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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 ...


Everyone Wants To Get Tough On Antitrust Policy, But Not Really, Chris Sagers 2016 Cleveland State University

Everyone Wants To Get Tough On Antitrust Policy, But Not Really, Chris Sagers

Chris Sagers

No abstract provided.


Exploitative Abuses Of Intellectual Property Rights, Harry First 2016 NYU School of Law

Exploitative Abuses Of Intellectual Property Rights, Harry First

New York University Law and Economics Working Papers

It is the standard view in the United States that U.S. antitrust law does not reach acts of exploitation by a monopolist, particularly monopoly pricing (“rent extraction”). Even more so for intellectual property, where U.S. courts have emphasized the right of an intellectual property right holder to raise prices and exploit its rights to the fullest, constrained only by market demand. Competition law in the rest of the world appears to be otherwise, however, with many countries generally condemning excessive high prices by dominant firms, even if often reluctant to invoke such provisions in practice.

Despite apparent differences ...


Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole 2016 McClain, Mellen, Bowling & Hickman

Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foreign Commerce And The Antitrust Laws. By Wilbur L. Fugate. Boston: Little, Brown & Co., 2d Ed. 1973. Pp Xxv, 491. $35.00., Paul P. Harbrecht 2016 University of Georgia School of Law

Book Review: Foreign Commerce And The Antitrust Laws. By Wilbur L. Fugate. Boston: Little, Brown & Co., 2d Ed. 1973. Pp Xxv, 491. $35.00., Paul P. Harbrecht

Georgia Journal of International & Comparative Law

No abstract provided.


Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath 2016 Pepperdine University

Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath

The Journal of Business, Entrepreneurship & the Law

In this paper, I attempt to give an overview of the statutory trade secret protections available in the United States, Canada, and Mexico, and suggest a solution to the problem of inadequate and confusing trade secret legislation: an international agreement between the NAFTA signatories criminalizing the theft of trade secrets.


First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan 2016 Baker Botts LLP

First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan

Journal of Intellectual Property Law

No abstract provided.


Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon 2016 Southern University Law Center

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.


The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo 2016 University of Georgia School of Law

The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo

Georgia Journal of International & Comparative Law

No abstract provided.


Comment: Blocked Assets And Private Claims: The Initial Barriers To Trade Negotiations Between The United States And China, John J. Fitzpatrick Jr., Toby B. Prodgers 2016 University of Georgia School of Law

Comment: Blocked Assets And Private Claims: The Initial Barriers To Trade Negotiations Between The United States And China, John J. Fitzpatrick Jr., Toby B. Prodgers

Georgia Journal of International & Comparative Law

No abstract provided.


Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory, Joanna M. Shepherd 2016 Emory University School of Law

Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory, Joanna M. Shepherd

Minnesota Journal of Law, Science & Technology

No abstract provided.


From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon 2016 Notre Dame Law School

From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon

Journal of Legislation

People tend to attribute the outbreak of the 2008 financial crisis to deregulation. This article challenges this view and presents a unique perspective of the crisis as in fact rooted in the way the residential mortgage market is regulated. Focusing on non-recourse mortgage legislation, which is a unique feature of the US mortgage market dating back to the period following the Great Depression, the article analyzes the contribution of this legislation to the onset of the Great Recession. The discussion shows how regulation that was enacted in response to a major economic crisis not only failed to prevent a large-scale ...


Pre-Imagining The Copyright Board, Ariel Katz 2016 Faculty of Law, University of Toronto

Pre-Imagining The Copyright Board, Ariel Katz

Ariel Katz

On May 25, 2016, ALAI Canada organized a conference titled "The Copyright Board of Canada: Which Way Ahead?" In this presentation, I described how the Copyright Board seems to lack a clear understanding of its mandate and a supporting theory of regulation. Since different regulatory goals require or justify different regulatory means and institutions, articulated a clear mandate should be a first step for evaluating the Board's function and for considering potential reforms.


The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan 2016 Founding Partner, Migliaccio & Rathod LLP, Washington D.C.

The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan

University of New Hampshire Law Review

The United States and Europe have traditionally taken very different approaches to the regulation of harmful conduct. Previously, European nations relied almost entirely on the public enforcement of laws, whereas the United States relied on a mix of public and private actors. In the United States, private rights of action have played a central role deterring illegal conduct—and, in fact, provided greater deterrence than public enforcers in some areas of law. They have also allowed injured parties to obtain compensation. Despite their very different histories, the private enforcement systems in the United States and Europe are showing signs of ...


Ill-Fated Strategy In Staples-Office Depot Deal, Chris Sagers 2016 Cleveland State University

Ill-Fated Strategy In Staples-Office Depot Deal, Chris Sagers

Law Faculty Articles and Essays

No abstract provided.


Economías Colaborativas Regulación Y Competencia, Camilo Ossa 2016 camilo.ossa@uexternado.edu.co

Economías Colaborativas Regulación Y Competencia, Camilo Ossa

Camilo Ossa

¿Puede la tecnología transformar drásticamente los mercados?La respuesta parece obvia, sin embargo, el problema no basta solo con señalarlo, sino, hay que decirlo, hoy día lo estamos viviendo y, considero yo, padeciendo, tal vez por la forma como tradicionalmente vemos, en este caso, los mercados, la competencia y la regulación.El artículo adelanta una investigación centrada en intentar entender de donde surgen estas nuevas formas de asociación en la producción, distribución, prestación y consumo de bienes y servicios, así como su impacto en la economía y, como consecuencia, la respuesta regulatoria que debería adoptarse. Son nuevos modelos que para ...


Getting A Handle On Growler Laws, Adam Star 2016 Seattle University School of Law

Getting A Handle On Growler Laws, Adam Star

Seattle University Law Review

This Note will begin with a brief general history of growlers in the United States and the benefits they provide to consumers, retailers, and small craft brewers. Part II will provide an overview of national alcohol distribution regulation and how the present growler law exists within this larger framework. To complete the necessary background information, Part III will provide context to the competitive landscape by way of an examination of the craft beer industry’s explosive growth. The substantive portion of the Note will follow in Part IV, beginning with an outline of the various key types of growler restrictions ...


The Shochu Conundrum: Economics And Gatt Article Iii, Alex Davis 2016 George Washington University

The Shochu Conundrum: Economics And Gatt Article Iii, Alex Davis

Undergraduate Economic Review

This paper will discuss the National Treatment (NT) obligation contained in Article III of the General Agreement on Tariffs and Trade (GATT) 1994 as applied in precedential tax discrimination cases. Case law has not taken a firm stance on the economic versus legal interpretation of the likeness/directly competitive or substitutable (DCS) criterion or the principle of “so as to afford protection” (SATAP) captured in Article III.2. After examining the case law on discriminatory taxation, I conclude that the NT obligation in trade agreements is imperfect. Nonetheless, NT is a critical component of these agreements, and the international trade ...


Everyone Wants To Get Tough On Antitrust Policy, But Not Really, Chris Sagers 2016 Cleveland State University

Everyone Wants To Get Tough On Antitrust Policy, But Not Really, Chris Sagers

Law Faculty Articles and Essays

No abstract provided.


The Anti-Commons Revisited, Jonathan M. Barnett 2016 University of Southern California

The Anti-Commons Revisited, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Intellectual property scholars and policymakers often assert that technology and creative markets suffer from “anti-commons” (“AC”) effects that restrain innovation within a web of conflicting intellectual property claims. A minority view asserts that market players have incentives and capacities to correct for AC effects through transactional solutions. To assess the relative merits of each side of this debate, I review a large and diverse body of empirical evidence relating to AC effects in contemporary and historical markets. I independently replicate the most controversial empirical findings, supplement additional research on selected markets, and provide a survey of all documented IP-pooling arrangements ...


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