Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec Sep 2019

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …


Infringement, Unbound, Sarah R. Wasserman Rajec Sep 2019

Infringement, Unbound, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.


Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec Sep 2019

Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

Modern international trade law seeks to increase global welfare by lowering barriers to trade and encouraging international competition. This “free trade” approach, while originally applied to reduce tariffs on trade, has been extended to challenge non-tariff barriers, with modern trade agreements targeting telecommunication regulations, industrial and product safety standards, and intellectual property rules. Patent law, however, remains inconsistent with free-trade principles by allowing patent holders to subdivide the world market along national borders and to forbid trade in patented goods from one nation to another. This Article demonstrates that the doctrines thwarting free trade in patented goods are protectionist remnants …


Patents Absent Adversaries, Sarah R. Wasserman Rajec Sep 2019

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.


Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec Sep 2019

Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.