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Washington University in St. Louis

Washington University Journal of Law & Policy

International Law

Intellectual property

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

E Unum Pluribus: After Bond V. United States, State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn J. Gibbons Jan 2015

E Unum Pluribus: After Bond V. United States, State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn J. Gibbons

Washington University Journal of Law & Policy

Intellectual property issues are among the most significant and hotly contested issues in foreign policy that require treaties that regulate private domestic actors. This Article analyzes two intellectual property examples, one from Berne Convention and the other from the Paris Convention, where state law supplements federal law to provide the minimum level of legal protection required under each treaty. The Article provides an overview of Bond v. United States and then analyzes whether the federal law of preemption or principles of international law require states to develop their law in a manner consistent with US foreign policy. The Article then ...


The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne Jan 2009

The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne

Washington University Journal of Law & Policy

Because innovation cycles in the plant breeding industry require five to fifteen years to create new stable varieties, the Multilateral System will not start producing effects for a few more years. However, the share of benefits derived from the commercialization of plant genetic resources that incorporate genetic material accessed from the Multilateral System should be fairly limited pursuant to the provisions of the Standard Material Transfer Agreement adopted by the International Treaty Governing Body in June 2006. This seems to vindicate the position of China and Ethiopia, which consisted of maintaining soybean and coffee outside the Multilateral System. Part I ...


The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo Jan 2009

The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo

Washington University Journal of Law & Policy

This Article will critically examine how effectively the new ITPGRFA combines these open source and proprietary elements and will conclude by comparing this commendable, albeit imperfect, Multilateral System with its potentially bipolar alternative—namely, the continuation of current controversies over the patentability of genetic materials and over reactive assertions of sovereignty over plant genetic resources.