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Articles 1 - 20 of 20
Full-Text Articles in Law
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Peter K. Yu
No abstract provided.
The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R. K. Stroud
The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R. K. Stroud
Jonathan R. K. Stroud
No abstract provided.
Legal Risk Management In Online Sales Of Food And Wine, Dan Svantesson
Legal Risk Management In Online Sales Of Food And Wine, Dan Svantesson
Dan Svantesson
Most businesses have an online presence, but an online presence brings a legal risk exposure. The extent and type of risks that businesses expose themselves to vary depending on the industry as well as how they structure their online presence. This article examines a selection of legal risks facing businesses engaging in online sales and marketing of food and wine products. It also presents strategies for managing those risks.
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
Christopher B. Seaman
Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights. This Article engages in the first systematic critique of the claim that federalizing …
Estrategias De Protección De La Propiedad Intelectual En El Espacio Virtual, Rodolfo C. Rivas Rea, Serah Mutheu Mati
Estrategias De Protección De La Propiedad Intelectual En El Espacio Virtual, Rodolfo C. Rivas Rea, Serah Mutheu Mati
Rodolfo C. Rivas
The authors provide a brief rundown of strategies to protect a wide range of IP rights in cyberspace. The strategies tackle practical advice and suggest a series of progressive actions in order to ensure maximum protection with an efficient use of resources.//////////////////////////////// Los autores proporcionan un breve resumen de las estrategias para proteger una amplia gama de derechos de propiedad intelectual en el ciberespacio. Las estrategias abordan consejos prácticos y sugieren una serie de acciones en orden progresivo con la finalidad de garantizar la máxima protección manteniendo un uso eficiente de los recursos.
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Orphans In Turmoil: How A Legislative Solution Can Help Put The Orphan Works Dilemma To Rest, Vicenç Feliú
Vicenç Feliú
The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative …
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Charles E. Colman
The U.S. federal judiciary has frequently displayed a dismissive attitude toward "fashion," while simultaneously recognizing the great economic importance of clothing. As fashion was, from the formation of the United States until at least the late 1960s, associated primarily with the female sex, while judges during this time period were almost exclusively male, one naturally wonders whether the power dynamics of gender shaped the development of the law pertaining to fashion. There is good reason to believe that this has indeed been the case.
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper
Andrew Popper
The focus of this article is on the difficulty of securing in personam jurisdiction over foreign entities who steal information technology and intellectual property (IT and IP). The value of stolen IT and IP is somewhere in the range of a trillion dollars over the last decade. Given the current inability to prevent those losses or deter meaningfully those engaged in the misconduct, the article explores the core of the problem: the difficulty of satisfying the minimum contact/fairness requirements of Article III courts. The article addresses several alternative approaches that might allow for more efficient protection of IT and IP. …
Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq
Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq
Vincent J Roth Esq
Much controversy has ensued over the current 12 year data exclusivity period afforded biosimilars pursuant to the Biologics Price Competition and Innovation Act of 2009 (the “BPCI”) that was recently enacted in March 2010, as part of President Obama’s Patient Protection and Affordable Care Act (the “PPACA”), to create a biosimilar market in the US. In fact, the BPCI, itself, has been controversial and just barely survived judicial scrutiny when the US Supreme Court upheld the PPACA on June 28, 2012 in a 5-4 vote. Many commentators speculate whether data exclusivity will overtake patents as the preferred method of intellectual …
A Treaty Of Versailles - How Microsoft Wants To, And How They Could, End The Patent War, Andrew Pierz
A Treaty Of Versailles - How Microsoft Wants To, And How They Could, End The Patent War, Andrew Pierz
Andrew Pierz
Android began as a project by Andy Rubin after developing the Sidekick. The project was soon acquired by Google and licensed as open-source technology for third parties, like Samsung and HTC, to use in their phones. After Microsoft fell in mobile market share, they began to pursue aggressive litigation and licensing deals. Google, after pledging to defend their manufacturing partners, announced they would acquire Motorola Mobility for their patent portfolio. The paper will explore the history of Android and Windows Mobile, the extent of Microsoft’s mobile patent portfolio, the structure of Microsoft’s various deals, the planned acquisition of Motorola Mobility …
Ip And Development- A Road Map For Developing Countries In The 21st Century, Rami M. Olwan, Brian Fitzgerald
Ip And Development- A Road Map For Developing Countries In The 21st Century, Rami M. Olwan, Brian Fitzgerald
Rami Olwan
The value of an intellectual property (IP) regime to a developing country (or for that matter a developed country) is the subject of increasing debate. On one side IP evangelists argue that IP laws can stimulate untold innovation and provide a foundation for economic progress. On the other side IP sceptics or abolitionists question whether IP laws really incentivize innovation or simply represent an unforeseen burden on social and economic development. The reality for many countries is that while theoretical debates are important they do not provide immediate solutions. For this reason, we want to put the polarising debates to …
Vut V Wilson, Uwa V Gray And University Intellectual Property Policies, William Van Caenegem
Vut V Wilson, Uwa V Gray And University Intellectual Property Policies, William Van Caenegem
William Van Caenegem
In Wilson and Gray the respective university intellectual property policies were held to be ineffective. The Federal Court therefore had to examine the default law concerning academic ownership of inventions. The trial judge in Wilson accepted that inventions that were a normal incident of the kind of research a particular academic was engaged to perform may belong to the employing university. However, French J and the Full Court in Gray emphasised that academic autonomy, duty to publish and freedom to collaborate with outsiders set academics apart. Employer ownership of inventions is therefore not to be implied into standard academic employment …
The Ftc’S Proposal For Regulating Ip Through Ssos Would Replace Private Coordination With Government Hold-Up, F. Scott Kieff, Richard Epstein, Daniel Spulber
The Ftc’S Proposal For Regulating Ip Through Ssos Would Replace Private Coordination With Government Hold-Up, F. Scott Kieff, Richard Epstein, Daniel Spulber
F. Scott Kieff
In its recent report entitled “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation and commercialization of new technologies. The gist of the FTC Proposal is to rely on highly non-standard and misguided definitions of economic terms of art such as “ex ante” and “hold-up,” while urging new inefficient rules for calculating damages for patent infringement. Stripped of the technicalities, the FTC Proposal would so reduce the costs of infringement by downstream …
Transfer Pricing And Irc Section 482, Dorothy M. Hong
Transfer Pricing And Irc Section 482, Dorothy M. Hong
Dorothy M Hong
Description of recent flux in tax treaties and case laws relating to transfer pricing helpful to those companies doing business with companies based in South Korea complying with IRC Sec. 482.
Transfer Pricing And Irc Section 482, Dorothy M. Hong
Transfer Pricing And Irc Section 482, Dorothy M. Hong
Dorothy M Hong
Description of the current flux situation with regard to development of tax treaties and case laws relevant to transfer pricing regulations for companies either doing business in or with those based in South Korea complying with IRC Sec. 482.
You Gotta Pay To Play: An Analysis Of Copyright Infringement Actions Brought By Performing Rights Organizations, Ben Thompson
You Gotta Pay To Play: An Analysis Of Copyright Infringement Actions Brought By Performing Rights Organizations, Ben Thompson
Ben Thompson
This paper, through the tale of the recent case, BMI v. Buckaroo's, explains the typical, almost systemic, process of infringement actions brought by performing rights organizations against licensing venues. The author, Ben Thompson, can be reached at (646) 770-1097 or bthompson@thomplegal.com.
Direct Application Of International Commercial Law In Chinese Courts: Intellectual Property, Trade, And International Transportation, Jie Huang
Jie Huang
Different from scholarship that focuses on the relationship between China and International Law regarding territory, armed conflicts, human rights violations, this article explores the relationship between China and International Law in a commercial setting. It explores how Chinese courts apply international commercial law in adjudicating cases involving foreign factors. Moreover, this article goes beyond contemporary scholarship that concerns international commercial law and China but only focuses on the text of Chinese statutes and judicial interpretations: it elaborates how courts apply statutes and judicial interpretations in actual adjudications through cases studies. By covering cases decided by the Supreme People’s Court and …
Restricting Fair Use To Save The News: A Proposed Change In Copyright Law To Bring More Profit To News Reporting, Ryan T. Holte
Restricting Fair Use To Save The News: A Proposed Change In Copyright Law To Bring More Profit To News Reporting, Ryan T. Holte
Prof. Ryan T. Holte
This article deals with the current state of the news industry and the rapidly declining number of national newspapers. It examines the present condition of the media, the effect the Internet has had on the news business, and the economic and public policies behind protecting news. The paper then discusses the current means of protecting information, through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from top-caliber news reporting.
Total Upgrade: Intellectual Property Law Reform In Russia, Sergey Budylin, Yulia Osipova
Total Upgrade: Intellectual Property Law Reform In Russia, Sergey Budylin, Yulia Osipova
Sergey Budylin
Russia has undertaken a large-scale intellectual prop-erty (IP) law reform. The reform abolishes most of the ex-isting IP legislation and instead puts all IP issues into the new Fourth Part of the Civil Code. The new legislation was signed into force at the end of 2006, but it was made effective starting from January 1, 2008. While the new leg-islation largely restates, consolidates, and refines the exist-ing legislation, it also introduces some concepts not known to Russian law before (such as “unified technology”). Im-portantly, the new Russian IP legislation addresses issues currently being a matter of international concern (such as …
The Freedom To Imagine Fantasy Sports: Applying New Ideas In Copyright Law To Professional Athletes' Right Of Publicity, Ryan T. Holte
The Freedom To Imagine Fantasy Sports: Applying New Ideas In Copyright Law To Professional Athletes' Right Of Publicity, Ryan T. Holte
Prof. Ryan T. Holte
The paper deals with the creation and growth of online fantasy sports games which have resulted in a struggle between the First Amendment rights of sports fans and sports players' right of publicity. Fantasy sports websites state that they have a constitutional right to use players' names in their online programs which allow customers to build their own fantasy teams. Professional sports leagues argue that they, and the players, have spent great time and money in building the names and public images of professional athletes, and deserve to be compensated through state right of publicity laws. Currently courts are left …