Podcast appearances and mentions of Paris convention

Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate planning, bankruptcy, and international considerations. These topics are crucial for understanding the broader implications of property ownership and transfers under specific circumstances. In community property states, property acquired during marriage is considered jointly owned by both spouses, regardless of who earned the income or purchased the assets. The chapter details how community property laws govern the ownership and division of assets in marriage, with a particular focus on: Equal Ownership: Each spouse holds an equal share of any property acquired during the marriage. Separate Property: Assets owned before marriage or obtained through gifts or inheritance remain separate. Division upon Divorce or Death: Community property is divided equally upon divorce or may be passed to heirs when a spouse dies. The chapter also explores variations in community property laws across different jurisdictions, as well as the role of prenuptial and postnuptial agreements in defining marital property rights. Trusts are a key tool in estate planning, allowing property to be managed and distributed according to the wishes of the grantor. This section outlines the different types of trusts, including revocable and irrevocable trusts, and their use in efficiently managing assets, avoiding probate, and offering tax advantages. Key points include: Revocable Trusts: These can be changed or revoked during the grantor's lifetime, offering flexibility in estate planning. Irrevocable Trusts: Once established, these trusts cannot be altered, providing stronger asset protection and potential tax benefits. Trustee's Role: The trustee has a fiduciary responsibility to manage trust assets for the beneficiaries' benefit. Trusts play a crucial role in estate planning, enabling smooth asset distribution and helping to avoid the time-consuming and expensive probate process. When individuals or businesses file for bankruptcy, property rights and creditor claims are governed by bankruptcy laws. This section explains how property is handled in bankruptcy proceedings, including: Exemptions: Certain types of property, such as a primary residence or retirement accounts, may be protected from creditors. Automatic Stay: Bankruptcy initiates an automatic stay, halting foreclosure, repossession, and other collection activities while the bankruptcy is being processed. Role of the Bankruptcy Trustee: The trustee manages the debtor's non-exempt property, liquidating assets to repay creditors. The chapter also contrasts the treatment of property in Chapter 7 (liquidation) and Chapter 13 (restructuring) bankruptcies, highlighting how different types of bankruptcy affect the retention or sale of property. International property law adds layers of complexity to cross-border transactions and IP protection. This section delves into the challenges and legal requirements of owning property and managing intellectual property rights across different jurisdictions. Key issues include: Foreign Ownership Restrictions: Some countries impose limits on foreign ownership of land or property, especially in sensitive areas like coastal or border regions. Cross-Border Property Transactions: Transactions involving foreign property must adhere to both domestic laws and any applicable international treaties, and they often involve complex tax and registration issues. International IP Treaties: Intellectual property rights are often protected through international treaties like the Berne Convention for copyrights and the Paris Convention for industrial property. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate planning, bankruptcy, and international considerations. These topics are crucial for understanding the broader implications of property ownership and transfers under specific circumstances. In community property states, property acquired during marriage is considered jointly owned by both spouses, regardless of who earned the income or purchased the assets. The chapter details how community property laws govern the ownership and division of assets in marriage, with a particular focus on: Equal Ownership: Each spouse holds an equal share of any property acquired during the marriage. Separate Property: Assets owned before marriage or obtained through gifts or inheritance remain separate. Division upon Divorce or Death: Community property is divided equally upon divorce or may be passed to heirs when a spouse dies. The chapter also explores variations in community property laws across different jurisdictions, as well as the role of prenuptial and postnuptial agreements in defining marital property rights. Trusts are a key tool in estate planning, allowing property to be managed and distributed according to the wishes of the grantor. This section outlines the different types of trusts, including revocable and irrevocable trusts, and their use in efficiently managing assets, avoiding probate, and offering tax advantages. Key points include: Revocable Trusts: These can be changed or revoked during the grantor's lifetime, offering flexibility in estate planning. Irrevocable Trusts: Once established, these trusts cannot be altered, providing stronger asset protection and potential tax benefits. Trustee's Role: The trustee has a fiduciary responsibility to manage trust assets for the beneficiaries' benefit. Trusts play a crucial role in estate planning, enabling smooth asset distribution and helping to avoid the time-consuming and expensive probate process. When individuals or businesses file for bankruptcy, property rights and creditor claims are governed by bankruptcy laws. This section explains how property is handled in bankruptcy proceedings, including: Exemptions: Certain types of property, such as a primary residence or retirement accounts, may be protected from creditors. Automatic Stay: Bankruptcy initiates an automatic stay, halting foreclosure, repossession, and other collection activities while the bankruptcy is being processed. Role of the Bankruptcy Trustee: The trustee manages the debtor's non-exempt property, liquidating assets to repay creditors. The chapter also contrasts the treatment of property in Chapter 7 (liquidation) and Chapter 13 (restructuring) bankruptcies, highlighting how different types of bankruptcy affect the retention or sale of property. International property law adds layers of complexity to cross-border transactions and IP protection. This section delves into the challenges and legal requirements of owning property and managing intellectual property rights across different jurisdictions. Key issues include: Foreign Ownership Restrictions: Some countries impose limits on foreign ownership of land or property, especially in sensitive areas like coastal or border regions. Cross-Border Property Transactions: Transactions involving foreign property must adhere to both domestic laws and any applicable international treaties, and they often involve complex tax and registration issues. International IP Treaties: Intellectual property rights are often protected through international treaties like the Berne Convention for copyrights and the Paris Convention for industrial property. Navigating the diverse legal frameworks in different countries is essential for securing property rights and ensuring compliance with international agreements. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate planning, bankruptcy, and international considerations. These topics are crucial for understanding the broader implications of property ownership and transfers under specific circumstances. In community property states, property acquired during marriage is considered jointly owned by both spouses, regardless of who earned the income or purchased the assets. The chapter details how community property laws govern the ownership and division of assets in marriage, with a particular focus on: Equal Ownership: Each spouse holds an equal share of any property acquired during the marriage. Separate Property: Assets owned before marriage or obtained through gifts or inheritance remain separate. Division upon Divorce or Death: Community property is divided equally upon divorce or may be passed to heirs when a spouse dies. The chapter also explores variations in community property laws across different jurisdictions, as well as the role of prenuptial and postnuptial agreements in defining marital property rights. Trusts are a key tool in estate planning, allowing property to be managed and distributed according to the wishes of the grantor. This section outlines the different types of trusts, including revocable and irrevocable trusts, and their use in efficiently managing assets, avoiding probate, and offering tax advantages. Key points include: Revocable Trusts: These can be changed or revoked during the grantor's lifetime, offering flexibility in estate planning. Irrevocable Trusts: Once established, these trusts cannot be altered, providing stronger asset protection and potential tax benefits. Trustee's Role: The trustee has a fiduciary responsibility to manage trust assets for the beneficiaries' benefit. Trusts play a crucial role in estate planning, enabling smooth asset distribution and helping to avoid the time-consuming and expensive probate process. When individuals or businesses file for bankruptcy, property rights and creditor claims are governed by bankruptcy laws. This section explains how property is handled in bankruptcy proceedings, including: Exemptions: Certain types of property, such as a primary residence or retirement accounts, may be protected from creditors. Automatic Stay: Bankruptcy initiates an automatic stay, halting foreclosure, repossession, and other collection activities while the bankruptcy is being processed. Role of the Bankruptcy Trustee: The trustee manages the debtor's non-exempt property, liquidating assets to repay creditors. The chapter also contrasts the treatment of property in Chapter 7 (liquidation) and Chapter 13 (restructuring) bankruptcies, highlighting how different types of bankruptcy affect the retention or sale of property. International property law adds layers of complexity to cross-border transactions and IP protection. This section delves into the challenges and legal requirements of owning property and managing intellectual property rights across different jurisdictions. Key issues include: Foreign Ownership Restrictions: Some countries impose limits on foreign ownership of land or property, especially in sensitive areas like coastal or border regions. Cross-Border Property Transactions: Transactions involving foreign property must adhere to both domestic laws and any applicable international treaties, and they often involve complex tax and registration issues. International IP Treaties: Intellectual property rights are often protected through international treaties like the Berne Convention for copyrights and the Paris Convention for industrial property. Navigating the diverse legal frameworks in different countries is essential for securing property rights and ensuring compliance with international agreements. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Chapter 7 delves into the complexities of international intellectual property (IP) law, exploring the framework of international treaties and conventions, the challenges associated with cross-border enforcement, the roles played by global organizations like the World Intellectual Property Organization (WIPO), and provides case studies that illustrate these dynamics in action. International Treaties and Conventions International treaties and conventions provide a foundational framework for the protection and enforcement of intellectual property rights across national borders. These agreements aim to harmonize the protection of intellectual property worldwide, making it easier for countries to cooperate and for rights holders to secure and enforce their rights internationally. Key International Treaties include: The Paris Convention for the Protection of Industrial Property (1883): One of the first intellectual property treaties, establishing important principles such as national treatment, right of priority, and independence of patents granted in different countries. The Berne Convention for the Protection of Literary and Artistic Works (1886): Establishes protections for creators of literary and artistic works, ensuring they receive rights in all signatory countries as they do in their own. The Patent Cooperation Treaty (PCT) (1970): Streamlines the filing of patents in multiple countries by allowing for a single "international" patent application. The Madrid System for the International Registration of Marks: Facilitates the registration of trademarks in multiple jurisdictions around the world through a single application. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994): Administered by the World Trade Organization (WTO), TRIPS sets down minimum standards for many forms of intellectual property regulation that WTO members must comply with. Cross-border Enforcement Challenges Enforcing IP rights across national borders presents significant challenges. Differences in national laws, the resources available for enforcement, and the political and economic climate can all impact the effectiveness of IP protection internationally. Challenges include: Variability in Legal Frameworks: Even with international treaties, countries implement and interpret intellectual property laws differently, leading to inconsistencies that can complicate enforcement. Jurisdictional Issues: Determining which country's laws apply, and where legal action should be taken, can be complex and hinder the efficiency of enforcement actions. Counterfeiting and Piracy: These issues are particularly rampant in countries with less stringent enforcement of IP laws, making it difficult for rights holders to protect their interests. Role of WIPO and Other International Organizations WIPO plays a critical role in the international intellectual property system. As a specialized agency of the United Nations, WIPO facilitates international cooperation in the creation and protection of intellectual property. It administers several international treaties, offers dispute resolution services, and helps developing countries build their capacity to use intellectual property for economic development. Other significant organizations include: World Trade Organization (WTO): Manages the TRIPS agreement which affects how intellectual property is handled in trade agreements between member states. European Union Intellectual Property Office (EUIPO) and similar regional bodies: Manage trademarks and designs within their respective regions, facilitating simpler processes for registration and enforcement across multiple countries. Case Studies of International IP Disputes Apple Inc. vs. Samsung Electronics Co.: This series of ongoing legal battles across multiple countries highlights issues with patent infringement and showcases how multinational companies protect their IP across different legal systems. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

International Intellectual Property Law Chapter 7 delves into the complexities of international intellectual property (IP) law, exploring the framework of international treaties and conventions, the challenges associated with cross-border enforcement, the roles played by global organizations like the World Intellectual Property Organization (WIPO), and provides case studies that illustrate these dynamics in action. International Treaties and Conventions International treaties and conventions provide a foundational framework for the protection and enforcement of intellectual property rights across national borders. These agreements aim to harmonize the protection of intellectual property worldwide, making it easier for countries to cooperate and for rights holders to secure and enforce their rights internationally. Key International Treaties include: The Paris Convention for the Protection of Industrial Property (1883): One of the first intellectual property treaties, establishing important principles such as national treatment, right of priority, and independence of patents granted in different countries. The Berne Convention for the Protection of Literary and Artistic Works (1886): Establishes protections for creators of literary and artistic works, ensuring they receive rights in all signatory countries as they do in their own. The Patent Cooperation Treaty (PCT) (1970): Streamlines the filing of patents in multiple countries by allowing for a single "international" patent application. The Madrid System for the International Registration of Marks: Facilitates the registration of trademarks in multiple jurisdictions around the world through a single application. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994): Administered by the World Trade Organization (WTO), TRIPS sets down minimum standards for many forms of intellectual property regulation that WTO members must comply with. Cross-border Enforcement Challenges Enforcing IP rights across national borders presents significant challenges. Differences in national laws, the resources available for enforcement, and the political and economic climate can all impact the effectiveness of IP protection internationally. Challenges include: Variability in Legal Frameworks: Even with international treaties, countries implement and interpret intellectual property laws differently, leading to inconsistencies that can complicate enforcement. Jurisdictional Issues: Determining which country's laws apply, and where legal action should be taken, can be complex and hinder the efficiency of enforcement actions. Counterfeiting and Piracy: These issues are particularly rampant in countries with less stringent enforcement of IP laws, making it difficult for rights holders to protect their interests. Role of WIPO and Other International Organizations WIPO plays a critical role in the international intellectual property system. As a specialized agency of the United Nations, WIPO facilitates international cooperation in the creation and protection of intellectual property. It administers several international treaties, offers dispute resolution services, and helps developing countries build their capacity to use intellectual property for economic development. Other significant organizations include: World Trade Organization (WTO): Manages the TRIPS agreement which affects how intellectual property is handled in trade agreements between member states. European Union Intellectual Property Office (EUIPO) and similar regional bodies: Manage trademarks and designs within their respective regions, facilitating simpler processes for registration and enforcement across multiple countries. Case Studies of International IP Disputes Apple Inc. vs. Samsung Electronics Co.: This series of ongoing legal battles across multiple countries highlights issues with patent infringement and showcases how multinational companies protect their IP across different legal systems. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

This Day in Legal History: WIPO EstablishedOn April 26, 1970, a significant advancement in the protection and management of intellectual property took place with the establishment of the World Intellectual Property Organization (WIPO). This marked the enforcement of the Convention Establishing WIPO, making it one of the specialized agencies under the United Nations focused on intellectual property (IP) issues. WIPO's primary mission is to promote and protect intellectual property across different countries by fostering international cooperation. As of now, 184 countries are signatories to the convention, showcasing a global commitment to the principles laid out by WIPO.WIPO plays a crucial role in the development of a balanced and accessible international IP system, which benefits both creators and the public, thereby contributing to economic, social, and cultural development worldwide. The organization administers 26 international treaties, including the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. These treaties serve as the backbone for international IP law, standardizing the protection of IP across borders and promoting creative activity globally.WIPO also assists countries in developing their IP strategies and provides a platform for dispute resolution concerning IP. Through its various programs, WIPO enhances the ability of countries to utilize IP for economic development. Additionally, WIPO's efforts include tackling the challenges of IP in relation to new technologies, which continually reshape the boundaries of law and creativity.The creation of WIPO in 1970 was a response to the growing significance of intellectual property in the age of technological and artistic innovation, recognizing the need for a systematic approach to IP issues that transcended national borders. Today, WIPO continues to evolve as it addresses emerging issues in intellectual property influenced by the digital age and globalization, underscoring its ongoing relevance in international legal and economic landscapes.The Supreme Court is currently deliberating on Donald Trump's assertion of immunity from prosecution regarding charges that he illegally tried to remain in power. During a hearing, there was notable skepticism from the justices towards Trump's broad claims of immunity relating to his efforts to overturn the election results of 2020. Chief Justice John Roberts suggested possibly remanding the case back to lower courts for a more detailed examination of the allegations, indicating that the appeals court had not sufficiently scrutinized the specifics of the actions and documents in question.Justice Brett Kavanaugh expressed concerns about the potential long-term implications of making presidents vulnerable to prosecution for their official acts, fearing it could cyclically affect future presidents. Meanwhile, the liberal justices questioned the absence of constitutional immunity for presidents, highlighting the risk of a president acting without fear of legal consequences. Justice Amy Coney Barrett also challenged the idea that former presidents could only be prosecuted post-impeachment.The case underscores the urgency from Special Counsel Jack Smith, who is pressed by time constraints to try Trump before the upcoming election, given that a trial and subsequent conviction could adversely affect Trump's electoral prospects. Trump, facing multiple prosecutions, has argued for absolute immunity for actions taken while in office, which include his conduct leading up to and on January 6th.There are fundamental questions that must be addressed about the scope of presidential power and its limits, which are central to the case's legal and constitutional stakes.Supreme Court Wary of Trump Immunity But May Keep Trial on HoldThe Biden administration's Medicare Drug Price Negotiation Program, a key component of the Inflation Reduction Act aimed at reducing the costs of certain Medicare Part D drugs by 2026, has attracted significant legal attention. Numerous former government officials, scholars, and patient advocacy groups have filed amicus briefs supporting the administration in response to legal challenges from the pharmaceutical industry, which contests the constitutionality of the program.These challenges involve several constitutional claims by the pharmaceutical companies, including violations of compelled speech under the First Amendment, the takings clause and due process under the Fifth Amendment, and excessive fines under the Eighth Amendment. The industry argues that the program unlawfully compels them to sell their products at government-dictated prices without just compensation.However, a notable decision by Chief Judge Colm F. Connolly dismissed AstraZeneca's due process claims, asserting that the manufacturer did not have a constitutional property interest jeopardized by the program. This decision aligns with several key legal precedents cited in various amicus briefs that reinforce the government's position.The case also touches on broader implications for governmental regulatory powers and the limits of constitutional protections for businesses under economic regulation frameworks. Legal experts and scholars have argued that the claims raised by the pharmaceutical industry stretch constitutional interpretations to protect against price negotiation practices that have been historically upheld as constitutional.The legal battle also involves a debate over the First Amendment, with the government asserting that the program does not compel speech from drug manufacturers. Judges and legal experts have scrutinized these claims, emphasizing the potential impact of accepting such an interpretation on a wide range of regulatory activities.While the majority of amicus briefs support the government, a few filed on behalf of the pharmaceutical industry focus on concerns about stifling drug innovation and the severe financial penalties imposed for non-compliance with the program's pricing mandates.The ongoing legal proceedings at the district court level, though less common for amicus filings than higher courts, play a crucial role in shaping the preliminary legal landscape before potentially reaching the Supreme Court. The involvement of high-level legal expertise in the form of amicus briefs underscores the significant stakes and complex legal issues at play, reflecting the profound implications of the outcome on the healthcare sector and regulatory practices.Wave of Amicus Briefs Back Drug Price Plan at Trial Court StageThe EPA's recent final rule under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund law, designates two PFAS chemicals—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)—as hazardous substances. This designation is expected to significantly impact companies responsible for contaminated sites, potentially leading to the reevaluation and cleanup of sites previously considered resolved.The rule aims to address sites contaminated with PFOA and PFOS, which are part of a group of chemicals known as "forever chemicals" due to their persistence in the environment. Currently, only a small fraction of National Priorities List (NPL) sites have been identified as contaminated with these substances, but this number is expected to rise as more comprehensive testing is implemented. The EPA's action follows increasing evidence of the health risks associated with high concentrations of these chemicals, including potential links to cancer and other serious health issues.Companies and other entities responsible for releases of these chemicals will face new reporting requirements if they release one pound or more of PFOA or PFOS within a 24-hour period. These reports will contribute to the Toxics Release Inventory and are part of broader efforts to increase transparency and regulatory oversight regarding PFAS releases into the environment.The designation of PFOA and PFOS as hazardous substances under CERCLA is likely to lead to significant legal and financial implications for responsible parties due to the costly nature of cleanup efforts and potential litigation. Moreover, the rule's implications extend beyond immediate cleanup efforts, potentially impacting water utilities and prompting them to seek remediation and accountability from polluters as stricter limits on PFAS in tap water are set to take effect.This regulatory change reflects a growing recognition of the serious environmental and health impacts of PFAS chemicals, and it aligns with broader environmental justice efforts to address pollution exposure disparities among racial, ethnic, and socioeconomic groups. The long-term challenges of managing PFAS contamination will involve complex legal, environmental, and public health considerations, particularly as affected communities and regulatory agencies navigate the implications of these pervasive pollutants.New PFAS Designation Expected to Spark Rise in Superfund SitesHarvey Weinstein's 2020 conviction for sexual assault and rape was overturned by New York's highest court on April 25, 2024. The court, in a closely contested 4-3 decision, cited critical errors by the trial judge, particularly in allowing testimony about alleged assaults that were not directly related to the charges Weinstein faced. This decision has reignited discussions about the challenges in prosecuting powerful figures and has been met with dismay by many, including actress Ashley Judd, who viewed it as an institutional betrayal.The Manhattan District Attorney's office, led by Alvin Bragg, has indicated plans to retry the case, underscoring their ongoing commitment to addressing sexual assault. The overturned conviction, which had been a significant victory for the #MeToo movement, involved allegations by Miriam Haley and Jessica Mann that dated back to 2006 and 2013, respectively.Weinstein's legal team celebrated the decision as a triumph for justice, noting Weinstein's relief and resilience despite his ongoing incarceration. He remains imprisoned on a separate 16-year sentence in California for similar charges, which stands unaffected by the New York ruling.This case has had broad implications, influencing legislation and public awareness about sexual misconduct. New York, among other states, has passed laws allowing civil lawsuits for sexual misconduct outside the typical statutes of limitations, reflecting a legislative response to #MeToo. The case's developments continue to be closely watched, with potential impacts on both legal precedents and societal norms concerning accountability for sexual violence.Harvey Weinstein's rape conviction is overturned by top New York court | ReutersThe defamation lawsuit filed by Jack and Leslie Flynn against CNN, which involved claims of being wrongfully associated with the QAnon conspiracy theory, has been dismissed by a judge. The case revolved around a CNN segment that showed the Flynns at a barbecue raising their hands while Michael Flynn, the former National Security Advisor, recited a phrase linked to QAnon. The Flynns argued that this portrayal falsely labeled them as QAnon followers, which they considered defamatory.CNN countered that the phrase "where we go one, we go all" used by Michael Flynn during the event is widely recognized as associated with QAnon, and that the Flynns were visible participants in the event. The court, upon review, determined that the term "QAnon followers" as used in the context of the CNN segment is a non-defamatory opinion, not a statement of fact. The judge ruled that opinions, especially when based on disclosed, non-defamatory facts, do not constitute defamation.Furthermore, the court highlighted that the portrayal of the Flynns in the segment was based on their actual appearance and participation in an event alongside Michael Flynn, which is not disputed by the Flynns. The dismissal reflects judicial recognition of the challenges in proving defamation when the statements in question are based on interpreted opinions rather than explicit facts. The decision underscores the importance of context in defamation cases, particularly when public figures and political movements are involved. This case also reflects ongoing legal debates about the limits of free speech and the scope of media responsibility in reporting on controversial public figures and events.Flynn Family's SLAPP Suit Against CNN Slapped Down By Judge | TechdirtThis week's closing theme is by Ludwig van Beethoven.For this week's closing piece of classical music, where we will once again delve into the towering genius of Ludwig van Beethoven and his monumental Piano Sonata No. 29 in B-flat major, Op. 106, known as the "Hammerklavier." Composed in 1819, the "Hammerklavier" Sonata stands as one of the pinnacles of Beethoven's creative output and showcases his profound depth in musical structure and expressive range.This sonata is particularly renowned for its technical difficulty and ambitious scope, pushing the boundaries of the piano sonata form of the time. Beethoven's late period, during which he composed the "Hammerklavier," is marked by an increased use of complex structures and an exploration of new musical ideas, and this sonata is a testament to his innovative spirit.This week, we will focus specifically on the second movement of this sonata, the Scherzo: Assai vivace. In stark contrast to the grandiose and deeply serious first movement, the Scherzo bursts with energy and playfulness. Its rapid tempo and lively rhythms present a dazzling display of technical prowess and artistic flair. This movement is a brilliant example of Beethoven's ability to juxtapose contrasting moods within a single piece, providing a refreshing and exhilarating counterpart to the sonata's more introspective segments.The Scherzo is structured around a lively theme that leaps and dances across the keyboard, filled with syncopated rhythms and sudden dynamic changes that challenge even the most skilled pianists. It embodies a sense of joy and almost mischievous playfulness, showcasing Beethoven's mastery in transforming musical ideas into a vivid emotional narrative.As we close this week's episode with the Scherzo from Beethoven's "Hammerklavier" Sonata, let the vivacity and brilliance of this music inspire you. It serves not only as a showcase of Beethoven's technical mastery but also his undiminished spirit and the enduring power of his music to evoke a wide range of profound emotions. Enjoy the spirited journey through one of the most challenging yet rewarding pieces in the piano repertoire.Without further ado, Beethoven's Piano Sonata no. 29 “Hammerklavier”, Op. 106 - II. Scherzo - Assai vivace. Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

Kinsella on Liberty Podcast: Episode 427. Yesterday (April 10, 2024) I participated in Strings Attached: Tracing the Global Systems that Bind, 62nd Annual International Affairs Symposium, Lewis & Clark College, Portland Oregon, Debate 5: Pirates and Patents. Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? My opponent was Pieter Cleppe. My notes are appended below. https://youtu.be/f_cpqc-oHd0 We got along well and had a nice dinner after the debate. (Unofficial iphone Audio (mp3)) Strings Attached: Tracing the Global Systems that Bind. 62nd Annual International Affairs Symposium Debate 5: Pirates and Patents. Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? Lewis & Clark College, Portland Oregon April 10, 2024 Stephan Kinsella   Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? “Patents, copyrights, trademarks, etc, are intangible legal protections that allow creators to monopolize the distribution of their ideas. The international system managing these rights is often praised for promoting and protecting innovation. However, it raises the costs of acquiring new technologies, life-saving medicines, and access to knowledge for developing states. How should international intellectual property standards balance these competing interests?”   Introduction I am a practicing patent and intellectual property, or IP, attorney for 30 years and a libertarian for even longer than that. At the dawn of my career, after many years of research and thought, I came to the conclusion that all forms of IP law are completely unjust. This perspective will inform my remarks today.   Notice my opponent's remarks were not systematic and did not carefully define the relevant terms. In fact his arguments rested on two false assumptions: that patent and copyright increase innovation, and that IP law is therefore justified.   Imperialism and IP What is imperialism? Imperialism: “a policy of extending a country's power and influence through diplomacy or military force.” “Imperialism is when a country extends its power into other territories for economic or political gain.” Now, IP law is prevalent in the west: patent, copyright, trademark, and other forms. There can be little doubt that the west, especially the United States, has used its influence and power to push or even coerce other countries to adopt US-style IP law, primarily patent and copyright This is done sometimes by direct imposition or, more usually, by softer forms of coercion such as investment and free trade agreements or other international treaties Direct imposition/coercion: for example the US expanded Iraqi patent law by decree in 2004, by order of Paul Bremer, the “Administrator” of the “Coalition Provisional Authority” German constitution, or “Basic Law,” 1949, under US domination: Article 96 authorizes the establishment by federal law of the Federal Patent Court Example below: under pressures from the west, the Thai government specifically undertook not to implement Article 8 (on compulsory licensing) for HIV/AIDS treatment Treaties: The Berne Convention already requires member states to have a minimum copyright term of life of the author plus 50 years; the US has added 20 years to this(life plus 70) Treaties such as the Paris Convention and Patent Cooperation Treaty require member states to maintain certain minimum patent protections The US uses its dominant position to force other countries or regions to adopt US-style IP policies via “free trade” agreements and others like Bilateral Investment Treaties (BITs) 2500 BITs in the world today, many US-sponsored

Kinsella on Liberty Podcast: Episode 427. Yesterday (April 10, 2024) I participated in Strings Attached: Tracing the Global Systems that Bind, 62nd Annual International Affairs Symposium, Lewis & Clark College, Portland Oregon, Debate 5: Pirates and Patents. Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? My opponent was Pieter Cleppe. My notes are appended below. Official audio/video from the college should be provided shortly. In the meantime I will post here my own iphone recording of the debate. The audio for my remarks should be clear, but may be muffled for Cleppe and audience questions, until I get the official AV file from the college. We got along well and had a nice dinner after the debate. Strings Attached: Tracing the Global Systems that Bind. 62nd Annual International Affairs Symposium Debate 5: Pirates and Patents. Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? Lewis & Clark College, Portland Oregon April 10, 2024 Stephan Kinsella   Debate Topic: Is international intellectual property regulation a necessary protection for innovators or a form of modern imperialism? “Patents, copyrights, trademarks, etc, are intangible legal protections that allow creators to monopolize the distribution of their ideas. The international system managing these rights is often praised for promoting and protecting innovation. However, it raises the costs of acquiring new technologies, life-saving medicines, and access to knowledge for developing states. How should international intellectual property standards balance these competing interests?”   Introduction I am a practicing patent and intellectual property, or IP, attorney for 30 years and a libertarian for even longer than that. At the dawn of my career, after many years of research and thought, I came to the conclusion that all forms of IP law are completely unjust. This perspective will inform my remarks today.   Notice my opponent's remarks were not systematic and did not carefully define the relevant terms. In fact his arguments rested on two false assumptions: that patent and copyright increase innovation, and that IP law is therefore justified.   Imperialism and IP What is imperialism? Imperialism: “a policy of extending a country's power and influence through diplomacy or military force.” “Imperialism is when a country extends its power into other territories for economic or political gain.” Now, IP law is prevalent in the west: patent, copyright, trademark, and other forms. There can be little doubt that the west, especially the United States, has used its influence and power to push or even coerce other countries to adopt US-style IP law, primarily patent and copyright This is done sometimes by direct imposition or, more usually, by softer forms of coercion such as investment and free trade agreements or other international treaties Direct imposition/coercion: for example the US expanded Iraqi patent law by decree in 2004, by order of Paul Bremer, the “Administrator” of the “Coalition Provisional Authority” German constitution, or “Basic Law,” 1949, under US domination: Article 96 authorizes the establishment by federal law of the Federal Patent Court Example below: under pressures from the west, the Thai government specifically undertook not to implement Article 8 (on compulsory licensing) for HIV/AIDS treatment Treaties: The Berne Convention already requires member states to have a minimum copyright term of life of the author plus 50 years; the US has added 20 years to this(life plus 70) Treaties such as the Paris Convention and Patent Cooperation Treaty require member states to maintain certain minimum patent protections

Civil aviation is a vast undertaking and one that kept me in and out of trouble for 20 years of my working life. Author Ben Skipper has taken on the task of looking at the subject from the 1919 Paris Convention through to the end of the 747's service. From monks jumping off towers through Olive Beach being a badass to what comes next, join us as we take a whistlestop tour of flight without military interference. ★Buy Ben's Book, 100 Years of Civil Aviation, at The Damcasters Bookshop here: https://uk.bookshop.org/a/11015/9781399065962 ★Follow Ben on Twitter here: https://twitter.com/WriteBenSkipper★Follow Ben on Bluesky here: https://bsky.app/profile/benskipper.bsky.social★Listen to The Adjutant's Lounge on Apple Podcasts here: https://podcasts.apple.com/pl/podcast/the-adjutants-lounge-the-mess-of-the-glorious-404th/id1582427698★Visit the Fallout Substack here: https://fallout.substack.com/ ★Fancy becoming a Damcasteer? Join the fun on Patreon! Join from just £3+VAT a month to get ad-free episodes, chat with Matt and grab some merch. Click here below for more info: https://www.patreon.com/thedamcastersPlease check out the latest from our sponsor, the Pima Air and Space Museum, through the links below:★Visit the Pima Air and Space Museum's website here: https://pimaair.org/★Learn more about the Titan Missle Museum here: https://titanmissilemuseum.org/★Find out who is in the Arizona Aviation Hall of Fame here: https://pimaair.org/about-us/arizona-aviation-hall-of-fame/★Want to know how the Tucson Military Vehicle Museum is progressing? Find out more here: https://www.tucsonmilitaryvehicle.org/The Damcasters © 2022 by Matt Bone is licensed under Attribution-ShareAlike 4.0 International Hosted on Acast. See acast.com/privacy for more information.

Governing laws. The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are granted by national or regional patent offices, for example national or regional administrative authorities. A given patent is therefore only useful for protecting an invention in the country in which that patent is granted. In other words, patent law is territorial in nature. When a patent application is published, the invention disclosed in the application becomes prior art and enters the public domain (if not protected by other patents) in countries where a patent applicant does not seek protection, the application thus generally becoming prior art against anyone (including the applicant) who might seek patent protection for the invention in those countries. Commonly, a nation or a group of nations forms a patent office with responsibility for operating that nation's patent system, within the relevant patent laws. The patent office generally has responsibility for the grant of patents, with infringement being the remit of national courts. The authority for patent statutes in different countries varies. In the UK, substantive patent law is contained in the Patents Act 1977 as amended. In the United States, the Constitution empowers Congress to make laws to "promote the Progress of Science and useful Arts ...". The laws Congress passed are codified in Title 35 of the United States Code and created the United States Patent and Trademark Office. There is a trend towards global harmonization of patent laws, with the World Trade Organization (WTO) being particularly active in this area. The TRIPS Agreement has been largely successful in providing a forum for nations to agree on an aligned set of patent laws. Conformity with the TRIPS agreement is a requirement of admission to the WTO and so compliance is seen by many nations as important. This has also led to many developing nations, which may historically have developed different laws to aid their development, enforcing patents laws in line with global practice. Internationally, there are international treaty procedures, such as the procedures under the European Patent Convention (EPC) , that centralize some portion of the filing and examination procedure. Similar arrangements exist among the member states of ARIPO and OAPI, the analogous treaties among African countries, and the nine CIS member states that have formed the Eurasian Patent Organization. A key international convention relating to patents is the Paris Convention for the Protection of Industrial Property, initially signed in 1883. The Paris Convention sets out a range of basic rules relating to patents, and although the convention does not have direct legal effect in all national jurisdictions, the principles of the convention are incorporated into all notable current patent systems. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Follow Günther: https://www.linkedin.com/in/g%C3%BCnther-marten-0ba63811a/ Welcome to The Priggya Arora Show, where we have in-depth conversations about law, innovation and entrepreneurship with guests who come from different parts of the world. Are you an entrepreneur who has a business idea but is uncertain about investing in an IP plan? Does the intersection of IP and Business seem complex and unknowable to someone who's dealing with the stresses of starting a new venture? Today, we join business and IP enthusiast Günther Marten, a permanent WIPO observer and a member of the Board of Executive Advisors at the International IP Commercialization Council (IIPCC), as he answers some of the questions you may have. Join us for Episode 46 as we discuss:

Today, let's talk about how to avoid or reduce the excess claim fee for patent application in China. A foreign patent application may enter China via PCT or the Paris Convention. Since the CNIPA charges the excess claim fee differently for applications via PCT and applications under the Paris Convention, the applicant may employ special strategies for applications entering China through the two paths, so as to reasonably avoid or reduce the excess claim fee. Furthermore, regardless of the excess claim fee, by making full use of the opportunity to make voluntary amendments, it is possible to benefit the subsequent examination and gain a more desirable scope of protection.

Today, let's talk about how to avoid or reduce the excess claim fee for patent application in China. A foreign patent application may enter China via PCT or the Paris Convention. Since the CNIPA charges the excess claim fee differently for applications via PCT and applications under the Paris Convention, the applicant may employ special strategies for applications entering China through the two paths, so as to reasonably avoid or reduce the excess claim fee. Furthermore, regardless of the excess claim fee, by making full use of the opportunity to make voluntary amendments, it is possible to benefit the subsequent examination and gain a more desirable scope of protection.

CNN projected Joseph R. Biden Jr. as elected the 46th President of the United States. Winning the White House and denying President Trump a second term. It is official, Joe Biden is the 46th President of the United States. After 4 years of climate denial, disrespect for human rights, racist, sexist presidency, a US president will now move into the White House who acknowledges the climate crisis for what it is. The greatest danger of our time. How serious he is about it, we will see. Five years ago, the US, along with 194 other countries, signed the Paris Convention and agreed to limit global warming to between 1.5 and 2 degrees Celsius. But so far things look bad. The climate crisis is escalating at an alarming speed. We are practically further away from Paris than ever before. In other words, we have turned our livelihoods into a real threat to life. But the deciding factor is not that things look bad. The deciding factor is that it does not have to stay that way. The election was not such a big decision between a bad candidate and an even worse one. We are faced with a risk eight times as high for heat record summer. Periods of dry weather, crop failures, forest fires as far as the horizon, hurricanes, tropical storms with never before seen destruction. This is a worst-case scenario and it will not happen in the distant future but today. It has long been reality for people in Puerto Rico, Mozambique, Bangladesh, but also in Brandenburg, California, to name just a few. And that is only a 1.2 degree world. And what else is there to come when the warming has reached 1.5 ,2 3 degrees? Unimaginable. This is an information that would make a huge difference if more people were to become aware of where we are right now. We are experiencing a state of the world that people have never experienced before. Climate change affects us all and we must do something. We only have this one world and we should not, no, we must indeed take care of it. This election victory for Biden and the impeachment of Trump means good for the world.

Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is a form of intellectual property. United States. Trade dress protection is intended to protect consumers from packaging or appearance of products that are designed to imitate other products; to prevent a consumer from buying one product under the belief that it is another. For example, the shape, color, and arrangement of the materials of a children's line of clothing can be protectable trade dress (though, the design of the garments themselves is not protected), as can the design of a magazine cover, the appearance and décor of a chain of Mexican-style restaurants, and a method of displaying wine bottles in a wine shop. Utility model A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent, it is generally cheaper to obtain and maintain, has a shorter term (generally 6 to 15 years), shorter grant lag, and less stringent patentability requirements. In some countries, it is only available for inventions in certain fields of technology and/or only for products. Utility models can be described as second-class patents. While no international convention requires countries to protect utility models (unlike copyright, trademarks or patents) and they are not subject to the TRIPS agreement, they are subject to the Paris Convention for the Protection of Industrial Property, which means that countries that do protect utility models are required to comply with rules such as national treatment and priority. Utility models are also available (in countries that have a utility model system) via the Patent Cooperation Treaty (PCT) system of international patent applications. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Today Gregg goes over the biggest announcements from Sony's recent event in Paris and also goes into detail about the new rental service being sold at GameStop stores starting in November!

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The Convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules.

2016 was a good and bad year for efforts to tackle climate change. The good news is that 120 parties have ratified the Paris Convention; the bad news is the emergence of post-truth politics and the associated denial of the evidence that climate change is a threat to our future. Leading environmentalist and Member of UK House of Lords John Krebs discusses the trends and their implications for global efforts to reduce greenhouse gas emissions. Series: "Bren School of Environmental Science & Management" [Public Affairs] [Science] [Show ID: 31961]

2016 was a good and bad year for efforts to tackle climate change. The good news is that 120 parties have ratified the Paris Convention; the bad news is the emergence of post-truth politics and the associated denial of the evidence that climate change is a threat to our future. Leading environmentalist and Member of UK House of Lords John Krebs discusses the trends and their implications for global efforts to reduce greenhouse gas emissions. Series: "Bren School of Environmental Science & Management" [Public Affairs] [Science] [Show ID: 31961]

2016 was a good and bad year for efforts to tackle climate change. The good news is that 120 parties have ratified the Paris Convention; the bad news is the emergence of post-truth politics and the associated denial of the evidence that climate change is a threat to our future. Leading environmentalist and Member of UK House of Lords John Krebs discusses the trends and their implications for global efforts to reduce greenhouse gas emissions. Series: "Bren School of Environmental Science & Management" [Public Affairs] [Science] [Show ID: 31961]

2016 was a good and bad year for efforts to tackle climate change. The good news is that 120 parties have ratified the Paris Convention; the bad news is the emergence of post-truth politics and the associated denial of the evidence that climate change is a threat to our future. Leading environmentalist and Member of UK House of Lords John Krebs discusses the trends and their implications for global efforts to reduce greenhouse gas emissions. Series: "Bren School of Environmental Science & Management" [Public Affairs] [Science] [Show ID: 31961]

2016 was a good and bad year for efforts to tackle climate change. The good news is that 120 parties have ratified the Paris Convention; the bad news is the emergence of post-truth politics and the associated denial of the evidence that climate change is a threat to our future. Leading environmentalist and Member of UK House of Lords John Krebs discusses the trends and their implications for global efforts to reduce greenhouse gas emissions. Series: "Bren School of Environmental Science & Management" [Public Affairs] [Science] [Show ID: 31961]

2016 was a good and bad year for efforts to tackle climate change. The good news is that 120 parties have ratified the Paris Convention; the bad news is the emergence of post-truth politics and the associated denial of the evidence that climate change is a threat to our future. Leading environmentalist and Member of UK House of Lords John Krebs discusses the trends and their implications for global efforts to reduce greenhouse gas emissions. Series: "Bren School of Environmental Science & Management" [Public Affairs] [Science] [Show ID: 31961]

On today's show, Marty discusses Israel's participation in the Paris COP21 climate change conference. Listen to the 25 minute-long show to hear about what these eight amazing Israeli companies are doing in the world of renewable energy and climate change mitigation All this and more on today's "Marty Roberts Show", recorded live from Israel...