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Full-Text Articles in Law
Promoting Access Over Ownership: Realigning Antitrust And Intellectual Property Law To Usher In An Era Of Collaborative Consumption, Adrian Kuenzler
Promoting Access Over Ownership: Realigning Antitrust And Intellectual Property Law To Usher In An Era Of Collaborative Consumption, Adrian Kuenzler
Vanderbilt Journal of Entertainment & Technology Law
Following the US Supreme Court's endorsement of the promotion of consumer welfare as the single goal of antitrust and intellectual property laws, many courts have reasserted their commitment to the market access doctrine for antitrust and intellectual property law liability. These courts have rejected the Court's submission in GTE Sylvania to adhere to a strict output/profitability test concentrating predominantly on the positive and negative welfare effects regarding allegedly infringing conduct. This Article examines several important antitrust and intellectual property law decisions and locates within them a common flaw to express an intelligible, distinct doctrinal function for giving precedence to market …
Trade, Competition, And Intellectual Property--Trips And Its Antitrust Counterparts, Eleanor M. Fox
Trade, Competition, And Intellectual Property--Trips And Its Antitrust Counterparts, Eleanor M. Fox
Vanderbilt Journal of Transnational Law
This Article examines the interface between TRIPS' protection of intellectual property rights and antitrust law, and the extent to which TRIPS invites a counterpart agreement that would internationalize intellectual property antitrust rules.
Professor Fox argues that TRIPS does not call for internationalizing antitrust law, and that even developing countries, which might find a greater need for antitrust protection against abuse of dominance after TRIPS, might be better served by developing and enforcing a national antitrust law of their own.
She argues that TRIPS does, however, contemplate some limits to antitrust, lest antitrust enforcement impair protections guaranteed by TRIPS. Professor Fox …
Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax
Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax
Vanderbilt Journal of Transnational Law
ACT OF STATE DOCTRINE-ACT OF STATE DOCTRINE DOES NOT PRECLUDE ADJUDICATION OF ANTITRUST CLAIM INVOLVING ALLEGED FRAUDULENT PROCUREMENT OF FOREIGN PATENTS
Gayle B. Carlson
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ADMIRALTY-DAMAGES FOR WRONGFUL DEATH ON THE HIGH SEAS ARE LIMITED TO PECUNIARY LOSS
Michael P. Coury
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ANTITRUST-E.E.C. TREATY-JOINT VENTURE AGREEMENT THAT OPERATES TO PRECLUDE ENTRY INTO A GEOGRAPHIC MARKET IS PROHIBITED UNDER ARTICLE 85 OF THE E.E.C. TREATY
Celia J. Collins
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CONSTITUTIONAL LAW-TEAS STATUTE'S DENIAL OF FREE EDUCATION TO ILLEGAL ALIENS VIOLATES EQUAL PROTECTION CLAUSE AND IS PREEMPTED BY THE IMMIGRATION AND NATIONALITY ACT
Spencer M. Sax
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SOVEREIGN IMMUNITY-FOREIGN SOVEREIGN IMMUNITIES ACT …