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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
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
An “invention,” as used in the United States patent laws, refers to anything made by man that employs or harnesses a law of nature or a naturally occurring substance for human benefit. A watermill, for instance, harnesses the power of gravity to run machinery. But legal methods, such as tax...
Persistent link: https://www.econbiz.de/10014156769
Controversies often arise at the interfaces where intellectual property ("IP") law meets other topics in law and economics, such as property law, contract law, and antitrust law. Participants in the debates over how to mediate these interfaces often view each interface as a special case...
Persistent link: https://www.econbiz.de/10014073451
This article discusses the potential impact of live streaming on the commercial sports industry and analyzes whether commercial sports enterprises have the legal power to stop live streaming of professional and collegiate sporting events. Part I of this article explores the history of live...
Persistent link: https://www.econbiz.de/10013003559
In European legal scholarship, many articles discuss the equilibrium reached in the case-law of the Court of Justice of the European Union (“CJEU”) when the EU antitrust prohibitions apply to, and restrain, the free and ordinary use of intellectual property rights (“IPRs”). We call this...
Persistent link: https://www.econbiz.de/10012935999
Competition authorities in foreign jurisdictions have recently adopted or are considering guidelines on applying competition law to intellectual property rights (IPR). A common concern that certain exercises of IPR can restrict competition underlies IPR provisions that would enable competition...
Persistent link: https://www.econbiz.de/10014040825
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
This paper consists in the “Lens of London” documentary which is created by Queen Mary students of Intellectual Property Law under the US jurisdiction. The focus of this paper are the issues such as: what is a performer, who owns the copyright of the work, credit and pre-existing work...
Persistent link: https://www.econbiz.de/10014109291
Remote working raises new legal issues that were not previously considered in-depth or on such a global scale after the pandemic. This shift in the place, time, and manner, in which work is carried out poses certain threats to the determination of intellectual property (IP) rights between an...
Persistent link: https://www.econbiz.de/10013310113