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Full-Text Articles in Law
What If, After All, Trademarks Were Traded In Gross, Irene Calboli
What If, After All, Trademarks Were Traded In Gross, Irene Calboli
Research Collection Yong Pung How School Of Law
The conditions upon which trademarks should be "traded" - that is, assigned and licensed in the marketplace - have traditionally been at the center of the trademark debate. Historically, based upon the assumption that trademarks can be protected only as conveyers of commercial information and as symbols of business goodwill, trademark law has prohibited trading in trademarks "in gross" and has required that trademarks be assigned "with their goodwill" and licensed only as long as licensors control the quality of the products. Yet, these criteria have been proven controversial and difficult to enforce because they hinge on two concepts that …
Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu
Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
Where intellectual property rights (IP) owned by dominant undertakings are indispensable and impossible for other market players to replicate or acquire, the refusal to grant license to use such IP may cause serious harm to vital public interests, such as the supply of life-saving drugs, of technology that protects the environment, the compliance with de jure or de facto industry standards and the preservation of competition in markets with network effects or strong need for compatibility and interoperability
Pre-Commencement Discovery And The Odex Litigation: Copyright Versus Confidentiality Or Is It Privacy?, Sze Shun, George Wei
Pre-Commencement Discovery And The Odex Litigation: Copyright Versus Confidentiality Or Is It Privacy?, Sze Shun, George Wei
Research Collection Yong Pung How School Of Law
This article examines whether internet service providers are under any duty to disclose the names of subscribers whose accounts can be shown to be associated with infringing activity. This question involves tension between the economic interests of copyright owners/licensees, the privacy interests of internet users and the economic interests of the internet service provider. This tension in turn raises age-old problems of balance and proportionality between privacy, confidentiality and other competing rights and freedoms as well as the interests of society at large. The article concludes by briefly touching on privacy areas from outside of copyright and the Internet: including …