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Articles 91 - 102 of 102
Full-Text Articles in Law
Towards A Community Patent, Antonio G. Tapia
Towards A Community Patent, Antonio G. Tapia
Florida A & M University Law Review
During the European Patent Forum of May 2008, Gunter Verheugen, European Commissioner for Enterprise and Industry, declared there was an "urgent need [for a community patent]." The sentiment was well received. However, in 2009, all attempts to implement a patent policy to standardize prosecution and grant across all European Union Community countries failed. Since the 1970's, there have been ongoing discussions toward the creation of a Community-wide patent in the European Union (EU). In 2003, prospects for enacting a Community Patent Regulation (CPR) seemed hopeful and almost complete. However, in 2004, a stalemate arose which made the enactment of the …
The Trans-Pacific Partnership:The Death-Knell Of Generic Pharmaceuticals?, Alexander Stimac
The Trans-Pacific Partnership:The Death-Knell Of Generic Pharmaceuticals?, Alexander Stimac
Vanderbilt Journal of Transnational Law
As global commerce continues to expand, many states find international trade agreements to be a useful tool to facilitate this continued expansion. Trade agreements permit developing or poorer nations to establish robust, mutually beneficial trade relationships with powerful economies such as the United States. In the face of regional competition from China, several nations bordering the Pacific Ocean, including the United States, have reached a far-reaching trade agreement called the Trans-Pacific Partnership (TPP). This Note will focus on one particular piece of the TPP: the pharmaceutical trade and the international availability of generic medicines. The TPP has the potential to …
Government As Owner Of Intellectual Property? Considerations For Public Welfare In The Era Of Big Data, Ruth L. Okediji
Government As Owner Of Intellectual Property? Considerations For Public Welfare In The Era Of Big Data, Ruth L. Okediji
Vanderbilt Journal of Entertainment & Technology Law
Open government data policies have become a significant part of innovation strategies in many countries, allowing access, use and re-use of government data to improve government transparency, foster civic engagement, and expand opportunities for the creation of new products and services. Rarely, however, do open data policies address intellectual property rights that may arise from free access to government data. Ownership of knowledge goods created from big data is governed by the default rules of intellectual property laws which typically vest ownership in the creator/inventor. By allowing, and in some cases actively encouraging, private capture of the downstream goods created …
Over ©S: Dilemmas In Establishing Jurisdiction Over Foreign Sovereigns In Us Courts For Intellectual Property Infringement, Katherine Dutcher
Over ©S: Dilemmas In Establishing Jurisdiction Over Foreign Sovereigns In Us Courts For Intellectual Property Infringement, Katherine Dutcher
Vanderbilt Journal of Entertainment & Technology Law
When a foreign state infringes a US-held intellectual property right abroad, it is unclear to what extent the Foreign Sovereign Immunities Act of 1976 (FSIA) bars suit in US courts. The FSIA's already complex commercial activity exception, which governs such actions, was further obfuscated by the Supreme Court's decision in Republic of Argentina v. Weltover, which held that "substantiality" and "foreseeability" could not be used to determine whether a foreign sovereign's conduct had a "direct effect" in the United States, thus warranting jurisdiction in a US court. In the context of IP infringement, where harms may be abstract and unquantifiable, …
Patent Litigation In China: Protecting Rights Or The Local Economy?, Brian J. Love, Christian Helmers, Markus Eberhardt
Patent Litigation In China: Protecting Rights Or The Local Economy?, Brian J. Love, Christian Helmers, Markus Eberhardt
Vanderbilt Journal of Entertainment & Technology Law
Though it lacked a patent system until 1985, China is now the world leader in patent filings and litigation. Despite the meteoric rise of the Chinese patent system, many in the West believe that it acts primarily to facilitate local protectionism rather than innovation. Recent high-profile patent suits filed by relatively unknown Chinese firms against high-profile foreign tech companies, like Apple, Samsung, and Dell, have only added fuel to the fire. Surprisingly, given how commonplace assertions of Chinese protectionism are, little empirical evidence exists to support them. This Article contributes to the literature on this topic by analyzing five years …
Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law
Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law
Washington and Lee Law Review
No abstract provided.
The International Reach Of Criminal Copyright Infringement Laws, Sara K. Morgan
The International Reach Of Criminal Copyright Infringement Laws, Sara K. Morgan
Vanderbilt Journal of Transnational Law
Piracy and illegal downloading in the Internet age have been on the forefront of the intellectual property community's mind since the early 2000s. Websites such as The Pirate Bay are often labeled as being leaders in copyright infringement, giving users the ability to illegally download thousands of files. However, there are both jurisdictional and extradition issues with prosecuting the founders of these websites, because The Pirate Bay and many others like it are often based in other countries. Recently, the Stop Online Piracy Act and PROTECT IP Act have stirred up controversy, with many alleging that their international reach went …
Of Fences And Definite Patent Boundaries, Deepa Varadarajan
Of Fences And Definite Patent Boundaries, Deepa Varadarajan
Vanderbilt Journal of Entertainment & Technology Law
Patent claims are supposed to mark the boundaries of a patent clearly so that competitors and follow-on innovators can avoid infringement. But commentators routinely lament the failure of patent claims to adequately perform this notice function. In numerous calls for patent reform, courts and scholars have contrasted the indeterminacy of patent claims with the clarity of real property boundaries. The Supreme Court recently echoed this sentiment in "Nautilus v. Biosig Instruments." In "Nautilus," the Court heightened the patent requirement of claim definiteness and reversed Federal Circuit precedent, which had allowed many ambiguous claims to survive invalidity challenges. This Article analyzes …
The Objectives And Principles Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
The Objectives And Principles Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
Osgoode Hall Law Journal
Article 7 (Principles) and Article 8 (Objectives) are prominent within the text of the WTO TRIPS Agreement, yet have figured sparingly in the reasoning of the Dispute Settlement Body (DSB). This discrepancy is accentuated when considered in light of three key factors. First, the pioneering step taken by TRIPS negotiators to include broad declarations of intent within the operative text. Second, the 2001 reinforcement given to these provisions in the Doha Declaration on TRIPS and Public Health. Finally, the verbatim replication of these provisions within other international IP instruments, notably, the Trans-Pacific Partnership, the Anti-Counterfeiting Trade Agreement and the WIPO …
Recent Trends In The Use Of Surveys In Advertising Law Disputes; An Update On The Case Law, Kenneth Plevan
Recent Trends In The Use Of Surveys In Advertising Law Disputes; An Update On The Case Law, Kenneth Plevan
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser
Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser
Chicago-Kent Journal of Intellectual Property
No abstract provided.
At The Crossroads Of Intellectual Property And Government Contracting: Case Studies And Practical Pointers, Courtney A. Hofflander, Theodore M. Thompson Ii
At The Crossroads Of Intellectual Property And Government Contracting: Case Studies And Practical Pointers, Courtney A. Hofflander, Theodore M. Thompson Ii
Cybaris®
No abstract provided.