Digital Commons Network^™

Originalism, J.E.M., And The Food Supply, Or Will The Real Decision Maker Please Stand Up?, Malla Pollack

Malla Pollack

In 2001, the United States Supreme Court decided that sexually reproduced plants (which include major crop plants such as corn) are statutorily proper subject matter for utility patents. See J.E.M. Ag Supply, v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124 (2001). Since that decision, critics from many disciplines have argued that the world's food supply is at risk from giant agribusinesses' manipulation of utility patents on genetically modified plants and animals. In light of these fears, this paper revisits J.E.M. and then highlights a related, still-open legal problem with biotechnology patents.

Looking backwards to J.E.M., the paper reaches several negative …

Offshore Outsourcing : Weighing The Risks Of Data Protection And Security, A Pai, Subhajit Basu

Subhajit Basu

No abstract provided.

Patents: The Need For Bioethics Scrutiny And Legal Change (With J. Paradise), Lori B. Andrews

Lori B. Andrews

A patent holder can choose to license a patented invention to others, can choose to use the patented invention exclusively itself, or can choose to prevent any use of the patented invention by itself or by others. In the gene patent area, the exclusive rights of the patent holder can raise the costs of genetic services, diminish the quality of genetic tests and treatments, and interfere with access to health care.

The Story Of Kellogg Co. V. National Biscuit Co.: Breakfast With Brandeis, Graeme B. Dinwoodie

Graeme B. Dinwoodie

Kellogg Co. v. National Biscuit Co. may be the Supreme Court's most versatile and influential trademark decision. Justice Brandeis' opinion contained language that is now at the core of the statutory test for whether a term should be unprotected because consumers understand the term as the generic name for the product on which it is used. That same language guides courts seeking to determine whether a mark has acquired the degree of secondary meaning necessary to support trademark protection. Plaintiffs seeking to establish trademark rights in a product shape must demonstrate that the shape in question is not "functional" according …

Wto Dispute Resolution And The Preservation Of The Public Domain Of Science Under International Law (With R. Dreyfuss), Graeme B. Dinwoodie

Graeme B. Dinwoodie

The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address whether - and how - the TRIPS Agreement can be interpreted to give it more fluidity, and thus to allow adjustments in national intellectual property regimes designed to reflect the dynamic nature of information production. To focus that inquiry, we concentrate on efforts to ensure a broader public domain for "upstream" inventions by modifying various elements of US patent law. The paper considers three stylized examples and asks whether each approach could be adopted by the United …

Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach

Ulf Maunsbach

No abstract provided.