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Full-Text Articles in Law

2033, Patent Rights, Property, Exclusivity And How A Newborn Reaching The Age Of Maturity Will Experience The Patent System, If There Is Still One, Severin De Wit Oct 2015

2033, Patent Rights, Property, Exclusivity And How A Newborn Reaching The Age Of Maturity Will Experience The Patent System, If There Is Still One, Severin De Wit

Severin de Wit

This article was published in a "Liber Amicorum" contributed to Charles Gielen at the law firm of Nauta Dutilh upon his departure as Professor of Intellectual Property of the University of Groningen (Netherlands). The essay reflects on how a 2015 newborn will look at intellectual property in 2033 - the year he reaches maturity at his 18th birthday. The book was presented to Charles at a special event at the offices of the law firm Nauta Dutilh on September 30, 2015. The Liber Amicorum under the titel "gIElen, een bekend begrip" is published by Wolters Kluwer.


Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa May 2015

Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa

Georgia Journal of International & Comparative Law

No abstract provided.


The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris Apr 2015

The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris

Emily Michiko Morris

Once the stuff of science fiction, nanotechnology is now expected to be the next technological revolution, but despite millions of dollars of investment, we still have yet to see the brave new world of cheap energy, cell-specific drug delivery systems, and self-replicating nanobots that nanotechnology promises. Instead, nanotechnology seems to be in a holding pattern, perpetually stuck in the status of “emerging science,” “immature field,” and “new technology” for over three decades now. Why? Professor Mark Lemley and a number of others have suggested that the answer to this puzzling question is simple: nanotechnology differs from the all of the …


The Fault Of Trespass, Avihay Dorfman, Assaf Jacob Jan 2015

The Fault Of Trespass, Avihay Dorfman, Assaf Jacob

Avihay Dorfman

The conventional wisdom has it that a property owner assumes virtually no responsibility for guiding others in fulfilling their duties not to trespass on the former's property. In other words, the entire risk of making an unauthorized use of the property in question rests upon the duty-holders. This view is best captured by the Keep-Off picture of property, according to which the content of the duty in question is that of excluding oneself from a thing that is not one's own. In this article, we argue that this view is mistaken. We advance conceptual, normative, and doctrinal arguments to show …


Copyright Trust, Abraham Bell, Gideon Parchomovsky Jan 2015

Copyright Trust, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

Collaborative production of expressive content accounts for an ever growing number of copyrighted works. Indeed, in the age of content sharing and peer production, collaborative efforts may have become the paradigmatic form of authorship. Surprisingly, though, copyright law continues to view the single author model as the dominant model of peer production. Copyright law’s approach to authorship is currently based on a hodgepodge of rigid doctrines that conflate ownership and control. The result is a binary system under which a contributor to a collaborative work is either recognized as an author with a full control and management rights or a …


Copyright Porn Trolls, Wasting Taxi Medallions, And The Propriety Of ‘Property’, Tom W. Bell Dec 2014

Copyright Porn Trolls, Wasting Taxi Medallions, And The Propriety Of ‘Property’, Tom W. Bell

Tom W. Bell

What happens when the government creates privileges that have powers rivaling those that the common law accords to property? Recent events in two seemingly unrelated areas suggest a troubling answer to that question. First, in copyright, porn trolls have sued thousands of John Does for allegedly participating in illegal file sharing. These suits evidently seek not judicial vindication but merely the defendants' identities, which the plaintiffs then use to reap settlement payments from guilty and innocent alike. Second, taxi drivers in cities across the world have launched legal, political, and physical attacks against Uber and other networked transportation services, accusing …