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Articles 1 - 30 of 45
Full-Text Articles in Law
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Pengelolaan Royalti Dari Pencipta Lagu Yang Tidak Terdaftar Di Lembaga Manajemen Kolektif Oleh Lembaga Manajemen Kolektif Nasional, Mohamad Thaufiq Rachman
Pengelolaan Royalti Dari Pencipta Lagu Yang Tidak Terdaftar Di Lembaga Manajemen Kolektif Oleh Lembaga Manajemen Kolektif Nasional, Mohamad Thaufiq Rachman
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Royalty is a reward received by the author or owner of the related right concerning the utilization of their Economic Rights following Article 1 point 21 of Law No. 28, 2014 regarding Copyright ("UUHC 2014"). Royalty could also be interpreted as a form of appreciation for the Author's Works, such as song and/or music. Encouraging the spirit of industry players, including songwriters, is essential for continuous growth. As mentioned in the general explanation section of UUHC 2014, Copyright is the most important basis of the national creative economy. With the fulfillment of the protection and development of this creative economy, …
The Sultans Of Stream: How Big Streaming Services Have Used Their Oligopsony Power In The Music Industry To Leave Millions Of Musicians In Dire Straits, Benjamin Stevens
The Sultans Of Stream: How Big Streaming Services Have Used Their Oligopsony Power In The Music Industry To Leave Millions Of Musicians In Dire Straits, Benjamin Stevens
South Carolina Law Review
No abstract provided.
Employee Nondisclosure Agreements In South Carolina: Easily Made, Easily Broken, Samuel C. Williams
Employee Nondisclosure Agreements In South Carolina: Easily Made, Easily Broken, Samuel C. Williams
South Carolina Law Review
No abstract provided.
Creativity For The Common Good: The Case For Fair Use Of Prosthetics Patents, Roxanneh Mousavi
Creativity For The Common Good: The Case For Fair Use Of Prosthetics Patents, Roxanneh Mousavi
Seattle University Law Review
This Note examines how patent law inhibits accessibility to prosthetics, and how a fair use defense for patent infringement will make them more widely accessible. Part I will explain the basics of patent law, including its history, scope, and process of infringement. Part II will discuss the fair use defense against copyright and trademark infringement and explain why this defense should also be enforceable for patent infringement. Part III will provide an overview of 3D printing. Part IV will focus on 3D prosthetics, specifically on the story of two young prosthetic recipients, Griffin Matuszek and Evie Lambert. Finally, Part V …
Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo
Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo
South Carolina Law Review
No abstract provided.
From Photocopying To Object-Copying In The Classroom: 3d Printing And The Need For Educational Fair Use In Patent Law, Alessandra T. Palazzolo
From Photocopying To Object-Copying In The Classroom: 3d Printing And The Need For Educational Fair Use In Patent Law, Alessandra T. Palazzolo
Georgia State University Law Review
This Note is broken into three parts. Part I includes background information about additive manufacturing, the Maker Movement and its importance in the promotion of STEM education, and the history of copyright and patent law. Part II analyzes the development of fair use in copyright law, potential reasons that patent law has no statutory fair use defense, and one exception in patent law that is essentially fair use—the Hatch-Waxman Act, a codified version of the experimental use exception for the pharmaceutical industry. Finally, Part III offers three distinct solutions aimed at protecting educators who use 3D printing in their curriculum.
Social Media, Manipulation, And Violence, Allyson Haynes Stuart
Social Media, Manipulation, And Violence, Allyson Haynes Stuart
South Carolina Journal of International Law and Business
No abstract provided.
Hunnuh Mus' Tek Cyare Da Root Fa Heal Da Tree: Saving The South Carolina Lowcountry From Overdevelopment Through Judicial Application Of A Modern Public Trust, Derek Tarver
South Carolina Law Review
No abstract provided.
Pay-For-Delay: How Brand-Name And Generic Pharmaceutical Drug Companies Collude And Cost Consumer Billions, Raymond J. Prince
Pay-For-Delay: How Brand-Name And Generic Pharmaceutical Drug Companies Collude And Cost Consumer Billions, Raymond J. Prince
South Carolina Law Review
No abstract provided.
Stop Letting Wine Crash The Wedding: Craft Beer Consumers Are Sophisticated Buyers, Justin P. Weinberg, O. Joseph Balthazor Jr.
Stop Letting Wine Crash The Wedding: Craft Beer Consumers Are Sophisticated Buyers, Justin P. Weinberg, O. Joseph Balthazor Jr.
Cybaris®
No abstract provided.
Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders, Christine Park
Seattle University Law Review
This Note explores two issues related to the EU’s new common practice: (1) whether the new common practice will deter ongoing efforts to integrate trademark registration and protection at the international level; and (2) whether U.S. trademark holders, when expanding business into the EU, should register through the Madrid Protocol and obtain Community Trade Mark or register through a country’s trademark office. This Note argues that the new trademark practice hinders international efforts for standardizing trademark registration and that U.S. trademark holders should claim color when registering their marks with the EU.
New Forms Of Dialects Between Intellectual Property And Public Health: Pharmaceutical Patent-Related Investment Disputes, Valentina Vadi
New Forms Of Dialects Between Intellectual Property And Public Health: Pharmaceutical Patent-Related Investment Disputes, Valentina Vadi
The International Lawyer
No abstract provided.
Intuitive Planning, Emily M. Morris
Why Manufacturing Matters: 3d Printing, Computer-Aided Designs, And The Rise Of End-User Patent Infringement, Sklyer R. Peacock
Why Manufacturing Matters: 3d Printing, Computer-Aided Designs, And The Rise Of End-User Patent Infringement, Sklyer R. Peacock
William & Mary Law Review
No abstract provided.
More Than Ip: Trademark Among The Consumer Information Laws, Michael Grynberg
More Than Ip: Trademark Among The Consumer Information Laws, Michael Grynberg
William & Mary Law Review
Part I begins the inquiry by describing trademark’s connection with other consumer information laws. In many cases optimal trademark policy—by whatever criteria—depends on the state of play in another regime. This complicates trademark’s development in multiple ways. It is not simply a problem of determining how another body of law treats the related issue. Identifying the relevant parallel regime is not always easy. Indeed, sometimes the laws most pertinent to the production of consumer information are more general in nature—think, for example, of the role that simple trespass law plays in determining what we know about how our meat is …
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen M. Maurer
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen M. Maurer
South Carolina Law Review
No abstract provided.
Qualified Immunity, Mistaken Shootings, And The Persistent Importance Of Perspective: Henry V. Purnell, 652 F.3d 524 (4th Cir. 2011)(En Banc), Stephen Wills Murphy
Qualified Immunity, Mistaken Shootings, And The Persistent Importance Of Perspective: Henry V. Purnell, 652 F.3d 524 (4th Cir. 2011)(En Banc), Stephen Wills Murphy
South Carolina Law Review
No abstract provided.
State Immunity From Patent Infringement Lawsuits: Inverse Condemnation As An Alternative Remedy, Wesley D. Greenwell
State Immunity From Patent Infringement Lawsuits: Inverse Condemnation As An Alternative Remedy, Wesley D. Greenwell
South Carolina Law Review
No abstract provided.
The Meaning Of Essentially At Home In Goodyear Dunlop, Allan Stein
The Meaning Of Essentially At Home In Goodyear Dunlop, Allan Stein
South Carolina Law Review
No abstract provided.
The Wrong Tool For The Job: The Ip Problem With Noncompetition Agreements, Viva R. Moffat
The Wrong Tool For The Job: The Ip Problem With Noncompetition Agreements, Viva R. Moffat
William & Mary Law Review
This Article argues that employee noncompetition agreements ought to be unenforceable. It begins by recognizing that there is momentum for change in the law of noncompetes: a number of states and the American Law Institute (ALI) are in the process of reconsidering noncompete doctrine, and recent empirical studies provide evidence as to the mostly negative effects of the agreements. Existing critiques have focused on the problematic nature of noncompetes within the employment relationship. This Article synthesizes those critiques, adding support from empirical studies, and then examines noncompetes from a new perspective.
Commentators have neither recognized nor evaluated the role noncompetes …
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
William & Mary Law Review
No abstract provided.
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
William & Mary Law Review
No abstract provided.
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Indiana Law Journal
In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …
Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon
Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon
William & Mary Bill of Rights Journal
No abstract provided.
To Infinity And Beyond: The Problem Of Open-Ended Product Claim Language In The Unpredictable Arts,, John P. Zimmer
To Infinity And Beyond: The Problem Of Open-Ended Product Claim Language In The Unpredictable Arts,, John P. Zimmer
South Carolina Law Review
No abstract provided.
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
Saint Louis University Law Journal
No abstract provided.
Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua Sarnoff, Ann Shalleck
Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua Sarnoff, Ann Shalleck
Saint Louis University Law Journal
No abstract provided.
America’S Bad Bet: How The Unlawful Internet Gambling Enforcement Act Of 2006 Will Hurt The House, Peterpaul Shaker J.D.
America’S Bad Bet: How The Unlawful Internet Gambling Enforcement Act Of 2006 Will Hurt The House, Peterpaul Shaker J.D.
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
William & Mary Law Review
When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient …