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Full-Text Articles in Law
Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio
Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio
Marquette Intellectual Property Law Review
This article critically analyzes the agreement implementing Paragraph 6 of the Doha Declaration. The author briefly details the trend of linking intellectual property rights to international trade before summarizing the pertinent provisions of the TRIPs Agreement. The author then introduces the controversy surrounding access to medicines by first detailing the global events that brought the issue to the fore and then by evaluating the accomplishments and unanswered questions of the Doha Declaration. The author also discusses the agreement implementing the Paragraph 6 Mandate, critically analyzes its provisions, and addresses several lingering questions and problems unaddressed by this agreement. The author …
Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec
Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec
Marquette Intellectual Property Law Review
This article examines the scope of patent protection granted in Germany and the United Kingdom (UK). The author aims to review the legal framework, practice, and case law on the issue of the interpretation of patent scope in Germany and the UK. The author also discusses the legal principles applied by courts in Germany and the UK in different patent cases and examines the differences in the application of patent application. The author concludes that the only significant difference between Germany and the UK that can be identified is the inability of German courts to decide on the validity of …
Protection For Indigenous Peoples And Their Traditional Knowledge: Would A Registry System Reduce The Misappropriation Of Traditional Knowledge?, Thomas J, Krumenacher
Protection For Indigenous Peoples And Their Traditional Knowledge: Would A Registry System Reduce The Misappropriation Of Traditional Knowledge?, Thomas J, Krumenacher
Marquette Intellectual Property Law Review
This Comment examines the controversy over whether a registry system is the best way to prevent Western inventors from obtaining intellectual property protection for traditional knowledge that has been misappropriated from underdeveloped parts of the world. This dilemma exists because traditional knowledge often constitutes patentable subject matter, most indigenous peoples do not subscribe to a Western "property rights" view of the world, and exploitation of traditional knowledge has become easier through improved communication capabilities. This Comment argues in favor of a registry system to catalog traditional knowledge; patent examiners would deny patent protection to any invention that replicates traditional knowledge. …
Patenting The Biological Bounty Of Nature: Re-Examining The Status Of Organic Inventions As Patentable Subject Matter, Burton T. Ong
Patenting The Biological Bounty Of Nature: Re-Examining The Status Of Organic Inventions As Patentable Subject Matter, Burton T. Ong
Marquette Intellectual Property Law Review
Mr. Ong discusses the controversy regarding biotechnology patents. Opponents of biotechnology patents are concerned that these patents show disrespect for life and nature, expropriate the traditional knowledge of indigenous communities, and encourage practices that threaten the environment. Proponents of biotechnology patents argue that patents are, at worst, neutral on such issues because they only grant a right to exclude; moreover, such patents encourage innovation in the public interest. Ong focuses instead on whether an individual inventor deserves an intellectual property right based on his contributions to a modified living organism or an organic substance derived from a living organism. He …
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Marquette Intellectual Property Law Review
In her Article, Ms. Kingsbury notes that American courts do not use antitrust law's market definition approach in intellectual property cases. She discusses five potential rationales for this dichotomy: (1) intellectual property cases involve new products without defined markets; (2) market definition limits judicial flexibility; (3) courts do not want to burden intellectual property litigants with the time and expense of economic evidence; (4) judges reason from precedent, and that precedent did not consider market definition; and (5) "market" conveys a different meaning in intellectual property law than it does in antitrust law. Kingsbury presents counterarguments to these rationales and …