{"title":"The Trademark as a Novel Innovation Index","authors":"Brian J. Focarino","doi":"10.2139/SSRN.2622197","DOIUrl":"https://doi.org/10.2139/SSRN.2622197","url":null,"abstract":"When studying the relationship that exists between entrepreneurship and intellectual property, patents receive the most scholarly attention. The attention makes sense when we consider that patents are closely associated with technical progress, grant temporary monopolies that incentivize investment in research & development (R&D), and function as vectors of technological dissemination in and of themselves. In a number of industries however, conventional forms of innovation often associated with patenting are minimal or missing altogether, and require us to look elsewhere to discern innovative behavior.This Essay highlights novel applications for trademark law to entrepreneurial activity in low-technology industries and low-financing locations around the world. This Essay illustrates both functions through the examination of trademark application activity in China as opposed to European industrialized nations at various points over the past thirty years. This Essay then discusses the many ways by which trademarks can impact the life-cycle of firms engaged in everything from social networking to men’s fragrances. In doing so, this Essay explores the varied relationship trademarks have with entrepreneurial activity in developed and developing nations, as well as in high and low technology industries. The result is a novel look at novel behavior, taking us beyond the Silicon Valley hacker house and into the farmhouses of China, the public houses of Ireland, and the fashion houses of Germany.","PeriodicalId":188433,"journal":{"name":"Journal of Business Entrepreneurship and the Law","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127767830","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}
{"title":"Creating a Workable Legal Standard for Defining an Independent Contractor","authors":"G. M. Kryda, Karen R. Harned, Elizabeth A. Milito","doi":"10.2139/SSRN.1492158","DOIUrl":"https://doi.org/10.2139/SSRN.1492158","url":null,"abstract":"Determining whether a particular worker should be classified as an employee or an independent contractor currently depends heavily upon the specific circumstances of employment. Although current legal approaches are meant to be flexible, the open-endedness of the current tests means that many business owners struggle with fitting their employees into the proper categories. A business that misclassifies employees, whether in good faith or on purpose, will face expensive penalties. Audits for such misclassifications are becoming more frequent, indicating that more and more business owners struggle because of uncertainty in the law. Also, the number of businesses using non-traditional work arrangements is increasing, meaning that this problem is likely becoming more widespread.This article proposes a workable legal standard for defining an independent contractor - the step-back test, based on business practice and on contract law. The next sections of this article summarize current business considerations and legal requirements before turning to the proposed standard. The independent contractor model has been used throughout U.S. history, primarily for its flexibility and cost advantages. In attempting to define the individual’s “degree of control,” current legal requirements often conflate classification with enforcement. These two functions need to be disentangled and focus concentrated on simplifying the appropriate classification of workers.","PeriodicalId":188433,"journal":{"name":"Journal of Business Entrepreneurship and the Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123206162","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}
{"title":"Liability Redefined: The Application of Agency Law to an Athletic Booster’s Relationship with an NCAA Member Institution","authors":"J. Lee","doi":"10.2139/ssrn.3541282","DOIUrl":"https://doi.org/10.2139/ssrn.3541282","url":null,"abstract":"","PeriodicalId":188433,"journal":{"name":"Journal of Business Entrepreneurship and the Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128395850","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}
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