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This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
In this Article, I offer a macroeconomic perspective on law that reshapes the microeconomic perspective that currently dominates law and economics. I argue that 1. The economy works one way in ordinary economic conditions, in which supply capacity determines output, and a different way in deep...
Persistent link: https://www.econbiz.de/10012984608
The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system embodies this power, but does it fulfill its essential purpose? This Note explores the scope of the exclusive rights of patents, arguing that in many circumstances the exclusive...
Persistent link: https://www.econbiz.de/10014214389
Patent nonuse occurs when a patentee fails to commercialize its patent, such as when the patent has no present commercial value or when attempts to license it have been unsuccessful. Patent nonuse may have anticompetitive purposes as well, and will lead to technology suppression when a patented...
Persistent link: https://www.econbiz.de/10014072101
This paper discusses models of law and regulation of Artificial Intelligence (“AI”). The discussion focuses on four models: the black letter model, the emergent model, the ethical model, and the risk regulation model. All four models currently inform, individually or jointly, integrally or...
Persistent link: https://www.econbiz.de/10013252027
In July 2014, against the backdrop of an escalating conflict in Ukraine and the crash of a civilian passenger airliner in the active combat zone there, the OECD's sanctions against Russia were severely toughened. A ban was imposed on the issuance of long-term loans (for periods over 90 days) to...
Persistent link: https://www.econbiz.de/10013047285
The protracted international dispute on currency manipulation has exposed the weakness of the contemporary international economic law framework in regulating the sovereign intervention on foreign exchange rate. The legal mandate of the WTO on currency manipulation remains questionable and the...
Persistent link: https://www.econbiz.de/10013099993
One prong of the antitrust litigation against Microsoft Corporation challenges the terms under which Microsoft has licensed its Windows operating system to computer manufacturers (OEMs). Plaintiffs complain that the license agreements' requirement that the first screen to appear when customers...
Persistent link: https://www.econbiz.de/10014193556
One prong of the antitrust litigation against Microsoft Corporation challenges the terms under which Microsoft has licensed its Windows operating system to computer manufacturers (OEMs). Plaintiffs complain that the license agreements' requirement that the first screen to appear when customers...
Persistent link: https://www.econbiz.de/10014193704
The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and...
Persistent link: https://www.econbiz.de/10012965820