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Intellectual Property Law

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Selected Works

2005

Articles 1 - 7 of 7

Full-Text Articles in Law

Understanding The Solution For Microsoft, Ivo T. Gico Oct 2005

Understanding The Solution For Microsoft, Ivo T. Gico

Ivo Teixeira Gico Jr.

Nesse artigo, o autor examinou a solução do caso da Microsoft, tentando responder as seguintes perguntas: Seria a Microsoft responsável pelo monopólio do mercado de sistemas operacionais e pela vinculação ilegal no mercado de navegadores? Qual seria a solução menos drástica e intrusiva que poderia solucionar todas as acusações? Teria o Judiciário encontrado uma solução equilibrada para criar a competção sem destruir a Microsoft? Que abordagem seria melhor?

In this paper, the author examines the issue of relief in the Microsoft case, trying to answer the following questions: Is Microsoft liable for monopolization on the operating system market and illegal …

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La Voip Y La Nueva Ley, Juan Carlos Riofrío Martínez-Villalba Jan 2005

La Voip Y La Nueva Ley, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

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Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan Jan 2005

Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan

Jennifer M. Urban

Amicus brief to the Eighth Circuit.

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Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach Dec 2004

Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

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Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Joseph P. Liu, Stacey L. Dogan Dec 2004

Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Joseph P. Liu, Stacey L. Dogan

Joseph P. Liu

Drawing on recent work by Dan Burk and Mark Lemley in the patent context, this paper explores the extent to which courts have adapted pre-existing copyright doctrines to the special case of computer software. We argue that a number of courts have, as has been widely recognized, significantly adapted copyright doctrines to deal
with special features of the computer software market. We further argue that these adaptations have, by and large, positively sought to strike a balance between the copyright act's dual goals of incentive and access. Despite this general trend toward adaptation, however, we point to a handful of …

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Tradition, Tech, And Transformation: Information Technologies And The Intellectual Property Of Indigenous Peoples, Sam Grey Dec 2004

Tradition, Tech, And Transformation: Information Technologies And The Intellectual Property Of Indigenous Peoples, Sam Grey

Sam Grey

Changes brought about by the globalization of laws and markets, and the geometric expansion of technological innovation, make intellectual property issues nebulous and mercurial, to the point that keeping pace with changes in the field is a full-time pursuit requiring a high degree of skill and dedication. For nations-within-nations, as is the status of most Native groups worldwide, intellectual property presents a particularly difficult legal and political problem, as indeed intellectual property rights (IPR) regimes challenge the sovereignty of even the strongest and most 'modern' of nation-states. Authorities on the protection of traditional knowledge (TK), resources, and cultural expressions assert …

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Comparative Analysis Of Qualcomm Case Regarding Its Duty In Standard-Setting Organization And Possible Antitrust Claims Brought By Its’ Competitors In U.S. And E.U., Tanit Follett Dec 2004

Comparative Analysis Of Qualcomm Case Regarding Its Duty In Standard-Setting Organization And Possible Antitrust Claims Brought By Its’ Competitors In U.S. And E.U., Tanit Follett

Tanit Follett, J.S.D.

The Standard Setting Organization of IP rules has a confused mixture of legal theories that lead to the problem of disclosure. Each of the SSO IP rules has its own pitfalls. In general, considering all rules together, these legal rules share the same common goal in ensuring that participating IP owners do what they promised to do and disclose what they are bound to disclose. In addition, SSO rules concerning the rights of IP owner have raised a number of antitrust issues. One side believes that SSO rules are procompetitive so long as they encourage more innovation than restraints, while …

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