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Articles 61 - 85 of 85
Full-Text Articles in Law
Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch
Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch
Cleveland State Law Review
This article deals with the infringement problems encountered by a teacher in duplicating copyrighted material for his class. Since the teacher is the "real party in interest," we have attempted to avoid legalistic language (at least without explanation), so as to produce a paper to which the layman, as well as the lawyer may turn for understanding.
Trade Secret Piracy, Martin A. Levitin
Trade Secret Piracy, Martin A. Levitin
Cleveland State Law Review
In their handling of trade secret cases, courts should take care that they do not make the discoveries of corporate research unprotectable and of insufficient value to warrant further private research expenditure. On the other hand, they must take care not to bar engineers and scientists from changing jobs, as a punishment for their own productivities and abilities-a modern form of intellectual involuntary servitude.
Product Imitation, John P. Diamond
Product Imitation, John P. Diamond
Cleveland State Law Review
The wave of imitation sweeping through competitive American business has crowded the courts with unfair competition cases. The most recent and representative of these cases will be examined here.
Copyright And Design Patents - The Common Zone Between, Albert P. Sharpe Iii
Copyright And Design Patents - The Common Zone Between, Albert P. Sharpe Iii
Cleveland State Law Review
The overlapping of our present-day Copyright and Design Patent Laws, apparently initially created by random legislative development and recently aggravated by the decision of the Supreme Court in Mazar v. Stein, has resulted in a legal morass of substantial proportions. The purpose of this paper is to explore briefly the influence which gave rise to this situation, to discuss the present state of the law and its practical impact upon the practicing patent advocate, and finally to review and evaluate proposed legislation, past and present, in an effort to determine the possible course of future developments.
Government Recognition And Acquisition Of Patent Rights, Charles W. Small
Government Recognition And Acquisition Of Patent Rights, Charles W. Small
Cleveland State Law Review
The status and value of patent rights owned by private enterprise may be materially affected by the procurement policies and practices of the Federal Government. The most publicized and controversial policies are found in the rules and regulations of the Department of Defense, the Atomic Energy Commission and the National Aeronautics and Space Administration. It is the purpose of this article to delineate the major differences being promulgated by these three governmental agencies.
Botanical Plant Patent Law, Edward A. Hayman
Botanical Plant Patent Law, Edward A. Hayman
Cleveland State Law Review
The Townsend-Purnell Plant Patent Act of 19301 was the first attempt anywhere in the world to legally recognize the plant breeder as an inventor entitled to the protection of patent laws. Plant patents and plant patent applications so seldom have been the subject of judicial consideration throughout the intervening years that plant patent law is still in need of clarification in a great many areas.
Registered Trademark Marking Requirements, Cameron K. Wehringer
Registered Trademark Marking Requirements, Cameron K. Wehringer
Cleveland State Law Review
The ® symbol is at times rarely used,sometimes moderately used, and sometimes perhaps over-used.Two major questions then. What is the necessary use, and what is the situation as to prevailing use?
Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal
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.
Engineering Patent Agreements, Donald F. Harrington
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 …
Enforcement Of Intellectual Property Rights, Albert R. Teare
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.
Statutory Protection Of Intellectual Property Rights, Richard G. Smith
Statutory Protection Of Intellectual Property Rights, Richard G. Smith
Cleveland State Law Review
As intellectual property is an intangible, its identification and protection under legal process provides peculiar problems. Presently, intellectual property is protected primarily by statutory provisions, as the methods provided by common law have inherent frailty. For exemplary purposes, this exposition will be concerned solely with the problems arising from the domain of invention and discovery and the application of the provisions of the patent laws.
Restrictions On Use Of Intellectual Property Rights, Harold S. Meyer
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.
Book Review, Robert A. Sturges
Book Review, Robert A. Sturges
Cleveland State Law Review
Reviewing William B. Paul, Dynamics of the Patent System, Central Book Company, Inc., 1960
Suggestion Box Systems, Esther Weissman
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 …
Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum
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.
Concrete Forms Of Intellectual Property, Robert J. Fay
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.
Resolution Of Conflicting Claims To Intellectual Property, William C. Mccoy Jr.
Resolution Of Conflicting Claims To Intellectual Property, William C. Mccoy Jr.
Cleveland State Law Review
Proceedings for the adjudication of conflicting claims to intellectual property are technical and complicated; so that, when these controversies arise, counsel familiar with the field should be engaged. In the case of patent rights, records of the inventor's activities should be maintained which are complete and which are corroborated. In the case of trademark rights, records of the early use of the trademark should be kept, and representative records of subsequent use should be kept, so that convincing evidence of continuous use of the trademark may be presented. Interference proceedings may take several years and are expensive. During the period …
Submission And Receipt Of Ideas: Conflicting Rights, Joseph R. Teagno
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.
Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae
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.
Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm
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.
Protection Of Patents And Trademarks Abroad, Norman St. Landau
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.
Book Review, Rathuel L. Mccollum
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
Introduction, Jerome F. Kramer, Robert A. Sturges
Introduction, Jerome F. Kramer, Robert A. Sturges
Cleveland State Law Review
No abstract provided.
Malpractice Of Patent Attorneys, B. Joan Holdridge
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.
Industrial Trade Secrets, Their Use And Protection, G. G. Maruchnics
Industrial Trade Secrets, Their Use And Protection, G. G. Maruchnics
Cleveland State Law Review
Because of the great part that such trade secrets play in the success of many industrial endeavors, the courts have been called upon on many occasions to resolve controversies of litigants concerning such secrets.The cases most often appearing before the courts involve the relationship of employer and employee, or former employee. Out of this relationship arise the questions of ownership and use and misuse of alleged confidential information or trade secrets. Other relationships have also been considered by the courts, and the questions considered are in many respects overlapping. The big question is to determine what is a trade secret …