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Full-Text Articles in Law

Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald Feb 2012

Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note presents the history of the problem of VIPs' restricted access to information, a legal-realist analysis of the reasons for and against a WIPO treaty for the blind, and the contours of a best-case solution.


Patents Fettering Reproductive Rights, Scott A. Allen Jan 2012

Patents Fettering Reproductive Rights, Scott A. Allen

Indiana Law Journal

No abstract provided.


Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga Jan 2012

Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga

Law Faculty Publications

Professor Osenga discusses the tensions between the interests of patent holders and patients worldwide in need of pharmaceutical treatments. Explaining the combination of exclusive patent and compulsory license approaches that govern access to intellectual property by statute and treaty, she urges that a carefully conceived balancing of these approaches will best serve both interests.


Region Codes And Human Rights, Molly Land Dec 2011

Region Codes And Human Rights, Molly Land

Molly K. Land

No abstract provided.


Rebalancing Trips, Molly K. Land Dec 2011

Rebalancing Trips, Molly K. Land

Molly K. Land

In recent years, global intellectual property scholarship has been preoccupied with “rehabilitating” the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). With some distance from the polarizing rhetoric that accompanied the early years of TRIPS, contemporary accounts laud the treaty as far more flexible and sensitive to the needs of developing countries than had previously been believed. This article argues that, contrary to these accounts, the fears of developing countries concerning TRIPS have indeed been realized—just not in the manner they imagined at the time of its conclusion. Although TRIPS does contain significant flexibilities, states have largely failed to take …