1,135 research outputs found
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Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements
This report provides a summary and analysis of judicial opinions that have developed the current state of trademark law governing keyword-triggered advertising. It discusses background of the issue, keyword advertising, and litigation related to keyword advertising
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Protection of Trade Secrets: Overview of Current Law and Legislation
This report provides an overview of existing federal, state, and international laws governing trade secret protection, describes the limitations of these legal regimes, and reviews pending legislation, the Defend Trade Secrets Act (S. 1890), that is intended to address such deficiencies
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Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the Federal Controlled Substances Act and Related Laws
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Copyright Protection of Digital Television: The Broadcast Video Flag
This report provides a brief explanation of the broadcast video flag and its relationship to digital television and summarizes the American Library Association judicial opinion
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Excited Utterances, "Testimonial" Statements, and the Confrontation Clause
The United States Supreme Court will hear oral argument this term in appeals from two state supreme court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of “excited utterance” statements made by non-testifying witnesses at criminal trials. In the landmark Crawford v. Washington case in 2004, the Court held that the Sixth Amendment’s Confrontation Clause forbids hearsay “testimonial” evidence from being introduced against the accused unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness. However, the Crawford Court declined to provide a comprehensive definition of “testimonial,” leaving such task “for another day.
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Safe Harbor for Preclinical Use of Patented Inventions in Drug Research and Development:
In Merck KGaA v. Integra Lifesciences, the United States Supreme Court unanimously held that the preclinical use of patented inventions in drug research is exempted from patent infringement claims by the "safe harbor" provision of the Patent Act. This report includes information on related background information, the scope of the safe harbor provision, the Merck KGaA v. Integra Lifesciences case, the Supreme Court's decision in that case, and more
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Federal Cocaine Sentencing Disparity: Sentencing Guidelines, Jurisprudence, and Legislation
This report discusses legislation and several court cases to examine the changing nature of Crack Cocaine penalties in comparison to powder cocaine. Until 2005, the Guidelines were binding on federal courts: the judge had discretion to sentence a defendant, but only within the narrow sentencing range that the Guidelines provided. In its 2005 opinion United States v. Booker, the Supreme Court declared that the Guidelines must be considered advisory rather than mandatory, in order to comply with the Constitution. Instead of being bound by the Guidelines, sentencing courts must treat the federal guidelines as just one of a number of sentencing factors (which include the need to avoid undue sentencing disparity)
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USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271)
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Influenza Antiviral Drugs and Patent Law Issues
This report identifies and analyzes the patent law aspects of the current avian
influenza drug situation. First, the report explains the role that patent rights have
played in affecting the availability of Tamiflu. Second, the report examines options
for increasing the drug’s production, including the possibility of governments
abrogating Roche’s patent rights by issuing compulsory licenses to other drug
companies to manufacture generic versions of Tamiflu without Roche’s consent
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Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, Patents, and Trade Secrets
This report provides background information and issues for Congress on multiyear procurement (MYP) and block buy contracting (BBC), which are special contracting mechanisms that Congress permits the Department of Defense (DOD) to use for a limited number of defense acquisition programs
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