scholarly journals Pornografía no consentida: alternativas en el ordenamiento jurídico de la propiedad intelectual de Estados Unidos

2020 ◽  
Vol 13 (00) ◽  
pp. 141-169
Author(s):  
Fredrick Vega Lozada
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Legal System ◽  
North American ◽  
United States Of America ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Electronic Communications ◽  
Privacy Act

Non-consensual pornography is an act of violence that undermines the dignity, reputation and honor of people. This research presents some of the existing legal alternatives to face these acts of violence with intellectual property law, specifically with copyright. This research is based on the legal system of the United States of America, the United States Copyright Law of 1976, the Electronic Non-Theft Act of 1997, The Communication Decency Law of 1996, The Electronic Communications Privacy Act of 1986, the Digital Millennium Copyright Act of 1998 and the exceptions and clarifications presented by the jurisprudence. The investigation concludes that there are alternatives available to victims of these acts of non-consensual pornography. However, to make North American copyright remedies accessible to victims, it is recommended to amend some of the current Acts analyzed.

scholarly journals Should the New Zealand Parliament Allow the Intellectual Property Office of New Zealand to Continue to Grant Patents for Isolated Human Genes?

2013 ◽  
Vol 44 (1) ◽  
pp. 91
Author(s):  
Ruth Upperton
Keyword(s):  
United States ◽  
New Zealand ◽  
Intellectual Property ◽  
United States Of America ◽  
The United States ◽  
Property Law ◽  
Human Genes ◽  
Legal Perspective ◽  
Myriad Genetics ◽  
Patentable Subject Matter

It is time for New Zealanders to decide whether we want to allow patents over isolated human genes. In making this decision, we should take heed of the pitfalls other jurisdictions have encountered in this area. In this article, I determine the approach New Zealand intellectual property law should take to the patenting of isolated human genes, with reference to the arguments and issues raised by the Myriad Genetics litigation in the United States of America. I conclude that a nuanced approach should be adopted. Isolated human genes are not patentable subject-matter from a legal perspective; however, patents in the field of gene therapeutics should be allowed on policy grounds.

The Emergence and Development of United States Intellectual Property Law

2017 ◽  
Author(s):  
Oren Bracha
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
History Of ◽  
Three Stages ◽  
Further Development

This chapter surveys the history of intellectual property law in the United States from its colonial origins to the present, and focuses on the three subfields that have a claim for seniority in terms of their longevity and importance: patent, copyright, and trademark. The development of these subfields is described as a process in which law has interacted with technology, economic factors, ideology, and politics. The chapter describes how at the end of the eighteenth-century American patent and copyright law emerged out of two sources: British laws and institutions and local colonial practices. The further development of American intellectual property law is analysed as comprising three stages: early patent, copyright, and trademark law; the consolidation of the modern framework of these fields through significant transformations beginning in the second half of the nineteenth century; and the various developments from the early twentieth century to the present.

scholarly journals Freezing Financial Assets in The United States and in Mexico: Contrasts in Constitutionality and Legal Parallels

2019 ◽  
Vol 11 (2) ◽  
pp. 115
Author(s):  
Delia Sánchez Castillo
Keyword(s):  
United States ◽  
Civil Rights ◽  
Money Laundering ◽  
Legal System ◽  
United States Of America ◽  
Due Process ◽  
The United States ◽  
Financial Assets ◽  
The Us

The purpose of this article is to understand how asset freezing works in the United States of America and in Mexico, as well as the contrasts and similarities in both systems. The threats posed to civil rights that can arise from asset freezing led us to compare the judicial criteria held by the US Courts and the corresponding reasoning in the Mexican legal system. Alternative rulings from European courts are also considered. Finally, some recommendations are made to improve due process in the Mexican legal system after preventing money laundering and funding terrorism when freezing financial assets.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

scholarly journals Comparative characteristics of intellectual property judges: Ukraine, United Kingdom, USA

2020 ◽  
pp. 107-111
Author(s):  
M.I. Logvynenko ◽  
M.G. Shunko
Keyword(s):  
United States ◽  
Great Britain ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
United States Of America ◽  
The United States ◽  
Criminal Cases ◽  
The Usa ◽  
Specialized Courts

The article deals with the comparative characterization of specialized courts for the protection of intellectual property rights in Ukraine and developed foreign countries, such as Great Britain and the USA. The article deals with the historical background of the creation of a specialized court on intellectual property in Ukraine, as well as the legal systems in the field of protection of intellectual property rights of Great Britain and the USA, the analysis and consideration of the current judicial systems – in the consideration of civil and criminal cases in the field of intellectual property. property, litigation of the patent authorities of England and Wales, types of specialized courts and their unique procedural features. The nuances and practice of law enforcement activities of judges in the United States, the types and levels of penalties in civil and criminal cases, as well as the divergence of lawsuits and pre-trial procedural arrangements are outlined. The article reveals the similarity of the UK and US legal systems with those currently in force in Ukraine in dealing with intellectual property cases. The identified deficiencies relate to territorial inaccessibility, instances of inconsistency, and imperfection of the judicial system, as well as the defects of the national intellectual property and legal frameworks in place in comparison with the United Kingdom and the United States of America in the field of intellectual property. After researching and analyzing the intellectual property rights protection systems of leading countries in the world, such as England and the United States of America, the conclusions were clearly drawn as to the advisability of setting up a specialized court on intellectual property in Ukraine and the risks involved.

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