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Extraterritorial Jurisdiction of IP Laws
In today's global economy, manufacturing and distribution chains typically are spread across multiple countries. A product now passes through several (and sometimes related) companies as it is sold and resold overseas before possibly being imported back into the United States. This dynamic and complex relationship from the incarnation of product to eventual world-wide sale often creates tension with U.S. laws that regulate domestic conduct.
Intellectual property laws, which are central to innovation, product development and protection, are no stranger to this tension. IP owners naturally want to assert their rights to exclude others, and when necessary, identify potential liability and maximize damages relating to foreign activity. But accused infringers try to resist this “reach” to ensure a U.S. IP-acquired right does not surreptitiously become world-wide protection, especially when no equivalent foreign protection exists, or it is weakly enforced. Recent U.S. cases have created benchmarks of patent, trademark, copyright, and trade secret liability for foreign activity, and businesses should take heed.
The U.S. Patent Claw
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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?