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Full-Text Articles in Law
Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe
Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe
The University of New Hampshire Law Review
[Excerpt] “Intellectual property rights are neither protected nor enforced in strict uniformity throughout the world. However, it can be said that in most developed countries, intellectual property is preciously guarded, as evidenced by a plethora of intellectual property statutes, penalties for infringement, and consistent attempts to convince less developed nations to adopt strong—or stronger—intellectual property protections. Despite continued vigilance by developed countries in bringing about increased international harmony among intellectual property regimes, some developing countries sustain questionable enforcement policies. What the driving force is behind intellectual property enforcement policies—or more appropriately, the lack thereof—is a matter of disagreement. In order …
Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski
Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski
The University of New Hampshire Law Review
[Excerpt] “On September 22, 2008, the Federal Circuit, sitting en banc, handed down the most important decision in design patent law in nearly twenty-five years. Egyptian Goddess, Inc. v. Swisa, Inc. (Egyptian Goddess III) abolished the point-of-novelty test first set out in Sears, Roebuck & Co. v. Talge and adopted by the Federal Circuit in Litton Systems, Inc. v. Whirlpool Corp. The point-of novelty test required patent holders to prove that an accused design appropriated the element which sets the patented design apart from the prior art—in addition to the ordinary-observer standard’s requirement of having substantially the same appearance—in order …
Ntp V. Rim: The Diverging Law Between System And Method Claim Infringement, Stephen P. Cole
Ntp V. Rim: The Diverging Law Between System And Method Claim Infringement, Stephen P. Cole
The University of New Hampshire Law Review
[Excerpt] “Almost thirty years after the landmark decision of Decca Ltd. v. United States, the Federal Circuit had an opportunity to reevaluate the extraterritorial limits of U.S. patent law in NTP, Inc. v. Research in Motion, Ltd. After withdrawing its initial opinion (“NTP I”) and issuing a second opinion (“NTP II”), the court held that a system having a component located outside U.S. jurisdiction could be subject to U.S. patent law. The court held as a matter of law, however, that a process in which a step is performed outside U.S. jurisdiction could not be subject to U.S. patent law. …
Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow
Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow
The University of New Hampshire Law Review
[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …
Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder
Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder
RISK: Health, Safety & Environment (1990-2002)
The authors examine the management of risks associated with intellectual property linked to agri-biotech products, with emphasis on the international movement of agri-biotech intellectual property from industrialized to developing nations.
Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham
Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham
RISK: Health, Safety & Environment (1990-2002)
Mr. Cunningham stresses the broad scope of biotechnological innovations. Besides endorsing the need for a new oversight commission to deal with potential social issues, he suggests, for example, that some products should be treated like biologics rather than new drugs.
Development Of Vaccines To Meet Public Health Needs: Incentives And Obstacles, Phillip K. Russell
Development Of Vaccines To Meet Public Health Needs: Incentives And Obstacles, Phillip K. Russell
RISK: Health, Safety & Environment (1990-2002)
Dr. Russell explains how such matters as high 'costs of regulation, lack of an effective plan for delivery (particularly abroad) and politics can interfere with providing globally needed vaccines.
Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy
Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy
RISK: Health, Safety & Environment (1990-2002)
The authors review administrative and court decisions prompting proposed changes to the patent law. After reviewing pros and cons, they argue that, on balance, pending bills can easily cause more problems than they solve.
Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige
Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige
RISK: Health, Safety & Environment (1990-2002)
Dr. Murashige compares the function and value of copyright, patent and trade secret laws in recovering investments in developing genome-related biotechnology.
Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg
Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg
RISK: Health, Safety & Environment (1990-2002)
Professor Eisenberg argues against a system providing for federally-sponsored inventions to be patented if any associated person so desires. She believes that the system does not adequately weigh the possibility that the greatest social return from genome research will require some discoveries to be in the public domain.
[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field
[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field
RISK: Health, Safety & Environment (1990-2002)
[Excerpt] "It is a pleasure to introduce this symposium issue with its range of current thoughts about what Arthur Kantrowitz invented a little over twenty-five years ago and has since come to be known as the "Science Court." The pleasure is enhanced by being able to include papers by Dr. Kantrowitz, Allan Mazur (who worked closely with him), Carl Cranor, Itzhak Jacoby and Sheila Jasanoff - as well as an extensive list of citations to other discussions. In approaching these papers, readers may find it helpful to consider what Kantrowitz invented, he and others have attempted to improve, and the …
The Role Of Technologically Trained Corporate Lawyers In Managing Risk, Homer O. Blair
The Role Of Technologically Trained Corporate Lawyers In Managing Risk, Homer O. Blair
RISK: Health, Safety & Environment (1990-2002)
An explanation of what technologically-trained lawyers ordinarily do as corporate employees. Lawyers with such training, while not members of the "public," have traditionally played a very small role in dealing with safety issues. It is strongly urged that they may be of great help in preventing harm which would be expensive, at best, to redress.