Law Commons^™

Patents And Mobile Devices In India: An Empirical Survey, Jorge L. Contreras, Rohini Lakshane

Vanderbilt Journal of Transnational Law

Though India has the second-largest wireless subscriber base in the world, with more than 150 domestic mobile device vendors, it has, until recently, remained relatively unaffected by the global smartphone wars. Over the past few years, however, a growing number of patent enforcement actions have been brought by multinational firms against domestic Indian producers. These actions, which have largely resulted in judgments favoring foreign patent holders, have given rise to a variety of proposals for addressing this situation. In order to assess the potential impact of patents on the mobile device market in India, and to assist policy makers in …

Fighting Against Biopiracy: Does The Obligation To Disclose In Patent Applications Truly Help?, Jacques De Werra

Vanderbilt Journal of Transnational Law

In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge and genetic resources by requiring that patent applicants for inventions involving traditional knowledge and genetic resources disclose the source of those resources and provide evidence that the prior informed consent of the local owners of such resources has been obtained and that benefit-sharing agreements have been entered into with those owners.

This Article argues that a legal discussion of biopiracy should analyze the obligation to disclose the use of traditional knowledge and genetic resources in an invention …

Promoting Intellectual Property For Economic Growth, Rita Hayes, Ambassador

Vanderbilt Journal of Transnational Law

The World Intellectual Property Organization, based in Geneva, is a specialized agency of the United Nations that deals with international intellectual property matters. The Organization is perhaps best known for international agreements such as the Patent Cooperation Treaty (the PCT), The Madrid Agreement, and the Hague Agreement, which provide international registration and protection for patents, trademarks, and industrial designs, respectively.

The Organization's work in standard setting--through the development of international intellectual property law--covers the range of intellectual property from industrial property to copyright. Many of you are familiar with the WIPO Internet Treaties, two international treaties that came into force …

Trips--Natural Rights And A "Polite Form Of Economic Imperialism", A. S. Oddi

Vanderbilt Journal of Transnational Law

This Article discusses the current predominance of natural rights theory in the area of intellectual property and of patents in particular. Due to the alleged problems of international theft and pirating of patents, the recent GATT negotiations saw intellectual property law come to center stage in the debate over trade. These negotiations concluded that trade-related aspects of intellectual property law can no longer be left to the public policy of individual countries, but require new international minimum standards.

The author discusses how the basic principles of natural rights theory have been used to convince the world community to move toward …

The Impact Of The Deposit Requirement For Patenting Biotechnology: Present Concerns, Proposed Solutions, Brandi L. Wickline

Vanderbilt Journal of Transnational Law

Patenting the fruits of biotechnological research often involves problems unique to that scientific field, especially when the resulting inventions employ micro-organisms that cannot be described easily because of their novelty to the field. The importance of satisfactorily resolving these problems increases because most developed states now allow biotech inventors to patent the novel organism itself. In response to the concern that words are often inadequate to identify completely these microbes, states began allowing biotech patent applicants to deposit a sample culture of the novel micro-organism as a supplement to the written description. This Note addresses the shortcomings of the deposit …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

ILA Collective Bargaining Agreements Affecting Containerized Cargo Held Invalid as "Work Acquisition" Measures

Damages from Successive, Independent Injuries may not be Cumulated to Determine "Constructive Total Loss" where Vessel has been restored to Seaworthy Condition between Injuries

Shipowner is Entitled to Lost Profits Measured by the Prevailing Market Rate During Off-Hire Extension Period

2. CUSTOMS

Trading with the Enemy Act Authorizes Treasury Regulations Prohibiting Import of Cuban Assets when the United States Interest Arises after the Effective Date of the Regulations

Standing to Protest Imposition of Dumping Duties Denied where Plaintiff unable to prove by Substantial and Convincing …