process as it occurs.Only when a particular experience is perceived to be injurious, does one feel the need to attribute …

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …

A Submission To The Senate Legal And Constitutional Committee On The Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), Matthew Rimmer

Matthew Rimmer

As an intellectual property expert, I am of the view that the much threatened litigation by the Tobacco Industry against the proposed plain packaging for tobacco products is somewhat vexatious.Both the Tobacco Plain Packaging Bill 2011 (Cth) and the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth) are clearly within the Commonwealth's legislative power and capacity; and represent an effective means of implementing some of Australia's obligations under the WHO Framework Convention on Tobacco Control.At the outset, it is worth recalling that internal documents from British American Tobacco emphasized that 'current conventions & treaties afford little protection' for tobacco …

La Jurisprudencia En México, Bruno L. Costantini García

Bruno L. Costantini García

Breve presentación de la jurisprudencia en México, su aplicación, objetivos y fines para el Derecho Mexicano. ¿Por qué es util para el derecho? ¿Quién la emite?

Notariado Y Correduria Y Su Registro En México, Bruno L. Costantini García

Bruno L. Costantini García

Introducción al Derecho Notarial y Registral en México, cuyo objeto es conocer los elementos de las figuras del notario y del corredor público, la formalización de sus actos y su registro.

Copyright In Its Global Contextcanada's Approach To Bill C-32: India’S Lesson In 'What Not To Do'., Varun Vaish

Varun Vaish

Every once in a while, one has the luxury to benefit from the experience of another. When those experiences originate from a comparable state of affairs, one would be unwise not to learn from them. Such an opportunity presents itself before India as both Copyright Modernization Act, 2010 of Canada and the Copyright (Amendment) Bill, 2010 of India are tabled before their respective legislative houses. Through this note the author seeks to reflect upon Canada’s Bill C-32 vis-à-vis the other proposed or prevailing copyright laws of countries, in order to expediently inform the Indian position on Copyright law. The author …

Assessment Of Organic And Inorganic Phosphorus In Soils Derived From Cretaceous Sediments And Basement Complex Soils Of Guinea Savannah Of Kogi State, North Central Nigeria, Sunday I. Amhakhian, H H. Isitekhale, Charles I. Oyewole

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

A pot experiment was carried out using 20 surface soils (0-15cm depth) in 2008 to assess soil organic phosphorus and some fraction of inorganic phosphorus in other to know their availability in the soils of the studied area and also work have not been done in this areas in respect to organic and in-organic phosphorus. The experiment was conducted using 20 soils 10 from each geological formation (Cretaceous sediments and Basement complex soils), respectively. The mean organic phosphorus of 63.51 mgkg 1 soil was obtained for Cretaceous sediment soils and 158.54 mgkg 1 soil for the basement complex soils respectively. …

Development Of Functional Indices Of Facility Occurrence Towards The Distribution Of Social Services In Lagos Island Nigeria., Augustus O. Atubi

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Proper coordination of transport and public facilities provision is vital to any balanced regional development strategy. The central aim of this study, therefore, is to find out what the relationship is between access to the transport network and the provision of functional indices of facility occurrence towards the distribution of social services in Lagos Island, Nigeria. In particular it seeks to find out areas that have below or above average level of facility occurrences relative to the level of accessibility. However, a pair wise correlation matrix of the eleven (11) variables employed in the index construction was carried out. The …

Hacia La Construcción De Políticas Públicas Globales: Retos Para El Estado Nación De Cara A La Globalización, Mario A. Pinzón Mapc

Mario A Pinzón Camargo

Este artículo analiza los efectos en la idea de Estado nación bajo la lógica de la globalización. Examina los retos para el Estado en la construcción de políticas públicas globales, la definición de una nueva agenda global y un nuevo sistema institucional desarrollado bajo la lógica de la gobernanza global.

Urban Climate And Challenges Of Tropical Cities, B E. Omogbai

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

This study examines the nature of urban climate, features and the challenges on the developing tropical cities in the 21st century. It argues that the use of principles of urban climate would help in providing comfortable living conditions and problem immune working environments for the inhabitants of tropical cities. The findings reveal that owing to poor environmental planning, inadequate geotechnical landscape surveys prior to the development of urban infrastructures, and non-adherence to the principles of urban climate, challenges of landscape degradation, excessive flooding of the built infrastructures, heat-island effects, and collapse of buildings have emerged. Suggested measures to avert these …

Rudolf Callmann And The Misappropriation Doctrine In The Common Law Of Unfair Competition, Christopher Wadlow

Christopher Wadlow

Rudolf Callmann (1892-1976) is a central figure for unfair competition lawyers in both the German civil law and the Anglo-American common law traditions. When he emigrated from Germany to America in the 1930s he was already the author of substantial works on trade marks, unfair competition, and cartel law. In the United States he composed the monumental Callmann on Unfair Competition, Trademarks and Monopolies. This article examines his invocation of the 1918 decision of the Supreme Court in International News Service v Associated Press as the basis for a reformulated common law of unfair competition, eschewing a purely tortious conception …

Detecting Changes In Landuse/Cover Of Umuahia, South-Eastern Nigeria Using Remote Sensing And Gis Techniques, Fanan Ujoh, Olarewaju Oluseyi Ifatimehin, Adams Ndalai Baba

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Since 1991 when it became the capital city of Abia State, Umuahia has undergone tremendous transformation in its land use and land cover due to rapid urbanization. The main materials employed for this study are a land use map (1991) and Landsat ETM+satellite image (2007) of the study area. These, combined with field survey/checks, were brought into a GIS environment using ILWIS 3.2 Academic image classification software to map the land use/land cover and to estimate the rate of urban expansion and loss of rural land at the peri-urban fringes of Umuahia between 1991 and 2007. The study revealed significant …

Gender Participation In The Management Of Tricycle Transport For Youth Empowerment And Sustainable Development In Kano State, Nigeria, Nuratu Muhammed

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

The research examined gender participation in the management of tricycle for youth empowerment and sustainable development in Kano state, Nigeria. Stratified random sampling technique was used to select samples of drivers(150), passengers (150) and owners/managers the female tricycle owners fell under this category and they numbered(65).All together a total of 365 samples were selected for the study. Data obtained from the primary data was analyzed using simple statistical techniques and chi square test to ascertain whether there was any significant differences in some of the variables tested. The results of the analysis revealed that the main difference was found in …