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Intellectual Property
'Inequitable Conduct' and the Court of Appeals for the Federal Circuit, by
Monica De La Paz and Vidya Bala .
Inequitable conduct is premised on the duty of candor and good faith imposed on every individual associated with the filing and prosecution of a patent application. This duty applies to the inventors, the attorney, or the agent who prepares or prosecutes the application, and every other person who is substantively involved in the preparation or prosecution of the application.
Non-Specific.
9 pages. Written:
2008. Added:
7-04-2008.
Intellectual Property & Technology Law Journal
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Intellectual Property
The Proper Role for Prosecution Disclaimer, by
Gary Maze.
The doctrine of prosecution disclaimer applies when a patent applicant surrenders claim scope during prosecution before the Patent and Trademark Office. Four scenarios illustrate why the public notice function of prosecution disclaimer can be avoided because the limiting ardument were "erroneous".
Non-Specific.
2 pages. Written:
2008. Added:
7-04-2008.
www.duanemorris.com
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Intellectual Property
Privacy and Data Breaches, by
Carmen Natale.
Managing and securing personal data and sensitive business information has become an immense challenge for companies, and attorneys have been obliged to rethink a once-quite sphere that has become dynamic - records management.
Non-Specific.
8 pages. Written:
2008. Added:
7-04-2008.
www.gibbonslaw.com
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Intellectual Property
Patent Licensing and Declaratory Judgment Actions After MedImmune, by
Victor de Gyarfas.
After MedImmune and SanDisk, the world of patent licensing is very different. Activity that was long considered risk free may now well give rise to a declaratory judgment action by a hostile potential licensee. Certain safe havens for patent licensors no longer exist and patent licensors may find it expedient to engage in licensing negotiations after, rather than before, suing
a potential licensee.
Non-Specific.
15 pages. Written:
2008. Added:
7-03-2008.
Foley & Lardner LLP
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Intellectual Property
Advanced Copyright Issues on the Internet, by
David L. Hayes.
This paper discusses the multitude of areas in which copyright issues arise in an online context. Although the issues will, for simplicity of reference, be discussed in the context of the Internet, the analysis applies to any form of online usage of copyrighted works. Part II of this
paper discusses the various copyright rights that may be implicated by transmissions and use of works on the Internet, including new rights and remedies, as well as certain limitations on liability for online service providers afforded under federal statutes.
Non-Specific.
459 pages. Written:
2008. Added:
7-01-2008.
Fenwick & West LLP
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Intellectual Property
Think You Are a Co-Owner of a Copyright? - Think Again, by
Brian W. Carver.
Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008). As explained in the House Report on the Copyright Act of 1976, the default relationship between coowners of a copyright is a tenancy in common. Each co-owner has an independent right to use or license the use of a work, subject to a duty of accounting to the other co-owners.
Non-Specific.
3 pages. Written:
2008. Added:
7-01-2008.
Fenwick & West
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Business
Basics of Early Stage Legal Issues - A Guide for Entrepreneurs, by
Rajiv Patel.
This article describes:
2007 Update to Guide to Starting a Corporation,
Financing Basics - Presentation Slides,
Model Preferred Stock Financing Term Sheet (including Sample Series A Preferred Stock Financing Analysis)
Venture Capital for High Technology Companies,
VC Terms Survey (Q4,2006) and Explanation of Terms,
Software Escrows as Part of an Intellectual Property Strategy,
Legal FAQ: Introduction to Patent Law,
Developing a Patent Strategy - A Checlist for Getting Started.
Non-Specific.
106 pages. Written:
2007. Added:
7-01-2008.
Fenwick & West
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Intellectual Property
Legal FAQ: Introduction to Patent Law, by
Robin Reasoner and Charlene Morrow.
A patent is a legal right to exclude others from practicing
the patented invention for a limited period of time in
exchange for disclosing the details of the invention to the
public. Design patents cover the ornamental features (i.e., appearance) of a product. Plant patents cover newly developed varieties of plants provided they can be reproduced asexually.
Non-Specific.
4 pages. Written:
2008. Added:
7-01-2008.
Fenwick & West
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Intellectual Property
Legal FAQ: Introduction to Patent Litigation, by
Charlene Morrow and Sara Jenkins.
This article discusses about Who enforces a patent? Where can a district court patent case be filed? Roles of the judge and the jury in a federal district court action, defendant’s responses to a patent infringement suit and etc.
Non-Specific.
5 pages. Written:
2008. Added:
7-01-2008.
Fenwick & West
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Intellectual Property
IP Damages, by
Wendy West Feinstein .
The following material provide basic information regarding the statutory authority for damages in intellectual property litigation. The materials are intended to provide an overview of the available damages for claims of infringement or misappropriation of intellectual property.
Non-Specific.
28 pages. Written:
2008. Added:
6-30-2008.
www.eckertseamans.com
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Intellectual Property
IP Damages: Introduction to Damages in Patent, Trademark, Copyright and Trade Secret Litigation , by
Wendy Feinstein.
The following materials provide basic information regarding statuatory authority for damages in intellectual property litigation. Also included are references to some leading or recent cases applying the relevant damages laws and principles. The materials are intended to provide an overview of the available damages for claims of infringement or misappropriation of intellectual propery.
Non-Specific.
28 pages. Written:
2008. Added:
6-29-2008.
www.eckertseamans.com
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Intellectual Property
The Basics of Brand Identity and Trademarks, by
Kimbley L. Muller.
The law recognizes and protects a trademark as intangible, intellectual property that has value to the trademark owner. Federal law, known as the Lanham Act, protects marks registered with the U.S. government while state and common law that differ from state-to-state protect state registered and unregistered (common law) trademarks. Using trademarks to promote brands is critical as it helps create and maintain consumer demand.
Non-Specific.
12 pages. Written:
2007. Added:
6-28-2008.
texasbarcle.com
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Intellectual Property
New Views from the Internal Revenue Service on the International Use of Trademarks within a Corporate Group, by
William F. Colgin, Jr..
This paper discusses two points made in the regulations. The first point is that the IRS believes it can impute contractual terms if parties do not have appropriate contracts in place within the corporate group. Companies should seriously consider putting trademark licenses in place between related parties. The second point is that the IRS views the goodwill of the trademark as
something that can be treated as owned by the licensee of the trademark.
Non-Specific.
7 pages. Written:
2008. Added:
5-06-2008.
Morgan, Lewis & Bockius LLP
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Employment and Labor
A Legal Minefield, by
Richard Barratt.
Tips on legal issues involved in outsourcing, including employment issues, tax, intellectual property and contracting issues.
Non-Specific.
3 pages. Written:
2007. Added:
4-04-2008.
Venture Magazine
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Intellectual Property
Counterfeit Goods on Premises, by
Heather J. McDonald.
The article focuses on third party liability in the context of trademark counterfeiting. The
ultimate result, however, is perhaps the most beneficial - the potential for trademark owners to enforce their rights against a previously elusive target - illegal counterfeiters.
Non-Specific.
4 pages. Written:
2007. Added:
4-02-2008.
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Intellectual Property
No Double-Dipping for Copyright Infringement Damages, by
Powell Goldstein.
Following BUC International decision companies now know that they can neither expect to recover nor need to fear duplicative damages awards. Copyright
defendants should therefore be diligent in learning details of any infringement settlements that parties connected to them have reached to ensure their “exposure” is not greater than legally allowed
Non-Specific.
2 pages. Written:
2008. Added:
4-02-2008.
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Antitrust
The Interface of IP Rights and Antitrust Policy in 18 Jurisdictions Worldwide, by
Susan M Hutton.
Article discusses: Under what legislation are intellectual property rights granted? Are there restrictions on how IP rights may be exercised, licensed, or transferred? Do the rights exceed the minimum required by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)?
Federal.
6 pages. Written:
2008. Added:
3-13-2008.
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Intellectual Property
Non-Obviousness After KSR v. Teleflex, by
Kristy Joi Downing.
Synopsis
1. Background on patents and the
non-obviousness requirement
2. KSR v. Teleflex – facts and procedural history
3. KSR decision
4. KSR progeny
5. Q&A
Non-Specific.
34 pages. Written:
2007. Added:
3-13-2008.
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Intellectual Property
How to respond to a Cease & Desist Letter, by
James F. Ewing, Michelle A. Flores, and Michel Morency.
Legal experts form Foley & Lardner suggest a strategy to help nutraceuticals companies respond to an accusation of infringing patent rights. Such letters usually identify the granted Patents by its numbers, assert ownership to Intellectual Property & detail your alleged infringing activities as well as conditions and deadlines that are to be met.
Non-Specific.
1 pages. Written:
2008. Added:
3-13-2008.
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Intellectual Property
Patents Now Harder To Get and Harder To Defend, by
Fred A. Simpson.
In one of the most important rulings by the U. S. Supreme Court in a number of years on the subject of patents, the high court raised the bar for obtaining patents on new products that combine elements of pre-existing inventions.
Non-Specific.
2 pages. Written:
2007. Added:
3-11-2008.
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Intellectual Property
Crafting Your IP Strategy, by
Stephanie L. Chandler.
Describes types of Intellectual Property:
Patents -- gives the inventor the right to exclude others from making the invention
Trade Secrets/Know How -- protection by virtue of secrecy
Trademarks/Service Marks -- identifies a unique source of goods or services
Copyrights -- protects from copying of original works (music, books, software code)
Non-Specific.
55 pages. Written:
2007. Added:
3-09-2008.
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Intellectual Property
U.S. Customs Enforcement of Intellectual Property Rights, by
Robert L. Soza, Jr..
This presentation describes U.S. Customs & Border Protection (CBP) IPR Enforcement CBP devotes substantial resources to target, intercept, detain, seize and forfeit shipments of IPR-violative goods.
These enforcement goals are accomplished through the cooperative efforts of CBP enforcement officers, other government agencies, etc.
Non-Specific.
28 pages. Written:
2007. Added:
3-08-2008.
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Intellectual Property
Patent Notice Letter Demands Legal Counsel and a Fast Response, by
Tom Adolph.
A business may one day receive a "patent notice letter." The letter might accuse the business of patent infringement, or the letter might simply say: "Here is a copy of our patent." Here are few tips about how to respond.
Non-Specific.
1 pages. Written:
2007. Added:
3-08-2008.
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Media and Entertainment
Legal Implications of User Generated Content: YouTube, MySpace, Facebook, by
Robert P. Latham, Jeremy T. Brown and Carl C. Butzer.
User Generated Content inevitably raises a host of potentially-thorny legal questions concerning intellectual property rights, defamation and privacy rights. This brief paper focuses primarily on some of the IP issues relating to UGC. The posting of UGC content can also implicate privacy and publicity rights.
Non-Specific.
38 pages. Written:
2008. Added:
3-08-2008.
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Intellectual Property
Don’t Tread on This Trademark—At Least in Utah, by
Ron Dreben and Rochelle Alpert.
Last month, the State of Utah knocked loudly on the Internet’s door with a controversial statute, the Trademark Protection Act (SB 236), which is intended to ban the use of trademarks to trigger keyword ads displayed to Internet users within the state.
Utah.
3 pages. Written:
2007. Added:
10-26-2007.
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Intellectual Property
Keyword Law, by
Eric Goldman.
Discusses current law of internet advertising and trademarks.
Federal.
11 pages. Written:
2007. Added:
10-26-2007.
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Intellectual Property
Keyword Linked Advertiosing,Trademark Infringement, and Google's Contributory Liability, by
Aitken.
A number of trademark holders have recently challenged the policies of Google and other Internet search engines that allow the trademark owner’s competitors to purchase advertising space linked specifically to the owner’s trademarks when entered as search terms.
Federal.
12 pages. Written:
2005. Added:
10-26-2007.
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Intellectual Property
Introduction to Intellectual Porperty Law, by
Holme Roberts & Owen LLP.
Survey of law of patents, trademarks, copyright, trade sectets, etc.
Non-Specific.
19 pages. Written:
2003. Added:
10-16-2007.
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Intellectual Property
Open Source License Enforcement Actions: What You Can Expect When There is a Knock on Your Door, by
Jason Haislmaier, Cristy Hamley & Adam Cohn.
Discusses license enforcement actions form open source license holders.
Non-Specific.
17 pages. Written:
2007. Added:
10-16-2007.
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Intellectual Property
Resolving Intellectual Property Disputes Outside of Court: Using ADR to Take Control of Your Case, by
Alan W. Kowalchyk.
It is becoming apparent to more and more business organizations that the benefits of alternative dispute resolution are substantial and often outweigh the traditional values of vindication that have led many to use litigation to handle IP cases.
Non-Specific.
8 pages. Written:
2006. Added:
10-09-2007.
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Intellectual Property
Patent Trials: From Markman to the Jury--What You Need to Know, by
Mark S. Sobus, Winn D. Carter.
Jurors’ values: They trust the PTO And they are reluctant to undo what the PTO had done. Jurors understand that patents can be used as a hammer. But the American value of competition remains strong and patents are viewed as a valuable part of advancing this value.
Non-Specific.
17 pages. Written:
2007. Added:
8-02-2007.
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Intellectual Property
The Effects of eBay: Permanent Injunctions in Patent Cases, by
Alan D Albright, David M. Hoffman.
This article examines the law before eBay, the case itself, and a selection of district court cases following it and provides practice tips for patent practitioners facing this new legal landscape.
Non-Specific.
12 pages. Written:
2007. Added:
8-02-2007.
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Intellectual Property
The Case for Patent Intelligence Judicial Support for ‘Fair Use’ in Reverse Engineering, by
Terry Ludlow.
Those unfamiliar with reverse engineering sometimes associate it with hackers,
copyright violation and theft. Nothing could be further from the truth. Reverse
engineering is a means of maintaining competition that is fair and healthy for the
marketplace.
Non-Specific.
5 pages. Written:
2006. Added:
5-12-2007.
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Intellectual Property
Hot Topics in IP & Business Implications, by
Kristy Joi Downing, Jim Morrow.
Hot Topics:
Patents 101
MedImmune v. Genentech
- Licensing IP
eBay
– Enforcing IP
KSR v. Teleflex
– Patentability/Validity (Obviousness)
Q&A
Non-Specific.
19 pages. Written:
2007. Added:
5-12-2007.
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Intellectual Property
How to Interact with Your IP Attorney in a Cost Effective Manner to Obtain the Most Value: Phase I – Patent Procurement, by
Andrew E. Rawlins, Brian P. Akers, M.D..
Establish that an attorney client
relationship exists and protects your
consultations.
This article discusses about Cost-Effective
Interactions, Information Needed by Your
IP Attorney & Full description of your
device, product, or method.
Non-Specific.
8 pages. Written:
2007. Added:
5-12-2007.
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Intellectual Property
A Potential Lightsaber In The “Dictionary Wars”, by
Justin E. Gray.
Texas Digital for a short time held out hope that a simple dictionary definition of a complex term in a patent case could avoid
the need for expert witnessess and quickly clarify many claim construction issues. This was to be accomplished by raising the status of a dictionary to a primary source of information for the judicial construction of patent terms.
Non-Specific.
4 pages. Written:
2007. Added:
5-10-2007.
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Intellectual Property
Copyright Infringement, by
Mark Miller.
Numerous papers have been and will be directed to these developing areas and several pages are directed to each in this paper. However, the structure and scope of this paper is determined by its limited purpose - an overview of copyright infringement litigation fundamentals. Side excursions are limited. This leaves plenty.
Non-Specific.
68 pages. Written:
2007. Added:
5-05-2007.
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Intellectual Property
Intellectual Property Basics, by
Mark Miller.
Common sense does not always apply to IP. This is dangerous because IP is often a valuable competitive advantage. Article discusses creating and protecting trademarks, patents, copyrights and trade sectrets.
Non-Specific.
54 pages. Written:
2007. Added:
5-05-2007.
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Intellectual Property
Litigation Post eBay, by
Robert J. Garrey and John M. Jackson, Jackson Walker LLP.
The Supreme Court’s opinion in eBay v.
MercExchange L.L.C., 126 S.Ct. 1837 (2006) restored the district court’s discretionary power to determine whether to issue injunctive relief after a finding of infringement and validity in patent cases.
Non-Specific.
6 pages. Written:
2006. Added:
5-05-2007.
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Intellectual Property
The Perils of Keyword Search Engine Advertising, by
Daniel Scardino & Emilio B. Nicolas.
Google along with several competitors, most notably Yahoo! has the federal courts decisively split over whether keyword search engine advertising (or keyword advertising) constitutes actionable trademark infringement. Finally, in event of a lawsuit, it may be worth effort to bring a third-party action against internet search engine for contribution
Non-Specific.
4 pages. Written:
2007. Added:
5-05-2007.
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Intellectual Property
Patent Litigation: Eastern District of Texas Tightens, by
Michael Barrett, Richard Zembek and Clay Hawes.
The United States District Court for the Eastern District of Texas has become an increasingly popular forum for patent litigation. There are two primary reasons for this relatively recent transformation.
Federal.
2 pages. Written:
2006. Added:
5-01-2007.
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Business
The Most Extraordinary Country: Doing Business in India, by
Julie Hunt, Thomas Paul, Anuradha Salhotra and Atul Varadhachary, MD, PhD.
Views from both inside and outside India of doing business on the booming south Asian subcontinent. Highly experienced Fulbright lawyers in project finance and intellectual property share the podium with a partner in one of India's leading law firms and a U.S.-based biopharmaceutical COO from India who does business there regularly.
Non-U.S..
18 pages. Written:
2007. Added:
4-29-2007.
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Intellectual Property
Weighed Down by Counterfeiting, by
Mark Mutterperl.
Manufacturers who are trademark owners & their counsel are waging a constant battle to protect the integrity of their products & trademarks. They know the importance of taking suitable actions against counterfeiters & of having an active anticounterfeiting program in place.
Non-Specific.
3 pages. Written:
2006. Added:
4-29-2007.
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Alternative Dispute Resolution
It Matters Where You Arbitrate: Today’s Fastest Growing Form of Dispute Resolution, by
David Howell and Kevin O'Gorman.
This conference covered dispute resolution strategies at home and abroad focusing on arbitration agreements and current issues in the international arbitration of intellectual property disputes.
Non-Specific.
46 pages. Written:
2007. Added:
4-26-2007.
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Information Law and Privacy
Intellectual Property The elusive search for ‘use in commerce’ on the Internet., by
Gianni P. Servodidio.
This article will explore in more detail why keyword advertising has resulted in such sharply divergent views about how traditional trademark principles should be applied to the use of trademarks as information location tools on the Internet.
Non-Specific.
4 pages. Written:
2006. Added:
4-18-2007.
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Intellectual Property
User-Generated Video: Copyright Issues, by
Evan D. Brown, Hinshaw & Culbertson LLP.
Discusses the cultural and technological
context (Web 2.0), the current controversy, liability issues and some proposed solutions.
Federal.
36 pages. Written:
2007. Added:
4-06-2007.
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Intellectual Property
Digital Rights Management: Law & Technology, by
Catherine S. Kirkman, Wilson Sonsini Goodrich & Rosati.
This article focuses on media law, content
licensing and e-commerce.
Based in Silicon Valley, offices in other innovation centers, including New York and Shanghai.
Represent more companies that receive venture financing than any other law firm.
Non-Specific.
44 pages. Written:
2006. Added:
3-18-2007.
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Intellectual Property
Patent Rights and Open Source- Can They Co-exist?, by
Laura A. Majerus.
A patent gives its owner right to exclude others from making, using, & selling claimed invention. Thus patent rights give a patentee great control over who uses his invention. It is difficult to talk about Open Source licenses in the abstract. There are large number of licenses that have been identified as Open Source and each has its own quirks.
Non-Specific.
3 pages. Written:
2006. Added:
3-18-2007.
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Intellectual Property
Beware the Dangers of Arbitrators Morphing Into Mediators, by
Mitchell Zimmerman.
A recent California case illustrates however the risks of “flexibility”: if not managed with due care an overly fluid process can leave the parties sorely disappointed & the arbitrator exposed to claims he or she would otherwise be immunized against.
Non-Specific.
3 pages. Written:
2006. Added:
3-17-2007.
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Intellectual Property
Just Enough Copyright Law If You Are Not an Attorney or IP Expert, by
Mitchell Zimmerman.
This article is an educational piece for attorneys not expert in intellectual property law, but is suitable for nonattorneys as well. This article seeks to provide you with just enough copyright law to understand the fundamentals and address the key issues.
Non-Specific.
5 pages. Written:
2006. Added:
3-17-2007.
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