Law & Society: Private Law eJournal最新文献_第10页

Trade Treaties and Patent Policy: Searching for a Balanced Approach 贸易条约与专利政策:寻找一个平衡的方法

Law & Society: Private Law eJournal Pub Date : 2014-11-12 DOI: 10.2139/ssrn.2529296

H. Moir

引用次数: 4

To a Question on the Legal Nature of a Frame Agreement in the Light of Enhancement of the Russian Civil Legislation (К Вопросу О Правовой Природе Рамочного Договора в Свете Совершенствования Российского Гражданского Законодательства)

Law & Society: Private Law eJournal Pub Date : 2014-11-09 DOI: 10.2139/SSRN.2521061

M. A. Egorova

{"title":"To a Question on the Legal Nature of a Frame Agreement in the Light of Enhancement of the Russian Civil Legislation (К Вопросу О Правовой Природе Рамочного Договора в Свете Совершенствования Российского Гражданского Законодательства)","authors":"M. A. Egorova","doi":"10.2139/SSRN.2521061","DOIUrl":"https://doi.org/10.2139/SSRN.2521061","url":null,"abstract":"English Abstract: The article analyzes expected changes in the Civil code of the Russian Federation, the devoted models of a frame agreement; the comparative characteristic of a frame agreement and the agreement with open conditions is given; the criteria determining the maintenance of a frame agreement and its distinctive features among other organizational transactions are resulted.Russian Abstract: в статье анализируются предполагаемые изменения в Гражданском кодексе РФ, посвященные модели рамочного договора; дается сравнительная характеристика рамочного договора и договора с открытыми условиями; приводятся критерии, определяющие содержание рамочного договора и его отличительные особенности в ряду иных организационных сделок.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122654690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The High Court Rules that Post-Petition Income Taxes on the Sale of Farm Assets Are Not Discharged Pursuant to Chapter 12 of the Bankruptcy Code 高等法院裁定，根据《破产法》第12章，不得免除出售农场资产的申请后所得税

Law & Society: Private Law eJournal Pub Date : 2014-11-07 DOI: 10.2139/SSRN.2520646

M. Aquilio

{"title":"The High Court Rules that Post-Petition Income Taxes on the Sale of Farm Assets Are Not Discharged Pursuant to Chapter 12 of the Bankruptcy Code","authors":"M. Aquilio","doi":"10.2139/SSRN.2520646","DOIUrl":"https://doi.org/10.2139/SSRN.2520646","url":null,"abstract":"In Hall v. U.S., 132 S. Ct. 1882 (2012), the Supreme Court ruled that federal income tax liabilities due to individual debtors’ sales of farm assets during the pendency of a Chapter 12 bankruptcy reorganization are not subject to collection or discharge in the debtors’ plan. The Court opined that the post-petition income taxes are not unsecured claims under Bankruptcy Code §1222(a)(2)(A) as they were not “incurred by the estate” under Bankruptcy Code §503(b). Under Code §1222(a)(2)(A), a Chapter 12 plan must provide for full payment of all claims entitled to priority under Code §507 unless the claim is owed to a governmental unit arising from the sale of any farm asset used in the debtor’s farming operation, in which case it will be treated as an unsecured claim. Code §507(a)(8) gives priority to certain pre-petition taxes while Code §507(a)(2) gives priority to administrative expenses allowed under Code §503(b). Code §503(b)(1)(B)(i) allows for any tax “incurred by the estate” to be treated as an administrative expense. The Court gave the phrase “incurred by the estate” its plain meaning and applied I.R.C. §§1398 and 1399, reasoning that under I.R.C. the Chapter 12 estate was not a separate taxable entity and that the debtor was individually responsible for the tax. In reaching its decision, the Court viewed the statute’s plain language, context, and structure.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125900122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Digital Patent Infringement in an Era of 3D Printing 3D打印时代的数字专利侵权

Law & Society: Private Law eJournal Pub Date : 2014-11-02 DOI: 10.2139/ssrn.2483550

T. Holbrook, Lucas S. Osborn

{"title":"Digital Patent Infringement in an Era of 3D Printing","authors":"T. Holbrook, Lucas S. Osborn","doi":"10.2139/ssrn.2483550","DOIUrl":"https://doi.org/10.2139/ssrn.2483550","url":null,"abstract":"The digital revolution has now moved beyond music and video files. A person can now translate three-dimensional objects into digital files and, at the press of a button, recreate those items via a 3D printer or similar device. Just as digitization placed pressure on the copyright system, so will these digital computer-aided design (CAD) files stress the patent system. Patents directed to physical objects can now have their value appropriated — not by the transfer of physical embodiments — but by the making, selling, and transferring of CAD files designed to print the invention. We term this phenomenon digital patent infringement. We explore the ways the patent system can respond to protect patent owners against the appropriation of their inventions via these digital files. First, we explore whether indirect infringement doctrines sufficiently protect patent holders against these CAD files. Given the nature of likely accused indirect infringers, we conclude, contrary to earlier literature, that these doctrines likely are not up to the task. Second, we offer novel theories of direct “digital” patent infringement based on the CAD files alone. We consider whether offers to sell and sales of these files should constitute direct patent infringement. Because such commercial activity is an appropriation of the economic value of the patented invention, we believe the law should recognize such an infringement theory. Next, rejecting the prior assumptions of the literature, we provocatively explore whether the CAD files alone should be viewed as infringement for making the patented device, given the de minimis effort it takes to create the item via a 3D printer or related device. As a technological matter, the line between digital and tangible has eroded to the point where one could view these files as infringement. As a legal and policy matter, however, such expansion of patent infringement liability could have significant chilling effects on other actors and incentives, giving us pause in extending liability in this context.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131238482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 38

Direct Payment Clauses and the Fraud Upon the Bankruptcy Law Principle: Re Horizon Earthworks Ltd. (Bankrupt) 直接付款条款与破产法中的欺诈原则:瑞宏土方有限公司(破产)

Law & Society: Private Law eJournal Pub Date : 2014-11-01 DOI: 10.29173/ALR19

R. Wood

引用次数: 0

From Regulation to Behaviour Change: Giving Nudge the Third Degree 从监管到行为改变:给轻推第三度

Law & Society: Private Law eJournal Pub Date : 2014-11-01 DOI: 10.1111/1468-2230.12094

R. Baldwin

引用次数: 146

Welfare Reform and the Shifting Threshold of Support for Disabled People 福利改革与残疾人救助门槛的转移

Law & Society: Private Law eJournal Pub Date : 2014-11-01 DOI: 10.1111/1468-2230.12096

N. Harris

引用次数: 5

How Real is the Concern that Seed Patents Will Turn Farmers into Inadvertent Infringers? 对种子专利将农民变成无意侵权者的担忧有多真实?

Law & Society: Private Law eJournal Pub Date : 2014-10-22 DOI: 10.1089/BLR.2014.9975

Christopher M. Holman

{"title":"How Real is the Concern that Seed Patents Will Turn Farmers into Inadvertent Infringers?","authors":"Christopher M. Holman","doi":"10.1089/BLR.2014.9975","DOIUrl":"https://doi.org/10.1089/BLR.2014.9975","url":null,"abstract":"The fear that farmers could be found liable for patent infringement based on the inadvertent presence of patented genetically modified plants on the farmer’s fields has led to calls for limitations on the scope and enforceability of patents. These “reforms” would be especially problematic for agricultural biotechnology companies like Monsanto, but the repercussions could be more widespread, impacting a host of important cutting-edge technologies like synthetic biology and nanotechnology. Although stories of farmers being sued by Monsanto after their fields where inadvertently contaminated by genetic drift are widely circulated, inadvertent infringement based upon genetic drift or the presence of trace amounts of contaminating patented seed in a farmer’s field does not appear to have ever resulted in a lawsuit by Monsanto. The situation, however, might become more complicated in the not too distant future as advances in technology and developments in the market render it increasingly likely that infringement lawsuits will be filed in cases where it is more difficult to prove that a farmer has taken overt action unambiguously establishing the intentional use of patented technology, or even knowledge that a patented plant is growing in the farmer’s field. When faced with a case in which the equities tilt more favorably in favor of an accused farmer, courts should strive to maintain a balance between the desire to protect potentially “innocent” infringers and the need to maintain a vibrant patent system to foster further innovation in this important area of technology.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115693109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Fashioning a General Common Law for Employment in an Age of Statutes 成文法时代的就业普通法的形成

Law & Society: Private Law eJournal Pub Date : 2014-10-17 DOI: 10.2139/SSRN.2511265

Michael C. Harper

{"title":"Fashioning a General Common Law for Employment in an Age of Statutes","authors":"Michael C. Harper","doi":"10.2139/SSRN.2511265","DOIUrl":"https://doi.org/10.2139/SSRN.2511265","url":null,"abstract":"In the current post-Erie age of statutes the Supreme Court continues to have potential influence over the development of a “general” common law used to decide recurring issues governed by state law. This influence, which has drawn little commentary, derives from the Court’s authority to consider analogous issues when filling gaps in federal statutes, sometimes through express reliance on general common law. The influence is through the power to persuade, like that of the federal judiciary in its general common lawmaking age of Swift, rather than through the power to command, like that of the federal judiciary in the formulation of the specialized federal common law of the post-Erie era. The Court’s post-Erie role in general common law making has been evident recently in a series of decisions interpreting federal employment statutes. In those decisions the Court has relied in part on common law as formulated in the Restatement Second of Agency, but also has modified that formulation in ways that could enhance the common law applied by state courts. The American Law Institute in turn has considered and in part relied upon the Court’s participation in the common law making process in the production of its Restatement of Employment Law, which will be granted final approval in May, 2014. By using examples from the Court’s recent employment law decisions, this article highlights how the Court can influence common law through its delegated authority to make law through statutory interpretation.","PeriodicalId":142986,"journal":{"name":"Law & Society: Private Law eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122156026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Nuisance 讨厌的东西

Law & Society: Private Law eJournal Pub Date : 2014-10-09 DOI: 10.1007/978-1-4614-7883-6_10-1

Keith N. Hylton

引用次数: 5