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Who Cares About Japan?
Part One of a Three-Part Series
Since 2002, when then-Prime Minister Junichiro Koizumi stated he intended to transform Japan into a 'nation that is built on the platform of intellectual properties,' the Japanese government has shifted its focus on Intellectual Property ('IP'), bringing about numerous policy changes empowering Japanese firms to actively pursue both defensive and offensive corporate strategies to further discover the inherent value of their intellectual capital. These changes included not only new laws and agencies, but also the establishment of an Intellectual Property High Court ('IPHC') that handles only IP-related cases. For the United States, this signals that Japan is determined to become more competitive in both domestic and international markets using IP.
This is the first of three articles that examine the changes in Japan related to IP and its effect on U.S. firms. This first installment will explore Japan's exploitation of national and international policy changes; the second will analyze corporate strategies including the increasing retention of foreign services; and the last will focus on Japan's international role in connection with IP.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?