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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Intellectual Property And Policy Issues In Biotechnology, Amy Iver Yancey Aug 2011

Intellectual Property And Policy Issues In Biotechnology, Amy Iver Yancey

Masters Theses

Intellectual property, particularly patents, plays a major role in innovation and discovery in biotechnology. Likewise, since the passage of the Bayh-Dole Act in 1981, patents have become an increasingly important factor in U.S. university-driven basic research, especially in the life sciences where patented technologies have transformed agriculture. Specifically, this paper looks at the potential impacts of these trends on university driven research, the university researcher, the pharmaceutical industry, and the farm sector with an emphasis on recent and pending court cases and legislation. This paper examines policy and adoptions issues in biotechnology and biomedicine in depth and touches on important …


A Comparative Perspective On The Patent Eligibility Of Software Inventions, Hung-San Kuo May 2011

A Comparative Perspective On The Patent Eligibility Of Software Inventions, Hung-San Kuo

Maurer Theses and Dissertations

Computer software is considered similar to an algorithm, a mental activity, or an abstract idea, so whether or not it meets patent eligibility is full of controversy. Although computer software products are sold all over the world, each jurisdiction deals with them differently based on individual regulations. If there were an objective and proper way to deal with this subject matter, it would reduce the number of debates and narrow the gap of patent protection among different jurisdictions.

The meaning of "invention" in patent law in each jurisdiction is the most important factor affecting the determination of patent eligibility, which …


Privacy Law And The Internet Using Facebook.Com As A Case Study, Amelia D. Grubbs May 2011

Privacy Law And The Internet Using Facebook.Com As A Case Study, Amelia D. Grubbs

Chancellor’s Honors Program Projects

No abstract provided.


The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi Jan 2011

The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi

CMC Senior Theses

In December of 2010, Costco v. Omega came down from the Supreme Court. The Switzerland-based watchmaker Omega sold Seamaster Collection watches, which were affixed with its copyrighted logo, in the United States as well as in foreign markets. Omega priced watches in the United States market higher than elsewhere. Costco obtained Omega’s watches from a third party that had purchased the watches abroad, then sold them at its membership warehouses for cheaper prices than authorized Omega dealers in the United States. Consequently, Omega sued Costco for copyright infringement. Costco pursued a defense based on the first sale doctrine in response. …


Intellectual Property Rights In Sub-Saharan Africa, Sope Adegoke Jan 2011

Intellectual Property Rights In Sub-Saharan Africa, Sope Adegoke

CMC Senior Theses

Globalization of the world economy has made knowledge a critical element of effectiveness in the world economy. Current economic and trade conditions change rapidly and require constant improvement to ensure economic development. These conditions stimulate innovation and improvements in technology, designs, and other tangible and intangible assets. Most Sub-Saharan African countries have not exploited the benefits that intellectual property rights offer to its users, despite considerable improvements to existing knowledge and options for protecting knowledge. Strong intellectual property laws are important for effective incentives to invent continuously. It is important to provide some form of compensation and guarantee that their …