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This contains the basic rules of procedure in filing cases for violation of intellectual property rights. Jurisprudence on infringement of patents, trademarks/tradenames and copyrights are also discussed
Persistent link: https://www.econbiz.de/10014143056
Contemporary intellectual property law applications illustrate a very dynamic and rapidly evolving conceptual environment. The proverbial conflict has been between the protection of intellectual creation and the general freedom to create de novo, including expressions of one’s intellect that...
Persistent link: https://www.econbiz.de/10014172643
Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more...
Persistent link: https://www.econbiz.de/10014143121
In some countries an IP owner’s attempts to defend or enforce its IP rights in a conventional way may face difficulties, particularly if the country’s judiciary is not able to effectively render justice since it lacks the necessary resources, if the courts are subject to interventions by the...
Persistent link: https://www.econbiz.de/10014360282
In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...
Persistent link: https://www.econbiz.de/10013220201
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
One of the fundamental principles of copyright law is the expression vs. idea dichotomy, which states that copyright does not protect ideas but only expressions of ideas. According to this principle, a person who merely contributes an idea to a copyright work cannot claim authorship or joint...
Persistent link: https://www.econbiz.de/10014161155
In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), a statute designed to prevent the further spread of state-sponsored sports-wagering. The statute’s language has the effect of granting a property right to sports leagues, implicating the Constitution’s...
Persistent link: https://www.econbiz.de/10014141955
Outer space ... shall be the province of all mankind. The historic launch by the then Union of Soviet Socialist Republics (“USSR”) of Sputnik I on October 4, 1957 signaled the beginning of the space race. The following years witnessed such seminal events as the placing of men in orbit and...
Persistent link: https://www.econbiz.de/10014190610
Tracing back to the Venetian patent law of the 1400s the motivation underlying the grant of the patent was to encourage inventorship and contribution to society. Today patents have become a financial commodity treated much as any other asset of a business. Despite the evolution of the social...
Persistent link: https://www.econbiz.de/10014133170