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Full-Text Articles in Intellectual Property Law
A Proposed Test For Applying The Doctrine Of Equivalents To Biotechnology Inventions: The Nonobviousness Test, Qing Lin
Washington Law Review
In patent law, the doctrine of equivalents allows courts to find infringement if one makes or uses a device or process without substantial change from a patented invention. A test that clearly defines the appropriate scope of patent protection is crucial to development in various industries, especially in biotechnology, an industry that requires significant long-term investment. However, the most commonly applied test for determining equivalents is vague and fails to provide practical guidance. The "all elements" limitation to the test causes additional confusion. A more appropriate test for defining the scope of patent protection would be the "nonobviousness test," a …
A Look At Damage Awards Under Japan's Trademark Law And Unfair Competition Prevention Law, Masumi Anna Osaki
A Look At Damage Awards Under Japan's Trademark Law And Unfair Competition Prevention Law, Masumi Anna Osaki
Washington International Law Journal
Although the United States and Japan have similarly worded intellectual property statutes, significant differences in the stated statutory objectives as well as the substantive rights protected by those laws give rise to concern over the scope and quality of intellectual property protection offered in Japan. Collectivist values that frown upon personal gain have contributed to the less-than-adequate enforcement of individual intellectual property rights in Japan, and this socio-judicial ethic has been consistently reflected in the minimal damage awards granted by the courts. The courts' traditionally narrow construction of damage provisions in the intellectual property arena has resulted in the limitation …
A Unitary Asean Patent Law In The Aftermath Of Trips, Christian H. Nguyen
A Unitary Asean Patent Law In The Aftermath Of Trips, Christian H. Nguyen
Washington International Law Journal
Members of the Association of Southeast Asian Nations ("ASEAN") have come to recognize that rigorous protection for industrial and technological innovations is essential to the economic viability of the Southeast Asian region. This recognition has heightened since the inception of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPs"). TRIPs imposes minimum standards for patent protection upon signatories to the World Trade Organization, which includes most of the ASEAN member countries. Strict compliance with TRIPs standards can severely aggravate the administrative deficiencies in national patent systems, but such deficiencies can be considerably alleviated with the institution of a regional …
Reevaluating The Forum Non Conveniens Doctrine In Multiterritorial Copyright Infringement Cases, Brenda Tiffany Dieck
Reevaluating The Forum Non Conveniens Doctrine In Multiterritorial Copyright Infringement Cases, Brenda Tiffany Dieck
Washington Law Review
The tension between the internationalization of copyright and the territorial remedies national laws provide is illustrated when the same infringer infringes a copyright in multiple countries. The copyright owner can bring suit in each country separately or attempt to consolidate all claims into one forum. Commentators have identified that in consolidated suits, even if jurisdiction over the foreign claims is proper, the discretionary forum non conveniens doctrine rmains a "wild card." This Comment explores in greater depth why the doctrine is unpredictable and argues that it is being abused by U.S. federal courts in multiterritorial copyright suits, exacerbating the problem …