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The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
Research Collection Yong Pung How School Of Law
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative Commons Licenses And Evaluating Its Implications For The Future Of Creative Commons And For Copyright Law, Giorgos Cheliotis, Warren B. Chik, Ankit Guglani, Giri Kumar Tayi
Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative Commons Licenses And Evaluating Its Implications For The Future Of Creative Commons And For Copyright Law, Giorgos Cheliotis, Warren B. Chik, Ankit Guglani, Giri Kumar Tayi
Research Collection Yong Pung How School Of Law
We provide an analysis of the use of Creative Commons (CC) licenses, an approach to licens-ing creative works which has become very popular among authors who wish to promote more liberal sharing and use of their work. We provide data demonstrating the popularity of CC, ex-amine which specific license types within the CC framework are most popular, and then iden-tify contributing factors for the relative popularity of some of the license types. This includes in-dividual author incentives, the consistency and aims of the online communities which adopt CC as a licensing model, the underlying medium (text, photography, audio, video or …
The Mighty Pen, The Almighty Dollar, And The Holy Hammer And Sickle: An Examination Of The Conflict Between Trade Liberalization And Domestic Cultural Policy With Special Regard To The Recent Dispute Between The Us And China On Restrictions On Certain Cultural Products, Shuchao Henry Gao
Research Collection Yong Pung How School Of Law
The relationship between trade and culture has long been a hot topic in the debate on the conflicts between free trade and non-trade values. The recent case brought by the United States against China in the WTO on the measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products is regarded by many as the latest example of the conflict. This article argues, however, that this case is more about the conflict between economic liberalization and political control. Applying the legal rules under the WTO Agreements and public international law, this paper concludes that the United …