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creativity (focusing on patent, trade secret, and copyright protection) and protecting integrity of the commercial marketplace … copyright law and direct consumer protection statutes and public enforcement in the case of trademarks). …
Persistent link: https://www.econbiz.de/10014023491
. Somewhat analogous to copyright law, it also presents a Downward Patent-Eligibility Hand Abstractions Test from an alleged …
Persistent link: https://www.econbiz.de/10014156915
intellectual property coalitions that fought these battles have splintered with copyright and patent holders pursuing initiatives … opposition. Until now, copyright interest groups has enjoyed the most success in enacting legislative change through the …
Persistent link: https://www.econbiz.de/10014161916
Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional … corporate, agency, and tort law doctrines. This manuscript explores why the case law in federal patent and copyright cases … articulations of individual officer liability found in both patent and copyright law can be attributed to two factors: (1) the …
Persistent link: https://www.econbiz.de/10013052722
, like copyright law, use a fair use defense to address problems of market failure. Dean O'Rourke proposes just such a … defense that, while modeled on copyright doctrine, accounts for and protects patent law's particular incentive scheme …
Persistent link: https://www.econbiz.de/10014225016
The Constitution grants Congress the power to promote the progress of science and the useful arts through the intellectual property clause. Scholars and the courts understand “progress” to mean an increase in the creation and dissemination of copyrighted works and patented inventions It is...
Persistent link: https://www.econbiz.de/10014083347
Copyright legislation has been amended in many countries to provide legal protection to access- and use … copyright law, in conjunction with anticircumvention technology, is invoked to provide concurrent protection for a patented or … the Copyright Act can be misused to expand the patent monopoly. One recommendation is to change the proposed provisions in …
Persistent link: https://www.econbiz.de/10012754495
In the context of the WTO, intellectual property rights (IPR) are codified in the TRIPS-agreement. While covering all the different types of IPR, landmark cases of the still young history of TRIPS have dealt with commercial copyrights. This paper summarizes the basic economics of the IPR branch...
Persistent link: https://www.econbiz.de/10014170435
My legal analysis of key Supreme Court decisions and amendments to the Copyright Act interpreted in light of the … copyright quintet indicates that Canadian jurisprudential developments will probably reduce copyright royalty stacking. The … potential implications discussed in this chapter are substantial. Changes in Canadian copyright law could reduce royalties …
Persistent link: https://www.econbiz.de/10014133252
In this book chapter, we provide a roadmap of the sources of data on the various forms of intellectual property protection. We first explain what data is available about patents, copyrights, trademarks, and other types of intellectual property, and where to find it. Then we identify and analyze...
Persistent link: https://www.econbiz.de/10014133796