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Full-Text Articles in Law

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García Oct 2006

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.


Portrait Of The Scholar As An Ip Ace, Robert E. Spoo Sep 2006

Portrait Of The Scholar As An Ip Ace, Robert E. Spoo

Robert E. Spoo

No abstract provided.


Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jul 2006

Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos


Patents As A Source Of Competitive Intelligence Information.Pdf, Jan Comfort Jun 2006

Patents As A Source Of Competitive Intelligence Information.Pdf, Jan Comfort

Jan Comfort

No abstract provided.


Recombinant Proteins Containing Repeating Units, Qi Wang, Zhonghon Guan, Brendan O. Baggot, Kristen Hadfield, Jianmin Zhao, Janice Edwards Jun 2006

Recombinant Proteins Containing Repeating Units, Qi Wang, Zhonghon Guan, Brendan O. Baggot, Kristen Hadfield, Jianmin Zhao, Janice Edwards

Brendan O. Baggot

Methods for the production of recombinant proteins containing repeating units are disclosed. Also disclosed are methods for the production of degenerate polynucleotides encoding said recombinant proteins. In addition, polypeptides and polynucleotides produced by the methods of current invention are also disclosed.


Patentability Of Software Inventions, Umakant Mishra Jun 2006

Patentability Of Software Inventions, Umakant Mishra

Umakant Mishra

Software is very expensive to develop but very inexpensive to copy. Just by copying a software you create an exact duplicate of the original software and all with the same functionality. There is no difference between the original (which is bought) and the copy (pirated). The worse is when the source code is copied. The copier can even claim to have developed the software where the credit of the developer might go. The software developers use various methods to protect their source code such as copyright, trade secrets etc. but each having limitations. The developers are keen on finding legal …


A Non-Credit Model For Real-Life Technology Transfer Experience For Cross-Disciplinary Student Teams, Paul Swamidass, Brian Wright May 2006

A Non-Credit Model For Real-Life Technology Transfer Experience For Cross-Disciplinary Student Teams, Paul Swamidass, Brian Wright

Paul Swamidass

This paper addresses several major issues of interest to ASEE’s Entrepreneurship Division. It covers (1) university technology transfer; (2) introducing technology IP protocol management to students; and (3) a model of working relationship with university technology transfer officers for the mutual benefit of university technology transfer and the training of university graduates with real-life technology transfer problems. Student reported benefits are included.


Evaluate Patentability Of Your Invention, Umakant Mishra Apr 2006

Evaluate Patentability Of Your Invention, Umakant Mishra

Umakant Mishra

The patent system is designed to encourage inventions that are useful to society by granting inventors absolute right to make profit from their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. But patents cannot protect each and every person who conceives an invention. While there are some common criteria of accepting an invention for patenting, the laws of patenting differ from country to country to some extent. The concept of patentability is also very vague in some instances of the legal system. Hence it is important to check the patentability of your invention in …


Patentability Criteria In Different Countries, Umakant Mishra Mar 2006

Patentability Criteria In Different Countries, Umakant Mishra

Umakant Mishra

The patent system is designed to attract inventors to disclose and protect their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. However, the invention must fulfill certain criteria to be patentable. Hence, patentability assessment is extremely important before filing a patent application. Although there are some commonalities in the criteria of patentability there are some differences from country to country depending on the law of the land. In many cases the criteria are very vague and the patent application may be rejected for several unforeseen reasons. A proper patentability assessment helps the inventors assessing …


Three Tests Of Patentability, Umakant Mishra Feb 2006

Three Tests Of Patentability, Umakant Mishra

Umakant Mishra

United States patent law prescribes three major criteria of patentability, viz, novelty, usefulness and non-obviousness. These "three tests of patentability" are fundamentals behind issue of any patent from USPTO. It is important to know these fundamentals for any person who intends to work on patents.


The Five Levels Of Inventions- A Classification Of Patents From Triz Perspective, Umakant Mishra Jan 2006

The Five Levels Of Inventions- A Classification Of Patents From Triz Perspective, Umakant Mishra

Umakant Mishra

The Five levels of Inventions is a popular concept in the study of TRIZ. Generally patent databases (like USPTO) classify inventions according to their topics or areas of invention. But they don’t classify inventions according to their easiness or usefulness or inventiveness. Altshuller classified patents into five levels according to their levels of inventiveness. The higher levels of inventions are difficult (and rare) while the lower levels of inventions are easy and plenty in number. This article attempts to explain the five levels of inventions in simple terms and the purpose behind such a classification. Although there are limitations and …


Risk Mitigation Strategies In Offshore Business Process Outsourcing, Sonia Baldia Jan 2006

Risk Mitigation Strategies In Offshore Business Process Outsourcing, Sonia Baldia

Sonia Baldia

No abstract provided.


Enforcing Us Outsourcing Customer's Rights And Remedies In India, Sonia Baldia Jan 2006

Enforcing Us Outsourcing Customer's Rights And Remedies In India, Sonia Baldia

Sonia Baldia

No abstract provided.


La Protección De Las Marcas De Hecho, Gabriel Martinez Medrano Jan 2006

La Protección De Las Marcas De Hecho, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.


Situacion Del Usuario Adicional De Tarjetas De Credito Frente A La Mora Del Titular., Gabriel Martinez Medrano Jan 2006

Situacion Del Usuario Adicional De Tarjetas De Credito Frente A La Mora Del Titular., Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.


The Software Patent Debate, Andres Guadamuz Jan 2006

The Software Patent Debate, Andres Guadamuz

Andres Guadamuz

The recent demise of the proposed Directive on Computer-Implemented Inventions has overshadowed its complex background and the interplay of conflicting interests that it brought into play. Copyright (which already protects all software) and patent law (which protects much software in the United States but relatively little elsewhere) both have their strengths and weaknesses as legal rights. Little evidence has, however, been adduced as to the incentive effect of either of these legal regimes. The decision to withdraw the proposed Directive does not mean that the issues addressed in it and the interests affected by it have been resolved. Real debate …


Open Science: Open Source Licences In Scientific Research, Andres Guadamuz Jan 2006

Open Science: Open Source Licences In Scientific Research, Andres Guadamuz

Andres Guadamuz

sometime even commercially successful systems. Amongst these models, one of the most interesting licenses is that offered by so-called copyleft licenses, which are licenses that allow software to be transferred with the insurance that the source code will remain open, with the caveat that anyone who redistributes the software, with or without changes, must pass along the freedom to further copy and change it.

However, software development is not the only area in which this licensing model could apply. The viral nature of copyleft licenses has generated a considerable amount of interest in circles that transcend software development. The idea …


Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail Jan 2006

Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

Review of an edited volume on "transnational law" (lex mercatoria). The book comprises essays illustrating the diversity of opinion among enthusiasts of a transnational or anational business law, and an empirical study criticized by the reviewer for its "concrete ideological commitment"


The Master's Tools V. The Master's House: Creative Commons V. Copyright, Severine Dusollier Jan 2006

The Master's Tools V. The Master's House: Creative Commons V. Copyright, Severine Dusollier

Severine Dusollier

No abstract provided.


Le Droit De Destination: Une Espèce Franco-Belge Vouée À La Disparition, Severine Dusollier Jan 2006

Le Droit De Destination: Une Espèce Franco-Belge Vouée À La Disparition, Severine Dusollier

Severine Dusollier

No abstract provided.


Comparative Licensed And Unlicensed Spectrum Policies In The U.S., Singapore, And Thailand, Tanit Follett Jan 2006

Comparative Licensed And Unlicensed Spectrum Policies In The U.S., Singapore, And Thailand, Tanit Follett

Tanit Follett, J.S.D.

Both licensed and unlicensed spectrum has certain advantages over the other. However, licensed approach should not be looked upon as a substitute for unlicensed approach as each serves a different market need based on tradeoffs among the cost, quality of service, and time to market. The availability of both approaches allows providers and emerging market to fulfill a variety of usage needs. A critical test is that when the cost of interference is less than the benefit of being free from the cost associated with a licensed approach, an unlicensed approach is likely to benefit spectrum users more than licensed …


The British Empire Patent 1901-1923: The ‘Global’ Patent That Never Was, Christopher Wadlow Jan 2006

The British Empire Patent 1901-1923: The ‘Global’ Patent That Never Was, Christopher Wadlow

Christopher Wadlow

Reflects on the lessons which unsuccessful efforts to introduce a British Empire patent prior to 1923 may offer for the European Community patent. Reviews the origin of the proposal in 1901, the state of patent law across the Empire at the time, the progress made at several Imperial conferences, key features of the 1919 memorandum and the issues discussed at the 1922 patent conference. Outlines the reasons for the failure of the 1923 proposals, including the problems created by Canada's claim for reciprocal treatment for its patents, and considers whether the EC Community patent has a greater prospect of success.


Approval Of A Scheme For Mergers Is It A Legal Barrier?, Narsimha Rao A.V Jan 2006

Approval Of A Scheme For Mergers Is It A Legal Barrier?, Narsimha Rao A.V

Dr. A.V Narsimha Rao

Mergers and acquisitions of companies should comply with the provisions of the Companies Act, 1956. According to the Act, the approval of the scheme of mergers by the court has been made mandatory.


Third Party Copyright After Grokster, Alfred C. Yen Dec 2005

Third Party Copyright After Grokster, Alfred C. Yen

Alfred C. Yen

This Article studies the construction of third party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third party copyright liability is unclear. Grokster involved a claim of third party liability against defendants whose technology supported the sharing of music over the Internet, and it represents the Supreme Court’s attempt to bring coherence to the relevant law.

Grokster is a difficult case to understand. It added a new …


El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi Dec 2005

El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi

Pierino Stucchi

No abstract provided.


Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk Dec 2005

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …


Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer Dec 2005

Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer

Matthew Rimmer

Of late, there has been a spate of popular and academic books decrying that copyright law has a detrimental impact upon freedom of expression. Most notably, in Free Culture, Lawrence Lessig has tilted at the comforting, consoling fiction of the Supreme Court of the United States in Harper & Row that ‘copyright is an engine of free expression’. He complains:

"Now that technology enables us to rebuild the library of Alexandria, the law gets in the way. And it doesn’t get in the way for any useful copyright purpose, for the purpose of copyright is to enable the commercial market …


Fear And Norms And Rock & Roll: What Jambands Can Teach Us About Persuading People To Obey Copyright Law, Mark F. Schultz Dec 2005

Fear And Norms And Rock & Roll: What Jambands Can Teach Us About Persuading People To Obey Copyright Law, Mark F. Schultz

Mark F Schultz

Conventional wisdom says that people using modern technology are unlikely to obey copyright law, absent fear of lawsuits or extremely strong copy protection. This Article challenges that conventional wisdom. It explores why people obey copyright law and concludes that people can be persuaded to obey copyright voluntarily, provided that copyright owners can encourage the development of pro-copyright social norms.

This Article contributes to both the social norms and the copyright literature by explaining how pro-copyright social norms might be fostered from a behavioral trait known as reciprocity. It draws insight from a case study of a community of music fans …