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The Creative Commons License : Is Validity Enough? A Review of Liability and Enforceability in Creative Commons Licensing
Leeuw, Emerald - 2013
A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short … articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This paper, on … recognised by the national courts and this can lead to complications regarding the enforceability of the licence. This paper will …
Persistent link: https://www.econbiz.de/10014153518
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Are joint patents collusive? : evidence from the US and Europe
Fosfuri, Andrea; Helmers, Christian; Roux, Catherine - 2013
We investigate whether patents that are jointly held by legally independent companies help sustain product-market collusion. We use a simple model of repeated interactions to show that joint patents can serve collusive purposes. Our model generates two testable predictions: when joint patents...
Persistent link: https://www.econbiz.de/10009791540
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In Re Tempnology : Revisiting Trademark Licensing in Bankruptcy
Gupta, Aditya; Mehta, Hiral - 2021
May 20, 2019 witnessed the promulgation of a judgement by the United States Supreme Court which settled a circuit split created by the Court of Appeals for the First Circuit and answered a question which was the subject of quandary for the American legal fraternity for more than 35 years. A...
Persistent link: https://www.econbiz.de/10013215457
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Injunctions and hold-up under weak patent protection
Sim, Kyoungbo - In: KDI-journal of economic policy 42 (2020) 2, pp. 1-30
This paper analyzes how injunctions relate to patent hold-up problems. To this end, we present a simple model of licensing negotiations between a patent holder and a downstream firm in the shadow of litigation. More specifically, we consider the situation in which an injunction is granted as a...
Persistent link: https://www.econbiz.de/10012294025
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Harmonizing the Exclusionary Rights of Patents with Compulsory Licensing
Gwartney, Troy L. - 2009
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
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A License to Kill (Innovation)? Open Source Licenses and Their Implications for Innovation
Tsur, Michal; David, Shay - 2014
This paper examines the implications of Open Source License (OSL) selection on software innovation, and suggests how modifying the Open Source Definition, or modifying certain provisions in OSLs that have become de-facto standard licenses in open source development, could better accommodate the...
Persistent link: https://www.econbiz.de/10014060876
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Idea
Noto La Diega, Guido - 2023
Psychology studies have for some time shown that, as humans, we tend to recognise the ownership of ideas and that the unauthorised use of others’ ideas is frowned upon (Olson and Shaw, 2011). Morally, a person is often said to have a natural right to the product of their brain (Vaver, 1990)....
Persistent link: https://www.econbiz.de/10014346137
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Knowledge Commons (2016)
Madison, Michael J.; Strandburg, Katherine J.; … - 2019
This chapter describes methods for systematically studying knowledge commons as an institutional mode of governance of … to the role(s) of intellectual property systems in institutional contexts concerning innovation and creativity. Knowledge … commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a …
Persistent link: https://www.econbiz.de/10014125267
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Knowledge Commons (2019)
Madison, Michael J.; Frischmann, Brett M.; Strandburg, … - 2019
This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons … refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a … commons institutions on a case study basis, generating qualitative data that may be used to support comparative analysis …
Persistent link: https://www.econbiz.de/10014109485
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Public Interest, Public Domain, Commons and Patent Law (In French)
Van Overwalle, Geertrui - 2010
the public domain, and last but not least, the concept of the commons …
Persistent link: https://www.econbiz.de/10014188521