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Intellectual property

2012

Articles 1 - 4 of 4

Full-Text Articles in Business

Competition And Innovation In Copyright And The Dmca, Herbert J. Hovenkamp Nov 2012

Competition And Innovation In Copyright And The Dmca, Herbert J. Hovenkamp

All Faculty Scholarship

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters …

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Marks And Brands: Conceptual, Operational And Methodological Comparisons, Deli Yang, M. Sönmez, Q. Li Jul 2012

Marks And Brands: Conceptual, Operational And Methodological Comparisons, Deli Yang, M. Sönmez, Q. Li

School of Business Faculty Research

People tend to use brands and marks interchangeably due to their similarities. However, they are often nonsubstitutable to each other. This paper systematically examines the similarities and differences of these two terms in conceptual, operational and methodological manners taking account of history and international dimensions. Such clarification is important given the increasing significance of marks and brands for all stakeholders (rather than consumers only). The paper starts with the definitional understanding about the two terms. It then focuses on the history of these two terms to reveal how their evolvement has been. Next, it discusses their similarities and differences, including …

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Trips And The Pharmaceutical Industry: Prescription For Profit?, Lee C. Moerman, S. L. Van Der Laan Apr 2012

Trips And The Pharmaceutical Industry: Prescription For Profit?, Lee C. Moerman, S. L. Van Der Laan

Lee Moerman

The impact of global patent regulation in the form of the WTO’s TRIPS Agreement has far reaching effects for the research based pharmaceutical industry and global public health This paper explores the role of accounting in reinforcing the primacy of capital interests over global public interest by its ability to capture and measure an abstraction - knowledge. This commodification of knowledge serves to transfer the responsibility of the global health agenda to the market. However, this market based solution is not sensitive to many important issues faced by governments in relation to the global pharmaceutical research and development agenda, such …

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Counterfeits, Copying And Class, Ann Bartow Jan 2012

Counterfeits, Copying And Class, Ann Bartow

Law Faculty Scholarship

Consumers who want to express themselves by wearing contemporary clothing styles should not have to choose between expensive brands and counterfeit products. There should be a clear distinction in trademark law between illegal, counterfeit goods and perfectly legal (at least with respect to trademark law) "knockoffs," in which aesthetically functional design attributes have been copied but trademarks have not. Toward that end, as a normative matter, the aesthetic features of products should not be registrable or protectable as trademarks or trade dress, regardless of whether they have secondary meaning, just as functional attributes of a utilitarian nature are not eligible …

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