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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Rights In Conflict: Examining Investment Treaty Arbitration And Intellectual Property Rights In The Wake Of Russia’S Invasion Of Ukraine, Grace Klutke Jun 2024

Rights In Conflict: Examining Investment Treaty Arbitration And Intellectual Property Rights In The Wake Of Russia’S Invasion Of Ukraine, Grace Klutke

The Journal of Business, Entrepreneurship & the Law

This article examines how the armed Ukraine-Russia conflict opened a doorway for a wave of international arbitration via corporate actions against Russia for violating BIT obligations. To provide context for the suggested BIT arbitration against Russia, this article begins with a brief discussion of the historical background of this conflict and investor-state treaty arbitration. This article next pivots to analyze the applicability of investor-state treaty arbitration to compensate lost IP investments in three parts. Part I considers how investor-state treaty arbitration function with ongoing armed conflict and which investors may initiate investor-state treaty claims. Next, Part II reports on the …


Government-Sponsored Patent Monetizing Entities, Garry A. Gabison Oct 2019

Government-Sponsored Patent Monetizing Entities, Garry A. Gabison

The Journal of Business, Entrepreneurship & the Law

Government-sponsored patent assertion entities have materialized all over the world. This article looks at the market failure associated with the patent system. These entities have an opportunity to address these market inefficiencies. But, these entities can damage the innovation more by decreasing competition and increasing protectionism. This article looks at three such entities and argues that the US could use such an entity.


Trends In Fashion Law: Striking The Proper Balance Between Protecting The Art Form And Sustaining A Thriving Online Market, Elisabeth Johnson Dec 2018

Trends In Fashion Law: Striking The Proper Balance Between Protecting The Art Form And Sustaining A Thriving Online Market, Elisabeth Johnson

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor Jan 2014

Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor

The Journal of Business, Entrepreneurship & the Law

The European Union (“EU”) is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the EU and the intellectual property law of the member states. The European Court of Justice (“ECJ” or “the Court”) has been faced with dozens of complex cases arising out of conflicts between the national law of the member states and the Articles of the Treaty on the Functioning of the European …