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Articles 1 - 22 of 22
Full-Text Articles in Law
Gatekeeping The Gatekeepers: The Need For A Licensing Requirement For Crowdfunding Portals In The Wake Of The Dreamfunded Decision, Nick Worden
Michigan Business & Entrepreneurial Law Review
Most people are familiar with crowdfunding sites such as Kickstarter and GoFundMe—sites that allow users to part with their money in exchange for products or donate their capital to organizations they believe in. However, these sites have one trait in common: they do not offer contributors equity or a promise for future profits. For a long time, selling equity meant complying with the costly requirements of federal securities laws, which was cost-prohibitive for many small businesses; it was illegal for businesses to offer equity over a site in the way businesses on Kickstarter offered products. The Jumpstart Our Business Startups …
Patents For Sharing, Toshiko Takenaka
Patents For Sharing, Toshiko Takenaka
Michigan Technology Law Review
Spurred by the Internet, emerging technologies have changed the way commercial firms innovate and have made it possible for individuals to play an important role in that innovation. Producers in the Information Communication Technologies (ICT), and other sectors dealing with complex technologies with many separately patentable components, find it increasingly difficult to make products without infringing on patents held by others. Numerous overlapping patents often cover such products. Producers have developed a new way to use patents: as inclusive rights for sharing their technologies with others through cross-licensing and other private ordering arrangements in order to ensure the freedom to …
Creative Commons: An Explainer, Kincaid C. Brown
Creative Commons: An Explainer, Kincaid C. Brown
Law Librarian Scholarship
Copyright protection attaches automatically to original works you create, whether a poem, photograph, painting, song, video, or essay. Copyright limits what others can do with your creative work and protects your original work from, for example, being compiled or reused and sold for profit. If you hold the copyright—and didn’t, say, create the original work in an employment context where it may be subject to being a work for hire—you may want to allow others to use your work for particular purposes. You could individually negotiate a license granting rights to each person, which would undoubtedly take more and more …
Creative Commons: An Explainer, Kincaid C. Brown
Creative Commons: An Explainer, Kincaid C. Brown
Law Librarian Scholarship
Copyright protection attaches automatically to original works you create, whether a poem, photograph, painting, song, video, or essay. Copyright limits what others can do with your creative work and protects your original work from, for example, being compiled or reused and sold for profit. If you hold the copyright—and didn’t, say, create the original work in an employment context where it may be subject to being a work for hire—you may want to allow others to use your work for particular purposes. You could individually negotiate a license granting rights to each person, which would undoubtedly take more and more …
Patent Privateers And Antitrust Fears, Matthew Sipe
Patent Privateers And Antitrust Fears, Matthew Sipe
Michigan Telecommunications & Technology Law Review
Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of …
Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting, Sharing, Licensing, And Attribution), Colleen Chien
Michigan Law Review
In the theater of the courtroom or the rough and tumble arena of intellectual property policymaking, the day-to-day lives of creators are rarely presented. We often instead see one-dimensional vignettes, for example, “the new artist or band that has just released their [sic] first single and will not be paid for its success,” described on Taylor Swift’s Tumblr last summer when she initially withdrew from Apple’s music streaming service. While instructive, this description leaves out that Swift and other artists have long relied on “free play” mediums like radio and, more recently, YouTube to develop, not cannibalize, their audiences and …
The Chinese Regulatory Licensing Regime For Pharmaceutical Products: A Law And Economics Analysis, Qing Zhang
The Chinese Regulatory Licensing Regime For Pharmaceutical Products: A Law And Economics Analysis, Qing Zhang
Michigan Telecommunications & Technology Law Review
China's pharmaceutical market has expanded dramatically in the past twenty years and is expected to become the largest in the world by the year 2050. However, entry to the market remains difficult for many international pharmaceutical manufacturers due to the country's costly and complicated regulatory licensing requirements. This Article provides an overview of the regulatory licensing regime for pharmaceutical products in China. Then, the Article evaluates three key features of the regulatory licensing regime through a law and economics approach. These features include the use of licensing, as contrasted with alternative regulatory and non-regulatory mechanisms; the standards to be met …
An Examination Of Patents, Licensing, Research Tools, And The Tragedy Of The Anticommons In Biotechnology Innovation, Michael S. Mireles
An Examination Of Patents, Licensing, Research Tools, And The Tragedy Of The Anticommons In Biotechnology Innovation, Michael S. Mireles
University of Michigan Journal of Law Reform
The continued development of and affordable access to potentially life saving pharmaceuticals, gene therapies and diagnostics is unquestionably a socially important issue. However, crafting government policy to encourage the development of and allowing affordable access to those services and products is difficult. On one hand, the development of those services and products requires a large investment of funds because of the complexity, collaborative nature, and uncertainty of the development of those products and services. Accordingly, investors require the safety of strong and stable patent rights to ensure a return on their investment in the development of a commercial end-product or …
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Articles
Allowing universities to patent the results of government-sponsored research sometimes works against the public interest.
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Michigan Law Review
Have African Americans fared better under a scheme of freedom of contract or of government regulation of private employment relationships? Have court decisions striking down regulation of employment contracts on liberty of contract grounds aided black interests? Many contemporary observers, although with some notable dissenters, would respond that government regulation of freedom of contract, particularly the antidiscrimination provisions of Title VII of the Civil Rights Act of 1964, has benefited African Americans because it has restrained discriminatory conduct by private employers. Professor David E. Bernstein challenges the view that abrogation of freedom of contract has consistently benefited African Americans by …
Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch
Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch
Michigan Law Review
Computer systems, especially those in heavy-use commercial settings, often require routine maintenance to continue functioning properly. Many businesses turn to an independent service organization ("IS0") to provide computer maintenance services because ISOs frequently charge less than the original equipment manufacturer ("OEM") for those services. The tremendous growth in computer use has spawned a multi-billion dollar computer maintenance industry in the United States, and ISOs and OEMs have become engaged in fierce competition for this computer service business. The struggle between ISOs and OEMs to capture this expanding market has spilled over into the courts, spawning a number of recent decisions …
Of Foxes And Hen Houses: Licensing And The Health Professions, Michigan Law Review
Of Foxes And Hen Houses: Licensing And The Health Professions, Michigan Law Review
Michigan Law Review
A Review of Of Foxes and Hen Houses: Licensing and the Health Professions by Stanley J. Gross
Total-Sales Royalties Under The Patent-Misuse Doctrine: A Critique Of Zenith, Michigan Law Review
Total-Sales Royalties Under The Patent-Misuse Doctrine: A Critique Of Zenith, Michigan Law Review
Michigan Law Review
This Note criticizes the Supreme Court's treatment of total-sales royalties. Part I outlines the scope of the patent-misuse doctrine, and Part II describes the development of the Zenith conditioning test. Part III analyzes that test; it suggests that the Zenith opinion is not internally consistent and that courts may not be able to apply the conditioning test satisfactorily. Finally, in response to Justice Harlan's dissenting opinion in Zenith, in which he notes the dearth of literature on the economic consequences of total-sales royalty provisions, 14 Part III undertakes an analysis of those consequences. The analysis demonstrates that total-sales royalty …
Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin
Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin
University of Michigan Journal of Law Reform
This article neither deals with the propriety of the Federal Trade Commission's (FTC) proposed order nor evaluates the effectiveness of compulsory trademark licensing as a remedy for unfair trade practices.8 Rather, the pending cereal industry case is used as a point of departure for an examination of the problem of trademark abuse and the responses of the courts, the Congress, and the FTC to it. Acknowledging the legality of compulsory licensing of trademarks, the article suggests legislation which will incorporate licensing and standards for its application. Such legislation would make licensing an accessible remedy for trademark abuse while accommodating both …
Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review
Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review
Michigan Law Review
The state and federal courts, existing side by side within the boundaries of each state, separately control admission to practice law before their respective bars. Although membership in a state bar is generally a prerequisite for admission to the bar of a federal court, the two systems do function under separate and distinct ground rules, and they appear to have done so with a minimum of friction. However, the principal case is indicative of the problems that may arise when state policy on the right to practice law within the state conflicts with federal policy.
Patents - Licensing - Legality Of Grant-Back Clauses, Eric E. Bergsten S.Ed.
Patents - Licensing - Legality Of Grant-Back Clauses, Eric E. Bergsten S.Ed.
Michigan Law Review
There is no authoritative definition of the term "patent grant-back." It has been defined as a clause in a patent license which provides "for license or assignment to the licensor of any improvement patented by the licensee in the products or processes of the licensed patent." In litigated cases grant-back clauses usually appear either in basic patent licenses or in licenses of the products or processes of an industry which the licensor dominates through control of a multitude of overlapping patents.
Corporations--Doing Professional Service Through Others, Joseph N. Morency, Jr. S.Ed.
Corporations--Doing Professional Service Through Others, Joseph N. Morency, Jr. S.Ed.
Michigan Law Review
The question whether a corporation empowered to engage in any lawful business may furnish professional services to its members or customers through the use of licensed agents has been a real problem for the courts. It is generally agreed that a corporation cannot furnish professional services to the public generally through or by means of employing licensed members of a profession for whose services it makes charges that go into the funds of the corporation; but it is equally well-settled that a corporation can engage in any lawful business or trade .even though practitioners are required to be licensed, provided …
Legal Control Of Medical Practice: Validity And Methods, Kenneth C. Sears
Legal Control Of Medical Practice: Validity And Methods, Kenneth C. Sears
Michigan Law Review
Legislators have deemed it necessary, in order to protect the public interest, to exercise some control over the practice of the healing art by physicians, surgeons, chiropractors, osteopaths, dentists, etc., both as to who may practice and in what manner the practice may be carried on. Legislators have also required, in certain situations, that designated persons submit to medical treatment. Both types of regulation give rise to various legal and constitutional problems and it is the purpose of this paper to discuss some of these problems.
Constitutional Law - Regulation Of Small Business, Alfred G. Ellick Jr.
Constitutional Law - Regulation Of Small Business, Alfred G. Ellick Jr.
Michigan Law Review
Ever since the development of the guild system the small tradesman or shopkeeper has attempted in various ways to reduce the number of his competitors. The time-honored method, in theory at least, has been to give better service for less money. The more modern method is to select a delegation from the trade itself whose duty it will be to proceed to the state capitol, there to urge the passage of "protective legislation." As a result, legislators have found themselves beseiged by lobbyists who show altruistic concern for the health, safety, and welfare of the general public. Strangely enough, the …
State "Blue-Sky" Laws And The Federal Securities Acts, Russell A. Smith
State "Blue-Sky" Laws And The Federal Securities Acts, Russell A. Smith
Michigan Law Review
With the current revival of business has come increased activity in the securities markets. Corporations are taking advantage of low money rates to refund outstanding issues and, to some extent, to obtain new money for corporate purposes. If the upturn in business proves to be substantial, rather than merely a temporary, government-induced short-time swing, the issuance of securities for the purpose of financing capital improvements will doubtless accelerate. Questions arising under the various laws, federal and state, for the regulation of the sale of securities will become increasingly important. Persons interested in the issuance and disposal of securities desire, of …
Uniform Corporation Laws Through Interstate Compacts And Federal Legislation, Robert S. Stevens
Uniform Corporation Laws Through Interstate Compacts And Federal Legislation, Robert S. Stevens
Michigan Law Review
It is the purpose of the present article to suggest that another means of accomplishing the end exists in the possibility of an interstate compact for uniform corporate legislation, coupled with supplementary federal legislation appropriate to make the interstate compact effective.
Physicians And Surgeons, Harry B. Hutchins
Physicians And Surgeons, Harry B. Hutchins
Book Chapters
Professor Hutchins's entry regarding the subject of the title. Includes voluminous cross-references and precedents. Begins with a five-page outline.