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Full-Text Articles in Law
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Vicenç Feliú
The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative …
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Charles E. Colman
The U.S. federal judiciary has frequently displayed a dismissive attitude toward "fashion," while simultaneously recognizing the great economic importance of clothing. As fashion was, from the formation of the United States until at least the late 1960s, associated primarily with the female sex, while judges during this time period were almost exclusively male, one naturally wonders whether the power dynamics of gender shaped the development of the law pertaining to fashion. There is good reason to believe that this has indeed been the case.
Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq
Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq
Vincent J Roth Esq
Much controversy has ensued over the current 12 year data exclusivity period afforded biosimilars pursuant to the Biologics Price Competition and Innovation Act of 2009 (the “BPCI”) that was recently enacted in March 2010, as part of President Obama’s Patient Protection and Affordable Care Act (the “PPACA”), to create a biosimilar market in the US. In fact, the BPCI, itself, has been controversial and just barely survived judicial scrutiny when the US Supreme Court upheld the PPACA on June 28, 2012 in a 5-4 vote. Many commentators speculate whether data exclusivity will overtake patents as the preferred method of intellectual …
The Ftc’S Proposal For Regulating Ip Through Ssos Would Replace Private Coordination With Government Hold-Up, F. Scott Kieff, Richard Epstein, Daniel Spulber
The Ftc’S Proposal For Regulating Ip Through Ssos Would Replace Private Coordination With Government Hold-Up, F. Scott Kieff, Richard Epstein, Daniel Spulber
F. Scott Kieff
In its recent report entitled “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation and commercialization of new technologies. The gist of the FTC Proposal is to rely on highly non-standard and misguided definitions of economic terms of art such as “ex ante” and “hold-up,” while urging new inefficient rules for calculating damages for patent infringement. Stripped of the technicalities, the FTC Proposal would so reduce the costs of infringement by downstream …
Transfer Pricing And Irc Section 482, Dorothy M. Hong
Transfer Pricing And Irc Section 482, Dorothy M. Hong
Dorothy M Hong
Description of recent flux in tax treaties and case laws relating to transfer pricing helpful to those companies doing business with companies based in South Korea complying with IRC Sec. 482.
Transfer Pricing And Irc Section 482, Dorothy M. Hong
Transfer Pricing And Irc Section 482, Dorothy M. Hong
Dorothy M Hong
Description of the current flux situation with regard to development of tax treaties and case laws relevant to transfer pricing regulations for companies either doing business in or with those based in South Korea complying with IRC Sec. 482.
You Gotta Pay To Play: An Analysis Of Copyright Infringement Actions Brought By Performing Rights Organizations, Ben Thompson
You Gotta Pay To Play: An Analysis Of Copyright Infringement Actions Brought By Performing Rights Organizations, Ben Thompson
Ben Thompson
This paper, through the tale of the recent case, BMI v. Buckaroo's, explains the typical, almost systemic, process of infringement actions brought by performing rights organizations against licensing venues. The author, Ben Thompson, can be reached at (646) 770-1097 or bthompson@thomplegal.com.
Direct Application Of International Commercial Law In Chinese Courts: Intellectual Property, Trade, And International Transportation, Jie Huang
Jie Huang
Different from scholarship that focuses on the relationship between China and International Law regarding territory, armed conflicts, human rights violations, this article explores the relationship between China and International Law in a commercial setting. It explores how Chinese courts apply international commercial law in adjudicating cases involving foreign factors. Moreover, this article goes beyond contemporary scholarship that concerns international commercial law and China but only focuses on the text of Chinese statutes and judicial interpretations: it elaborates how courts apply statutes and judicial interpretations in actual adjudications through cases studies. By covering cases decided by the Supreme People’s Court and …
Total Upgrade: Intellectual Property Law Reform In Russia, Sergey Budylin, Yulia Osipova
Total Upgrade: Intellectual Property Law Reform In Russia, Sergey Budylin, Yulia Osipova
Sergey Budylin
Russia has undertaken a large-scale intellectual prop-erty (IP) law reform. The reform abolishes most of the ex-isting IP legislation and instead puts all IP issues into the new Fourth Part of the Civil Code. The new legislation was signed into force at the end of 2006, but it was made effective starting from January 1, 2008. While the new leg-islation largely restates, consolidates, and refines the exist-ing legislation, it also introduces some concepts not known to Russian law before (such as “unified technology”). Im-portantly, the new Russian IP legislation addresses issues currently being a matter of international concern (such as …