Issued patents and the standard of proof: evidence clear and convincing or merely ponderous?

Article Abstract:

Patent litigation should be decided according to one standard of proof: preponderance of the evidence. Courts and scholars long disagreed on the correct standard of proof for patent suits. The Supreme Court disallowed the once-prevalent beyond a reasonable doubt standard as inappropriate in civil cases. Clear and convincing evidence is now the prevailing standard. However, case law and statutory analysis showed that the preponderance standard is the correct one even when patent validity is presumed.

Standards, Burden of proof, Patent law

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Tracking stolen artworks on the Internet: a new standard for due diligence

Article Abstract:

A universal standard for due diligence that makes use of the Internet should be established for recovering stolen art works. An official Web site should be created that lists stolen art by type, place of origin, and owner. It should include information on possible suspects and police organizations involved in searching for the art. The site should also contain an image of the art work. Owners, buyers and sellers should satisfy due diligence standards that incorporate Internet access.

Police Protection, Law Enforcement & Crime Prevntn, Methods, Art, Protection and preservation, Law enforcement, Crime prevention

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Who owns the Web site: the ultimate question when a hiring party has a falling-out with the Web site designer

Article Abstract:

Ownership of a World Wide Web site can become disputed if copyright assignment has not been made between a business person and a hired web designer before the design work begins. Disputes frequently occur when relationships between the two parties disintegrate. The author must be identified and any transfer of rights must be located to determine who is the owner of the Web site. The best procedure is to assign copyright rights before the design work begins.

Patents & copyrights, Web sites (World Wide Web), Web sites, Copyright, Copyrights, Authorship

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