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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
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 rightsholders and other members of society. Copyright norms try to …
Persistent link: https://www.econbiz.de/10013220201
The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent … of the Copyright Act of 1976, which has been (erroneously) construed as a statute of frauds governing contract formation …
Persistent link: https://www.econbiz.de/10014172527
. 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
same conditions, a copyright strategy could result in a tragedy of the anticommons (Heller 1998, Buchanan 2000). We study … 'innovate' producing words from given letters, and face the choice to copyright or copyleft their words. Subsequent words can be …
Persistent link: https://www.econbiz.de/10013067277
Economic theory has struggled to produce a coherent narrative justifying the implementation of intellectual property regimes, although a variety of rationales have been advanced as explanations. The most prevalent justification characterizes the subject matter of intellectual property in terms...
Persistent link: https://www.econbiz.de/10013008037