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Full-Text Articles in Law
"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski
"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski
Chicago-Kent Law Review
This article explores the interaction between current intellectual property regimes and traditional knowledge and concludes that national laws currently in place inadequately protect traditional knowledge holders. When property rights are granted on traditional knowledge, the effects can extend not only to the indigenous communities, but to the surrounding ecosystems and the global market. Commercialization and increased demand leads to shortages in natural resources and increased prices. Therefore, in order to ensure that patent applicants are deterred from acquiring property rights in traditional knowledge, as well that traditional knowledge holders receive proper benefits for their labor and knowledge, this article advocates …
Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen
Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen
Indiana Law Journal
Patent law is federal law, and the normative approach to patent reform has been top down, looking to Congress and the Supreme Court for changes to the broken and complex patent system. The normative approach thus far has not yielded satisfactory results. This Article challenges the static approach to patent reform and embraces the dynamic-federalism approach that patent reform can be an overlapping of both national and local efforts. Patent reform at the local level is essential as locales can serve as laboratories for changes, vertically compete with national government to reform certain areas of the patent system, and become …
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
San Diego International Law Journal
The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of KIPO. Part II will take a brief look at the rationale underpinning Korea’s confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. Part III will examine one of the highlights of Korean patent legislation, the Korean Invention Promotion Act, …
Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee
Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee
Intellectual Property Brief
No abstract provided.
Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek
Intellectual Property Brief
No abstract provided.
Court Closes The Door On Inventors, Open A Window For Business-Method Patents, Kristin Wall
Court Closes The Door On Inventors, Open A Window For Business-Method Patents, Kristin Wall
Intellectual Property Brief
No abstract provided.
Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee
Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee
Intellectual Property Brief
No abstract provided.
Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek
Intellectual Property Brief
No abstract provided.