Introduction: The Defend Trade Secrets Act Of 2015,
2014
Washington and Lee University School of Law
Introduction: The Defend Trade Secrets Act Of 2015, Christopher B. Seaman
Christopher B. Seaman
Introduction À Quelques Aspects Du Droit Américain,
2014
Toulouse Business School
Introduction À Quelques Aspects Du Droit Américain, W. Gregory Voss
W. Gregory Voss
This is an introduction (in French) to my contributions on U.S. law for the workshop -- "Les défis du numérique dans l'entreprise en Europe" ("The Challenges of Digital Technologies in Europe") held at the Toulouse Business School on February 27, 2015. One of my contributions, which is unpublished -- "Les conditions générales d’utilisation des sites web soumis au droit américain et quelques protections pour les consommateurs" -- is available on this website. Another -- "Les données personnelles dans l'entreprise vues au travers du prisme du droit américain" -- was published in the October 2015 issue of the Revue Lamy Droit …
Copyright Porn Trolls, Wasting Taxi Medallions, And The Propriety Of ‘Property’,
2014
Selected Works
Copyright Porn Trolls, Wasting Taxi Medallions, And The Propriety Of ‘Property’, Tom W. Bell
Tom W. Bell
What happens when the government creates privileges that have powers rivaling those that the common law accords to property? Recent events in two seemingly unrelated areas suggest a troubling answer to that question. First, in copyright, porn trolls have sued thousands of John Does for allegedly participating in illegal file sharing. These suits evidently seek not judicial vindication but merely the defendants' identities, which the plaintiffs then use to reap settlement payments from guilty and innocent alike. Second, taxi drivers in cities across the world have launched legal, political, and physical attacks against Uber and other networked transportation services, accusing …
Patentable Subject Matter As A Policy Lever,
2014
Drexel University School of Law
Patentable Subject Matter As A Policy Lever, Amy L. Landers
Amy L. Landers
Patents are intended to be used as instruments to further policy. One potent policy driver to accomplish such goals is through the legal construction and application of the term “invention." Internationally, various legal authorities have recognized that this definition can be crafted in ways that are targeted to have real-world consequences. In the U.S., the open-ended framework of the Patent Act's section 101 invites judicial interpretation to effectuate the law's purposes. Ideally, these determinations should rest on articulated, transparent reasoning so that, under a common law system, those policies can serve as touchstones to ensure that the relevant precedents are …
The Anti-Patent: A Proposal For Startup Immunity,
2014
Drexel University School of Law
The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers
Amy L. Landers
The controversy surrounding the current implementation of the patent system is well known. Some question whether the system has become entirely dysfunctional and disincentives innovation, particularly as the law operates within some industries. Moreover, early stage companies, particularly those just beginning to gain success, are particularly vulnerable targets for lawsuits. Notably, these same companies can be rich sources of important technological innovation.
Because the U.S. has always had a patent system, it is impossible to understand the intended and unintended consequences of eliminating this form of intellectual property protection even in a limited manner. As economist Fritz Machlup stated in …
Road To Failure Is Paved With Good Excuses: Calls (Again) To Repeal S 51(3) Of The Competition And Consumer Act 2010,
2014
Monash University
Road To Failure Is Paved With Good Excuses: Calls (Again) To Repeal S 51(3) Of The Competition And Consumer Act 2010, Tyrone Berger
Dr Tyrone Berger
From the outset of the Commonwealth Government announcing a ‘root and branch’ review into Australia’s competition policy on 4 December 2013 (‘Harper Review’), many observers were left with little doubt that the ‘IP exception’ under s 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) would come under attack again. The concern (now and past) for the Government is acheving a balance between the granting of IP rights, which seek to increase incentives for R&D investment, and curbing any anti-competitive effects arising from increased market power. Encouraging firms to innovate is normally seen as an underlying justification of IP …
Patenting Physibles: A Fresh Perspective For Claiming 3d-Printable Products,
2014
The University of Akron School of Law
Patenting Physibles: A Fresh Perspective For Claiming 3d-Printable Products, Daniel Harris Brean
Daniel Harris Brean
Ending Unreasonable Royalties: Why Nominal Damages Are Adequate To Compensate Patent Assertion Entities For Infringement,
2014
The University of Akron School of Law
Ending Unreasonable Royalties: Why Nominal Damages Are Adequate To Compensate Patent Assertion Entities For Infringement, Daniel Harris Brean
Daniel Harris Brean
Applying Patent-Eligible Subject Matter Restriction,
2014
American University Washington College of Law
Applying Patent-Eligible Subject Matter Restriction, Jonas Anderson
J. Jonas Anderson
Living With Monsanto, 2015 Mich. St. L. Rev. 559 (2015),
2014
John Marshall Law School
Living With Monsanto, 2015 Mich. St. L. Rev. 559 (2015), Daryl Lim
Daryl Lim
Frand V. Compulsory Licensing: The Lesser Of The Two Evils,
2014
University of Oklahoma College of Law
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
Patent Conflicts,
2014
Berkeley Law
Patent Conflicts, Tejas N. Narechania
Tejas N. Narechania
Abriendo Caminos: Acceso A La Cultura, Educación A Distancia Y Digitalización De Obras En Los Límites Y Excepciones A Los Derechos De Autor,
2014
Pontificia Universidad Católica del Perú
Abriendo Caminos: Acceso A La Cultura, Educación A Distancia Y Digitalización De Obras En Los Límites Y Excepciones A Los Derechos De Autor, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
Corporate "Human Rights" To Intellectual Property Protection,
2014
Florida International University
Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu
J. Janewa Osei-Tutu
Copyright And Ownership Of Fan Created Works: Fanfiction And Beyond,
2014
John Marshall Law School
Copyright And Ownership Of Fan Created Works: Fanfiction And Beyond, Raizel Liebler
Raizel Liebler
Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?,
2014
Golden Gate University School of Law
Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst
Samuel F Ernst
There are few areas of patent law more contentious than the dispute over the social utility of “non-practicing entities,” or (if you will excuse the expression) “patent trolls.” Whether non-practicing entities add value to society is a topic of much debate, and the focus of the 2015 Chapman Law Review Symposium.
Empirical Studies Of Claim Construction,
2014
American University Washington College of Law
Empirical Studies Of Claim Construction, Jonas Anderson
J. Jonas Anderson
Restoring The Fact/Law Distinction In Patent Claim Construction,
2014
American University Washington College of Law
Restoring The Fact/Law Distinction In Patent Claim Construction, Jonas Anderson
J. Jonas Anderson
Revealing Originality Of Song Works: An Analysis To The Copyright Law,
2014
Faculty of Law, Universitas Indonesia, Indonesia
Revealing Originality Of Song Works: An Analysis To The Copyright Law, Desrezka Gunti Larasati
Indonesia Law Review
The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the …
From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement,
2014
Australian National University College of Law
From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer
Matthew Rimmer
The Korea-Australia Free Trade Agreement 2014 (KAFTA) is a Kafkaesque agreement – with its secret texts, speculative claims, and shadowy tribunals. Australia and South Korea have signed a new free trade agreement - the Korea-Australia Free Trade Agreement2014 (KAFTA). Is it a fair trade fairytale? Or is it a dirty deal done dirt cheap? Or somewhere in between? It is hard to tell, given the initial secrecy of the negotiations, and the complexity of the texts of the agreement. There has been much debate in the Australian Parliament over the transparency of the trade agreement; the scope of market access …