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Full-Text Articles in Law
Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski
Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski
Law Faculty Scholarship
[Excerpt] Micro-Small-Medium Enterprises (abbreviated herein henceforth as “SMEs”) are global drivers of technological innovation and economic development. Perhaps their importance has been somewhat eclipsed by the mega-multinational corporate entities. However, whereas the corporations might be conceptualized as towering sequoia trees, SMEs represent the deep, broad, fertile forest floor that nourishes, sustains and regenerates the global economic ecosystem.
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Broadly recognized as engines of economic and global development, SMEs account for a substantial proportion of entrepreneurial activity in both industrialized and developing countries. Indeed, their role as dynamos for technological and economic progress in developing countries is critical and …
Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter
Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter
Law Faculty Scholarship
In recent years, there has been a growing discourse at the intersection of intellectual property and human rights, including whether or not individual intellectual property rights are, or can be, human rights. In 2007, this debate began to focus on the area of trademarks. That year, the European Court of Human Rights determined that it had jurisdiction over a trademark dispute, by virtue of the property rights provision found in Article 1 of Protocol 1 to the European Convention on Human Rights. This paper seeks to explore the connection between trademarks and human rights. The first part of the article …
Allocating Intellectual Property Rights Between Parties, Ashlyn J. Lembree
Allocating Intellectual Property Rights Between Parties, Ashlyn J. Lembree
Law Faculty Scholarship
No abstract provided.
Who's At The Helm - The Federal Circuit's Rule Of Deference And The Systemic Absence Of Controlling Precedent In Matters Of Patent Litigation Procedure, Peter J. Karol
Law Faculty Scholarship
This article considers the Federal Circuit’s rule of deference to the law of the regional circuits in matters of procedure as that rule approaches its twenty-fifth anniversary. Using the recent Bell Atlantic v. Twombly pleading case as an illustration, the article observes that the structure of the current appellate review scheme creates a systemic absence of controlling precedent relating to patent litigation procedure. Moreover, the arguments usually advanced for the rule’s existence, including efficiency gains and legislative history, are doubtful. As prior scholarship has shown, the rule is not a natural byproduct of the appellate structure created by Congress when …