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Full-Text Articles in Legal Writing and Research
Securing Patent Law, Charles Duan
Securing Patent Law, Charles Duan
Belmont Law Review
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn
Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn
Belmont Law Review
This note proposes a multifaceted approach for congressional intervention in the NIL market. While there are many areas needing NIL regulation in the collegiate athletic market, the most critical area of need for NIL regulation involves the collectives and directives. These entities have formed and operated without any meaningful guardrails since the NCAA permitted student-athletes to be compensated for their NIL. Additionally, they have been able to influence recruiting both at the high school recruit level and in the collegiate athlete transfer portal.