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Full-Text Articles in Comparative and Foreign Law
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Robin Jacob
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Robin Jacob
Washington Journal of Law, Technology & Arts
The Future of Innovation in Medicine Conference (“Conference”) proceedings contained in this Symposium Issue are about the problem of incentivizing research into new uses for established medicines. Putting the problem into the wider context of financing pharma research generally gives an important perspective.
The Patent And Non-Patent Incentives For Research And Development Of New Uses Of Known Pharmaceuticals In Japan, Toshiko Takenaka
The Patent And Non-Patent Incentives For Research And Development Of New Uses Of Known Pharmaceuticals In Japan, Toshiko Takenaka
Washington Journal of Law, Technology & Arts
Japan is one of most innovative drug manufacturer-friendly countries because it revised its patent and drug regulation systems for providing patent and non-patent incentives for new use and treatment R&D based on its pro-patent and pro-medical science policies. This article provides an overview of the pharmaceutical industry and examines patent and non-patent incentives for drug R&D in focusing on incentives for developing new uses of and treatments for known drugs from a comparative law perspective. After discussing the difficulties in establishing infringement and in obtaining injunctions against generic drug manufacturers who infringe new use product patents, the article reviews measure …
Innovation In Known Drugs—The European Angle, Galit Gonen
Innovation In Known Drugs—The European Angle, Galit Gonen
Washington Journal of Law, Technology & Arts
Research into new uses for known drugs should be encouraged because the “repurposing” of known drug molecules can be a highly effective route of innovation for pharmaceutical companies. Investment in the development of these products should be rewarded. However, incentives that are designed to reward innovation must be in line with the size and value of the innovation in order to maintain a sustainable balance between incentivizing research and developing and encouraging a competitive market. In the context of encouraging innovation of new uses for known drugs, factors that facilitate access to drug development and innovation should also be considered …
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Anon
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Anon
Washington Journal of Law, Technology & Arts
A transcript of the symposium's proceedings.
Infringement Of Swiss-Type Second Medical Use Patent Claims In Germany—Recent Developments In Case Law, Matthias Zigann
Infringement Of Swiss-Type Second Medical Use Patent Claims In Germany—Recent Developments In Case Law, Matthias Zigann
Washington Journal of Law, Technology & Arts
Following recent regional court decisions on the infringement of second medical use patent claims, the German concept of manifest arrangement—previously believed to provide a safe harbor for generic pharmaceutical companies as long as they skinny-labeled their products—may be subject to a new interpretation. The German decisions are part of a Europe wide series of decisions on the same or similar subject matter and prove to be patent owner friendly.
The Influence Of Special Interest Groups On Copyright Law And Policy—A Comparison Of The Legislative Processes In The United States And Switzerland, Michael P. Kunz
The Influence Of Special Interest Groups On Copyright Law And Policy—A Comparison Of The Legislative Processes In The United States And Switzerland, Michael P. Kunz
Washington Journal of Law, Technology & Arts
In April 2016, the Office of the United States Trade Representative placed Switzerland on the Watch List of its 2016 Special 301 Report, which contains an annual review of the state of intellectual property rights protection and enforcement in U.S. trading partners around the world. According to the Report, the decision to put Switzerland on the Watch List was premised on U.S. concerns regarding specific difficulties in Switzerland’s system of online copyright protection and enforcement, particularly the “Logistep” ruling issued by the Federal Supreme Court of Switzerland in 2010. Although the Swiss authorities have acknowledged the difficulties mentioned in the …
Privacy Harmonization And The Developing World: The Impact Of The Eu's General Data Protection Regulation On Developing Economies, Tiffany Curtiss
Privacy Harmonization And The Developing World: The Impact Of The Eu's General Data Protection Regulation On Developing Economies, Tiffany Curtiss
Washington Journal of Law, Technology & Arts
Through strengthened third-party obligations for data protection, the European Union’s General Data Protection Regulation will export privacy norms. However, developing economies may want to consider a co-regulatory industry approach to data protection before adopting similar national legislation. The General Data Protection Regulation can be an ideal model for global harmonization of privacy laws, particularly for adoption among industries and willing participants. To benefit from a co-regulatory approach, however, a developing economy would need to invest in education and legal systems in order to capture the benefits of the growing e-commerce market that will undoubtedly be influenced by the General Data …
A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China, Hui Shangguan
A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China, Hui Shangguan
Washington Journal of Law, Technology & Arts
Non-compete agreements are commonly used in both the United States and China, and are regarded as an important means for employers to prevent employees or rival companies from using valuable trade secrets for competitive purposes. Despite their popularity, however, the enforceability of non-competes in both countries can be difficult to determine. In the U.S., the level to which non-competes are fully enforced varies by jurisdiction. While some state courts apply a “rule of reason,” others, such as California, prohibit non-competes altogether. In contrast, Chinese courts tend to support non-competes. This Article provides a comparative perspective of non-competes in the U.S. …
Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti
Washington Journal of Law, Technology & Arts
This Article advocates consideration of the United Kingdom’s jurisprudence as persuasive authority for implementation of a new framework for analysis of subject matter eligibility of computer-implemented inventions in light of the United States Supreme Court’s ruling in Alice Corp. v. CLS Bank International. The U.K.’s patent jurisprudence provides a more developed and clear analytic framework that conforms to the policy objectives of Alice, while also avoiding the conceptual problem of determining what is “abstract.” The result is a more useful and concrete analytic framework that also reduces conflicts of laws, and thus can help spur innovation across the …
The Role Of Anti-Money Laundering Law In Mobile Money Systems In Developing Countries, Emery S. Kobor
The Role Of Anti-Money Laundering Law In Mobile Money Systems In Developing Countries, Emery S. Kobor
Washington Journal of Law, Technology & Arts
This Article explains that the application of anti-money laundering (AML) regulation, supervision, and enforcement is relevant to financial inclusion, but is not, in itself, necessarily determinative of the success or failure of financial inclusion initiatives or their impact on economic growth. Successful payments system innovation, particularly payment tools targeting underserved markets, requires effective entrepreneurship operating in an environment of good governance and rational economic policies. AML safeguards help to deter corruption and other forms of financial crime, which helps to establish and maintain economic stability and preserve the rule of law, creating a supportive environment for innovation and financial inclusion. …
Privacy And Security Concerns Associated With Mobile Money Applications In Africa, Andrew Harris, Seymour Goodman, Patrick Traynor
Privacy And Security Concerns Associated With Mobile Money Applications In Africa, Andrew Harris, Seymour Goodman, Patrick Traynor
Washington Journal of Law, Technology & Arts
The rapid adoption of mobile money use in Africa raises concerns regarding the privacy and security of users, particularly in light of Financial Action Task Force recommendations requiring user transparency and the collection of transaction data. The transparency required of the now-financially-included—particularly in nations with weak adherence to the rule of law and limited privacy protections—leaves users vulnerable to abuse. Further, the increasing complexity of mobile phone use that is indicative of mobile money applications raises concerns regarding Africa’s preparedness for heightened security threats that come hand in hand with increased use. To address these problems, the authors of this …
Mobile Money, Financial Inclusion And Financial Integrity: The South African Case, Vivienne A. Lawack
Mobile Money, Financial Inclusion And Financial Integrity: The South African Case, Vivienne A. Lawack
Washington Journal of Law, Technology & Arts
The usage of mobile banking and in particular, payments by means of mobile phones, has increased in recent years in South Africa, with consequent impacts from a legal and regulatory point of view. South Africa is a developing economy with a large “unbanked” sector. That is, a large segment of the population does not have bank accounts and “banking” happens through informal means. This Article deals with the legal and regulatory framework pertaining to mobile money and examines issues relating to financial integrity and financial inclusion as they present themselves in South Africa. The author states that the regulatory framework …
M-Payments In Brazil: Notes On How A Country's Background May Determine Timing And Design Of A Regulatory Model, Gilberto Martins De Almeida
M-Payments In Brazil: Notes On How A Country's Background May Determine Timing And Design Of A Regulatory Model, Gilberto Martins De Almeida
Washington Journal of Law, Technology & Arts
Extended periods of high-inflation in Brazil have resulted in a sophisticated platform for payment methods and a vast network of banking correspondents all over the country. Social policies have encouraged increased access to telecommunications, with the number of mobile phones exceeding the nearly 200 million inhabitants. Governmental programs intend to combine such strengths to achieve massive financial inclusion and integrity, an effort that is expected to reach dozens of millions of new beneficiaries. In that endeavor, authorities wish to foster rapid popularization of mobile payments (m-payments) while keeping sound financial controls. Availability of current technological and legal platforms has allowed …
Safaricom And M-Pesa In Kenya: Financial Inclusion And Financial Integrity, Mercy W. Buku, Michael W. Meredith
Safaricom And M-Pesa In Kenya: Financial Inclusion And Financial Integrity, Mercy W. Buku, Michael W. Meredith
Washington Journal of Law, Technology & Arts
The recent and widespread availability of affordable mobile phone technology in developing countries has paved the way for the development of a number of mobile money and electronic remittance services. One of the most successful of these services is Safaricom’s M-PESA program, launched in the East African nation of Kenya in March 2007. Since then, the program has successfully enrolled 15.2 million users, transferred more than US$1.4 trillion in electronic funds, and contributed significantly to poverty alleviation and financial inclusion efforts in rural Kenya. This Article seeks to trace the development of M-PESA in Kenya, provide a snapshot of the …
The Reporting Of Suspicious Activity By Mobile Money Service Providers In Accordance With International Standards: How Does It Impact On Financial Inclusion?, Miriam Goldby
Washington Journal of Law, Technology & Arts
Among the obligations which countries are required to impose upon their financial institutions under the Financial Action Task Force’s (FATF) 40 Recommendations is the obligation to report suspicions of money laundering. This Article discusses the impact that a reporting regime such as that set up in the United Kingdom in response to FATF requirements is likely to have should it be set up in developing countries seeking to regulate mobile money services. This Article argues that certain features of the U.K. suspicious activity reporting regime make it unsuitable for wholesale adoption into such a context. A one-size-fits-all approach by the …
Chief Judge Rader's Contribution To Comparative Patent Law, Toshiko Takenaka
Chief Judge Rader's Contribution To Comparative Patent Law, Toshiko Takenaka
Washington Journal of Law, Technology & Arts
Chief Judge Rader influences patent jurisprudence in other nations through his interaction with judges and lawyers from these jurisdictions. He also uses the comparative method to gain insights from experiences in these jurisdictions to improve U.S. patent jurisprudence. This Article discusses opinions authored by Chief Judge Rader from the comparative law perspective. It discusses his influence on European and Japanese patent jurisprudence in the three areas: the (I) patent eligibility, (II) nonobviousness, and (III) enablement-written description requirements. Judge Rader likewise used his knowledge of foreign jurisprudence to interpret U.S. patent statutes and to develop doctrines in these areas.
Efforts To Establish Clear Standards For Exhaustion In Japan, Kaoru Kuroda, Eiji Katayama
Efforts To Establish Clear Standards For Exhaustion In Japan, Kaoru Kuroda, Eiji Katayama
Washington Journal of Law, Technology & Arts
The Honorable Chief Judge Rader has often emphasized the importance of establishing clear standards in the field of patent law. Similarly, Japanese courts in this field seem to make an effort to present a clear rule in their holdings. Patent exhaustion theory is one of the fields where a clear and concrete standard by the courts is especially needed. This Article explains several clear standards held by Japanese courts regarding this issue. It then discusses a problem raised by establishing clear standards by courts in a civil law country like Japan and also presents the Japanese Government’s efforts to ensure …
Influencing The Evolving Ip System And Law Of China Through International Outreach, Esther H. Lim
Influencing The Evolving Ip System And Law Of China Through International Outreach, Esther H. Lim
Washington Journal of Law, Technology & Arts
No individual U.S. judge has influenced the evolving IP system and law of China through international outreach more than Chief Judge Rader of the Federal Circuit. Through tireless efforts, he has made an indelible footprint in the history of Chinese IP law as a judge, a professor, and an author. Chief Judge Rader has garnered rock-star status in China through dedication and commitment to contribute to, and to be a part of, China’s IP system and law. He has secured a legendary standing and will be long remembered by the Chinese IP community as an ambassador of IP and judicial …
Copyright Infringement Liability Of Placeshifting Services In The United States And Japan, Naoya Isoda
Copyright Infringement Liability Of Placeshifting Services In The United States And Japan, Naoya Isoda
Washington Journal of Law, Technology & Arts
Placeshifting is a convenient service that enables customers to enjoy television programs from their home countries even if they are in foreign countries. Placeshifting works by receiving/recording a television program in one country and then transmitting the digital data to customers everywhere in the world via the Internet upon each customer’s request. Because placeshifting may be involved with recording and/or transmitting copyrighted content, service providers must face the question whether they may be liable for copyright infringement. In the United States, the Second Circuit in Cartoon Network v. CSC Holdings decided the legality of placeshifting by requiring a “volition element” …
Cross-Border Contributory Patent Infringement In Germany, Heinz Goddar
Cross-Border Contributory Patent Infringement In Germany, Heinz Goddar
Washington Journal of Law, Technology & Arts
This Article examines recent German court decisions analyzing Section 10 of the German Patent Act (“PatG”), which governs cases of contributory patent infringement, focusing in particular on the implications of recent decisions on potential cross-border infringement. The Article offers recommendations on how judicial scrutiny of contributory infringement in Germany may be streamlined in light of potential evidentiary problems and concludes with a case study of how German courts might analyze a situation like that faced by the United States Court of Appeals for the Federal Circuit in AT&T v. Microsoft.
The "Three Strikes" Policy In Korean Copyright Act 2009: Safe Or Out?, Sun-Young Moon, Daeup Kim
The "Three Strikes" Policy In Korean Copyright Act 2009: Safe Or Out?, Sun-Young Moon, Daeup Kim
Washington Journal of Law, Technology & Arts
Korea has grown to be one of the Internet powers in a short period. Because of insufficient copyright protection, Korea recently revised the Korean Copyright Act to reinforce protection of copyright and promote sound distribution of copyrighted works. The new law allows the Minister of Culture, Sports and Tourism to issue orders and the Korea Copyright Commission to issue recommendations. Orders and recommendations are distinguished by the subject of the issuance and the legal force. Orders and recommendations enable online service providers to delete or stop transmission of illegal reproductions, give warning notices to infringers, or suspend the account of …