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Intellectual Property Law

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Articles 16861 - 16890 of 17071

Full-Text Articles in Law

Suggestion Box Systems, Esther Weissman Jan 1960

Suggestion Box Systems, Esther Weissman

Cleveland State Law Review

The employee "suggestion box" has become a common feature of American enterprise. Its use is simple and beneficial. An employee writes an idea on a blank form conveniently made available in his work area and drops his suggestion into a box provided for such suggestions. Many legal questions arise in connection with suggestion systems. But there has been little litigation in this field so far, probably because of the small scale nature of most of the claims which develop as a result of such suggestions. But with the rapid expansion of suggestion systems, more attention will be given to their …

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Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum Jan 1960

Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum

Cleveland State Law Review

Organized research and planned invention by highly trained specialists are now fundamental parts of the American scene. Invention-to-order has become "big business" with all of its ramifications. The purpose of this article is to analyze some of the legal problems associated with inventions and patents that come into being as a result of scientific research.

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Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm Jan 1960

Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm

Cleveland State Law Review

Among the significant aspects of property or "ownership" are the rights to determine the use of it and the right to dispose of it. What has been referred to as "intellectual property," if it may truly be referred to as property, must therefore be capable of becoming the subject matter of agreements of various kinds-licenses, contracts and assignments. The lawyer is consequently concerned with applicability of the law of contracts as well as of the law of property to intellectual property.

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Enforcement Of Intellectual Property Rights, Albert R. Teare Jan 1960

Enforcement Of Intellectual Property Rights, Albert R. Teare

Cleveland State Law Review

Wrongful use or appropriation of the property of another is a tort. The owner of a patent has a remedy by civil action for infringement of his patent, and the District Courts of the United States have original jurisdiction of any civil action arising under any act of Congress relating to patents, trademarks and copyrights.

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Protection Of Patents And Trademarks Abroad, Norman St. Landau Jan 1960

Protection Of Patents And Trademarks Abroad, Norman St. Landau

Cleveland State Law Review

This article is intended to point out succinctly some of the problems that the United States practitioner not versed in foreign practice may have to consider. Specific laws and specific manuals involving practice in various countries abroad, as well as many articles, have been presented frequently by others. There are, however, a number of points in connection with protection of industrial property abroad which cannot be overemphasized, but which we try to outline briefly.

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Concrete Forms Of Intellectual Property, Robert J. Fay Jan 1960

Concrete Forms Of Intellectual Property, Robert J. Fay

Cleveland State Law Review

The field of intellectual property as treated in this paper encompasses mental products of industrial importance: inventions or discoveries, literary or artistic works, trade secrets,and distinguishing trademarks or trade names used in commerce. Each of these is characterized by mental activity followed by embodiment in some concrete form. Protection in a measure for the originator is found both in the statutes and in common law.

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Submission And Receipt Of Ideas: Conflicting Rights, Joseph R. Teagno Jan 1960

Submission And Receipt Of Ideas: Conflicting Rights, Joseph R. Teagno

Cleveland State Law Review

An idea has little or no value in the isolation of the conceiver's mind. Artistic creations and developments and improvements in products, machines, and methods are examples of such ideas. Value may be imparted to such an idea by communicating it to others who value it for its utilitarian or esthetic characteristics. Property rights arise from appreciation of such value by others, following communication.

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Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae Jan 1960

Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae

Cleveland State Law Review

Normal procedure in attempting sale of a valuable idea is for the claimant to offer his idea for sale to the recipient who usually will refuse to buy it until disclosure. Then, after disclosure, the recipient may or may not promise to pay for the idea if he uses it. In either case, the recipient may use the idea later, perhaps in a modified form, and refuse to compensate the claimant.

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Restrictions On Use Of Intellectual Property Rights, Harold S. Meyer Jan 1960

Restrictions On Use Of Intellectual Property Rights, Harold S. Meyer

Cleveland State Law Review

Intellectual property rights are generally considered to include patents, copyrights, and ownership of unpublished technical data or "know-how," and sometimes trademarks. In spite of the basic differences in character between trademarkmrights and the others, all these rights are often dealt with as a group, particularly in Europe, where they are known collectively as industrial property rights.

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Engineering Patent Agreements, Donald F. Harrington Jan 1960

Engineering Patent Agreements, Donald F. Harrington

Cleveland State Law Review

An analysis of recent cases indicates that no major changes have taken place in the interpretation of patent law since the earlier decisions. The underlying philosophy of the courts seems to be that an employer has an almost absolute right in the inventions of its employees if it is in the scope of their employment,if they are hired to invent, or if an express assignment agreement for future inventions exists. In most of the other cases outside this area, the great majority of the courts have at least held that the employer was entitled to the shop right. There has …

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Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal Jan 1960

Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal

Cleveland State Law Review

Creative activity in the scientific, technical, literary, musical and artistic fields is encouraged by preferential treatment under the income tax laws. While musicians, authors, composers and inventors all receive some special tax benefits, inventors are awarded the most valuable tax breaks.

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Book Review, Rathuel L. Mccollum Jan 1960

Book Review, Rathuel L. Mccollum

Cleveland State Law Review

Reviewing Alf K. Berle and L. Sprague de Camp, Inventions, Patents and Their Management, D. Van Nostrand Co., Inc.,1959

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Book Review, Robert A. Sturges Jan 1960

Book Review, Robert A. Sturges

Cleveland State Law Review

Reviewing William B. Paul, Dynamics of the Patent System, Central Book Company, Inc., 1960

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Federal Procedure - Venue - Application Of Special Venue Provision To Change Of Venue In Patent Infringement Action, Dean L. Berry S.Ed. Mar 1959

Federal Procedure - Venue - Application Of Special Venue Provision To Change Of Venue In Patent Infringement Action, Dean L. Berry S.Ed.

Michigan Law Review

Petitioner brought a patent infringement action in the northern district of Texas, wherein the alleged infringement occurred and the named defendants resided and had a regular place of business. On motion by the named defendants under 28 U.S.C. §1404(a), authorizing the transfer of certain actions to a district in which the action "might have been brought," the court ordered transfer to the northern district of Illinois where litigation on the same patent was already in progress between the plaintiff and other alleged infringers. Petitioner's motion for mandamus to require the Texas district court to set aside this transfer order was …

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Parody And Burlesque -- Fair Use Or Copyright Infringement?, Law Review Staff Mar 1959

Parody And Burlesque -- Fair Use Or Copyright Infringement?, Law Review Staff

Vanderbilt Law Review

In Columbia Broadcasting System v. Loew's, Inc.,' the Supreme Court of the United States aroused great concern in the entertainment world when it affirmed (by an evenly divided court) a lower court decision enjoining CBS from producing a television burlesque by comedian Jack Benny of the motion picture Gaslight. Plaintiff Loew's had claimed an infringement of their copyright. CBS countered with the contention that their parody was a "fair use" of plaintiff's work. In affirming, the Supreme Court, in its initial consideration of this issue, placed its imprimatur upon a decision which takes the position that parody and burlesque do …

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The Unwarranted Tax Discrimination Against Creators Of Copyrighted Works And Literary, Musical, Or Artistic Compositions Or Similar Properties, Linza B. Inabnit Jan 1959

The Unwarranted Tax Discrimination Against Creators Of Copyrighted Works And Literary, Musical, Or Artistic Compositions Or Similar Properties, Linza B. Inabnit

Kentucky Law Journal

No abstract provided.

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Transfer Of Patent Rights, W. Lewis Roberts Jan 1959

Transfer Of Patent Rights, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

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Patents - Standard Of Invention - Effects Of Sections 103 And 282 Of Patent Act Of 1952, John F. Powell S.Ed. Jan 1959

Patents - Standard Of Invention - Effects Of Sections 103 And 282 Of Patent Act Of 1952, John F. Powell S.Ed.

Michigan Law Review

Defendant counterclaimed for patent infringement in a declaratory judgment action. The trial court, holding the patent invalid for lack of "invention," dismissed the counterclaim. On appeal, held, reversed. The patent in question was valid, this conclusion being based on an independent study of the pertinent prior art and on the additional factors of industry acquiescence, commercial success, and the statutory presumption of validity of a duly issued patent. Georgia-Pacific Corp. v. United States Plywood Corp., (2d Cir. 1958) 258 F. (2d) 124, cert. den. 27 U.S. LAW WEEK 3147 (1958).

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News: Public Right V. Property Right, William F. Swindler Jan 1959

News: Public Right V. Property Right, William F. Swindler

Faculty Publications

No abstract provided.

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Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed. Jun 1958

Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed.

Michigan Law Review

Prior to December 1938, Patrick Hamilton wrote an original play entitled "Gaslight" which subsequently was published, performed and protected by copyright in both England and the United States. Loew's acquired exclusive motion picture rights to the play on October 7, 1942, and produced an original feature-length motion picture photoplay of the drama, also entitled "Gaslight." In 1945 Jack Benny sought and received permission to produce a 15-minute parody of the motion picture for his radio program. In 1953, without securing Loew's permission, Benny produced a 15-minute filmed parody of the motion picture for his television program. It was entitled "Autolight" …

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Copyrights: A Thumbnail Sketch, C. R. S. Jun 1958

Copyrights: A Thumbnail Sketch, C. R. S.

West Virginia Law Review

No abstract provided.

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Problems In Joint Ownership Of Patents, Harrington A. Lackey Jun 1958

Problems In Joint Ownership Of Patents, Harrington A. Lackey

Vanderbilt Law Review

In that area of the law where rights in the products of mental conception are created, transferred and litigated, the general practitioner is often bewildered by the challenge to identify such rights with legal principles familiar to him. Although certain of these rights have arisen and are protected under our common law, patent rights are creatures of federal statutes authorized under our Constitution. Moreover, patents are identified as property, and under the 1952 Patent Act, they have been further classified as personal property. Here the confusion begins.

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Vaughan: The United States Patent System, Arthur M. Smith Mar 1958

Vaughan: The United States Patent System, Arthur M. Smith

Michigan Law Review

A Review of The United States Patent System. By Floyd L. Vaughan.

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Atomic Energy - Patents - Patent Aspects Of Domestic Law, Euratom, And The International Atomic Energy Agency, Peter H. Hay Mar 1958

Atomic Energy - Patents - Patent Aspects Of Domestic Law, Euratom, And The International Atomic Energy Agency, Peter H. Hay

Michigan Law Review

With the growing importance of atomic energy, conventional legal concepts must be adapted and remodeled to fit new situations. In the area of patent law, the traditional notion that the inventor's reward should be a legal monopoly in the invention, in the form of a patent, has to be reconciled with the need for wide dissemination of technical information. The need for secrecy, for government control over weapons, and for cooperation with other countries affects the atomic patent system. These factors are reflected in the Atomic Energy Act of 1954 and in the agreements establishing two international organizations concerned with …

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What Is Prior Art, Virgil E. Woodcock Jan 1958

What Is Prior Art, Virgil E. Woodcock

Villanova Law Review (1956 - )

No abstract provided.

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Comments, Various Editors Jan 1958

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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Recent Decisions, Various Editors Jan 1958

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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Malpractice Of Patent Attorneys, B. Joan Holdridge Jan 1958

Malpractice Of Patent Attorneys, B. Joan Holdridge

Cleveland State Law Review

This article will consider briefly the general nature of patent practice, and will indicate those areas where negligence on the part of the attorney could prevent a person from obtaining a patent or from having as full coverage of his invention as that to which he is entitled.

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Inventors And Their Relations With Others, Howard I. Forman Jan 1958

Inventors And Their Relations With Others, Howard I. Forman

Villanova Law Review (1956 - )

No abstract provided.

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Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed. Jun 1957

Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed.

Michigan Law Review

Prior to 1952 the judiciary had sole control of questions involving the infringement of patents. The courts evolved their own concepts and rules of interpretation without legislative guidance. The Patent Act of 1952 marked a radical departure from this policy. Section 271 of the new patent act is an attempt on the part of Congress to codify the doctrine of contributory infringement. Prior to the enactment of this section there was considerable doubt as to the scope of this doctrine and even as to its continued existence. Supreme Court recognition of the defense of patent misuse appears to have diluted …

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