• The Credit Crisis And Subprime Litigation: How Fraud Without Motive ‘Makes Little Economic Sense’, 2010 Villanova University
• The Credit Crisis And Subprime Litigation: How Fraud Without Motive ‘Makes Little Economic Sense’, Peter Hamner
The recent collapse of the financial markets spurred numerous lawsuits seeking a faulty party. Many plaintiffs argue that market participants committed securities fraud. They claim that deficient subprime loans caused the financial crisis. These risky loans were allegedly originated by banks to be sold off to third parties. The subprime loans were securitized and spread throughout the financial markets. The risk these loans presented was allegedly not disclosed to the buyers of the loans and securities on the loans. As these deficient loans and securities began to default the financial markets came to a halt. This article argues that securities ...
Outlook On India 2010 - Table Of Contents, 2010 Kilpatrick Townsend LLP
Outlook On India 2010 - Table Of Contents, Sonia Baldia
No abstract provided.
Dispute Resolution Precautions In India, 2010 Kilpatrick Townsend LLP
Dispute Resolution Precautions In India, Sonia Baldia
No abstract provided.
Civil Procedures For A World Of Shared And User-Generated Content, 2010 St. Thomas University School of Law
Civil Procedures For A World Of Shared And User-Generated Content, Ira Nathenson
Ira Steven Nathenson
Scholars often focus on the substance of copyrights as opposed to the procedures used to enforce them. Yet copyright enforcement procedures are at the root of significant overreach and deserve greater attention in academic literature. This Article explores three types of private enforcement procedures: direct enforcement (cease-and-desist practice); indirect enforcement (DMCA takedowns); and automated enforcement (YouTube’s Content ID filtering program). Such procedures can produce a “substance-procedure-substance” feedback loop that causes significant de facto overextensions of copyrights, particularly against those creating and sharing User-Generated Content (UGC). To avoid this feedback, the Article proposes descriptive and normative frameworks aimed towards the ...
Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, 2010 Southern Methodist University
Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath
“Patent Pleading After Iqbal: Using Infringement Contentions As A Guide” This article proposes how the new standard for pleading patent infringement related claims should be interpreted in light of the Supreme Court’s decisions in Twombly and Iqbal. The facial plausibility of a pleading requires more than bare allegations and must be supported with enough facts in order for the court to infer wrongdoing by the accused infringer. This article is dedicated to applying this theory of pleading to the practical world of the courtroom. Federal Rule 8 is discussed as the starting point to understanding pleading in the federal ...
Propiedad Intelectual Y Prácticas Monopólicas, 2010 Instituto Tecnológico Autónomo de México
Propiedad Intelectual Y Prácticas Monopólicas, Carlos Mena-Labarthe, Alejandro Hernández Alva
El estudio hace un recuento de algunos de los principales problemas y cuestiones que se pueden presentar en la relación de la propiedad intelectual con el Derecho de competencia, en particular en la regulación de las prácticas monopólicas.
The Ali Principles And The Clip Project – A Comparison, 2010 University of Macerata (Italy)
The Ali Principles And The Clip Project – A Comparison, Benedetta Carla Angela Ubertazzi
Benedetta Carla Angela Ubertazzi
No abstract provided.
Introduction, Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide, 2010 Widener University - Harrisburg Campus
Introduction, Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide, Tonya M. Evans, Michael R. Dimino, Nicole M. Santo
Tonya M. Evans
No abstract provided.
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, 2010 Compass Lexecon
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
In recent years, patent settlements between branded and generic manufacturers involving “reverse payments” from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. It appears that such settlements will be a focus of the Obama Administration’s antitrust enforcement policy. Yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this paper, we present an analytical framework for evaluating the competitive effects of patent settlements, including those involving reverse payments, and demonstrate ...
Patents And Pharmaceutical R & D: Consolidating Private-Public Partnership Approach To Global Health Crises, 2010 University of Ottawa, Faculty of Law
Patents And Pharmaceutical R & D: Consolidating Private-Public Partnership Approach To Global Health Crises, Chidi Oguamanam
Intellectual property (IP) is a reward and incentive market-driven mechanism for fostering innovation and creativity. The underlying, but disputed, assumption to this logic is that without IP, the wheel of innovation and inventiveness may grind to a halt or spin at a lower and unhelpful pace. This conventional justification of IP enjoys, perhaps, greater empirical credibility with the patent regime than with other regimes. Despite the inconclusive role of patents as a stimulant for research and development (R&D), special exception is given to patent’s positive impact on innovation and inventiveness in the pharmaceutical sector. This article focuses on ...
Treaty Interpretation In Wto Dispute Settlement: The Outstanding Question Of The Legality Of Local Working Requirements, 2010 The Chinese University of Hong Kong
Treaty Interpretation In Wto Dispute Settlement: The Outstanding Question Of The Legality Of Local Working Requirements, Bryan Mercurio, Mitali Tyagi
This article explores treaty interpretation in dispute settlement at the World Trade Organization (WTO) by seeking to resolve the unanswered question of whether local working requirements – domestic provisions which allow the grant of a compulsory license when a patent is not “worked” in that country – are legal under the international trade regime. The issue remains in flux as local working requirements appear to be inconsistent with the Agreement on Trade-Related Aspects of International Property Rights (TRIPS) Article 27, which prohibits discrimination as to “whether products are imported or locally produced.” However, TRIPS Article 2.2 incorporates the substantial majority of ...
Parallel Importation, Patent Right Exhaustion, And Strategies For Navigating The Evolving Landscape, 2010 Santa Clara University
Parallel Importation, Patent Right Exhaustion, And Strategies For Navigating The Evolving Landscape, Bryan J. Su
Bryan J Su
Parallel importation provides a means for purchasers and consumers of commercial goods protected by intellectual property law to acquire products for prices lower than the price set by intellectual property right holders. This form of “legal piracy” of grey-market goods is conducted by legally purchasing products in jurisdictions with lower prices, which allows distributors to import products into jurisdictions with higher prices, leading to a competitive advantage. The doctrine of patent exhaustion, especially when applied internationally, allows this practice by giving authorized purchasers of products unfettered ownership and control over the specific articles they acquire.
Analysis of how the United ...
Property Outlaws, Rebel Mythologies, And Social Bandits, 2010 Rutgers University
Property Outlaws, Rebel Mythologies, And Social Bandits, Greg Lastowka
This is a book review of Sonia Katyal and Eduardo Peñalver’s Property Outlaws, which attempts to rehabilitate the image of those who violate property laws. The book explain, persuasively, that certain forms of illegal trespass and theft can be both socially valuable and politically expressive. This review draws on the work of historian Eric Hobsbawm in order to respond to some of the overarching themes of the book, noting additional complexities regarding both the popular opinions of outlaws and the political valence of outlawry.
Ex-Post Liability Rules In Modern Patent Law, 2010 University of Bologna
Ex-Post Liability Rules In Modern Patent Law, Rosa J. Castro
Rosa J Castro
No abstract provided.
The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, 2010 The University of Western Australia
The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, Robert Lee Cunningham
The second enclosure movement critique is familiar theoretical territory for scholars concerned with the creeping maximalist impulse of Intellectual Property Rights (IPRs). Just as the first enclosure movement relating to real property created controversies concerning social contract and the advertised efficiencies of private real property, so too these concerns are echoed within the context of IPRs. This paper employs the emergent discourse of cultural environmentalism so as to diagnose and resolve IPR issues evident within the information environment. Cultural environmentalism borrows, begs and steals analytical frameworks from environmentalism, such as those relating to the commons, public choice theory, welfare economics ...
Fixing Ram Copies, 2010 Case Western Reserve University
Fixing Ram Copies, Aaron K. Perzanowski
Aaron K. Perzanowski
Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of copyrighted works in the random access memory of computing devices - for decades. The Second Circuit’s decision in Cartoon Network v. CSC Holdings has recently reignited the controversy over these putative copies. There the court held that CSC did not create copies within the meaning of the Copyright Act when it buffered fleeting segments of television programs. In many respects, the Second Circuit’s holding is a straightforward application of the Act’s nested definitions of “copies” and “fixed.” But because the court declined to apply ...
Acerca De La Cláusula Democrática Y Del Dialogo Político En El Tlcuem., 2010 Universidad de Guanajuato
Acerca De La Cláusula Democrática Y Del Dialogo Político En El Tlcuem., Salvador Francisco Ruiz Medrano
Salvador Francisco Ruiz Medrano
The present investigation focuses on detailed analysis of the "democratic clause" imposed on the Economic Partnership, Political Coordination and Cooperation between the United Mexican States and the European Community and its Member States, better known as FTA, which has The purpose of respect for democratic principles and fundamental human rights as enunciated in the Universal Declaration of Human Rights, which guides their internal and international policy and constitutes an essential element of the Treaty.
Reconceptualising Copyright Law For The Creative Economy Through The Lens Of Evolutionary Economics, 2010 Queensland University of Technology
Reconceptualising Copyright Law For The Creative Economy Through The Lens Of Evolutionary Economics, Sampsung Xiaoxiang Shi, Brian Fitzgerald
Modern innovation theory posits the notion of “information flow” as a key ingredient of innovation. In turn copyright law is a key determinant of “information flow”. While copyright law is meant to incentivise creativity in order to promote the dissemination or flow of information - in recent years - copyright law has acted to inhibit information flow. In this chapter we argue that copyright law needs to be recast in a way that promotes information flow.
A Relational Theory Of Authorship, 2010 Queensland University of Technology
A Relational Theory Of Authorship, Sampsung Xiaoxiang Shi, Brian Fitzgerald
Over the years we have heard the debate as to whether authorship emanates solely from the individual or from the cultural context in which they inhabit. Writers such as Professors Woodmansee, Jaszi and Cohen have asserted a cultural theory of authorship. On one hand, there is the liberal philosophy of autonomous creativity evidenced in the notion of a “romantic author” (after the period known as romanticism). On the other hand we have more of a communitarian notion – that the author acts in a cultural context and authorship to some extent must be linked back to the social existence within which ...
The Name Game: Cybersquatting And Trademark Infringement On Social Media Websites, 2010 Brooklyn Law School
The Name Game: Cybersquatting And Trademark Infringement On Social Media Websites, Tom Curtin
This Note explores the potential hazards and effects of the username feature on the proprietary interests of trademark owners, and argues that social media sites need to implement code based solutions to adequately address trademark infringement on their websites. Cited in Callmann's Unfair Competition, Trademarks, & Monopolies (2011).