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2007

Chicago-Kent College of Law

Patents

Articles 1 - 7 of 7

Full-Text Articles in Law

The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard Jun 2007

The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard

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 Jun 2007

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 Jun 2007

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 …


Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss Jun 2007

Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss

Chicago-Kent Law Review

No abstract provided.


A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho Jun 2007

A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho

Chicago-Kent Law Review

Can patent rights and public health coexist? This is a pressing global question in an era where the AIDS pandemic rages in countries that cannot afford to pay for the most effective—and patent-protected—AIDS treatment. Even in countries with higher levels of income, patent problems may nonetheless loom large in unanticipated situations that could turn deadly without access to patented drugs, such as the 2001 anthrax "crisis" or the potential avian flu epidemic. This article provides an important perspective on how international laws currently impact the intersection between patent rights and public health. This article begins with an explanation of patent …


The United States First-To-Invent System: Economic Justifications For Maintaining The Status Quo, Suzanne Konrad Jun 2007

The United States First-To-Invent System: Economic Justifications For Maintaining The Status Quo, Suzanne Konrad

Chicago-Kent Law Review

The latest patent reform bill, the United States Patent Act of 2005, has rehashed one of the most hotly contested debates in patent law: whether the United States should switch to a first-to-file system. Most arguments for keeping the current first-to-invent system center on fairness to small businesses or individual inventors. Although this argument has held its own for many years, it is beginning to erode in the face of counterarguments that the switch to a first-to-file system would be economically beneficial by simplifying matters and encouraging faster public disclosure. Thus fairness is no longer enough to justify maintaining the …


The Aftermath Of Festo V. Smc: Is There "Some Other Reason" For Justifying The Third Festo Rebuttal Criterion?, Erin Conway Jun 2007

The Aftermath Of Festo V. Smc: Is There "Some Other Reason" For Justifying The Third Festo Rebuttal Criterion?, Erin Conway

Chicago-Kent Law Review

Encouraging technological innovation and improvement lies at the heart of the U.S. patent system. To achieve this goal, the patent system must provide robust protection to patentees while assuring that would-be inventors know exactly where protected inventions end and areas open to development begin. In recognizing the importance of these two functions of the patent laws, the Supreme Court in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. ("Festo VIII") set out to clarify the relationship between two important, yet troublesome, patent law doctrines-the doctrine of equivalents and prosecution history estoppel. However, in its attempt to restore balance …