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Full-Text Articles in Law
Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board, Mark Magas
Chicago-Kent Law Review
There have been many constitutional challenges against the Patent Trial and Appeal Board (“PTAB”) since it was created by the America Invents Act in 2011. While the merits of these challenges have been widely debated, there has been little analysis of what would happen if one of these challenges succeeded and patents are found to have been unconstitutionally invalidated. This note examines how issues with waiver, retroactivity, and finality may prevent patent owners from getting their patent rights back, considering the type of constitutional challenge and the different stages of the PTAB process. While the odds are stacked against patent …
Limiting Downstream Effects Of Patent Licensing Activity In Software And Electronics: An Argument For Alienability Of Patent Licenses To Licensees' Business Successors, Anna A. Onley
Chicago-Kent Law Review
Frustrating the ability to transfer ownership is costly, and non-creative entities (NCEs) may contribute to rising costs of innovation by contractually requiring their licensees to seek NCE consent to subsequent license transfers. One possible way of gradually limiting the reach of NCEs in this area is to expand the doctrine of patent misuse—which supports the unenforceability defense to patent infringement—to construe restraints on alienation of patent licenses as patent misuse. This narrowly tailored approach, discussed in this Note, minimizes the risk of negative impact on the patent system because it avoids the question of patent invalidity and does not seek …
When Is A Patent Exhausted? Licensing Patents On A Claim-By-Claim Basis, Lucas Dahlin
When Is A Patent Exhausted? Licensing Patents On A Claim-By-Claim Basis, Lucas Dahlin
Chicago-Kent Law Review
The patent exhaustion doctrine is meant to protect legitimate purchasers of patented items from post-sale restrictions imposed by patent owners. The courts, however, have recently expanded the doctrine of patent exhaustion by holding that the sale of a device which “partially” practices a patent exhausts that patent in its entirety. This holding essentially precludes patent owners from licensing their patents on a claim-by-claim basis. As inventions become more complex and require more parties working in concert to bring an idea to market, the inability to license patents on a claim-by-claim basis will lead to inventors being unable to fully monetize …
The Story Of A Character: Establishing The Limits Of Independent Copyright Protection For Literary Characters, Samuel J. Coe
The Story Of A Character: Establishing The Limits Of Independent Copyright Protection For Literary Characters, Samuel J. Coe
Chicago-Kent Law Review
Copyright law provides writers with a way to protect their original works of authorship, but courts often disagree over the scope of this protection and how far it can be extended for the fictional characters appearing within literary works. Characters like Holden Caulfield and James Bond have become extremely valuable forms of intellectual property, but even for such iconic figures it can be difficult to separate the character from the story to determine where one work ends and the other begins. To address this issue, the Second Circuit follows the "distinctly delineated" test, which asks whether a character has been …
"Open Source" And Private Ordering: A Commentary On Dusollier, Arti K. Rai
"Open Source" And Private Ordering: A Commentary On Dusollier, Arti K. Rai
Chicago-Kent Law Review
No abstract provided.
Policy-Making Dynamics In Intergovernmental Organizations: A Comment On The Remarks Of Geoffrey Yu, Coenraad Visser
Policy-Making Dynamics In Intergovernmental Organizations: A Comment On The Remarks Of Geoffrey Yu, Coenraad Visser
Chicago-Kent Law Review
No abstract provided.
The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer
The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer
Chicago-Kent Law Review
No abstract provided.
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Chicago-Kent Law Review
In this paper, we examine the potential for plant variety protection ("PVP") regimes—that is, sui generis, industry-specific intellectual property regimes—to become compromised as a result of technological change. In particular, we analyze the shift in plant breeding from phenotypic selection to genotypic selection, and consider the impact of that shift on existing plant variety protection. We also lay out an alternative structure for plant intellectual property protection based on unfair competition, a model that differs radically in some respects from current PVP schemes. We offer our model as a starting point for debate on adaptations that might improve PVP …
The Role Of International Ngos In The Intellectual Property Policy-Making And Norm-Setting Activities Of Multilateral Institutions, Duncan Matthews
The Role Of International Ngos In The Intellectual Property Policy-Making And Norm-Setting Activities Of Multilateral Institutions, Duncan Matthews
Chicago-Kent Law Review
International NGOs play a significant role in relation to intellectual property policy-making and norm-setting in the following multilateral institutions: the World Trade Organization ("WTO"); the World Intellectual Property Organization ("WIPO"); the World Health Organization ("WHO"); the Convention on Biological Diversity Conference of the Party ("CBD-COP"); and the Food and Agriculture Organization ("FAO') of the United Nations. International NGOs enhance the capacity of developing country delegates to multilateral institutions to negotiate on intellectual property issues. Although there are limits to the relationship between developing country delegates and international NGOs, relative to the resources available, international NGOs have had a considerable impact, …
Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier
Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier
Chicago-Kent Law Review
Private ordering mechanisms, such as contracts or technological measures, have increasingly been used to shift the balance between exclusive property and free access to intellectual creation embedded in all IP regimes. Most surprising is the use of private ordering mechanisms, mainly licensing schemes. This article aims at assessing the nature of norm-making operated by open-access initiatives, as well as its normative sustainability as a project to enlarge the public domain within intellectual property. My conclusion is that public ordering still has a crucial role to play to moderate the expansion of intellectual property and to ensure that intellectual creations remain …
The Structure And Process Of Negotiations At The World Intellectual Property Organization, Geoffrey Yu
The Structure And Process Of Negotiations At The World Intellectual Property Organization, Geoffrey Yu
Chicago-Kent Law Review
On October 13, 2006, the Deputy Director General of the World Intellectual Property Organization, Geoffrey Yu, spoke at the Chicago-Kent Symposium Intellectual Property, Trade and Development: Reconciling and Accommodating Different National Levels of Protection. Included here is a transcript of his remarks, which outlined the organizational structure of the Organization and the management and process of international discussions within the Organization.