1973•University of Miami School of Law Institutional Repository (University of Miami)Open access

Patentability of Computer Programs

Eric Cohen

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Abstract

subject franchises, distributorships and similar enterprises to costly and onerous registration requirements which were previously not applicable.In discounting non-managerial efforts as insignificant, the Turner test may not have accurately reflected business realities.In 1970, the then General Counsel to the Securities and Exchange Commission, testifying before the Senate Select Committee on Small Businesses, expressed the view that, generally, franchises should not be considered securities because their success depends, in large measure, on the joint labor of the franchisor and franchisee.45 It is submitted that the instant decision was colored by the defendant's fraud.Hopefully, its rule will be restricted, as here, to inherently fraudulent promotions.

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subject franchises, distributorships and similar enterprises to costly and onerous registration requirements which were previously not applicable.In discounting non-managerial efforts as insignificant, the Turner test may not have accurately reflected business realities.In 1970, the then General Counsel to the Securities and Exchange Commission, testifying before the Senate Select Committee on Small Businesses, expressed the view that, generally, franchises should not be considered securities because their success depends, in large measure, on the joint labor of the franchisor and franchisee.45 It is submitted that the instant decision was colored by the defendant's fraud.Hopefully, its rule will be restricted, as here, to inherently fraudulent promotions.

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Available abstract

subject franchises, distributorships and similar enterprises to costly and onerous registration requirements which were previously not applicable.In discounting non-managerial efforts as insignificant, the Turner test may not have accurately reflected business realities.In 1970, the then General Counsel to the Securities and Exchange Commission, testifying before the Senate Select Committee on Small Businesses, expressed the view that, generally, franchises should not be considered securities because their success depends, in large measure, on the joint labor of the franchisor and franchisee.45 It is submitted that the instant decision was colored by the defendant's fraud.Hopefully, its rule will be restricted, as here, to inherently fraudulent promotions.

Key concepts: Patentability, Law, Computer science, Law and economics, Political science, Economics, Patent law, Intellectual property

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