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Full-Text Articles in Law
The Presumption Of Patentability, Sean B. Seymore
The Presumption Of Patentability, Sean B. Seymore
Vanderbilt Law School Faculty Publications
When the Framers of the United States Constitution granted Congress the authority to create a patent system, they certainty did not envision a patent as an a priori entitlement. As it stands now, anyone who files a patent application on anything is entitled to a presumption of patentability. A patent examiner who seeks to challenge patentability faces the dual burden of building a prima facie case of unpatentability and carrying the ultimate burden of proof. Thus, from the outset, an applicant is in a very good position; but the examiner’s limited resources, time pressures, and production goals tip the scales …
Plain Packaging And The Trips Agreement: A Response To Professors Davison, Mitchell And Voon, Daniel J. Gervais
Plain Packaging And The Trips Agreement: A Response To Professors Davison, Mitchell And Voon, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The issue of plain packaging is at the very core of the intersection between trade law, intellectual property and public health. Unlike the issue of export of generic pharmaceuticals, which was addressed in the World Trade Organization by the adoption of a specific Declaration and notification system, it seems that plain packaging will be addressed by the WTO Dispute-Settlement Body. A report prepared by the author in 2010 discussing the intellectual property aspects of plain packaging was critiqued by Professors Davison, Mitchell and Voon in several publications and submissions, including a recent book. In this article, the author responds to …