Law Commons^™

Reconciling Patent Law And Traditional Knowledge: Strategies For Countries With Traditional Knowledge To Successfully Protect Their Knowledge From Abuse, Ameera Haider

Case Western Reserve Journal of International Law

Traditional knowledge is a form of innovation that does not fit neatly into Western notions of property. Underdeveloped countries with significant traditional knowledge lack property protection for their traditional knowledge and are often not compensated for the technology arising from this form of knowledge. This Note outlines the tension arising from the differing incentives that underlie patent and traditional knowledge systems, and recommends methods of reconciling those tensions. First, this Note advocates that countries develop national libraries of the knowledge embodied in their staple agricultural products. Next, countries should create statutes to establish a method by which outside parties can …

A Fair Return Approach To Pharmaceutical Compulsory Licensing, Maura Nuno

Case Western Reserve Journal of International Law

This article argues that universal access to drugs requires not only collaboration between nations and patent holders, but also the creation of a neutral International Panel. Under the supervision of a Neutral International Panel, the disequilibrium, created by the current system of global intellectual property protection can be equalized to improve access to drugs without undermining pharmaceutical companies and intellectual property rights.

Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease

Case Western Reserve Journal of International Law

The Tobacco Plain Packaging Act (TPPA) was passed in Australia in 2011 and set restrictions on the appearance of tobacco packages. The restrictions limited the use of trademarks to only the brand name, and banned any use of distinctive colors or images. Tobacco growing nations believed this restriction on trade dress violated Article 20 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which guarantees that no restriction may unjustifiably encumber intellectual property. Article 8 of the TRIPS Agreement, however, allows for encumbrances when it is intended to promote the protection of public health and safety. The tobacco growing …

The Interaction Of Exhaustion And The General Law, Aaron K. Perzanowski, Ariel Katz, Guy A. Rub

Faculty Publications

In Statutory Domain and the Commercial Law of Intellectual Property, John Duffy and Richard Hynes argue that IP exhaustion — the doctrine that limits a patentee’s or copyright holder’s control over goods in the stream of commerce — was created and functions exclusively to confine IP law within its own domain and prevent it from displacing other laws.

In this essay, we explain why we are not persuaded. A central theme in Duffy and Haynes work is the argument that the common law did not play a role in the emergence and development of exhaustion. However, we show that the …

Nonprofit Commercialization Under Bayh-Dole And The Academic Anticommons, Rachael A. Ream

Case Western Reserve Law Review

No abstract provided.

Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss

Case Western Reserve Journal of International Law

No abstract provided.

Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa

Case Western Reserve Journal of International Law

No abstract provided.

Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos

Case Western Reserve Journal of International Law

No abstract provided.

Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer

Case Western Reserve Journal of International Law

No abstract provided.

Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield

Case Western Reserve Journal of International Law

No abstract provided.

Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub

Case Western Reserve Journal of International Law

This is called an article in the print version, but it appears to be (a note) written by a law student.

Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss

Case Western Reserve Journal of International Law

comment on the Reichman article

Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson

Case Western Reserve Journal of International Law

comment on the Markus article

Is Competition Policy Possible In High Tech Markets: An Inquiry Into Antitrust, Intellectual Property, And Broadband Regulation As Applied To The New Economy ?, Lawrence A. Sullivan

Case Western Reserve Law Review

No abstract provided.

Intellectual Property And Antitrust: Steps Toward Striking A Balance, James Langenfeld

Case Western Reserve Law Review

No abstract provided.

Reflections: Beyond Compliance Theory--Trips As A Substantive Issue, Peter M. Gerhart

Case Western Reserve Journal of International Law

No abstract provided.

International Intellectual Property Litigation In The Next Millenium, Justice Jacob Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Intellectual Property Rights And Economic Development, Keith E. Maskus

Case Western Reserve Journal of International Law

No abstract provided.

The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, J.H. Reichman

Case Western Reserve Journal of International Law

No abstract provided.

Bringing Developing Countries' Intellectual Property Laws To Trips Standards: Hurdles And Pitfalls Facing Vietnam's Efforts To Normalize An Intellectual Property Regime, Michael W. Smith

Case Western Reserve Journal of International Law

No abstract provided.

The Importance Of Intellectual Property In Trade Between Canada And The United States, Michael Cote Hon.

Canada-United States Law Journal

Canada-United States Economic Ties: The Technology Context, intellectual property, and trade

Intellectual Property Protection In Canada: The Technology Challenge, Jim Keon

Canada-United States Law Journal

Canada-United States Economic Ties: The Technology Context, protection of intellectual property in Canada

Judicial Creation Of The Prima Facie Tort Of Plagiarism In Furtherance Of American Protection Of Moral Rights, Carolyn W. Davenport

Case Western Reserve Law Review

No abstract provided.

Encouraging The Flow Of Goods And Know-How Among Nations--The Role Of Industrial Property Rights And Antitrust Laws, Robert Goldscheider

Case Western Reserve Law Review

No abstract provided.