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Implied License
An implied license is an unwritten license which permits a party (the licensee) to do something that would normally require the express permission of another party (the licensor). Implied licenses may arise by operation of law from actions by the licensor which lead the licensee to believe that it has the necessary permission. Implied licenses often arise where the licensee has purchased a physical embodiment of some intellectual property belonging to the licensor, or has paid for its creation, but has not obtained permission to use the intellectual property. Examples * A person who purchases a record album does not explicitly purchase a right to ''perform'' that album by playing it on a record player, but this right is implied. * In patent law, if an employee invents something while on company time, the employer receives an implied license to use the invention, even if no contract exists to assign rights to the employer. This is sometimes referred to as shop right. In copyrigh ...
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License
A license (American English) or licence (Commonwealth English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue", because a license usually either permits the licensed party to engage in an illegal activity, and subject to prosecution, without the license (e.g. Fishing license, fishing, Driver's license, driving an automobile, or operating a Broadcast license, broadcast radio or television station), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copie ...
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Web Cache
A web cache (or HTTP cache) is a system for optimizing the World Wide Web. It is implemented both client-side and server-side. The caching of multimedia and other files can result in less overall delay when web browser, browsing the Web. Parts of the system Forward and reverse A forward cache is a cache outside the web server's network, e.g. in the client's web browser, in an ISP, or within a corporate network. A network-aware forward cache only caches heavily accessed items. A proxy server sitting between the client and web server can evaluate HTTP headers and choose whether to store web content. A reverse cache sits in front of one or more web servers, accelerating requests from the Internet and reducing peak server load. This is usually a content delivery network (CDN) that retains copies of web content at various points throughout a network. HTTP options The Hypertext Transfer Protocol (HTTP) defines three basic mechanisms for controlling caches: freshness, validation, and ...
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Semiconductor Chip Protection Act
The Semiconductor Chip Protection Act of 1984 (or SCPA) is an act of the US Congress that makes the layouts of integrated circuits legally protected upon registration, and hence illegal to copy without permission. It is an integrated circuit layout design protection law. Background Prior to 1984, it was not necessarily illegal to produce a competing chip with an identical layout. As the legislative history for the SCPA explained, patent and copyright protection for chip layouts, chip ''topographies'', was largely unavailable. This led to considerable complaint by American chip manufacturers—notably, Intel, which, along with the Semiconductor Industry Association (SIA), took the lead in seeking remedial legislation—against what they termed "chip piracy." During the hearings that led to enactment of the SCPA, chip industry representatives asserted that a pirate could copy a chip design for $100,000 in 3 to 5 months that had cost its original manufacturer upwards of $1 millio ...
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Exhaustion Doctrine
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets are governed by the principle. After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner. This limitation is also referred to as the exhaustion doctrine or first sale doctrine. For example, if an inventor obtains a patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent) can legally prohibit other companies from making and selling this kind of umbrella, but cannot prohibit customers who have bought this umbrella from the patent owner from reselling the umbrella to thir ...
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Sydney Templeman, Baron Templeman
Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995. Early life and career Templeman was born on 3 March 1920, the son of Herbert William Templeman (a coal merchant) & his wife Lilian née Pheasant. He was educated at Southall Grammar School and St John's College, Cambridge, where he was a scholar and read History. His studies were interrupted by World War II. In 1941, he was commissioned into the 4 Gorkha Rifles, and saw action on the Northwest Frontier, at Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service. Following the war, he returned to Cambridge to finish his studies, and read law. He was called to the bar by the Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the fo ...
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British Leyland Motor Corp
British Leyland was a British automotive engineering and manufacturing conglomerate formed in 1968 as British Leyland Motor Corporation Ltd (BLMC), following the merger of Leyland Motors and British Motor Holdings. It was partly nationalised in 1975, when the British government created a holding company called British Leyland, later renamed BL in 1978. It incorporated much of the British-owned motor vehicle industry, which in 1968 had a 40% share of the UK car market, with its history going back to 1895. Despite containing profitable marques such as Jaguar, Rover, and Land Rover, as well as the best-selling Mini, BLMC had a troubled history, leading to its eventual collapse in 1975 and subsequent part-nationalisation. After much restructuring and divestment of subsidiary companies, BL was renamed the Rover Group in 1986, becoming a subsidiary of British Aerospace from 1988 to 1994, then was subsequently bought by BMW. The final surviving incarnation of the company as the MG ...
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Doctrine Of Non-derogation From Grants
The doctrine of non-derogation from grants is a principle of the law of England and Wales. As the House of Lords explained in '' British Leyland Motor Corp v Armstrong Patents Co'', it states that a seller of realty or goods is not permitted to take any action (such as bringing an infringement action) that will lessen the value to the buyer of the thing sold. United States federal law recognises similar doctrines such as the exhaustion doctrine or doctrine of implied license. A similar effect has also been realised in United States patent law Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limit ... under the doctrine of repair and reconstruction.See '' Aro Mfg. Co. v. Convertible Top Replacement Co.'', 365 U.S. 336 (1961). An important difference between the doctrine of non-derogation fr ...
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De Facto Standard
A ''de facto'' standard is a custom or convention that is commonly used even though its use is not required. is a Latin phrase (literally " of fact"), here meaning "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established". A ''de facto'' standard contrasts an international standard which is defined by an organization such as International Standards Organization, or a standard required by law (also known as ''de jure'' standards). Joint technical committee on information technology (ISO/IEC JTC1) developed a procedure in order for de facto standards to be processed through the formal standardization system to be transformed into international standards from ISO and IEC. In social sciences a voluntary standard that is also a ''de facto'' standard is a typical solution to a coordination problem. The choice of a ''de facto'' standard tends to be stable in situations in which all parties can realize mutual gains, but only by ...
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Field V
Field may refer to: Expanses of open ground * Field (agriculture), an area of land used for agricultural purposes * Airfield, an aerodrome that lacks the infrastructure of an airport * Battlefield * Lawn, an area of mowed grass * Meadow, a grassland that is either natural or allowed to grow unmowed and ungrazed * Playing field, used for sports or games Arts and media * In decorative art, the main area of a decorated zone, often contained within a border, often the background for motifs ** Field (heraldry), the background of a shield ** In flag terminology, the background of a flag * ''FIELD'' (magazine), a literary magazine published by Oberlin College in Oberlin, Ohio * ''Field'' (sculpture), by Anthony Gormley Organizations * Field department, the division of a political campaign tasked with organizing local volunteers and directly contacting voters * Field Enterprises, a defunct private holding company ** Field Communications, a division of Field Enterprises * Field Muse ...
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Operation Of Law
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a Will (law), will, their heirs are determined by operation of law. Similarly, if a person marries or has a child after their will has been written, the law writes this pretermitted spouse or pretermitted heir into the will if no provision for this situation was specifically included. Adverse possession, in which title to land passes because non-owners have occupied it for a certain period of time, is another important right that vests by operation of law.See ''West's Encyclopedia of America Law, edition 2'' (The Gale Group, Inc., 2008); John Bouvier, ''A Law Dictionary, Adapted to the Constitution and Laws of the United States'' (1856). Events that occur by operation of law do so because courts have determined over time that the rig ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by ...
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Chancery Division
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high-value and high-importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged int ...
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