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In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman
In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman
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Custom, including industry practices and social norms, has a tremendous influence on intellectual property (“IP”) law, from affecting what happens outside of the courts in the trenches of the creative, technology, and science-based industries, to influencing how courts analyze infringement and defenses in IP cases. For decades, many scholars overlooked or dismissed the impact of custom on IP law in large part because of a belief that the dominant statutory frameworks that govern IP left little room for custom to play a role. In the last ten years, however, the landscape has shifted and more attention has been given to …
Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips
Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips
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For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of …
The "Reasonable Plant" Test: When Progress Outruns The Constitution, Max Oppenheimer
The "Reasonable Plant" Test: When Progress Outruns The Constitution, Max Oppenheimer
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No abstract provided.
Patents On Human Genes: An Analysis Of Scope And Claims, Lori B. Andrews, Jordan K. Paradise, Timothy R. Holbrooke
Patents On Human Genes: An Analysis Of Scope And Claims, Lori B. Andrews, Jordan K. Paradise, Timothy R. Holbrooke
All Faculty Scholarship
There is significant domestic and international opposition to gene patents based on the fact that gene patents deter medical research and health care, as well as the policy position that genes are an inherent product of nature. Yet, equally troubling is the fact that gene patents have been issued by the U.S. Patent & Trademark Office that are problematic with respect to existing federal patent law. The authors of this Policy Forum describe their study, which examined issued gene patents covering a variety of genetic diseases and described ways in which many claims fell short of USPTO patentability requirements.