Law Commons^™

The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling

Cybaris®

No abstract provided.

When Individual Rights Should Tackle Unfair Commercialization: How The Transformative Use Test Should Be Tailored To Meet Evolving Technological Needs In Right Of Publicity Cases, Caitlin Kowalke

Cybaris®

No abstract provided.

Toward A Federal Jurisprudence Of Trade Secret Law, Sharon Sandeen, Christopher B. Seaman

Faculty Scholarship

The May 2016 enactment of the Defend Trade Secrets Act of 2016 (DTSA), which created a new federal civil cause of action for trade secret misappropriation, raises a host of issues that federal courts will have to consider under their original subject matter jurisdiction, rather than applying state law through the courts’ diversity jurisdiction. This means that for the first time, an extensive body of federal jurisprudence will be developed to govern the civil protection and enforcement of trade secrets in the United States. In addition, due to the DTSA’s changes to the existing federal criminal law governing trade secrets, …

Revising Racial Patents In An Era Of Precision Medicine, Jonathan Kahn

Faculty Scholarship

In 2006, I published an article examining the rising use of racial categories in biomedical patents in the aftermath of the successful completion of the Human Genome Project and the production of the first draft of a complete human genome. Ten years on, it now seems time to revisit the issue and consider it in light of the current era of “Precision Medicine” so prominently promoted by President Obama in his 2015 State of the Union address where he announced a $215 million proposal for the Precision Medicine Initiative as “a bold new research effort to revolutionize how we improve …

The Myth Of Uniformity In Ip Laws, Sharon Sandeen

Faculty Scholarship

When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. In fact, the uniformity argument was a primary justification for the enactment of both the Defend Trade Secrets Act of 2016 and the EU Trade Secret Directive.

The quest for uniformity, particularly with respect to laws that relate to intellectual property rights, is an old story in the United States. During the drafting of the U.S. Constitution, the existence of inconsistent state laws was a central reason …

The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port

Faculty Scholarship

This article is an explication of the trend toward commodification of famous or putatively famous trademarks and the resultant urging that the FTDA be repealed. This article starts with a literature review showing that the vast majority of commentators have been severely critical of the FTDA. This has been ignored by Congress. The article next pursues Congress's blind support of the FTDA and suggests that more thought and analysis from Congress is still required. The article next explains the data regarding FTDA claims. All reported cases from 1996 through 2015 are coded and examined. The conclusion, looking at the data, …

How South Korea's Improper Solicitation And Graft Act (Kim Young-Ran Act) Can Help Protect Us Trade Secrets, Lana Rask

Cybaris®

No abstract provided.

Stop Letting Wine Crash The Wedding: Craft Beer Consumers Are Sophisticated Buyers, Justin P. Weinberg, O. Joseph Balthazor Jr.

Cybaris®

No abstract provided.

Understanding The Role Of Prosecution History Through Linguistics, Zachary Herman

Cybaris®

No abstract provided.

The Plague Of Fake News And The Intersection With Trademark, Joshua Humphrey

Cybaris®

No abstract provided.

A Taste Of The Current Protection Offered By Intellectual Property Law To Molecular Gastronomy, Mary Grace Hyland

Cybaris®

No abstract provided.

Transcript From 2017 Mitchell Hamline Trade Secret Conference, Cybaris Scholar Symposium, Cybaris Staff, Sharon Sandeen

Cybaris®

Transcript of a panel discussion on trade secret law held April 21, 2017 at Mitchell Hamline School of Law in St. Paul, Minnesota.

Panelists: Rochelle Dreyfuss, Christoph Rademacher, Susy Frankel, and Nari Lee.
Moderator: Sharon Sandeen.

Cybersecurity In The Marine Transportation Sector: Protecting Intellectual Property To Keep Our Ports, Facilities, And Vessels Safe From Cyber Threats, Rachel Foote

Cybaris®

No abstract provided.

Misappropriation On A Global Scale: Extraterritoriality And Applicable Law In Transborder Trade Secrecy Cases, Rochelle Dreyfuss, Linda Silberman

Cybaris®

No abstract provided.