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Full-Text Articles in Law
The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer
The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer
Matthew Rimmer
This article considers the debate over patent law, informed consent, and benefit-sharing in the context of biomedical research in respect of Indigenous communities. In particular, it focuses upon three key controversies over large-scale biology projects, involving Indigenous populations. These case studies are representative of the tensions between research organisations, Indigenous communities, and funding agencies. Section two considers the aims and origins of the Human Genome Diversity Project, and criticisms levelled against the venture by Indigenous peak bodies and anti-biotechnology groups, such as the Rural Advancement Foundation International. It examines the ways in which the United Nations Educational, Scientific, and Cultural …
The Hong Kong Amendment To The Trips Agreement: A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer
The Hong Kong Amendment To The Trips Agreement: A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer
Matthew Rimmer
In the wake of the Doha Declaration on the TRIPS Agreement and Public Health 2001 and the WTO General Council Decision 2003, there is a need for industrialised nations to implement legislation to enable the export of pharmaceutical drugs to address public health concerns.I would argue that the Patents Act 1990 (Cth) should make provision for the grant of a compulsory licence over a patented invention in circumstances of ‘a national emergency or other circumstances of extreme urgency, or in cases of public non-commercial use’. Such a measure is necessary to deal with the possibility of public health epidemics that …
Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia
Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia
American University Law Review
In 2006, the Federal Circuit decided only one portion of one patent case en banc, and that was done mainly as a procedural matter (the entire case was not argued to an en banc court) in order to reconcile prior conflicting precedent on the issue of induced patent infringement with the recent Supreme Court decision in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., involving induced copyright infringement. But in light of the Supreme Court’s much more muscular review of the Federal Circuit’s patent cases—which may not even reflect the full extent of the Court’s interest in the Federal Circuit’s patent decisions—the …
Economics And The Design Of Patent Systems, Robert M. Hunt
Economics And The Design Of Patent Systems, Robert M. Hunt
Michigan Telecommunications & Technology Law Review
I use intuition derived from several of my research papers to make three points. First, in the absence of a common law balancing test, application of uniform patentability criteria favors some industries over others. Policymakers must decide the optimal tradeoff across industries. Second, if patent rights are not closely related to the underlying inventions, more patenting may reduce R&D in industries that are both R&D and patent intensive. Third, the U.S. private innovation system has become far more decentralized than it was a generation ago. It is reasonable to inquire whether a patent system that worked well in an era …
The Failure Of Public Notice In Patent Prosecution, Michael Risch
The Failure Of Public Notice In Patent Prosecution, Michael Risch
Michael Risch
Patents often contain technical information intertwined with legal meaning, and inventions are often difficult to describe in words. Despite complex interpretive rules, patent law has failed in one of its essential missions - giving those who need to read patents the ability to understand the scope of a patent's claims in a consistent and predictable manner. As a result, those who rely on patents - patentees, potential and actual licensees, potential and actual defendants, future patent applicants, courts, and even the Patent and Trademark Office - may find it difficult or impossible to discern the metes and bounds of any …