Law Commons^™

To Disclose Or Not To Disclose: Duty Of Candor Obligations Of The United States And Foreign Patent Offices, Gina M. Bicknell

Chicago-Kent Law Review

Many patent offices around the world have rigorous prior art disclosure requirements. U.S. patent applicants not only must meet each individual country's criteria for disclosure, but also must contend with allegations of inequitable conduct from patent infringers which may render their patents unenforceable. This article argues that the new prior art disclosure rules promulgated by the USPTO unfairly shift the burden of examining patent applications onto patent applicants, and create a situation ripe for allegations of inequitable conduct. This article also examines how other countries handle disclosure obligations, and recommends several alternative systems that would meet the USPTO's objectives of …

Corporate Social Responsibility: The Role Of Law And Markets And The Case Of Developing Countries, Antonio Vives

Chicago-Kent Law Review

In order for the corporation to engage in responsible practices, many obstacles must be overcome. One such obstacle is the belief of many managers that the corporation would be violating its fiduciary responsibility if it engaged in activities that go beyond what is required by the law. Another obstacle is that many of those practices have a real cost but are perceived not to have a corresponding tangible benefit. The article discusses and dismisses these perceived obstacles and argues that it is both through law and the workings of the market that responsible behavior can enhance society's welfare. It is …

Order Without (Enforceable) Law: Why Countries Enter Into Non-Enforceable Competition Policy Chapters In Free Trade Agreements, D. Daniel Sokol

Chicago-Kent Law Review

There has been an explosion in the past ten to fifteen years of bilateral and regional free trade agreements in Latin America (together, preferential free trade agreements or PTAs). The purpose of PTAs is to increase trade, regulatory, and investment liberalization. As trade liberalization requires more than just a reduction of tariffs, PTAs include "chapters" in a number of areas of domestic regulation. These chapters that address domestic regulation create binding commitments to liberalize domestic regulation that may impact foreign trade. Among chapters that address domestic regulation, many of the Latin American PTAs include a chapter on antitrust or competition …

What Is The Point Of International Criminal Justice?, Mirjan Damaška

Chicago-Kent Law Review

The first part of the article discusses the goals international criminal courts have set for themselves. The author believes that these goals are too numerous, that they are often in conflict, and that the courts are not well suited for the achievement of some of them. This situation generates disparity between the courts' aspiration and achievement, a degree of disorientation, and difficulty in assessing the courts' performance. Disillusionment stemming from unfulfilled expectations, and inconsistencies springing from disorientation, are harmful to any system of justice, and especially to international criminal courts whose legitimacy is still fragile.

In the second part of …