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Intellectual Property Law

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Selected Works

2014

Intellectual property

Articles 1 - 8 of 8

Full-Text Articles in Law

Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe Dec 2014

Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe

Elizabeth A Rowe

Genetically engineered plants and animals have become and will continue to constitute a large part of the food we consume. The United States is the world's largest producer of genetically modified foods, making American consumers the most exposed population to these products. Agricultural biotechnology patents spur and support innovation. Accordingly, patent law is one of the main contributors to this phenomenon that has changed not only the kinds of food we eat, but the nature of the agri-business industry that produces these foods. This Article takes on an area of concern involving the patenting of food that has remained unexplored: …


The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp Oct 2014

The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp

Herbert Hovenkamp

For a century and a half the Supreme Court has described perceived patent abuses as conduct that reaches "beyond the scope of the patent." That phrase, which evokes an image of boundary lines in real property, has been applied to both government and private activity and has many different meanings. It has been used offensively to conclude that certain patent uses are unlawful because they extend beyond the scope of the patent. It is also used defensively, however, to characterize activities as lawful if they do not extend beyond the patent's scope. In the first half of the twentieth century …


Investor-State Dispute Settlement In The Context Of ‘21st Century Trade Agreement’ Intellectual Property Chapters, Kimberlee G. Weatherall Aug 2014

Investor-State Dispute Settlement In The Context Of ‘21st Century Trade Agreement’ Intellectual Property Chapters, Kimberlee G. Weatherall

Kimberlee G Weatherall

This background paper explains for an international trade and trade law audience why intellectual property lawyers are worried about the impact of investor-state dispute settlement on intellectual property law in particular.


Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall May 2014

Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall

Kimberlee G Weatherall

This submission considers (and criticises) the IP Chapter of the Korea-Australia Free Trade Agreement. It identifies new obligations, and raises concerns with detailed aspects of the chapter. The submission was made to two committees of the Commonwealth of Australia Parliament, Joint Standing Committee on Treaties and the Senate Standing Committee on Standing Committee on Foreign Affairs, Defence and Trade References. A slightly corrected version was uploaded on 16 June 2014 (correcting the article citation for KAFTA art 13.9.28 under heading 5).


Social Innovation, Peter Lee Jan 2014

Social Innovation, Peter Lee

Peter Lee

This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance, and strategies to reduce hospital-based infections greatly enhance social welfare yet operate completely outside of the patent system, the primary legal mechanism for promoting innovation. This Article draws on empirical evidence to elucidate this significant kind of innovation and explore its divergence from the classic model of technological innovation championed by the patent system. In so doing, it illustrates how patent law exhibits a rather crabbed, particularistic conception of innovation. Among other characteristics, innovation in the …


Adjudicating Trips For Development, Molly Land Dec 2013

Adjudicating Trips For Development, Molly Land

Molly K. Land

No abstract provided.


Human Rights Frames In Ip Contests, Molly Land Dec 2013

Human Rights Frames In Ip Contests, Molly Land

Molly K. Land

No abstract provided.


Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman Dec 2013

Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman

Robin C Feldman

This paper presents a study of patent demands against venture-backed startups, conducted through members of the National Venture Capital Association and their portfolio companies. The results of surveying 200 venture capitalists and their portfolio companies provide strong indications of the impact that patent demands are having on the venture-backed community. Both the companies and the venture capitalists overwhelming believe that patent demands have a negative impact on the venture-backed community, with all or most of those assertions coming from entities whose core activity involves licensing or litigating patents. These impacts are described in terms of the specific costs expended by …