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Intellectual Property Law

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Institution
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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 Mar 2024

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 Dec 2022

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 Jul 2022

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 Jul 2022

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 Jan 2022

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 Jul 2021

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 Jun 2020

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 Jan 2019

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 Apr 2017

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 Apr 2017

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. Jan 2017

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 Mar 2016

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 Jan 2015

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 Oct 2014

Intuitive Planning, Emily M. Morris

South Carolina Law Review

No abstract provided.


Why Manufacturing Matters: 3d Printing, Computer-Aided Designs, And The Rise Of End-User Patent Infringement, Sklyer R. Peacock May 2014

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 Apr 2014

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 Jan 2014

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 Jul 2012

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 Jul 2012

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 Apr 2012

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 Dec 2010

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 Nov 2009

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 Nov 2009

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 Oct 2009

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 Mar 2009

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 Jul 2008

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 Jan 2008

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 Jan 2008

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. Jan 2007

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 Nov 2006

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 …