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The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2017 Queensland University of Technology

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


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 ...


Tort Vision For The New Millenium: Strengthening News Industry Standards As A Defense Tool In Lawsuits Over Newsgathering Techniques, Michael W. Richards 2017 Fleischman and Walsh

Tort Vision For The New Millenium: Strengthening News Industry Standards As A Defense Tool In Lawsuits Over Newsgathering Techniques, Michael W. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

“A Generation of Vipers,” proclaimed the cover story in The Columbia Journalism Review, as the nation’s most esteemed voice of media criticism evaluated the journalistic landscape of the mid- 1990s. The healthy skepticism that prompts journalism professors to instruct: “if your mother says she loves you, get a second source,” has been replaced by wholesale cynicism, suggests this critique. “It’s worth noting that, in several dozen interviews, no journalist reported becoming less cynical over a lifetime of reporting.” If cynicism has infected contemporary journalists, then it ap- pears the public has responded with cynicism of its own— apparently ...


Biovail V. Hoechst Aktiengesellschaf, Inc: An Analysis Under The Sherman Act And The Noerr-Pennington Doctrine, John F. Resek Ph.D. 2017 Fordham Law School

Biovail V. Hoechst Aktiengesellschaf, Inc: An Analysis Under The Sherman Act And The Noerr-Pennington Doctrine, John F. Resek Ph.D.

Fordham Intellectual Property, Media and Entertainment Law Journal

The Hatch-Waxman Act of 1984 regulates approval by the Food and Drug Administration (“FDA”) of generic counterparts to patented drugs. In a series of recent cases, large pharmaceutical companies have been accused of exploiting Hatch-Waxman in violation of the antitrust laws. In essence, the allegations are concerned with the large pharmaceutical companies that have paid manufacturers not to market inexpensive generic versions of patented drugs, thereby restraining trade and maintaining a monopoly. In the case of Biovail v. Hoechst Aktiengesellschaf, Inc., the generic drug manufacturer, Biovail, sued Hoechst Aktiengesellschaf (“Hoechst”), a pharmaceutical company, for antitrust violations resulting from Biovail’s ...


The Nba’S Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement, Dan Messeloff 2017 Fordham Law School

The Nba’S Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

A frigid dawn had not yet begun to rise when a group of weary negotiators concluded an eleven-hour, eleventh-hour meeting high above the streets of midtown Manhattan. At 7:00 p.m. on January 6, 1999, six men gathered to decide the fate of what had become, essentially over the course of the previous decade, an immensely successful element of American popular culture – professional basketball. At approximately 5:30 a.m. on January 7, 1999, an agreement was finally reached between the representatives of the National Basketball Association (“the NBA” or “the league”) and of the National Basketball Players’ Association ...


Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich 2017 UCLA School of Law, J.D.

Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich

Fordham Intellectual Property, Media and Entertainment Law Journal

As the new millennium dawns, a battle is shaping up in cyber- space that may redefine the manner in which many people obtain copies of their favorite music. In one corner stands the record and music industry, seeking to protect their current distribution channels and to control the dissemination of their intellectual property over the Internet. In the other corner, a group consisting of Inter- net mavens, some musical artists, including acts ranging from in- dependent bands to well-established headliners, and the ever present cyberpirates, stand ready to exploit the Internet as a means to quickly and cheaply distribute and ...


The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser 2017 Harvard Law School

The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser

Fordham Intellectual Property, Media and Entertainment Law Journal

The adoption of the Federal Trademark Dilution Act (the “FTDA”) in 1995, which incorporated a federal dilution clause into the Lanham Act, was preceded by a great deal of debate. The question lying at the heart of the discussion was whether the dilution doctrine is consistent with sound trademark policy or whether the far-reaching entitlements that the FTDA affords the owners of famous marks have instead created “dilution” of a kind that Congress may not have envisaged: a blurring of the conceptual boundaries of trademark law. It turns out that this question has important implications on a number of trademark ...


Trademark Practice In A Dynamic Economy: More Deals, More Laws, More Resources Than Ever For The Trademark Practitioner, Jill C. Greenwald, Richard Buchband, Brian S. Mudge, Susan Douglass 2017 Fried, Frank, Harris, Shriver & Jacobson

Trademark Practice In A Dynamic Economy: More Deals, More Laws, More Resources Than Ever For The Trademark Practitioner, Jill C. Greenwald, Richard Buchband, Brian S. Mudge, Susan Douglass

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Inter Partes Patent Reexamination Essay, Mark D. Janis 2017 University of Iowa College of Law

Inter Partes Patent Reexamination Essay, Mark D. Janis

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


What Is Digital Rights Management?, Fred Dingledy, Alex Berrio Matamoros 2017 William & Mary Law School

What Is Digital Rights Management?, Fred Dingledy, Alex Berrio Matamoros

Alex Berrio Matamoros

No abstract provided.


The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo 2017 Fordham University School of Law

The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo

Fordham Intellectual Property, Media and Entertainment Law Journal

Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. This Note discusses these methods, which include the alternative avenues approach, the likelihood of confusion test, and the right of publicity analysis. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s ...


The Ieee-Sa Revised Patent Policy And Its Definition Of “Reasonable” Rates: A Transatlantic Antitrust Divide?, Nicolas Petit 2017 University of Liege, Liege Competition and Innovation Institute

The Ieee-Sa Revised Patent Policy And Its Definition Of “Reasonable” Rates: A Transatlantic Antitrust Divide?, Nicolas Petit

Fordham Intellectual Property, Media and Entertainment Law Journal

The Institute of Electrical and Electronics Engineers Standards Association’s (“IEEE-SA”) updated patent policy and a business review letter issued by the United States Department of Justice (“DOJ”) have caused much discussion in the United States. The purpose of this Article is to assess whether a similarly lenient antitrust approach to Standard Setting Organizations’ (“SSOs”) rate-setting policies would prevail under the European Union’s (“EU”) competition rules. Recent EU competition case law has promoted a very hard line in the area of coordinated conduct. Cases such as Dole Food Company, Inc. v. European Commission, T-Mobile Netherlands BV v. Raad van ...


Liar! Liar? The Defamatory Impact Of “Liar” In The Modern World, Roy S. Gutterman 2017 Tully Center for Free Speech at the S.I. Newhouse School of Public Communications at Syracuse University

Liar! Liar? The Defamatory Impact Of “Liar” In The Modern World, Roy S. Gutterman

Fordham Intellectual Property, Media and Entertainment Law Journal

Calling someone a liar is an age-old epithet. Depending on the context, calling someone a liar could be defamatory, causing harm to a reputation. But, more often than not, calling someone a liar may be simply an expression of opinion. In some settings, litigation surrounding the publication also implicates the First Amendment. In recent years, several courts have weighed in on this issue, some with conflicting outcomes. This Article examines whether accusations of dishonesty or lying in a modern media world has a defamatory impact.


Recreating Copyright: The Cognitive Process Of Creation And Copyright Law, Omri Rachum-Twaig 2017 University of California at Berkeley School of Law

Recreating Copyright: The Cognitive Process Of Creation And Copyright Law, Omri Rachum-Twaig

Fordham Intellectual Property, Media and Entertainment Law Journal

Copyright law reflects the intuitive understanding of creativity in the eyes of the law. This is because copyright law’s primary goal is to promote creativity. But is the legal understanding of creativity in line with cognitive psychology’s understanding of the creative process? This Article examines whether copyright law is harmonious with cognitive psychology’s understanding of creativity. Some scholars posit that theories of creativity fit well with current copyright law. In an article published in the Harvard Law Review, Joseph Fishman, a scholar studying the relationship between intellectual property and creativity, argued that, based upon some ac- counts ...


The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber 2017 Fordham University School of Law

The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber

Fordham Intellectual Property, Media and Entertainment Law Journal

Gambling has been the subject of controversy since its inception. While some claim that it is a “gentleman’s game” and a means of social entertainment, others argue that it is a sinful endeavor that enables corruption, scandal, and addiction. Today, there are several different types of gambling that occur in the United States—all with varying degrees of legality and regulation. For example, betting on horse racing is legal throughout the United States, and state-sanctioned lotteries are present in forty-four of fifty states.3 Commercial casinos, like those in Las Vegas and Atlantic City, are regulated on a state-by-state ...


The Costs Of Free: Commodification, Bundling And Concentration, Jonathan M. Barnett 2017 University of Southern California

The Costs Of Free: Commodification, Bundling And Concentration, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Contemporary technology and content markets offer users an abundance of free informational goods. The commodification of IP assets generates efficiency gains by eliminating the deadweight losses inherent to positive pricing of nonrivalrous goods. But commodified informational goods environments are often dominated by a handful of large aggregation and distribution intermediaries or even a single intermediary. These two characteristics are linked. In commodified markets, firms can generate positive revenues by adopting bundling strategies in which zero-price IP goods are distributed with positively priced complementary goods. In particular, firms in digital content markets secure rents under zero-price conditions by establishing dominant positions ...


Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Srividhya Ragavan, Sean Flynn, Brook Baker 2017 Texas A&M University School of Law

Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Srividhya Ragavan, Sean Flynn, Brook Baker

Srividhya Ragavan

No abstract provided.


What's In A Name: Cable Systems, Filmon, And Judicial Consideration Of The Applicability Of The Copyright Act's Compulsory License To Online Broadcasters Of Cable Content, Kathryn M. Boyd 2017 Duke Law

What's In A Name: Cable Systems, Filmon, And Judicial Consideration Of The Applicability Of The Copyright Act's Compulsory License To Online Broadcasters Of Cable Content, Kathryn M. Boyd

Duke Law & Technology Review

The way we consume media today is vastly different from the way media was consumed in 1976, when the Copyright Act created the compulsory license for cable systems. The compulsory license allowed cable systems, as defined by the Copyright Act, to pay a set fee for the right to air television programming rather than working out individual deals with each group that owned the copyright in the programming, and helped make television more widely accessible to the viewing public. FilmOn, a company that uses a mini-antenna system to capture and retransmit broadcast network signals, is now seeking access to the ...


The Universal Destination Of Pharmaceutical Patents: Reflecting On Trips Through The Lens Of Aquinas, Sam Castree, III 2017 St. John's University School of Law

The Universal Destination Of Pharmaceutical Patents: Reflecting On Trips Through The Lens Of Aquinas, Sam Castree, Iii

Journal of Catholic Legal Studies

No abstract provided.


Scholarly Communication And The Dilemma Of Collective Action: Why Academic Journals Cost Too Much, John Wenzler 2017 California State University, East Bay

Scholarly Communication And The Dilemma Of Collective Action: Why Academic Journals Cost Too Much, John Wenzler

Copyright, Fair Use, Scholarly Communication, etc.

Why has the rise of the Internet—which drastically reduces the cost of distributing information—coincided with drastic increases in the prices that academic libraries pay for access to scholarly journals? This study argues that libraries are trapped in a collective action dilemma as defined by economist Mancur Olson in The Logic of Collective Action: Public Goods and the Theory of Groups. To truly reduce their costs, librarians would have to build a shared online collection of scholarly resources jointly managed by the academic community as a whole, but individual academic institutions lack the private incentives necessary to invest in ...


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