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Full-Text Articles in Law
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
Publications
The debate over human gene patents was recently reignited by New York federal Judge Robert Sweet, when he found isolated human gene sequences unpatentable in Association for Molecular Pathology v. U.S. Patent and Trademark Office , 702 F.Supp.2d 181 (S.D.N.Y. 2010). An appeal of the decision is pending, and in October, the U.S. Department of Justice filed an amicus curiae brief in the case arguing that such gene sequences should not be patentable, contradicting long-standing practices of the United States Patent and Trademark Office. Given the potent impact of a possible gene patent ban on gene-based medical therapies and the …
9th Annual Conference On Recent Developments In Intellectual Property Law & Policy, Marc Greenberg, William T. Gallagher, Chester S. Chuang
9th Annual Conference On Recent Developments In Intellectual Property Law & Policy, Marc Greenberg, William T. Gallagher, Chester S. Chuang
Intellectual Property Law
Conference agenda and booklet.
Patenting Human Genes: The Myriad Controversy, Chester S. Chuang, Denys T. Lau
Patenting Human Genes: The Myriad Controversy, Chester S. Chuang, Denys T. Lau
Publications
The controversy over human gene patents was reignited in March 2010 when a US Federal District Court decided that isolated human gene sequences are not patentable. An appeal is pending, although the US Department of justice filed a friend-of-the-court brief in the case in late October, arguing that such gene sequences should not be patentable. Because this case may eventually find its way to the US Supreme Court, the ruling could have significant implications for gene-based medical therapies and for the biotechnology industry overall. It is therefore important to assess both the past and present context of this controversy, taking …
The Ip Law Book Review, Vol. 1 #1, June 2010, William T. Gallagher, Chester Chuang
The Ip Law Book Review, Vol. 1 #1, June 2010, William T. Gallagher, Chester Chuang
Intellectual Property Law
No abstract provided.
Kurlan V. Cbs: Justice Carter’S Prescient Dissent— A Glimpse Into The Future Of Copyright Protection In The Entertainment Industry, Marc H. Greenberg
Kurlan V. Cbs: Justice Carter’S Prescient Dissent— A Glimpse Into The Future Of Copyright Protection In The Entertainment Industry, Marc H. Greenberg
Publications
A scholar of intellectual property law quickly learns that complacency, and the privilege of working in a largely static and unchanging body of law, is not a benefit available to those who labor in this endlessly fascinating but fast-paced and always changing field. The 1953 decision of the California Supreme Court in Kurlan v. CBS (hereinafter “Kurlan”), provides yet another example of this principle. Many of the assumptions found in the majority decision have long been abandoned or substantially revised. Justice Carter’s dissent, however, contains the seeds of those revisions, and is prescient in its understanding of the need to: …
The Sly Rabbit And The Three C'S: Copyright, Calligraphy And China, Marc Greenberg
The Sly Rabbit And The Three C'S: Copyright, Calligraphy And China, Marc Greenberg
Publications
This article posits that among many different methods available to improve enforcement of Western-style intellectual property (IP) laws in China, ultimately, the most effective of these may be to support and aid the slow but steady shift in Chinese culture away from a collective society view towards an individual ownership view with broader support for the concept of individual rights and freedoms on a variety of fronts, not just the IP arena. Within this context, I note in passing that the movement in China to embrace many of the attributes of Western culture is a mixed blessing, as media coverage …
The European Court Of Justice Rules On Keyword Ads And Trademark Rights, David Franklyn
The European Court Of Justice Rules On Keyword Ads And Trademark Rights, David Franklyn
Publications
On March 22, 2010, the European Court of Justice ("ECJ") issued a decision finding Google not liable for trademark infringement in the context of its Ad Words program. The European Court of Justice issued its long-anticipated decision in the three Google AdWords cases referred to it by the French Cour de Cassation. The ruling only answers the questions posed to it by the Cour de Cassation. Nevertheless, the ECJ's decision should be favorable to Google and other keyword advertising vendors throughout Europe.
Green Warfare: An American Grand Strategy For The 21st Century, Colin Crawford
Green Warfare: An American Grand Strategy For The 21st Century, Colin Crawford
Publications
This Comment advocates an Apollo Program-type mentality in terms of "greening" American society from the top down-beginning with the military-in order to break the country's addiction to fossil fuels. In embracing a broad-based "green" strategy, the United States can weave together a number of priorities heretofore thought irreconcilable: national security, environmental protection, and economic growth. In defining a clear "enemy" - our dependence on fossil fuels - the U.S. can unite various segments of society around a value-neutral and universally beneficial policy objective. By calling upon the resources of academia, the military, and the business community, the government can harness …