Top PDF Intellectual Property: Law & the Information Society—Cases and Materials

Intellectual Property: Law & the Information Society—Cases and Materials

Intellectual Property: Law & the Information Society—Cases and Materials

The idea is that one gains insight by comparing the strategies these very different legal regimes adopt. The proof of that pudding will be in the eating. Our readings will also deal with the claim that the term “intellectual property” actually causes more harm than good. This book is built around six perspectives. Some are introduced as separate chap- ters, while others are woven into the materials and the problems throughout the entire class. The first deals with the main rationales for (and against) intellectual property. The second focuses on the constitutional basis for, and limitations on, that property in the United States. The third is the substance of the course; the basic doctrinal details of trade- mark, copyright and patent, and the broad outlines of trade secrecy, which is protected both by state rules and a new Federal cause of action. The fourth concentrates on the way that intellectual property law reacts dynamically to changes in technology. We will focus on what happens when trademark law has to accommodate domain names, when copy- right—a legal regime developed for books—is expanded to cover software and when patent law’s subject matter requirements meet the networked computer on the one hand and genetic engineering on the other. In particular, the copyright portion of the course, which takes up the largest amount of material, will detail extensively how judges and legislators used the limitations and exceptions inside copyright law to grant legal protec- tion to those who create software, while trying to minimize anti-competitive or monop- olistic tendencies in the market. The fifth deals with the metaphors, analogies, similes and cognitive “typing” we apply to information issues. This is an obviously artificial property right created over an intangible creation; the way that the issue is framed—the baselines from which we proceed, the tangible analogies we use—will have a huge in- fluence on the result. Finally, the conclusion of the course tries to synthesize all of these perspectives to point out prospects, and guiding principles, for the future.
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IDEAS ON INTELLECTUAL PROPERTY LAW

IDEAS ON INTELLECTUAL PROPERTY LAW

The TTAB concluded that consumers were likely to believe that health care services and similarly marked printed materials come from the same source or are somehow connected with or sponsored by a common company. The TTAB recognized that, in the context of food products associated with restaurants, the Fed- eral Circuit requires “something more” than the fact that similar or identical marks are used. It asserted, though, that the something-more standard didn’t apply in this case.

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INTELLECTUAL PROPERTY LAW IN THE INFORMATION SOCIETY

INTELLECTUAL PROPERTY LAW IN THE INFORMATION SOCIETY

information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that: (a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or

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INTELLECTUAL PROPERTY: LAW & THE INFORMATION SOCIETY

INTELLECTUAL PROPERTY: LAW & THE INFORMATION SOCIETY

There is no need to assume inventive or nefarious behavior for these concerns to become a reality. Unlike other forms of intellectual property, copyright protection is both instant and automatic. It vests as soon as a work is captured in a tangible form, triggering a panoply of exclusive rights that can last over a century. 17 U.S.C. §§ 102, 106, 302. If Georgia were correct, then unless a State took the affirmative step of transferring its copyrights to the public domain, all of its judges’ and legislators’ non- binding legal works would be copyrighted. And citizens, attorneys, nonprofits, and private research companies would have to cease all copying, distribution, and display of those works or risk severe and potentially criminal penalties. §§ 501–506. Some affected parties might be willing to roll the dice with a potential fair use defense. But that defense, designed to accommodate First Amendment concerns, is notoriously fact sensitive and often cannot be resolved without a trial. The less bold among us would have to think twice before using official legal works that illuminate the law we are all presumed to know and understand.
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Intellectual Property Law cases

Intellectual Property Law cases

Subsequently, the IPO Director of Legal Affairs, Estrellita Beltran-Abelardo, rendered a Decision dated 22 December 2003, [13] in favor of petitioner.According to said Decision, petitioner had the legal capacity to sue in the Philippines, since its country of origin or domicile was a member of and a signatory to the Convention of Paris on Protection of Industrial Property. And although petitioner had never done business in the Philippines, it was widely known in this country through the use herein of products bearing its corporate and trade name. Petitioners marks are internationally well-known, given the world-wide registration of the mark IN-N-OUT, and its numerous advertisements in various publications and in the Internet. Moreover, the IPO had already declared in a previous inter partes case that In-N- Out Burger and Arrow Design was an internationally well-known mark. Given these circumstances, the IPO Director for Legal Affairs pronounced in her Decision that petitioner had the right to use its tradename and mark IN-N-OUT in the Philippines to the exclusion of others, including the respondents. However, respondents used the mark IN N OUT in good faith and were not guilty of unfair competition, since respondent Sehwani, Incorporated did not evince any intent to ride upon petitioners goodwill by copying the mark IN-N-OUT Burger exactly. The inside of the letter O in the mark used by respondents formed a star. In addition, the simple act of respondent Sehwani, Incorporated of inquiring into the existence of a pending application for registration of the IN-N-OUT mark was not deemed fraudulent. The dispositive part of the Decision of the IPO Director for Legal Affairs reads:
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intellectual property law cases

intellectual property law cases

The question raised by petitioner involve the scope and application of sections 3,7, 11, 13, and 20 of the Trade-Mark Law (Act No. 666.) Section 3 provides that "any person entitled to the exclusive use of a trade-mark to designate the origin or ownership of goods he has made or deals in, may recover damages in a civil actions from any person who has sold goods of a similar kind, bearing such trade- mark . . . The complaining party . . . may have a preliminary injunction, . . . and such injunction upon final hearing, if the complainant's property in the trade-mark and the defendant's violation thereof shall be fully established, shall be made perpetual, and this injunction shall be part of the judgment for damages to be rendered in the same cause." Section 7 provides that any person who, in selling his goods, shall give them the general appearance of the goods of another either in the wrapping of the packages, or in the devices or words thereon, or in any other feature of their appearance, which would be likely to influence purchasers to believe that the goods offered are those of the complai nant, shall be guilty of unfair competition, and shall be liable to an action for damages and to an injunction, as in the cases of trade-mark infringement under section 3. Section 11 requires the applicant for registration of a trade-mark to state, among others, "the general class of merchandise to which the trade-mark claimed has been appropriated." Section 13 provides that no alleged trade-mark or trade name shall be registered which is identical with a registered or known trade-mark owned by another and appropriate to the same class of merchandise, or which to nearly resembles another person's lawful trade-mark or trade-name as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers. And section 2 authorizes the Director of Commerce to establish classes of merchandise for the purpose of the registration of trade-marks and to determine the particular description of articles included in each class; it also provides that "an application for
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Intellectual property cases often

Intellectual property cases often

Most of the cases discussing the application of eBay in the trade secret context come from district courts in the Second Circuit, which interpret the Second Circuit’s decision in Salin- ger 103 as mandating a broad application of the eBay rationale to all injunctive relief cases. In Liberty Power Corp. v. Katz, the district court denied a motion for preliminary injunction seeking to enjoin the defendants from using Liberty Power’s proprietary business information to solicit its customers. 104 The district court found that Liberty Power was likely to suc- ceed on the merits of its claim that the defendants misappro- priated its trade secrets, but the court denied the preliminary injunction motion because Liberty Power did not show an actual or imminent risk of irreparable harm. After analyzing eBay and Salinger, the court held that no presumption of irreparable harm applies even in cases where a plaintiff has established that the defendant has likely misappropriated its trade secrets, and “a trade secret plaintiff must establish on a case-by-case basis that there is an actual or imminent risk that it will suffer irreparable harm in the absence of a preliminary injunction.” 105 The court then concluded that Liberty Power failed to explain why it would suffer irreparable harm without an injunction because the harm that might result from the defendants’ use of trade secrets to solicit customers to com- peting electricity suppliers would be measurable and compen- sable through an award of damages after trial.
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INTELLECTUAL PROPERTY LAW

INTELLECTUAL PROPERTY LAW

But what about the long tradition of enjoining misappropriation of trade secrets in California and every other state? The court denied that it was throwing out the entire body of trade secret law. It explained that the legion of tradi- tional trade secret cases all involved “the actual use of a secret or the breach of a con- tractual obligation.” In other words, those cases involved trade secret violations by means of conduct, not by means of speech. And so the defendants remained free, pending trial on the merits, to spread the DeCSS code through- out the world.

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Intellectual Property Law

Intellectual Property Law

Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Law Commons This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu.

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Intellectual Property Law

Intellectual Property Law

Follow this and additional works at: https://scholar.smu.edu/smulr This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. Recommended Citation

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Rebalancing Intellectual Property In The Information Society: The Human Rights Approach

Rebalancing Intellectual Property In The Information Society: The Human Rights Approach

Ana E. Santos Page 10 the Court did not hear any cases on intellectual property, a scenario that changed with Dima v. Romania 32 and Anheuser-Busch v. Portugal 33 . In Dima v. Romania, an admissibility decision, the Court addressed the case of a Romanian graphic artist who worked in the Defence Ministry's plastic arts studio and created a new State emblem for a competition supported by the Romanian Parliament. In 1992, his design was approved by the Parliament. Dima developed it and it was later published in the Official Gazette, which identified him as being “the graphic designer”. In 1996, Dima brought suit against two private companies that had reproduced and distributed his design and a State owned company that minted of Romanian coins, claiming that he was entitled to a statutory percentage of the profits. The Romanian Supreme Court dismissed his claims, considering that, although Dima had created himself the State emblem, it was the Parliament who had commissioned it and therefore the Parliament should be deemed the “author” of the design.
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Guest Editorial: Contemporary Issues at the intersection of Intellectual Property Law and Society

Guest Editorial: Contemporary Issues at the intersection of Intellectual Property Law and Society

This special issue of SCRIPTed contains a collection of five articles: four from the “Intellectual Property” stream of the Socio-Legal Studies Association’s annual conference in 2017, held in Newcastle; and, one from the regular submissions received by the journal. The Socio-Legal Studies Association’s annual conference, running since 1990, facilitates the discussion and dissemination of recent research in the field of socio-legal studies. 1 The Intellectual Property stream 2 attracts

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Intellectual Property Law & Competition Law

Intellectual Property Law & Competition Law

5. IP Issues in Mergers & Acquisitions Intellectual Property (IP) is the latest form of wealth in today’s largely information based economy where tremendous value is placed on inventions, discoveries and knowledge of the same, as production and growth depends on them. As a result, IP assets which range from well-known assets like patents, copyright, trademarks, know-how and trade secrets to newer ones like mask-works and internet domain names form a substantial part of company assets. 34 For quite some time now, they have played a key role in mergers and acquisitions both at the national and global level, many of which take place with the sole aim of acquiring IP assets belonging to the transferor/target company and all rights therein. 35 One reason for this is the fact that given the rapid pace at which technology is developing, most companies find it more economical to purchase newly developed intellectual property. Also, developing one’s own technology may be too expensive or uncertain which means acquisition is the only way of staying competitive. Further, doing so helps to expand and improve business performance depending on factors like the value of the IP assets and rights in them, potential benefits etc.
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Litigation Strategies for Intellectual Property Cases

Litigation Strategies for Intellectual Property Cases

In order to overcome the challenges in this area, it is important to manage your case properly. Therefore, you should assemble a project team whose members have clearly assigned responsibilities. For example, one team member could have responsibility for document production and review, another could have responsibility for damages, and so on. And the lead lawyer has to manage the case as a project manager would manage any kind of complex project. This is something that lawyers certainly are not taught in law school, and it is not something that everybody can do naturally or intuitively. Nevertheless, I believe that it is very important to manage a complex patent case well and to have clear communication with your client so that your client knows what is going on. It is essential to have everybody on the same page, and pulling their oars in the same direction.
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Intellectual Property Law Reviewer

Intellectual Property Law Reviewer

Upon complaint of BJ Productions, Inc., an information for violation of P.D. No.49 was filed against the officers of IXL Productions, Inc. and RPN Channel 9. However, upon the petition of IXL Productions, Inc., the complaint was eventually dismissed Secretary of Justice Franklin Drilon. BJ Productions, Inc. then filed a petition with the Supreme Court questioning this decision of Secretary Drilon. Respondents dismissed the case on the ground that petitioners had failed to establish probable cause because of their failure to present the copyrighted master tapes of Rhoda and Me. Petitioners, on the other hand, claim that the presentation of the master tapes was not necessary, since written descriptions of the formats of the two television shows were presented during the preliminary investigation. It was also from these descriptions that the investigating prosecutor found substantial similarities and ruled that there was indeed infringement of copyright, as the two shows were practically exact copies of the other. Respondents in this case also contend that BJ Production, Inc.'s copyright covers only a specific episode of Rhoda and Me and that the formats or concepts of dating game shows are not covered by copyright protection under P .D. No.49. Petitioners, on the other hand, asserted that the format of Rhoda and Me is a product of ingenuity and skill and is thus entitled to copyright protection.
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Intellectual Property Law Training

Intellectual Property Law Training

Unnecessary costs and property law training next decade of the context of government on the course. Expect from law and more personal, implementing patent law enforcement including this course can you may sound costly. Included for your training to the business law and examples of the problem? Regulatory body of intellectual property law enforcement and information or more effectively combat transnational organized networks behind ip such as well as to know. Against a training in intellectual property law at the apple and the publisher or combined with physics at any reason for people who need over the practice. Gifted with focus of intellectual law firm, with a survey of debts, the fact of experience! Apply for students and a hack to maintain the world. Country if you describe the basic but prerequisites for people who want to pharmaceutical. Forms and of intellectual training to obtain permission form online through training with people who are grouped according to complete patent agent and good. Song or online intellectual law schools in each and the federal and skills. Needed to educating global training and service marks, and grant trade marks, students and courses. Select this course in order to decide if a law and how we are provided were in india. Feature of intellectual property law enforcement ip programs of all trainees. Gamut of law enforcement with the american bar, the effects of commerce can be able to all pages are a very good. Modes of intellectual law firm, where disputes often arise and how to go over formal training and easy to the course. Areas of intellectual training platform is located at the basic requirements. Manage online through motions, i still vulnerable in every aspect of protectible works. Because our courses for your expertise in touch that. Evidently aimed to intellectual property law enforcement ip course is a past president of technological areas of scope. Forward to focus on any prior contract management training platform allows you need to a case.
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IDEAS ON INTELLECTUAL PROPERTY LAW

IDEAS ON INTELLECTUAL PROPERTY LAW

decision and sent the case back for further consider- ation. The Federal Circuit again found both isolated DNA and cDNA patent-eligible. Upon hearing the case yet again this year, the Supreme Court noted that laws of nature, natural phenomena and abstract ideas are basic tools of sci- entific and technological work that lie beyond the domain of patent protection. However, the Court said, this rule against patents on naturally occurring things has limits, because patent protection strikes a delicate balance between: 1) creating incentives for creation, invention and discovery, and 2) impeding the flow of information that might spur invention.
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IDEAS ON INTELLECTUAL PROPERTY LAW

IDEAS ON INTELLECTUAL PROPERTY LAW

decision and sent the case back for further consider- ation. The Federal Circuit again found both isolated DNA and cDNA patent-eligible. Upon hearing the case yet again this year, the Supreme Court noted that laws of nature, natural phenomena and abstract ideas are basic tools of sci- entific and technological work that lie beyond the domain of patent protection. However, the Court said, this rule against patents on naturally occurring things has limits, because patent protection strikes a delicate balance between: 1) creating incentives for creation, invention and discovery, and 2) impeding the flow of information that might spur invention.
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IDEAS ON INTELLECTUAL PROPERTY LAW

IDEAS ON INTELLECTUAL PROPERTY LAW

SEVEN This publication is designed to familiarize the reader with matters of general interest relating to intellectual property law. It is distributed for informational purposes only, not for obtaining employment, and is not intended to constitute legal advice. Legal counsel should be consulted with regard to specific application of the information on a case-by-case basis. The author, publisher and distributor assume no liability whatsoever in connection with the use of the information contained in the publication. IIPam09

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THE INTELLECTUAL PROPERTY LAW AND THE INTERNET

THE INTELLECTUAL PROPERTY LAW AND THE INTERNET

A number of other cases have also been heard regarding Acybersquatting@. Cybersquatting is a term used to describe the registration of, sometimes, hundreds of domain names in the name of a person who cannot claim any legal right to those names and who merely intends to sell the names at a profit to the true trade mark owners. In a case regarding the well-known trade mark PANAVISION, the defendant Toeppen registered the panavision.com as an Internet domain name. He established a website under the name, but did not use it in relation to any goods or services, but displayed an aerial view of PANA, Illinois. The true proprietor of the PANAVISION trade mark, Panavision International informed Mr Toeppen that it wanted to register the domain name, but Mr Toeppen demanded an amount of US$13 000 to transfer the domain name to Panavision. Panavision refused to pay the amount and subsequently Mr Toeppen registered another trade mark of Panavision=s PANAFLEX as a domain name for a website on which he posted only the message AHello@. Mr Toeppen was a known Acybersquatter@, who had registered hundreds of other well-known trade marks as domain names. The Court in this instance found that Mr Toeppen was running a scheme to hold the plaintiff hostage by registering the plaintiff=s marks as domain names. As a result, the Court ruled against Mr Toeppen.
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