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You-hua Liu, Min Xu and Bin-wu Qin

Recently, parties have begun to implement patents separately to avoid legal liability in China. Multi-party infringing behaviours are more complicated to legally characterize than single-party patent infringement. Before the recently proposed legislative reform, the Patent Law of China did not clearly define indirect infringement. Chinese courts usually apply the joint torts rules to deal with those cases. However, by mixing the rule of joint injurious act with the rule of indirect patent infringement, the courts tend to confuse the two. Moreover, the newly drafted Revision of Patent Law, though it proposes adopting the indirect infringement concept, still borrows the joint torts rules to allocate liabilities. In these circumstances, it is necessary to clarify the relationship between joint torts and indirect infringement, and thus to clarify the rules for multi-party patent infringement.

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Oğulcan Ekiz

This article questions the author-centred conceptualization of copyright's subject matter in defining the scope of protection. It focuses on films, the medium's communicative nature, and user interactions with films in the digital age. The analysis starts with Kant's definition of a book as a ‘public speech’ and adapts it to films. The article states that the publicness of the medium comes with user expectations. It states that, in many cases, the audience's interaction with films starts with the expectation of a further communication through the work. The article then explores the intercommunication of the audience, its transformation in the digital age, and its role in shaping our cultural landscape. The conclusion is that, in order to answer the demands of the new habits of communications, new ways of research, and any novelty that comes with future technologies, copyright law needs to acknowledge the participatory nature of user interactions with cultural works and how those interactions shape our culture.

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Edited by Toshiko Takenaka

This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
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Albert N. Link

This paper presents descriptive findings from 12 case studies of Small Business Innovation Research (SBIR) award recipients in southeastern states. The focus of the case studies was to determine, to the extent possible, if the Fast Track Initiative encourages more rapid commercialization of research results through the acquisition of private investment capital, and if Fast Track projects progress more rapidly than standard SBIR awards.

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John T. Scott

This paper provides case studies for 14 research and development projects funded in 13 New England companies by the Department of Defense Small Business Innovation Research (SBIR) program. The performance of the six Fast Track projects, each conducted by a different company, is compared with the performance of eight non-Fast Track projects.

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Tobias Mahler

This is the beginning, rather than the end. The addition of new generic Top-Level Domains (gTLDs) to the Internet Domain Name System (DNS) has significantly increased the number of existing TLDs available to registrants. Although there is no prospect that new gTLDs will significantly affect the dominance of <.com>, they provide an additional supply of available names for registrants. These new names will remain with the Internet for as long as domain names are relevant. In this sense, the programme has changed the DNS. The programme has also contributed significantly to changes in the Internet Corporation for Assigned Names and Numbers (ICANN), and it has led to the creation of a rather extensive framework of transnational private regulation, which is applied in a quasi-judicial system. In my view, it would be useful to develop ICANN’s many dispute-resolution policies and independent review into a more elaborate arbitration system that can fulfil the need for a quasi-judicial system, to support the fair and consistent adjudication of cases under ICANN’s transnational private regulation.

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Tobias Mahler

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John T. Scott

The purpose of this article is to propose a mechanism – the hurdle-lowering auction – for leveraging the public funds invested in public/private partnerships to promote technology. The article addresses financial engineering – the optimal amount and design of public funding of privately performed investments in technology and innovation carried out by public/private partnerships. Public/private partnerships are joint research ventures combining public and private resources to invest in the research and development of technology and innovations. Thus, financial engineering concerns the design of mechanisms for public funding of public/private partnerships that generate the maximum leverage of the public funds on the private investment and performance. By maximum leverage of public funding, is meant maximum effectiveness of the funds in ensuring the use of the least amount of public funds to get the desired results and ensuring the necessary incentives to get those results given the appropriate amount of public funding.

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Generic Top-Level Domains

A Study of Transnational Private Regulation

Tobias Mahler

This topical book examines the regulatory framework for introducing generic Top-Level Domains on the Internet. Drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN), these rules form part of a growing body of transnational private regulation, complementing national and international law. The book elucidates and discusses how ICANN has tackled a diverse set of economic and regulatory issues, including competition, consumer protection, property rights, procedural fairness, and the resolution of disputes.
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Albert N. Link and John T. Scott