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2019

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Articles 61 - 90 of 654

Full-Text Articles in Intellectual Property Law

Google’S Keyword Advertisement In Taiwan: No Use Of Trademark, But Obviously Unfair, Kung-Chung Liu Oct 2019

Google’S Keyword Advertisement In Taiwan: No Use Of Trademark, But Obviously Unfair, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Taiwan IP Court in its capacity as the first instance court with a single-judge panel has in a 2012 Min-Shan-Su-Zi 22 decision (decided on 24 January 2013) for the first time dealt with the legal liability of a search engine, namely Google, in its keyword advertisement practice concerning one famous trademark in Taiwan.


Taiwan Ip Court Decisions Tend To Treat Likelihood Of Confusion And Likelihood Of Dilution As Mutually Interchangeable, Kung-Chung Liu, Fa-Chang Cheng Oct 2019

Taiwan Ip Court Decisions Tend To Treat Likelihood Of Confusion And Likelihood Of Dilution As Mutually Interchangeable, Kung-Chung Liu, Fa-Chang Cheng

Research Collection Yong Pung How School Of Law

The Taiwan Intellectual Property Court (IP Court) ruled in its capacity as the first instance court that the well-known trademark and the alleged infringing trademark at dispute were not the same or similar, and therefore neither likelihood of confusion nor dilution of the plaintiff’s well-known trademark occurred. The IP Court further found that the defendant has not been “knowingly using words contained in another person’s well-known registered trademark as the name of a company”, because the allegedly infringing corporate name was not exactly the same Chinese characters as the well-known trademark. The plaintiff appealed the case to the appellate instance …


Principles For Applicable Law For Trademark Infringement In Taiwan Applicable To Cases Involving Hong Kong Companies, Kung-Chung Liu Oct 2019

Principles For Applicable Law For Trademark Infringement In Taiwan Applicable To Cases Involving Hong Kong Companies, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

The present trademark infringement case involved a defendant which is a Hong Kong company and has a business address in Taiwan. The present first-instance decision rendered by a single judge recognises that Taiwanese courts have jurisdiction and Taiwanese Trademark Act is the applicable law,1 which is in line with the decisions of Taiwan’s IP Court in its capacity as the second instance court. However, it resorted only to Article 25 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (“Act”), which is different from the decisions rendered by Chambers 1 and 2 of the Taiwan …


Potential Liability For Physicians Using Artificial Intelligence, W. Nicholson Price Ii, Sara Gerke, I Glenn Cohen Oct 2019

Potential Liability For Physicians Using Artificial Intelligence, W. Nicholson Price Ii, Sara Gerke, I Glenn Cohen

Articles

Artificial intelligence (AI) is quickly making inroads into medical practice, especially in forms that rely on machine learning, with a mix of hope and hype. Multiple AI-based products have now been approved or cleared by the US Food and Drug Administration (FDA), and health systems and hospitals are increasingly deploying AI-based systems. For example, medical AI can support clinical decisions, such as recommending drugs or dosages or interpreting radiological images.2 One key difference from most traditional clinical decision support software is that some medical AI may communicate results or recommendations to the care team without being able to communicate the …


Disguised Patent Policymaking, Saurabh Vishnubhakat Oct 2019

Disguised Patent Policymaking, Saurabh Vishnubhakat

Faculty Scholarship

Patent Office power has grown immensely in this decade, and the agency is wielding its power in predictably troubling ways. Like other agencies, it injects politics into its decisions while relying on technocratic justifications. It also reads grants of authority expansively to aggrandize its power, especially to the detriment of judicial checks on agency action. However, this story of Patent Office ascendancy differs from that of other agencies in two important respects. One is that the U.S. patent system still remains primarily a means for allocating property rights, not a comprehensive regime of industrial regulation. Thus, the Patent Office cannot …


Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei Oct 2019

Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei

Fordham Law Review

This Note examines whether new developments in intellectual property enforcement are able to fix the notorious counterfeiting issue in China, particularly with counterfeit cosmetics. Counterfeit cosmetics are a threat to public safety in the United States and globally, especially as the cosmetics industry continues to expand. There are two opposing views on whether China’s intellectual property regime—in light of the 2017 to 2019 developments—is able to address the issue. This Note proposes that even with recent developments, current laws and enforcement methods do not reduce counterfeit production. Instead, this Note argues that the Chinese government should use educational campaigns to …


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston Sep 2019

Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern Sep 2019

Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes Sep 2019

A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha Sep 2019

The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh Sep 2019

Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Striking The Balance: How States Can Protect Both Str Advocates And Opponents, James Stumpf Sep 2019

Striking The Balance: How States Can Protect Both Str Advocates And Opponents, James Stumpf

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Maloney V. T3media, Inc. 853 F. 3d 1004, (9th Cir. 2017), Ralph Loyola Sep 2019

Maloney V. T3media, Inc. 853 F. 3d 1004, (9th Cir. 2017), Ralph Loyola

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Cassirer V. Thyssen-Bornemisza Collection Foundation 862 F. 3d 951, (9th Cir. 2017), Alyssa Pullara Sep 2019

Cassirer V. Thyssen-Bornemisza Collection Foundation 862 F. 3d 951, (9th Cir. 2017), Alyssa Pullara

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Leapers, Inc. V. Smts, Llc, Melissa Cole Sep 2019

Leapers, Inc. V. Smts, Llc, Melissa Cole

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Sophia: Exploring The Ways Ai May Change Intellectual Property Protections, Elizabeth Rocha Sep 2019

Sophia: Exploring The Ways Ai May Change Intellectual Property Protections, Elizabeth Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Systematic Cultural Appropriation And The Israeli-Palestinian Conflict, Luma Zayad Sep 2019

Systematic Cultural Appropriation And The Israeli-Palestinian Conflict, Luma Zayad

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Elliot V. Google, Inc., 860 F.3d 1151 (9th Cir. 2017), Kayla Jewell Sep 2019

Elliot V. Google, Inc., 860 F.3d 1151 (9th Cir. 2017), Kayla Jewell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Joseph Matal V. Tam 137 S. Ct. 1744 (2017), Elly Goettelman Sep 2019

Joseph Matal V. Tam 137 S. Ct. 1744 (2017), Elly Goettelman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Y U No Let Me Share Memes?! - How Meme Culture Needs A Definitive Test For Noncommercial Speech, Elizabeth Rocha Sep 2019

Y U No Let Me Share Memes?! - How Meme Culture Needs A Definitive Test For Noncommercial Speech, Elizabeth Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Repurposing Old Drugs For New Uses, Kathryn Brown Sep 2019

Repurposing Old Drugs For New Uses, Kathryn Brown

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Tagged: Graffiti's Advancements In Mainstream Culture Through Expanded Copyright Protection In Williams V. Cavalli, Luma Zayad Sep 2019

Tagged: Graffiti's Advancements In Mainstream Culture Through Expanded Copyright Protection In Williams V. Cavalli, Luma Zayad

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Baldwin V. Emi Feist Catalog, Inc., 805, F.3d 18 (2d Cir. 2015), Tom Calascibetta Sep 2019

Baldwin V. Emi Feist Catalog, Inc., 805, F.3d 18 (2d Cir. 2015), Tom Calascibetta

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Three Years Of Change: Recent Court Cases Under The Video Privacy Protection Act, Chris King Sep 2019

Three Years Of Change: Recent Court Cases Under The Video Privacy Protection Act, Chris King

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


2016 Nchl Moot Court Competition Best Brief, Diana Cao, Bryan Trader, Nalani Crisologo Sep 2019

2016 Nchl Moot Court Competition Best Brief, Diana Cao, Bryan Trader, Nalani Crisologo

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.