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Full-Text Articles in Law
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Marquette Intellectual Property Law Review
This Comment examines whether the conformity achieved by international technology treaties is at the expense of utility. Specifically, the author posits that international agreements do not serve the needs of rich and poor nations alike. Instead, the author advocates for increased autonomy by claiming better solutions will be produced when nations enter bi-lateral agreements. In reaching this conclusion, the Comment analyzes the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the problems created for developing nations through global technology protections. The author uses the United States' patent, copyright, and trademark protections as an illustrative example of how successful …
Dickinson V Zurko: An Amicus Brief, Thomas G. Field, Craig Allen Nard, John F. Duffy
Dickinson V Zurko: An Amicus Brief, Thomas G. Field, Craig Allen Nard, John F. Duffy
Marquette Intellectual Property Law Review
Professors Field, Nard, and Duffy submitted an amicus brief to the Supreme Court in the case of Dickinson v. Zurko. In Dickinson, the Federal Circuit concluded that the Patent and Trademark Office's factual findings must be reviewed under a clearly erroneous standard and not the substantial evidence standard set out in the Administrative Procedure Act. However, the amicus brief asserted that the PTO is subject to the standards of judicial review set forth in the APA.
The United States And The Madrid Protocol: A Time To Decline, A Time To Accede, Carlo Cotrone
The United States And The Madrid Protocol: A Time To Decline, A Time To Accede, Carlo Cotrone
Marquette Intellectual Property Law Review
The Madrid Agreement enables trademark owners in signatory countries to secure international trademark registration by filing one application instead of filing separate applications in each foreign country's trademark office. The United States has never acceded to the Agreement because critics have held that the Agreement favors registration-based trademark systems rather than the use-based system found in the United States. Accordingly, the Madrid Protocol was drafted to address the United States' objections to the Agreement and to provide an international registration vehicle for countries that declined to participate Agreement. In this article, the author examines the Madrid Agreement, compares the Agreement …
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
Marquette Intellectual Property Law Review
Conflicts between patent and trademark law arise when the owner of a patent seeks to protect the physical configuration disclosed in a patent. Patent law requires that information in a patent be dedicated to the public upon expiration of the patent; however, trademark law can be used upon expiration of the patent to continue to exclude certain aspects of the art disclosed in the patent. This note explores existing jurisprudence on the conflict between patent and trademark law and proposes a remedy to this conflict.