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Articles 1 - 12 of 12
Full-Text Articles in Law
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes?, Cynthia M. Ho
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes?, Cynthia M. Ho
Cynthia M Ho
This Article provides valuable insight to the broader discussion of reforming investor-state disputes. Many have noted that the system is in a crisis due to a lack of democratic accountability and inconsistent decisions, which create a chilling effect on legitimate domestic law and policy. Despite substantial discussion in recent years concerning how to reform investor-state disputes, there is only limited discussion concerning the extent to which such disputes challenge domestic intellectual property (IP) limits, as well as global IP norms. Moreover, even among those who recognize the challenge to IP limits, the relevance of human rights is generally not addressed. …
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
Cynthia M Ho
This Article discusses an important, yet understudied threat to patent, as well as other intellectual property sovereignty under TRIPS: pending and potential challenges by companies under international agreements protecting investments. Although such agreements have existed for decades, Philip Morris and Eli Lilly are blazing a new path for companies to sue countries they claim interfere with their intellectual property rights through so-called investor-state arbitrations. These suits seek hundreds of millions in compensation and even injunctive relief for alleged violations of internationally agreed intellectual property norms. The suits fundamentally challenge TRIPS flexibilities at the very time the Declaration on Patent Protection …
Sovereignty Under Siege: Corporate Challenges To Domestic Intellectual Property Decisions, Cynthia M. Ho
Sovereignty Under Siege: Corporate Challenges To Domestic Intellectual Property Decisions, Cynthia M. Ho
Cynthia M Ho
Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more significant than the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), a landmark international agreement concluded twenty years ago, that for the first time required all countries to provide "minimum" levels of intellectual property rights; before that time, countries were not obligated to provide any such rights at all. Since the conclusion of TRIPS, policymakers …
Should All Drugs Be Patentable?: A Comparative Perspective, Cynthia M. Ho
Should All Drugs Be Patentable?: A Comparative Perspective, Cynthia M. Ho
Cynthia M Ho
Although there has been substantial discussion of the proper scope of patentable subject matter in recent years, drugs have been overlooked. This Article begins to address that gap with a comparative perspective. In particular, this Article considers what is permissible under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), as well as how India and Canada have utilized TRIPS flexibilities in different ways to properly reward developers of valuable new drugs, while also considering the social harm of higher prices beyond an initial patent term on drugs. This Article brings valuable insight into this area at a critical …
Drugged Out: How Cognitive Bias Hurts Drug Innovation, Cynthia M. Ho
Drugged Out: How Cognitive Bias Hurts Drug Innovation, Cynthia M. Ho
Cynthia M Ho
No abstract provided.
Patents, Patients, And Public Policy: An Incomplete Intersection At 35 U.S.C. 287 (C), Cynthia M. Ho
Patents, Patients, And Public Policy: An Incomplete Intersection At 35 U.S.C. 287 (C), Cynthia M. Ho
Cynthia M Ho
No abstract provided.
Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men,, Cynthia M. Ho
Splicing Morality And Patent Law: Issues Arising From Mixing Mice And Men,, Cynthia M. Ho
Cynthia M Ho
No abstract provided.
Attacking The Copyright Evildoers In Cyberspace, Cynthia M. Ho
Attacking The Copyright Evildoers In Cyberspace, Cynthia M. Ho
Cynthia M Ho
No abstract provided.
Who Deserves The Patent Pot Of Gold?: An Inquiry Into The Proper Inventorship Of Patient Based Discoveries, Cynthia M. Ho
Who Deserves The Patent Pot Of Gold?: An Inquiry Into The Proper Inventorship Of Patient Based Discoveries, Cynthia M. Ho
Cynthia M Ho
No abstract provided.
Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho
Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho
Cynthia M Ho
No abstract provided.
Patent Breaking Or Balancing?: Separating Strands Of Fact From Fiction Under Trips., Cynthia M. Ho
Patent Breaking Or Balancing?: Separating Strands Of Fact From Fiction Under Trips., Cynthia M. Ho
Cynthia M Ho
This article provides the first comprehensive analysis of when compulsory licensing of patents is permissible as a matter of international law under the Agreement of Trade-Related Aspects of Intellectual Property TRIPS).Thailand's recent compulsory licenses of patents on a variety of medications provide a convenient vehicle to analyze the limits of compulsory licensing under TRIPS. Thailand's actions are unique; most countries hesitate to issue compulsory licenses in the wake of legal uncertainties regarding TRIPS requirements as well as political pressure. This article capitalizes on the many issues involved in Thailand's licenses to provide an authoritative interpretation of the scope of compulsory …
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Cynthia M Ho
No abstract provided.