Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law

Selected Works

Actions & defenses (Law)

Publication Year
Publication

Articles 1 - 2 of 2

Full-Text Articles in Law

The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu Nov 2018

The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu

Peter K. Yu

Since its reopening to foreign trade in the late 1990s, China has been the poster child of intellectual property piracy and counterfeiting. Virtually every year, the Office of the United States Trade Representative (USTR) lists China on its watch list or priority watch list. The country’s piracy and counterfeiting problems have also been frequently mentioned in connection with international intellectual property enforcement initiatives, such as the highly controversial Anti-Counterfeiting Trade Agreement (ACTA) and the equally problematic domestic legislative proposals for heightened copyright enforcement. In a recent report, the International Trade Commission estimated that “firms in the U.S. [intellectual property]–intensive economy …


The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin Oct 2016

The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin

Andrew Chin

The Supreme Court’s 2010 decision in Bilski v. Kappos appears to have provided inadequate guidance to the courts and the Patent Office regarding the scope of the abstract-ideas exclusion from patentable subject matter. Federal Circuit Chief Judge Randall R. Rader, however, appears to have found in that decision a clear vindication of his own view that the machine-or-transformation test is incorrectly grounded in “the age of iron and steel at a time of subatomic particles and terabytes,” and thus fails, for example, to accommodate advances in “software [that] transform[] our lives without physical anchors.” Chief Judge Rader has subsequently authored …