14,323 research outputs found
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,
OpenFest 2023 Sheffield Showcase session recording: Keynote 2 - Andrew Beckerman (University of Sheffield), The Central Role of Being Nice in Open Science
No full textRecording of the second keynote from the OpenFest 2023 Sheffield Showcase', which took place on 6 September 2023 and which brought together researchers from the University of Sheffield and Sheffield Hallam University to discuss open research practice:Andrew Beckerman (University of Sheffield), The Central Role of Being Nice in Open ScienceProfessor Beckerman has been an Editor-in-Chief for more than 10 years at a large Open Access Journal and collaborates with a PhD student focusing on barriers and opportunities in Open Research, Open Data and Open Access. Here, he'll focus on how being nice - as a scientist, author, referee, Associate Editor, Editor and even Publisher, can go a long way towards accelerating the benefits of OR/OD and OA.Andrew Beckerman is Professor in Evolutionary Ecology in the School of Biosciences at the University of Sheffield. He is also the editor in chief for Ecology and Evolution and a member of the Board of Directors at Dryad. His work addresses the structure, complexity and dynamics of food webs, using optimal foraging theory to define the rules linking predators and prey and predicting the impacts of multiple simultaneous threats to ecosystems.</p
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Patent Law
No full textThis article addresses the contemporary issue of balancing the need for patent protection for intellectual property with the resulting restriction of public access to new technology. The author argues that patent law protects private property rights rather than creating monopolies. Additionally, the author discusses how restricting access to patented technology, such as pharmaceuticals, can affect public health problems, such as the HIV/AIDS epidemic in developing nations. The author then concludes with some proposals for making patented technology available to people in developing nations who need access to such technology but who are unable to afford its high costs due to patent protection
Patent Law: Balancing Profit Maximization and Public Access to Technology
No full textThis article addresses the contemporary issue of balancing the need for patent protection for intellectual property with the resulting restriction of public access to new technology. The author argues that patent law protects private property rights rather than creating monopolies. Additionally, the author discusses how restricting access to patented technology, such as pharmaceuticals, can affect public health problems, such as the HIV/AIDS epidemic in developing nations. The author then concludes with some proposals for making patented technology available to people in developing nations who need access to such technology but who are unable to afford its high costs due to patent protection
Father Andrew Mullen 1790-1818: a study in early nineteenth century spirituality
No full textThis thesis is laid out in three parts: Part I. The life and death of Andrew Mullen. The life is based, to a large extent, on a long letter to his mother, Catherine Mullen, dated 7 January 1810. The letter gives a definite insight into his spirituality based on his membership of the Archconfraternity of the Blessed Sacrament. There is a hint that he had a premonition of an early death. Part II. The burial of Andrew Mullen and the immediate cult to him This is based on documentary evidence. Part III. Most of this part is a catalogue of testimonies taken from 1993 onwards. Then there is the conclusion on the popular devotion to Andrew Mullen stressing the theological aspect of the subject. In the course of writing the thesis it was decided to separate the documentary evidence from the oral tradition. This was advantageous in developing the thesis, and the documents provided a secure basis for the oral tradition. Two pieces of information were found in March 1997. They are death notices: 2 January 1819, The Leinster Journal and 7 January 1819, The Car low Morning Post. There is a slight discrepancy between the two on the date of his death. Also this discrepancy shows a slight difference from the date of the tombstone
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 ,
The Interaction of Patent Exhaustion and Transactions in Patented Goods After \u3cem\u3eImpression Products v. Lexmark International\u3c/em\u3e
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Design Patent Evolution: From Obscurity to Center Stage
No full textDesign Patient Evolution: From Obscurity to Center Stag
Toward a Limited Right of Publicity: An Argument for the Convergence of the Right of Publicity, Unfair Competition and Trademark Law
No full textThe right of publicity — the most recently developed type of intellectual property — allows a person to control commercial use of his or her identity. The scope of the right has expanded significantly since its inception because many courts and commentators have misinterpreted it, viewing it as a pure property right justified by a labor or unjust enrichment theory. Rather, this article contends that it should be evaluated in light of the utilitarian justification for intellectual property law. Rewarding people by allowing them to monetize their public persona is not the goal of the right of publicity. The goal should be to incentivize individuals to engage in creative endeavors for the benefit of the public. Accordingly, a right of publicity action should only be available if commercial use of an individual’s persona will result in the likelihood that consumers will be misled into thinking the individual endorsed or approved of the use of his or her identity. However, such confusion-based conduct is already actionable under trademark and unfair competition law. Therefore, I argue that any use of a person’s persona that creates an association with the person but does not create a likelihood that consumers will think the person endorsed or approved of the commercial use should only be actionable if the person is famous. This is consistent with trademark dilution law, which limits association-based trademark actions to famous trademarks. This approach places the right of publicity within the domain of intellectual property law and preserves the existing balances between protecting property rights, preventing free riding, and preserving robust free speech rights
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