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Wisconsin Patent Acquisition In The Final Frontier: Creating A Void, Nicholas J. Thibodeau
Wisconsin Patent Acquisition In The Final Frontier: Creating A Void, Nicholas J. Thibodeau
Marquette Intellectual Property Law Review
In early 2006, the Wisconsin Legislature passed 2005 Wisconsin Act 335, creating the Wisconsin Aerospace Authority (WAA). Unique to this particular act is the enumeration of the power to acquire intellectual property by the WAA. While granting them the power to acquire intellectual property is not unique, there is an interesting problem with that acquisition: the Act does not conform to the Parker Doctrine, and thus allows the WAA to be subject to antitrust litigation in its intellectual property acquisition under the proper circumstances. Specifically, the Act allows the WAA to enter into exclusive contracts that allow the WAA to …
Collision Course: State Community Property Laws And Termination Rights Under The Federal Copyright Act--Who Should Have The Right Of Way?, Loren E. Mulraine
Collision Course: State Community Property Laws And Termination Rights Under The Federal Copyright Act--Who Should Have The Right Of Way?, Loren E. Mulraine
Marquette Law Review
The purpose of this paper is to provide an overview of recapture rights under copyright law, as well as a primer on the difference between common law and community property law as it relates to property rights in a divorce proceeding. The paper will utilize as a case study the dispute between William "Smokey" Robinson and his former spouse, Claudette Robinson, and provide a statutory solution for future disputes where federal copyright law and state community property laws collide at the intersection of copyright terminations. Specifically, should these newly recaptured rights be treated as a new estate and thus not …