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Articles 1 - 30 of 76
Full-Text Articles in Law
Usando La Camiseta De Indecopi En El Poder Judicial: Trazos Sobre El Proceso De Modificación De Denominación O Razón Social Por Conflicto Con Signos Distintivos, Javier André Murillo Chávez
Usando La Camiseta De Indecopi En El Poder Judicial: Trazos Sobre El Proceso De Modificación De Denominación O Razón Social Por Conflicto Con Signos Distintivos, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Daniel J Gervais
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging’s compatibility with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). WTO members can validly take measures to protect and promote public health, but in doing so they …
Extraterritoriality Of State Trade Secret Law, Kwangho Jang
Extraterritoriality Of State Trade Secret Law, Kwangho Jang
Kwangho Jang
According to recent surveys, businesses prefer trade secret protection to patent protection. While many scholars have debated about issues of extraterritoriality of patents, copyrights, and trademarks, scholars relatively alienated the question of the geographic scope of trade secret law. In the absence of clear guidance from either the Supreme Court or both state and federal legislatures, some courts ruled in favor of extending the scope of state trade secret law to conduct abroad. This practice can cause problems in foreign relations, such as the foreign offense or interference with the sovereignty of the foreign nations. To avoid unintended conflicts with …
E-Commerce And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman
E-Commerce And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman
Lawrence J. Trautman Sr.
What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What development risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise? This article utilizes the relevant annual report disclosures from eBay (parent of PayPal), along with other eBay and PayPal documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s regulatory filings. My additions include weaving these materials into a logical presentation and providing supplemental sources for those who desire a deeper look (usually in …
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
NULR Online
No abstract provided.
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Akron Law Faculty Publications
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster
Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster
T. Noble Foster
This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …
El Product Placement Al Descubierto. Los Actos De Competencia Desleal Y El Uso De Marca En El Guión O Secuencias De Películas, Series De Televisión Y Programas, Javier André Murillo Chávez
El Product Placement Al Descubierto. Los Actos De Competencia Desleal Y El Uso De Marca En El Guión O Secuencias De Películas, Series De Televisión Y Programas, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark Conrad
A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark Conrad
Mark A. Conrad
No abstract provided.
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …
How Much Is Really At Stake?: Damages Statutes Collide In Multiple-Ip Litigation, Vanessa L. Otero
How Much Is Really At Stake?: Damages Statutes Collide In Multiple-Ip Litigation, Vanessa L. Otero
Vanessa L Otero
The statutes that govern damages for utility patents, design patents, and trade dress protection differ in ways that create potential conflicts when products infringe all three types of intellectual property. The purpose of this article is threefold: to provide an overview of current IP damages law, to present a case study, through an Apple v. Samsung case, on the unique problems that arise because of these laws, and to make a recommendation on how to avoid IP damages problems in future litigation.
Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangement Rights In Cover Songs Under A Compulsory License, Matthew Adam Eller Esq.
Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangement Rights In Cover Songs Under A Compulsory License, Matthew Adam Eller Esq.
Matthew Adam Eller
This note will analyze the scope of copyright ownership in relation to chains of unauthorized derivative works and chains of arrangement rights in “cover” versions of musical recordings. In particular, the analysis will focus on the gray area in the law where an unauthorized derivative work is created by (“D1”) and then another author creates a second derivative work (“D2”) based off of D1. In situations such as these does the creator of the original derivative work have any rights in their creation if their derivative work was unauthorized? Further, depending on what rights do exist for D1, can the …
The Apocalyptic Presidential Right Of Publicity, Michael G. Bennett
The Apocalyptic Presidential Right Of Publicity, Michael G. Bennett
Michael G. Bennett
The Apocalyptic Presidential Right of Publicity
Michael G Bennett Associate Professor Northeastern School of Law
Abstract
This article critically examines publicity rights doctrine as applied to celebrity political figures. It is particularly concerned with the prominence of science fictional concepts, theoretical frameworks and tropes in cases that mark the extreme scope of the doctrine and in the scholarship that aims to render case law rationally meaningful. And it situates President Obama and the difficult doctrinal issues his candidacy and subsequent election highlighted at the center of its analysis.
Part one of the article briefly describes the right of publicity and …
Slaves To Copyright: Branding Human Flesh As A Tangible Medium Of Expression, Arrielle S. Millstein
Slaves To Copyright: Branding Human Flesh As A Tangible Medium Of Expression, Arrielle S. Millstein
Arrielle S Millstein
This paper argues why human flesh, because of its inherent properties and its necessity for human survival, should not qualify as a tangible medium of expression under the Copyright Act of 1976. Through policy concerns and property law this paper demonstrates why the fixation requirement, necessary to obtain copyright protection of a “work,” must be flexible and eliminate human flesh as an acceptable, tangible medium of expression, to avoid the disastrous risk of the court falling into the role of “21st Century judicial slave masters.”
The Mhealth Conundrum: Smartphones & Mobile Medical Apps – How Much Fda Medical Device Regulation Is Required?, Vincent J. Roth Esq
The Mhealth Conundrum: Smartphones & Mobile Medical Apps – How Much Fda Medical Device Regulation Is Required?, Vincent J. Roth Esq
Vincent J Roth Esq
Smartphones and tablets have provided a plethora of new business opportunities for a number of industries including healthcare. Technology, however, appears to have outpaced the regulatory environment, which has spawned criticism over the current guidance of the Food and Drug Administration (“FDA”) with regard to software and what level of regulation is required for mobile medical applications. Commentators have remarked that the FDA’s guidance in this area is complex and unclear. This article explores the current FDA regulatory scheme for mobile medical applications and adapters for mobile devices designed to provide mobile healthcare, or “mHealth.” Attention is given to further …
The Mhealth Conundrum: Smartphones & Mobile Medical Apps – How Much Fda Medical Device Regulation Is Required?, Vincent J. Roth Esq
The Mhealth Conundrum: Smartphones & Mobile Medical Apps – How Much Fda Medical Device Regulation Is Required?, Vincent J. Roth Esq
Vincent J Roth Esq
Smartphones and tablets have provided a plethora of new business opportunities for a number of industries including healthcare. Technology, however, appears to have outpaced the regulatory environment, which has spawned criticism over the current guidance of the Food and Drug Administration (“FDA”) with regard to software and what level of regulation is required for mobile medical applications. Commentators have remarked that the FDA’s guidance in this area is complex and unclear. This article explores the current FDA regulatory scheme for mobile medical applications and adapters for mobile devices designed to provide mobile healthcare, or “mHealth.” Attention is given to further …
State Patent Laws In The Age Of Laissez Faire, Camilla A. Hrdy
State Patent Laws In The Age Of Laissez Faire, Camilla A. Hrdy
Camilla A Hrdy
This article brings to light the heretofore unstudied views of esteemed nineteenth century jurists, including Chief Justice of the New York Supreme Court James Kent (1763-1847), that states have concurrent constitutional authority to grant their own patents alongside Congress in order to stimulate innovation and economic development in their own territories. Based on arguments surrounding the constitutional validity of New York’s infamous steamboat monopoly, this article reveals that concurrent state patent powers were justified by a fundamental concern that market-based U.S. patents were not a sufficient replacement for the active patent policies of the states and colonies prior to ratification …
Patent Pr, Eric L. Lane
Patent Pr, Eric L. Lane
Eric L. Lane
As debates about the patent system have spread beyond the legal community into the public square, there has been an increase in mainstream media coverage of patent issues, including PR content generated by patent holders. However, we know very little about the subject matter of this media content and even less about its potential effects on public opinion and patent policy. This study begins to fill these gaps by building and analyzing a data set of patent-focused press releases generated by patent holders, or their licensees, and cataloging the subject matter contained therein. It offers a taxonomy of patent-focused PR …
Reports Of Its Death Are Greatly Exaggerated: Ebay, Bosch, And The Presumption Of Irreparable Harm In Hatch-Waxman Litgation, Kenneth C. Louis
Reports Of Its Death Are Greatly Exaggerated: Ebay, Bosch, And The Presumption Of Irreparable Harm In Hatch-Waxman Litgation, Kenneth C. Louis
Kenneth C. Louis
No abstract provided.
Emerging Contentions And Comprehensive Look Into Trends In Ipr And Pharmaceutical Drugs With Special Reference To Accesibility And Inovation, Preetima Tewari
Emerging Contentions And Comprehensive Look Into Trends In Ipr And Pharmaceutical Drugs With Special Reference To Accesibility And Inovation, Preetima Tewari
preetima tewari
While the core issue for humanities is their health protection from life threatening diseases, whereas, on the contrary, the key players, in trading the newly innovated drugs play an important role in disseminating the knowledge use with advantage of the new drugs but it is easy said than done. There are a number of compulsory economic constraints from a period commencing from manufacturing to the process of distribution to the end users (ailing people) especially affected are those inhabiting in the developing or least developed countries. At this juncture the role of TRIPS and IPR may play a quintessential role, …
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Ashley R Brown
No abstract provided.
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Ashley R Brown
No abstract provided.
Perkinelmer Inc. V. Intema Ltd. And Patent-Eligibility Of Diagnostic Screening Methods After Mayo V. Prometheus, John Ye
John Ye
In December 2011, the Supreme Court issued its ruling in Mayo v. Prometheus,[1] reversing the Federal Circuit based on unpatentable subject matter in a diagnostic method patent. In Mayo, the patent disclosed a method for determining the correct drug dosage based on the drug’s metabolite in a patient’s blood. The method was declared patent-ineligible because instead of teaching an application of laws of nature, the teachings only directed doctors to “apply it” - all disguised under the conventional steps such as “administering”, “measuring” and “determining” [2].
Following the Court’s holding, the Federal Circuit in November 2012 …
Substantial Similarity In Literary Infringement Cases: A Chart For Turbid Waters, Robert F. Helfing
Substantial Similarity In Literary Infringement Cases: A Chart For Turbid Waters, Robert F. Helfing
Robert F Helfing
INTRODUCTION
"We delve once again," wrote Ninth Circuit Judge Alex O. Kozinski, "into the turbid waters of the 'extrinsic test' for substantial similarity under the Copyright Act.”[1] The court had before it a claim that a popular television series infringed the copyrights in plaintiffs’ screenplays. Precedent regarding substantial similarity is particularly confused in cases involving literary infringement, resulting in virtually automatic rejection: In the past 35 years, courts in the Ninth Circuit has allowed only three such claims to avoid summary dismissal, none since 2002 when Judge Kozinski made his remark about turbid waters. Yet, in the absence of …
Do – Re – Mi: Una Aproximación A La Obra Musical Desde El Derecho De Propiedad Intelectual Y La Teoría Musical, Javier André Murillo Chávez
Do – Re – Mi: Una Aproximación A La Obra Musical Desde El Derecho De Propiedad Intelectual Y La Teoría Musical, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad I. Brooker
Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad I. Brooker
Chad I Brooker
Specialty drugs represent a growing concern for both health insurance issuers and beneficiaries given their exceedingly high (and growing) costs—representing almost half of all drug spend by 2017. Payers have sought to reduce their specialty drug spend by sharing more of the cost of these drugs with the beneficiaries who depend on them through the creation of specialty drug tiers. This has forced some patients to choose between forgoing other needs to pay for their medications or not take them at all. While several states have sought to outlaw the use of specialty drug tiers or limit pharmaceutical OOP cost-sharing, …
Patent Trolls Among Us, Kent R. Acheson
Patent Trolls Among Us, Kent R. Acheson
Kent R Acheson
As Acheson (2012) suggested in A Study of the Need to Change United States Patent Policy, software should not be patented, but the Intellectual Property Rights should be protected in another manner that does not entail a Copyright, Trademark, or secrecy. A new form of protection should be created based on certain criteria, such as useful life of a patent, incremental innovation, value to society, and or value to life.
Internet Control Or Internet Censorship? Comparing The Control Models Of China, Singapore, And The United States To Guide Taiwan’S Choice, Jeffrey Li
Jeffrey Li
Internet censorship generally refers to unjustified online speech scrutiny and control by the government or government-approved measures for Internet control. The danger of Internet censorship is the chilling effect and the substantial harm on free speech, a cornerstone of democracy, in cyberspace. This paper compares China’s blocking and filtering system, the class license system of Singapore, and the government-private partnership model of the United States to identify the features, and pros and cons of each model on the international human rights. By finding lessons from each of the model, this paper suggests Taiwan should remain its current meager internet control …
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Griffin M. Barnett
This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.
Decoding And Resisting Culture: Reception Theory And Copyright Law, Meghan M. Lydon Ms.
Decoding And Resisting Culture: Reception Theory And Copyright Law, Meghan M. Lydon Ms.
Meghan M. Lydon Ms.
Though there has been much academic treatment of the author’s role in copyright law, few academic articles have been published about the reader’s role. Of those articles, only one has examined copyright law through the lens of reader response theory. In her article “Everything is Transformative: Fair Use and Reader Response,” 31 Colum. J.L. & Arts 445, Laura Heyman relied on English professor Stanley Fish’s famous reader response theory to argue that all works are transformative because readers naturally interpret texts from their own perspectives and that copyright law’s transformative use test should measure the use that a community of …