Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (14)
- Constitutional Law (4)
- Economics (4)
- Social and Behavioral Sciences (4)
- Life Sciences (3)
-
- Antitrust and Trade Regulation (2)
- Biotechnology (2)
- Internet Law (2)
- Legal History (2)
- Science and Technology Law (2)
- Animals (1)
- Business (1)
- Commercial Law (1)
- Computer Law (1)
- Genetics and Genomics (1)
- International Trade Law (1)
- Jurisprudence (1)
- Law and Economics (1)
- Legal Profession (1)
- Litigation (1)
- Medicine and Health Sciences (1)
- Organisms (1)
- Property Law and Real Estate (1)
- Public Law and Legal Theory (1)
- Technology and Innovation (1)
- Institution
- Publication
- File Type
Articles 1 - 29 of 29
Full-Text Articles in Law
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Lawrence J. Trautman Sr.
New business formation is a powerful economic engine that creates jobs. Diverse legal issues are encountered as a start-up entity approaches formation, initial capitalization and fundraising, arrangements with employees and independent contractors, and relationships with other third parties. The endeavors of a typical start-up in the United States will likely implicate many of the following areas of law: intellectual property; business organizations; tax laws; employment and labor laws; securities regulation; contracts and licensing agreements; commercial sales; debtor-creditor relations; real estate law; health and safety laws/codes; permits and licenses; environmental protection; industry specific regulatory laws and approval processes; tort/personal injury, products …
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Michael W. Carroll
Patent Claim Construction: A Modern Synthesis And Structured Framework, Peter S. Menell, Matthew D. Powers, Steven C. Carlson
Patent Claim Construction: A Modern Synthesis And Structured Framework, Peter S. Menell, Matthew D. Powers, Steven C. Carlson
Peter Menell
No abstract provided.
The Emergence Of Classical American Patent Law, Herbert Hovenkamp
The Emergence Of Classical American Patent Law, Herbert Hovenkamp
Herbert Hovenkamp
The Emergence of Classical Patent Law
Abstract
One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce …
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Andrew P. Morriss
Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Andrew P. Morriss
Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …
Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer
Intellectual Property Rights Management In Small And Medium Size Social Enterprise In Australia, Francina Cantatore, Elizabeth Spencer
Francina Cantatore
This paper identifies the role and significance of Intellectual Property (IP) management in small and medium-sized social enterprises (SMSEs) and aims to address a gap in the available literature dealing with IP use and management in social enterprise. The findings are based on the results of a qualitative study undertaken with Australian SMSEs, in the form of in-depth semi-structured interviews. The research identifies how SMSEs view and manage their IP rights, and the significance of these rights in the organisation. The findings suggest that there is a significant lack of IP rights management strategies for protection of IP assets such …
The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds
The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds
Robert P Merges
No abstract provided.
Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges
Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges
Robert P Merges
No abstract provided.
As Many As Six Impossible Patent Before Breakfast: Property Rights For Business Concepts And Patent System Reform, Robert P. Merges
As Many As Six Impossible Patent Before Breakfast: Property Rights For Business Concepts And Patent System Reform, Robert P. Merges
Robert P Merges
No abstract provided.
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Robert P Merges
No abstract provided.
Reflections On Current Legislation Affecting Patent Misuse, Robert P. Merges
Reflections On Current Legislation Affecting Patent Misuse, Robert P. Merges
Robert P Merges
No abstract provided.
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Robert P Merges
No abstract provided.
Uncertainty And The Standard Of Patentability, Robert P. Merges
Uncertainty And The Standard Of Patentability, Robert P. Merges
Robert P Merges
No abstract provided.
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Robert P Merges
No abstract provided.
The Law And Economics Of Employee Inventions, Robert P. Merges
The Law And Economics Of Employee Inventions, Robert P. Merges
Robert P Merges
No abstract provided.
Estoppel Doctrine For Patented Standards, An, Robert P. Merges, Jeffery M. Kuhn
Estoppel Doctrine For Patented Standards, An, Robert P. Merges, Jeffery M. Kuhn
Robert P Merges
No abstract provided.
On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson
On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson
Robert P Merges
No abstract provided.
Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Robert P Merges
No abstract provided.
Brief Note On Blocking Patents And Reverse Equivalents: Biotechnology As An Example, A, Robert P. Merges
Brief Note On Blocking Patents And Reverse Equivalents: Biotechnology As An Example, A, Robert P. Merges
Robert P Merges
No abstract provided.
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
Christopher McElwain
Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies by certain (foreign-dominated) technologies. …
The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris
The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris
Emily Michiko Morris
Once the stuff of science fiction, nanotechnology is now expected to be the next technological revolution, but despite millions of dollars of investment, we still have yet to see the brave new world of cheap energy, cell-specific drug delivery systems, and self-replicating nanobots that nanotechnology promises. Instead, nanotechnology seems to be in a holding pattern, perpetually stuck in the status of “emerging science,” “immature field,” and “new technology” for over three decades now. Why? Professor Mark Lemley and a number of others have suggested that the answer to this puzzling question is simple: nanotechnology differs from the all of the …
The Classical Constitution, Herbert Hovenkamp
The Classical Constitution, Herbert Hovenkamp
Herbert Hovenkamp
Conservative and libertarian constitutional writers have often pined for return to a "classical" understanding of American federal and state Constitutions. "Classical" does not necessarily mean "originalist" or "interpretivist." Some classical views, such as the attempt to revitalize Lochner-style economic due process, find little support in the text of the federal Constitution or any of the contemporary state constitutions. Rather, constitutional meaning is thought to lie in a background link between constitution formation and classical statecraft. The core theory rests on the assumption of a social contract to which everyone in some initial position agreed. Like any contract, it would …
Antitrust And Information Technologies, Herbert Hovenkamp
Antitrust And Information Technologies, Herbert Hovenkamp
Herbert Hovenkamp
Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. Changes in the technologies of information also affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm. For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. In purely digital markets intellectual property rights are crucial …
A Unified Framework For Rand And Other Reasonable Royalties, Richard J. Gilbert, Jorge L. Contreras
A Unified Framework For Rand And Other Reasonable Royalties, Richard J. Gilbert, Jorge L. Contreras
Richard J Gilbert
The framework for calculating “reasonable royalty” patent damages has evolved over the years to a point at which, today, it is viewed by many commentators as potentially misleading and untethered from its original purpose. We offer a proposal to modify the framework for determining reasonable patent royalties that is based on recent scholarly and judicial analyses of standards-essential patents that are subject to commitments to license on terms that are reasonable and non-discriminatory (RAND).
Many standard setting organizations require owners of patents that are essential to a standard to license those patents on RAND terms, but typically offer little specific …
Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp
Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp
Herbert Hovenkamp
Since the federal antitrust laws were first passed they have cycled through extreme positions on the relationship between competition law and the patent system. Previous studies of antitrust and the patent system have generally assumed that patents are valid, discrete, and generally of high quality in the sense that they further innovation. As a result, increasing the returns to patenting increases the incentive to do socially valuable innovation. Further, if the returns to the patentee exceed the social losses caused by increased exclusion, the tradeoff is positive and antitrust should not interfere. If a patent does nothing to further innovation, …
The Crispr Revolution: What Editing Human Dna Reveals About The Patent System’S Dna, Robin C. Feldman
The Crispr Revolution: What Editing Human Dna Reveals About The Patent System’S Dna, Robin C. Feldman
Robin C Feldman
Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley
Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley
Robin C Feldman
Patenting Physibles: A Fresh Perspective For Claiming 3d-Printable Products, Daniel Harris Brean
Patenting Physibles: A Fresh Perspective For Claiming 3d-Printable Products, Daniel Harris Brean
Daniel Harris Brean