Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 15 of 15
Full-Text Articles in Law
Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law
Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson
The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson
Georgia Journal of International & Comparative Law
No abstract provided.
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
University of Massachusetts Law Review
Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.
The Impact Of The 'Technology Transfer Surplus' On The Trade Deficit With Japan And Its Cures, M. Brendan Chatham
The Impact Of The 'Technology Transfer Surplus' On The Trade Deficit With Japan And Its Cures, M. Brendan Chatham
Georgia Journal of International & Comparative Law
No abstract provided.
Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis
Seattle University Law Review
The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …
Keynote Address: Stalemate Or Statesmen: What Is Needed To Move Forward Constructively With The Balancing Of America's Ip System?, David J. Kappos
Keynote Address: Stalemate Or Statesmen: What Is Needed To Move Forward Constructively With The Balancing Of America's Ip System?, David J. Kappos
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Keeping It Under Wraps: Trade Secrecy For Offshore Asset Protection Plans, Thomas A. Brunty
Keeping It Under Wraps: Trade Secrecy For Offshore Asset Protection Plans, Thomas A. Brunty
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 2, Spring 2014
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 2, Spring 2014
Pace Intellectual Property, Sports & Entertainment Law Forum
This issue of Pace Intellectual Property, Sports & Entertainment Law Forum includes articles on the modern legal issues & developments affecting fashion, the Internet, music, film, international sports, constitutional law & the lives of celebrities.
Repurposing - Finding New Uses For Old (And Patented) Drugs: Bridging The "Valley Of Death," To Translate Academic Research Into New Medicines, Daniel S. Sem
Marquette Intellectual Property Law Review
None.
How Media Got The Biggest Bite Of (The) Apple: A Look At The Media Misperception In The Apple-Samsung Case, Neha Pathak
How Media Got The Biggest Bite Of (The) Apple: A Look At The Media Misperception In The Apple-Samsung Case, Neha Pathak
Marquette Intellectual Property Law Review
None.
Patent Club Convergence Among Nations, Daniel Benoliel
Patent Club Convergence Among Nations, Daniel Benoliel
Marquette Intellectual Property Law Review
The article uncovers profound empirical and conceptual shortcomings concerning the "one-size-fits-all" innovation and intellectual property-related policies used internationally. These policies surely are funneled by the World Trade Organization (WTO) and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) or the World Intellectual Property Organization’s (WIPO) archetypical Development Agenda. The article offers a novel delineation of these policies vis-à-vis distinct country groups or “convergence clubs.”
In so doing, the article offers a unique statistical model carrying out hierarchal cluster analyses for sixty-six innovating countries twice during the 1996–2011 time series period. The model detects country groups that are …
Patent Markets: An Opportunity For Technology Diffusion And Frand Licensing?, Stéphanie Chuffart-Finsterwald
Patent Markets: An Opportunity For Technology Diffusion And Frand Licensing?, Stéphanie Chuffart-Finsterwald
Marquette Intellectual Property Law Review
None.
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
Journal of Business & Technology Law
No abstract provided.
The Copyright/Patent Boundary, Viva R. Moffat
The Copyright/Patent Boundary, Viva R. Moffat
University of Richmond Law Review
No abstract provided.
Food For Thought: Genetically Modified Seeds As De Facto Standard-Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan Vacca
Food For Thought: Genetically Modified Seeds As De Facto Standard-Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan Vacca
University of Colorado Law Review
For several years, courts have improperly calculated damages in cases involving the unlicensed use of genetically modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent's status as a de facto standard-essential patent. To be classified as a de facto standard-essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, (2) impracticability, …