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Are They Pirates Or Pioneers?, Ashley Song 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Has The Academy Led Patent Law Astray?, Jonathan M. Barnett 2017 University of Southern California

Has The Academy Led Patent Law Astray?, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly commentary widely asserts that technology markets suffer from a triplet of adverse effects arising from the strong patent regime associated with the establishment of the Court of Appeals for the Federal Circuit in 1982: “patent thickets” that burden innovation with transaction and litigation costs; “patent holdup” resulting in excessive payouts to opportunistic patent holders; and “royalty stacking” resulting in exorbitant patent licensing fees. Together these effects purportedly depress innovation and inflate prices for end-users. These repeated assertions are inconsistent with the continuing robust output, declining prices and rapid innovation observed in the most patent-intensive technology markets during the more ...


Reforming And Specifying Ipr Policies Of Standard-Setting Organizations: Towards Fair And Efficient Patent Licensing And Dispute Resolution, Richard Li, Richard Li-dar Wang 2016 National Chengchi University, Taiwan

Reforming And Specifying Ipr Policies Of Standard-Setting Organizations: Towards Fair And Efficient Patent Licensing And Dispute Resolution, Richard Li, Richard Li-Dar Wang

Richard Li-dar Wang

Standard-setting organizations (SSOs) rely on commitments to license on fair, reasonable, and non-discriminatory (FRAND) terms from standard-essential patent (SEP) holders to ensure access to standards and prevent potential anti-competitive conducts that unreasonably enforce SEPs against standard implementers. A substantial number of SEP disputes, however, have been raised unceasingly in recent years. In this research, a statistical analysis of the SEP litigation cases in the United States from 2000 to 2014 shows that the SEP disputes are closely related to the FRAND licensing terms that are required in the intellectual property rights (IPR) policies of the SSOs in the information and ...


Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson 2016 University of Georgia School of Law

Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr. 2016 University of Georgia School of Law

Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


China’S Withdrawal Of Article 96 Of The Cisg: A Roadmap For The United States And China To Reconsider Withdrawing The Article 95 Reservation, Pan Zhen 2016 University of Miami Law School

China’S Withdrawal Of Article 96 Of The Cisg: A Roadmap For The United States And China To Reconsider Withdrawing The Article 95 Reservation, Pan Zhen

University of Miami Business Law Review

The United Nations Convention on Contracts for the International Sale of Goods (CISG) was created for the purpose of providing legal neutrality and certainty, and also for the purpose of avoiding choice of law issues in international sales of goods. However, the United States and China, the two largest trading nations in the world, made the Article 95 reservation at the time they ratified the CISG, therefore restricting CISG’s applicability in certain situations. In 2013, China withdrew its Article 96 reservation, which declares its non-recognition of free form of contract formation, taking one step closer to the vast majority ...


State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester 2016 University of Michigan Law School

State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester

Michigan Law Review

The state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy. In its 1943 Parker decision, the Supreme Court justified this doctrine, observing that no evidence of a congressional will to preempt state law appears in the Sherman Act’s legislative history or context. In addition, commentators generally assume that the New Deal court was anxious to avoid re-entangling the federal judiciary in Lochner-style substantive due process analysis. The Supreme Court has observed, without deciding, that the Federal Trade Commission ...


The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow 2016 University of Georgia School of Law

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be ...


The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff 2016 Fordham University School of Law

The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis 2016 Indiana University Maurer School of Law

Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis

Indiana Journal of Constitutional Design

Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador ...


Impacto De Las Prácticas Comerciales Desleales Entre Empresas En La Cadena De Suministro Alimentario En La Unión Europea, Luis González Vaqué 2016 Asociación Iberoamericana para el Dereho Alimentario

Impacto De Las Prácticas Comerciales Desleales Entre Empresas En La Cadena De Suministro Alimentario En La Unión Europea, Luis González Vaqué

Luis González Vaqué

Como se señala en la “Introducción” de la Comunicación de la Comisión de 2014, la cadena de suministro alimentario garantiza la transmisión de productos alimenticios y bebidas al público en general para consumo personal o familiar: «afecta a todos los consumidores de la UE de manera cotidianay representa una parte significativa del presupuesto medio de los hogares». En el documento en cuestión se explica el motivo por el cual la estructura de mercado de la cadena de suministro alimentario hace que esta sea especialmente vulnerable a las prácticas comerciales desleales, y, en este sentido, la Comisión describió el perjuicio ...


The Raising Rivals’ Cost Foreclosure Paradigm, Conditional Pricing Practices And The Flawed Incremental Price-Cost Test, Steven C. Salop 2016 Georgetown University Law Center

The Raising Rivals’ Cost Foreclosure Paradigm, Conditional Pricing Practices And The Flawed Incremental Price-Cost Test, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

There are two overarching legal paradigms for analyzing exclusionary conduct in antitrust – predatory pricing and the raising rivals’ costs characterization of foreclosure. Sometimes the choice of paradigm is obvious. Other times, it may depend on the structure of the plaintiff’s allegations. Some types of conduct, notably conditional pricing practices (CPPs), might appear by analogy to fit into both paradigms. CPPs involve pricing that is conditioned on exclusivity or some other type of favoritism in a customer’s purchases or input supplier’s sales. The predatory pricing paradigm would attack the low prices of CPPs. By contrast, the RRC foreclosure ...


Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo 2016 University of Pennsylvania Law School

Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo

Faculty Scholarship

Open source and modular platforms represent two powerful conceptual paradigms that have fundamentally transformed the software industry. While generally regarded complementary, the freedom inherent in open source rests in uneasy tension with the strict structural requirements required by modularity theory. In particular, third party providers can produce noncompliant components, and excessive experimentation can fragment the platform in ways that reduce its economic benefits for end users and app providers and force app providers to spend resources customizing their code for each variant. The classic solutions to these problems are to rely on some form of testing to ensure that the ...


Antitrust, Competition Policy, And Inequality, Jonathan B. Baker, Steven C. Salop 2016 American University Washington College of Law

Antitrust, Competition Policy, And Inequality, Jonathan B. Baker, Steven C. Salop

Jonathan B. Baker

Economic inequality recently has entered the political discourse in a highly visible way. This political impact is not a surprise. As the U.S. economy has begun to recover from the Great Recession since mid-2009, economic growth has effectively been appropriated by those already well off, leaving the median household less well off. The serious economic, political and moral issues raised by inequality can be addressed through a panoply of public policies including competition policy, the focus of this article. The article describes the channels through which market power contributes to inequality, and sets forth a range of possible antitrust ...


Economics And Politics: Perspectives On The Goals And Future Of Antitrust, Jonathan B. Baker 2016 American University Washington College of Law

Economics And Politics: Perspectives On The Goals And Future Of Antitrust, Jonathan B. Baker

Jonathan B. Baker

This Article examines the roles of economics and politics in U.S. antitrust from several perspectives. It explains why the modern debate over the economic welfare standard that enforcers and courts should pursue is unsatisfying. It connects economics with politics by describing antitrust’s economic goals as the product of a mid-twentieth century political understanding about the nature of economic regulation that continues to be accepted. To protect that understanding, it explains, antitrust rules should now be implemented using a qualified consumer welfare standard. It identifies contemporary political tensions that threaten to create regulatory gridlock or even to undermine that ...


Antitrust, Competition Policy, And Inequality, Jonathan Baker, Steven Salop 2016 American University Washington College of Law

Antitrust, Competition Policy, And Inequality, Jonathan Baker, Steven Salop

Jonathan B. Baker

Economic inequality recently has entered the political discourse in a highly visible way. This political impact is not a surprise. As the U.S. economy has begun to recover from the Great Recession since mid-2009, economic growth has effectively been appropriated by those already well off, leaving the median household less well off. The serious economic, political and moral issues raised by inequality can be addressed through a panoply of public policies including competition policy, the focus of this article. The article describes the channels through which market power contributes to inequality, and sets forth a range of possible antitrust ...


Product Hopping: A New Framework, Michael A. Carrier, Steve D. Shadowen 2016 Rutgers Law School

Product Hopping: A New Framework, Michael A. Carrier, Steve D. Shadowen

Notre Dame Law Review

One of the most misunderstood and anticompetitive business behaviors in today’s economy is “product hopping,” which occurs when a brand-name pharmaceutical company switches from one version of a drug to another. These switches, benign in appearance but not necessarily in effect, can significantly decrease consumer welfare, impairing competition from generic drugs to an extent that greatly exceeds any gains from the “improved” branded product.

The antitrust analysis of product hopping is nuanced. It implicates the intersection of antitrust law, patent law, the Hatch-Waxman Act, and state drug product selection laws. In fact, the behavior is even more complex because ...


The Ieee Controversial Policy On Standard Essential Patents – The Empirical Record Since Adoption, 2016 Selected Works

The Ieee Controversial Policy On Standard Essential Patents – The Empirical Record Since Adoption

Ron D. Katznelson

No abstract provided.


Resolving The Conflicts Between Standard Essential Patents (Seps) And Technological Standardisation: A Role For Compulsory Licensing, Tyrone Berger 2016 Monash University

Resolving The Conflicts Between Standard Essential Patents (Seps) And Technological Standardisation: A Role For Compulsory Licensing, Tyrone Berger

Tyrone Berger

Technology standards play a significant role in the modern economy.The practice of standardisation promotes both technology diffusion and innovation across a range of industries, and has crucial implications for national economies.The development of standards, however, can have anti-competitive effects as well as communicate pro-competitive signals. This thesis investigates some key problems surrounding Standard Essential Patents (SEPs) and technological standardisation. It surveys three conflicts, namely ‘patent hold-up’, ‘royalty stacking’, and ‘patent ambush’, in light of potential anticompetitive conduct by industry participants in the development of a technical standard. In Australia, there is still no clear approach in this crucial ...


A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin 2016 University of Georgia School of Law

A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin

Journal of Intellectual Property Law

No abstract provided.


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