ERPN: IP (Other) (Sub-Topic)最新文献

Authorship and Ownership in Respect of Celebrities and Cinematographic Work 关于名人和电影作品的著作权和所有权

ERPN: IP (Other) (Sub-Topic) Pub Date : 2021-04-02 DOI: 10.2139/ssrn.3852161

N. Jain, Sai Srinivas Reddy

{"title":"Authorship and Ownership in Respect of Celebrities and Cinematographic Work","authors":"N. Jain, Sai Srinivas Reddy","doi":"10.2139/ssrn.3852161","DOIUrl":"https://doi.org/10.2139/ssrn.3852161","url":null,"abstract":"The celebrities’ right to privacy has been a topic of contention and has usually been seen to be disrespected and misunderstood a number of times. There have been several cases of apparent abused of such rights through misappropriation in numerous ways. Celebrities are also construed to have rights such as those of publicity and to not have their identity infringed and abused. There is always a danger of misuse and leak of their data and privacy which is why their rights become an important issue of contention. There have been numerous reporting of misrepresentation, false representation, defamation and use of images and other data, often without permission. In fact, it is not just outsiders, but employers in most cases that are the cause of the problem, using surveillance systems and like instruments in order in the garb of maintenance of theft and harassment who cause intrusion into the privacy of the employees. This is often done by use of hidden cameras, monitoring computer systems, e-mail, website and other software and like devices. Given the dangers and problems involved, recognition of rights in respect of cinematographic work is essential in the realm of intellectual property rights.","PeriodicalId":218824,"journal":{"name":"ERPN: IP (Other) (Sub-Topic)","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131763983","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

Noncompetes and Other Post-Employment Restraints on Competition: Empirical Evidence from Trade Secret Litigation 竞业禁止和其他离职后竞争限制:来自商业秘密诉讼的经验证据

ERPN: IP (Other) (Sub-Topic) Pub Date : 2020-12-01 DOI: 10.2139/ssrn.3740693

Christopher B. Seaman

{"title":"Noncompetes and Other Post-Employment Restraints on Competition: Empirical Evidence from Trade Secret Litigation","authors":"Christopher B. Seaman","doi":"10.2139/ssrn.3740693","DOIUrl":"https://doi.org/10.2139/ssrn.3740693","url":null,"abstract":"Noncompete clauses in employment agreements are both common and controversial. An estimated 28 million Americans—nearly 20% of the U.S. workforce—are currently bound by a noncompete. The traditional view that noncompete agreements can facilitate increased productivity by encouraging employers to invest in employee training has been challenged by numerous legal and economics scholars, who contend noncompetes hinder employment options for skilled workers and limit information spillovers, which are both vital drivers of innovation. Based on these claims, several states have recently limited the enforcement of noncompetes, and similar legislation is pending at the federal level. Despite their widespread use, empirical research regarding noncompetes is fragmented and incomplete. In particular, there have been few empirical studies based on actual employment agreements. This paper helps fill an important gap in the existing literature. Using a novel dataset of over 500 employment agreements that have been publicly disclosed in trade secret litigation in federal court, it finds that noncompetes are more frequently enforced against technical and sales personnel than high-ranking corporate executives. In addition, it finds that noncompetes are common for employees with a base salary below $100,000 per year and that California-based employees are significantly less likely to be bound by a noncompete. The implications of these and other findings from the dataset are discussed in the final section of the paper. ","PeriodicalId":218824,"journal":{"name":"ERPN: IP (Other) (Sub-Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125682641","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

Taxing the Transfer of Intellectual Property: Reporting, Auditing, and Revaluation 对知识产权转让征税:报告、审计和重估

ERPN: IP (Other) (Sub-Topic) Pub Date : 2020-10-14 DOI: 10.2139/ssrn.3711726

R. Sansing

引用次数: 0

Competition and Intellectual Property Rights: Interface and Interdependence in Indian Context 竞争与知识产权:印度背景下的界面与相互依赖

ERPN: IP (Other) (Sub-Topic) Pub Date : 2020-07-26 DOI: 10.2139/ssrn.3677720

Sankalp Jain

引用次数: 0

Knocking off Firm Value 降低公司价值

ERPN: IP (Other) (Sub-Topic) Pub Date : 2020-01-21 DOI: 10.2139/SSRN.3231962

M. Canayaz, Umit G. Gurun

引用次数: 1

Regulatory and Policy Issues Arising from Intellectual Property and Investor-State Dispute Settlement in the EU: A Closer Look at the TTIP and CETA 欧盟知识产权和投资者与国家争端解决机制的监管和政策问题:对TTIP和CETA的进一步观察

ERPN: IP (Other) (Sub-Topic) Pub Date : 2019-10-18 DOI: 10.4337/9781788977821.00037

C. Geiger

{"title":"Regulatory and Policy Issues Arising from Intellectual Property and Investor-State Dispute Settlement in the EU: A Closer Look at the TTIP and CETA","authors":"C. Geiger","doi":"10.4337/9781788977821.00037","DOIUrl":"https://doi.org/10.4337/9781788977821.00037","url":null,"abstract":"For the European Union (EU), the dynamics of signing bilateral trade and investment agreements with third countries is steadily going forward. Good examples of such agreements are the controversial “Comprehensive Economic and Trade Agreement” (“CETA”) between Canada and the EU and, the Transatlantic Trade and Investment Partnership (“TTIP”) that has been negotiated between the European Union and the United States since 2013. The CETA and TTIP agreements have given rise to concerns in European public opinion, particularly due to the secret nature of the discussions surrounding the negotiation process. Both agreements contain provisions dedicated to intellectual property rights but their principal characteristic lies in the inclusion of intellectual property rights in the list of investments protected by a specific section of the agreement. If implemented, the enforcement of this protection would be entrusted to arbitration tribunals or to a special court for the protection of investments that is yet to be set up. Hence the question arises whether the regulation of intellectual property by the European Union or one of its Member States, in a way that would affect the scope of the intellectual property rights held by certain large private companies, could be considered as a potential threat to their investments. If this was the case, proceedings could be brought against the EU or one of its Member States, leading to the risk of considerable limitations being imposed on legislators in the necessary implementation of a balanced and effective intellectual property law in Europe.","PeriodicalId":218824,"journal":{"name":"ERPN: IP (Other) (Sub-Topic)","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127020371","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

Implications of 3D Printing on Economy, Value Chains, and Intellectual Property 3D打印对经济、价值链和知识产权的影响

ERPN: IP (Other) (Sub-Topic) Pub Date : 2018-01-15 DOI: 10.2139/ssrn.3636472

J. Montes

引用次数: 0

Crossfertilizing ISDS with TRIPS

ERPN: IP (Other) (Sub-Topic) Pub Date : 2017-08-17 DOI: 10.2139/SSRN.2974439

Peter K. Yu

{"title":"Crossfertilizing ISDS with TRIPS","authors":"Peter K. Yu","doi":"10.2139/SSRN.2974439","DOIUrl":"https://doi.org/10.2139/SSRN.2974439","url":null,"abstract":"In the past few years, investor-state dispute settlement (ISDS) has garnered considerable scholarly, policy and media attention. Such attention can be partly attributed to the negotiation of the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership (TTIP). It can also be attributed the growing use of ISDS to address international disputes involving intellectual property investments. Recent examples include Philip Morris’s now-failed attempts to challenge the tobacco control measures in Australia and Uruguay and Eli Lilly's equally unsuccessful effort to invalidate the patentability requirements in Canada. \u0000Written for a symposium on investor-state arbitration, this article focuses on the growing use of ISDS in the intellectual property area and explores what reforms can be undertaken to improve this mechanism. It begins by highlighting the substantive problems posed by ISDS in this area. It further examines the mechanism's deleterious impact on the multilateral intellectual property system built upon the TRIPS Agreement. This article then calls for greater crossfertilization between ISDS and the WTO system. Specifically, it advances a two-tier proposal calling for institutional reforms concerning arbitral panels while advocating the establishment of a new ISDS appellate body. This proposal draws on both the European Union's proposal for the TTIP investment chapter and the existing WTO dispute settlement process. This article concludes by assessing the strengths and limitations of this proposal and offers some preliminary responses to its critics.","PeriodicalId":218824,"journal":{"name":"ERPN: IP (Other) (Sub-Topic)","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121028770","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: 1

The Multiple Dimensions of Intellectual Property Infringement in the 3D Printing Era 3D打印时代知识产权侵权的多维度

ERPN: IP (Other) (Sub-Topic) Pub Date : 2017-06-02 DOI: 10.17863/CAM.45195

Jane Nielsen, J. Liddicoat

引用次数: 4

Trademark as a Property Right 商标作为一种产权

ERPN: IP (Other) (Sub-Topic) Pub Date : 2017-03-25 DOI: 10.2139/SSRN.2941763

Adam Mossoff

{"title":"Trademark as a Property Right","authors":"Adam Mossoff","doi":"10.2139/SSRN.2941763","DOIUrl":"https://doi.org/10.2139/SSRN.2941763","url":null,"abstract":"Although trademark is a property right, the conventional wisdom among modern commentators and prominent judges is that it is only a regulatory entitlement that promotes consumer welfare. This essay fills a lacuna in modern trademark theory by identifying why nineteenth-century courts first defined trademark as a property right, and how this explains the structure of trademark doctrines today. The key insight is that a trademark is a use-right that is derived from and logically appurtenant to a separate and broader property right owned by a commercial enterprise — goodwill. Trademark thus shares many conceptual and doctrinal similarities to other use-right-based property rights that are appurtenant to larger estates, such as easements and riparian interests. This thesis is important, because it explains the nature and limits of this property right, such as, among other doctrines, why trademarks must be used in the marketplace, why trademarks cannot be separated from a commercial enterprise’s goodwill, and, perhaps most importantly, why trademarks are not full, independent property rights like a fee simple in land or title in a patent. The usufructuary nature of the property interest in a trademark thus clarifies what many scholars and judges view as its alleged doctrinal peculiarities. It is only because they have unmoored trademark rights from their original definition and justification as use-right property interests that they are themselves confused about trademark rights and the nature of the doctrines that define and limit its use in the marketplace.","PeriodicalId":218824,"journal":{"name":"ERPN: IP (Other) (Sub-Topic)","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126626725","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