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Articles 1 - 28 of 28
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Wipo General Assembly 65th: Issues Affecting The Right To Research, Sean Flynn, Andres Izquierdo
Wipo General Assembly 65th: Issues Affecting The Right To Research, Sean Flynn, Andres Izquierdo
Joint PIJIP/TLS Research Paper Series
This paper provides background and options for countries to consider in relation to items on the agenda of the 65th meeting of the WIPO General Assembly. It is prepared by the Project on Copyright the Right to Research of the Program on Information Justice and Intellectual Property, which includes the goal of sharing information and technical assistance to governments in international policy deliberations that impact the rights of scientific researchers in the digital context. The work of the WIPO General Assembly Agenda includes several matters that impact the rights of researchers. These include review of the work and recommendations of …
Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn
Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn
Joint PIJIP/TLS Research Paper Series
This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.
Comment: On Patents And Appropriations—And Tragedies, David O. Taylor
Comment: On Patents And Appropriations—And Tragedies, David O. Taylor
Washington and Lee Law Review
I write to provide a few remarks concerning Sasha Hoyt’s illuminating work published in the pages of this journal. In it, Hoyt addresses the impact of the Supreme Court’s patent eligibility decisions on private investment in the development of medical diagnostic technologies. As an initial matter, I want to congratulate Hoyt for tackling an important topic. As Hoyt discusses, medical diagnostic technologies enable the diagnosis of diseases and other medical conditions such as genetic disorders, and early and accurate diagnosis may lead to early treatments and, ultimately, at least in some cases, saved lives. But the creation of medical diagnostic …
The Impact Of Uncertainty Regarding Patent Eligible Subject Matter For Investment In U.S. Medical Diagnostic Technologies, A. Sasha Hoyt
The Impact Of Uncertainty Regarding Patent Eligible Subject Matter For Investment In U.S. Medical Diagnostic Technologies, A. Sasha Hoyt
Washington and Lee Law Review
Historically, 35 U.S.C. § 101, the statute governing patent eligible subject matter, has been construed broadly—with its legislative history indicating that it should cover “anything under the sun that is made by man.” The Supreme Court crafted three exceptions to § 101: (1) abstract ideas, (2) laws of nature, and (3) natural phenomena. In recent years, the Supreme Court’s eligibility jurisprudence has further narrowed § 101 to effectively exclude meritorious medical diagnostic methods. Indeed, since the Court’s decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Federal Circuit has held every single diagnostic method claim brought before it …
Patent Eligibility And Cancer Therapy, Christopher B. Seaman
Patent Eligibility And Cancer Therapy, Christopher B. Seaman
Washington and Lee Law Review
As an empirical legal scholar, I am pleased to report that Sasha Hoyt has done what very few law students—and even many law professors—could achieve. She successfully conducted a novel empirical study to assess the real-world impact of a U.S. Supreme Court decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc., on venture capital (VC) investment in startups and other companies that develop medical diagnostic technology.
As Ms. Hoyt notes, patent protection is particularly important for startup companies, as it can help protect their innovations from unauthorized use, attract funding and other investments, and foster collaboration with third parties. In …
Disclosure Of The Invention Before The Award Of The Patent And Its Impact On The Novelty Standard, Ibrahim Obeidat
Disclosure Of The Invention Before The Award Of The Patent And Its Impact On The Novelty Standard, Ibrahim Obeidat
UAEU Law Journal
Since the invention is one of the most essential elements in the process of growth and development of the economic life of nations, Legislations have approved certain criteria which are required for the legal protection of the invention; novelty, innovation, and industrial application, The first criterion has raised heated debate among legal scholars, this debate focused on concept; scope and application of novelty in line with secrecy. Due to the importance of novelty as a pre-condition to the existence of legal protection; it was the central issue of this study, which aimed at clarifying the means and ways to ensure …
America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay
America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay
Pace Intellectual Property, Sports & Entertainment Law Forum
Are violent video games harming America’s youth? Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent? If so, how should our society-- and government-- respond?
To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression? Are these guarantees without limit? If not, how far may the government go in …
Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski
Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski
Law Faculty Scholarship
The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.
Establishing Appropriate Best Practices In Intellectual Property Management And Technology Transfer In The United Arab Emirates: Building Human Capital, Global Networks And Institutional Infrastructure To Drive Sustainable Knowledge-Based, Innovation-Driven Development, Stanley Kowalski
Law Faculty Scholarship
Best practices (BP) are integral to national and international IP law, practice, and management. For the United Arab Emirates (UAE) to build, foster, and sustain globally-networked knowledge-based, innovation-driven, economic development in the 21st century, a suite of internationally-standardized BP in intellectual property (IP) management, technology transfer and information analysis will be necessary. For the UAE, and the other GCC states, appropriate and applicable BP will be critical to diversify from commodity over-dependence (petroleum) towards nationally, regionally and globally interconnected innovation ecosystems. Therefore, strategically building human capital, institutions, institutional infrastructure and global networks which will be required for UAE to leapfrog …
Using Intellectual Property Law To Promote Human Flourishing For “Market Women” | Section Of Intellectual Property Law.Pdf, J. Janewa Osei Tutu
Using Intellectual Property Law To Promote Human Flourishing For “Market Women” | Section Of Intellectual Property Law.Pdf, J. Janewa Osei Tutu
J. Janewa Osei-Tutu
Enhancing Innovation In The Ugandan Agri-Food Sector: Progress, Constraints, And Possibilities, Travis Lybbert, Kritika Saxena, Julius Ecuru, Dick Kawooya, Sacha Wunsch-Vincent
Enhancing Innovation In The Ugandan Agri-Food Sector: Progress, Constraints, And Possibilities, Travis Lybbert, Kritika Saxena, Julius Ecuru, Dick Kawooya, Sacha Wunsch-Vincent
Faculty Publications
No abstract provided.
Institutional Choice & Interest Groups In The Development Of American Patent Law: 1790-1865, Andrew Morriss, Craig Nard
Institutional Choice & Interest Groups In The Development Of American Patent Law: 1790-1865, Andrew Morriss, Craig Nard
Andrew P. Morriss
This paper analyzes the evolution of U.S. patent law between the first patent act in 1790 and 1870, the passage of the last major patent act of the nineteenth century. During most of the nineteenth century, patent law developed in the courts, and instrumental to this development were a relatively small patent bar, a subset of the judiciary, and several repeat parties who played a role in a significant proportion of patent cases. Yet at several junctures, most importantly with the major changes introduced in 1836, but also through minor statutory changes throughout the nineteenth century, Congress intervened to alter …
Predictability And Nonobviousness In Patent Law After Ksr, Christopher A. Cotropia
Predictability And Nonobviousness In Patent Law After Ksr, Christopher A. Cotropia
Law Faculty Publications
In KSR International Co. v. Teleflex, Inc., the Supreme Court addressed the doctrine of nonobviousness, the ultimate question of patentability, for the first time in thirty years. In mandating a flexible approach to deciding nonobviousness, the KSR opinion introduced two predictability standards for determining nonobviousness. The Court described predictability of use (hereinafter termed "Type I predictability" )-whether the inventor used the prior art in a predictable manner to create the invention-and predictability of the result (hereinafter termed "Type II predictability")-whether the invention produced a predictable result-both as a means for proving obviousness. Although Type I predictability is easily explained as …
Adjudicating Trips For Development, Molly Land
Translating Intellectual Property Into Economic Outcomes, Singapore Management University
Translating Intellectual Property Into Economic Outcomes, Singapore Management University
Perspectives@SMU
Many nations are struggling with the same challenge – how to convert their upstream R&D investments into growth elements of their national economies.
A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan
Rami Olwan
On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …
Innovation And Development In The Age Of Climate Change Adaptation: Open Or Closed?, Dannie Jost
Innovation And Development In The Age Of Climate Change Adaptation: Open Or Closed?, Dannie Jost
Dannie Jost
In a time of rapid convergence of technologies, goods, services, hardware, software, the traditional classifications that informed past treaties fail to remove legal uncertainty, or advance welfare and innovation. As a result, we turn our attention to the role and needs of the public domain at the interface of existing intellectual property rights and new modes of creation, production and distribution of goods and services.
The concept of open culture would have it that knowledge should be spread freely and its growth should come from further developing existing works on the basis of sharing and collaboration without the shackles of …
Intellectual Property, Trips And Development, Anne Fitzgerald, Rami M. Olwan
Intellectual Property, Trips And Development, Anne Fitzgerald, Rami M. Olwan
Rami M Olwan
No abstract provided.
The Bellagio Global Dialogues On Intellectual Property, Joe Karaganis
The Bellagio Global Dialogues On Intellectual Property, Joe Karaganis
Joint PIJIP/TLS Research Paper Series
This paper is an account of the Bellagio conferences and of their place within the larger arc of Rockefeller intellectual property work since 2002. In a more limited fashion, it is also an account of the transformation of IP from an obscure legal specialty into a major discourse of power and debate about the shape of globalization. The broadest achievement of the Bellagio series—and of Rockefeller Foundation work more generally in this area—has been to make this debate more open, participatory, and engaged with questions of poverty and human development.
A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan
Joint PIJIP/TLS Research Paper Series
On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …
Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva
Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva
Joint PIJIP/TLS Research Paper Series
The standards of copyright protection promoted by the Berne Convention are highly problematic for developing countries because these countries need to ensure a wide dissemination of works for teaching, scholarship, and research purposes. In order to accommodate these needs and to promote accession to this Convention, the 1971 Paris Act of the Berne Convention, included an Appendix that allowed developing countries to issue compulsory licenses for translating and/or reproducing foreign works into languages of general use in their territories. Unfortunately, the Appendix has not met the needs of developing countries, which, instead, have relied on idiosyncratic solutions. Additionally, the instrument …
Ip And Development- A Road Map For Developing Countries In The 21st Century, Rami M. Olwan, Brian Fitzgerald
Ip And Development- A Road Map For Developing Countries In The 21st Century, Rami M. Olwan, Brian Fitzgerald
Rami Olwan
The value of an intellectual property (IP) regime to a developing country (or for that matter a developed country) is the subject of increasing debate. On one side IP evangelists argue that IP laws can stimulate untold innovation and provide a foundation for economic progress. On the other side IP sceptics or abolitionists question whether IP laws really incentivize innovation or simply represent an unforeseen burden on social and economic development. The reality for many countries is that while theoretical debates are important they do not provide immediate solutions. For this reason, we want to put the polarising debates to …
Development Of Functional Indices Of Facility Occurrence Towards The Distribution Of Social Services In Lagos Island Nigeria., Augustus O. Atubi
Development Of Functional Indices Of Facility Occurrence Towards The Distribution Of Social Services In Lagos Island Nigeria., Augustus O. Atubi
Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria
Proper coordination of transport and public facilities provision is vital to any balanced regional development strategy. The central aim of this study, therefore, is to find out what the relationship is between access to the transport network and the provision of functional indices of facility occurrence towards the distribution of social services in Lagos Island, Nigeria. In particular it seeks to find out areas that have below or above average level of facility occurrences relative to the level of accessibility. However, a pair wise correlation matrix of the eleven (11) variables employed in the index construction was carried out. The …
Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski
Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski
Law Faculty Scholarship
[Excerpt] Micro-Small-Medium Enterprises (abbreviated herein henceforth as “SMEs”) are global drivers of technological innovation and economic development. Perhaps their importance has been somewhat eclipsed by the mega-multinational corporate entities. However, whereas the corporations might be conceptualized as towering sequoia trees, SMEs represent the deep, broad, fertile forest floor that nourishes, sustains and regenerates the global economic ecosystem.
[. . .]
Broadly recognized as engines of economic and global development, SMEs account for a substantial proportion of entrepreneurial activity in both industrialized and developing countries. Indeed, their role as dynamos for technological and economic progress in developing countries is critical and …
Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis
Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
New Laws, New Technology: Copyright Law Struggles With Change, Mary Lafrance
New Laws, New Technology: Copyright Law Struggles With Change, Mary Lafrance
Scholarly Works
This article examines the development of copyright law in 2000 and 2001.
Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham
Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham
RISK: Health, Safety & Environment (1990-2002)
Mr. Cunningham stresses the broad scope of biotechnological innovations. Besides endorsing the need for a new oversight commission to deal with potential social issues, he suggests, for example, that some products should be treated like biologics rather than new drugs.
Multimedia Computing: Copyright Law's "Last Stand", Steven Pepe
Multimedia Computing: Copyright Law's "Last Stand", Steven Pepe
Touro Law Review
No abstract provided.