1,720,957 research outputs found
Patent Law - Balancing Profit Maximization and Public Access to Technology
No full textPatents are a subset of the larger field of law known as intellectual property law. At its most basic level, intellectual property is the broad term applied to the things that "spring" from a person's mind. These can include, among other things, new drugs, new methods of doing business, computer software, a trademark or logo used to sell a product, a song, a play or a new financial product.Patents, Patent Law, Pharmaceuticals, World Trade Organization, HIV, AIDS, licensing, developing nations, Trade Related Aspects of Intellectual Property Rights, Trips Agreement ,
Design Patent Evolution: From Obscurity to Center Stage
Get PDFDesign Patient Evolution: From Obscurity to Center Stag
Prior Restraints and Intellectual Property: The Clash between Intellectual Property and the First Amendment from an Economic Perspective
No full textFreedom of speech and private property rights are among the fundamental concepts upon which the United States is built.2 Freedom of speech favors free dissemination of ideas and information.3 From an economic perspective, this encourages the free flow of creative ideas and innovation into the marketplace,4 which facilitates the development of private economic enterprises. Private property rights, in contrast, are based on restricting access and use of private property. A private proprety owner is given exclusive "monopoly-like" rights to decide who can access or use her property.5 Such rights are also important to the development of private economic enterprises.6Freedom of Speech, First Amendment, Trade Secrets,
Trade Secrets - The New Risks to Trade Secrets Posted by Computerization
No full textBusiness enterprises have always relied on intellectual property to further economic goals. 1 Well-known trademarks have been critical to the success of many consumer product companies that have spent years inculcating the public with an association between their products and a specific trademark. 2 Entire industries, such as publishing, music, and software, rely on intellectual property rights afforde by copyright law 3 to protect their investments. Patents 4 provide protection for much of the research and development activities conducted by commercial enterprises. Trade secret law 5 is utilized both as an alternative to patent protection and to protect commercial information that is outside the scope of patent protection.Trade Secrets, Trade Secret Law, Uniform Trade Secrets Act, Economic Espionage Act,
A Jurisprudential Approach to Common Law Legal Analysis
No full textIn this Article, Professor Beckerman-Rodau explores an array of underlying policy concerns that shape judicial decision making. Various members of society identify these policy concerns differently, depending on their points of view. Professor Beckerman-Rodau suggests that the purpose and goals of law shift over time to accommodate and reflect changing societal norms. At the same time, however, certain underlying policies, most significantly equity and uniformity, are universal in their application in the legal system. Because every rule of law is based on several underlying and often conflicting policy considerations, Professor Beckerman-Rodau argues that these competing considerations are expressed in the form of multi-layer, bi-polar, or in some cases, multi-polar continuums. Specifically, the employment requirement of vicarious liability represents bi-polar continuum considerations, whereas the reasonableness test of covenants-not-to-compete exemplifies a multi-polar continuum approach to law. An examination of the right of publicity typifies the significance of policy considerations in the evolution of this relatively new cause of action. Preventing consumer confusion, protecting business reputations, and recognizing intellectual property rights are policy concerns that will affect the scope of protection provided by the right of publicity. The weight that decision makers assign to these competing policy considerations is inevitably a product of a combination of factors such as individual biases, collective norms, and the overarching goal of law as a mechanism for the fair resolution of disputes.Legal Analysis, Law, Legal Theory,
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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