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This paper addresses the complexity of legal issues arising as a result of the deployment of international investment agreements (IIAs), as substantive regulatory and enforcement devices, for the protection of intellectual property rights. Its overriding analytical framework, proposes that...
Persistent link: https://www.econbiz.de/10012841383
This comment is submitted in response to the Japan Fair Trade Commission's (JFTC's) request for public comments on the Draft Partial Amendment to the Guidelines for the Use of Intellectual Property under the Antimonopoly Act (Draft Amendment). The Draft Amendment specifies that seeking...
Persistent link: https://www.econbiz.de/10013016119
Intellectual property is increasingly important due to technology's rapid development. The importance of intellectual property is also reflected within universities as traditional centers of research and expression, where students and faculty are encouraged to develop inventions and creative...
Persistent link: https://www.econbiz.de/10012922251
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
Patent exhaustion enjoys a reputation as a well-established doctrine of “over 160 years” with a further “impeccable historic pedigree” reaching back to Lord Coke’s seventeenth century property writings. The doctrine allows purchasers of patented goods to use those items according to...
Persistent link: https://www.econbiz.de/10013249591
The behavior of nature at the smallest scale can be strange and counterintuitive. In addition to unique physical characteristics, quantum technology has many legal aspects. In this article, we first explain what quantum technology entails. Next, we discuss implementation and areas of...
Persistent link: https://www.econbiz.de/10013251129
The most significant innovation in recent years has been blockchain technology. Such innovations demand a response from the law. The most significant innovation of the last twenty-five years has been the internet. The relative lack of government regulation in the domain of public law has been...
Persistent link: https://www.econbiz.de/10013251465
Persistent link: https://www.econbiz.de/10013033205
The significance of data as an economic good in the digital economy quickly raises the question of who owns the data. More specifically, within the context of a data marketplace in which data is being exchanged or traded and where different bundles of rights (property rights) are trans-ferred...
Persistent link: https://www.econbiz.de/10011947674
The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent law. I argue that this notion is conceptually flawed, and has become a straightjacket channeling juristic reasoning into unproductive channels. At root, a license is not a...
Persistent link: https://www.econbiz.de/10014172527