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Full-Text Articles in Law
Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis
Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Transitions In Ip And Antitrust, Mark D. Janis
Transitions In Ip And Antitrust, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Patent Abolitionism, Mark D. Janis
Patent Abolitionism, Mark D. Janis
Articles by Maurer Faculty
In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …
U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan
U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan
Articles by Maurer Faculty
This Article offers a critical reassessment of U.S. approaches to intellectual property protection for plant innovation. Three developments make this reassessment timely. First, the Supreme Court has finally confirmed that utility patent claims to plants and seeds satisfy the 35 U.S.C. Section 101 subject matter eligibility requirement. Plant innovation in the United States is now subject to utility patent protection, as well as concurrent protection under the Plant Variety Protection Act (PVPA). However, little work has been done to explain the role of PVPA protection in a system of concurrent protection, or to develop a coherent policy vision within which …