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In 1909, Congress for the first time subjected intellectual property protections to compulsory licensing and rate regulation. A compulsory or statutory license is a legal requirement that mandates that the owner of the intellectual property allow third parties to make reproductions of the...
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As Intellectual Property becomes increasingly vital to our nation's wealth and prosperity, the need to ensure its protection on a global basis increases correspondingly. The American economy suffers staggering losses each year to international IP theft. According to the IP Theft Commission...
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Intellectual property is a critical driver of economic prosperity. But there is a serious problem that our government needs to address to enhance the protection of IP and, thereby, to spur even further IP's contribution to the economy and job growth. Several foreign countries insufficiently...
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Surprisingly, although the rationale articulated in Chevron in support of the deference doctrine might suggest that independent agencies should receive less deference than executive branch agencies, the question has not been examined in the courts and it has received very little attention in the...
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The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to...
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In the ten years since enactment of the Telecommunications Act of 1996, the telecommunications industry has undergone profound technological and marketplace changes. In this article, I argue that the current statute regulates communications services, variously denominated as telecommunications,...
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