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Full-Text Articles in Law
Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble
Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble
Nevada Law Journal
No abstract provided.
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Luxembourg Effect: Patent Boxes And The Limits Of International Cooperation, Lilian V. Faulhaber
The Luxembourg Effect: Patent Boxes And The Limits Of International Cooperation, Lilian V. Faulhaber
Georgetown Law Faculty Publications and Other Works
This article uses patent boxes, which reduce taxes on income from patents and other IP assets, to illustrate the fact that the jurisprudence of the European Court of Justice has a longer reach than has previously been recognized. This article argues that, along with having effects within the European Union, the ECJ’s decisions can also have effects on countries outside of the EU. In the direct tax context, the ECJ’s jurisprudence has hampered the ability of both EU and non-EU countries to police international tax avoidance.
In 2015, the Organisation for Economic Co-operation and Development (OECD) proposed restrictions on patent …
The Trademark As A Novel Innovation Index, Brian J. Focarino
The Trademark As A Novel Innovation Index, Brian J. Focarino
The Journal of Business, Entrepreneurship & the Law
When studying the relationship that exists between entrepreneurship and intellectual property, patents receive the most scholarly attention. The attention makes sense when we consider that patents are closely associated with technical progress, grant temporary monopolies that incentivize investment in research & development (R&D), and function as vectors of technological dissemination in and of themselves. In a number of industries however, conventional forms of innovation often associated with patenting are minimal or missing altogether, and require us to look elsewhere to discern innovative behavior. This Essay highlights novel applications for trademark law to entrepreneurial activity in low-technology industries and low-financing locations …
Internationalization And Local Elements: Research On Recent Amendments To The Trademark Law Of China, Xiaoqing Feng
Internationalization And Local Elements: Research On Recent Amendments To The Trademark Law Of China, Xiaoqing Feng
Akron Intellectual Property Journal
This article will explore varying aspects of the amendments of the Chinese Trademark Law. Part Two deals with detailed analysis and the reasons for the third amendment of the Trademark Law; this part is composed of five sections. The first section discusses the perfection of the application system for trademark registration, including the increase of the number of elements eligible for trademark registration, the implementation of “one trademark for multi categories,” the improvement of the system of opposition, the introduction of a proposal review system, and the availability for submitting electronic applications. The second section discusses (1) the improvement of …
The Experiences Of Trips-Compliant Patent Law Reforms In Brazil, India, And South Africa And Lessons For Bangladesh, M. Monirul Azam
The Experiences Of Trips-Compliant Patent Law Reforms In Brazil, India, And South Africa And Lessons For Bangladesh, M. Monirul Azam
Akron Intellectual Property Journal
This study analyzes the policy options used by Brazil, India, and South Africa in their transitions to a TRIPS-compliant patent law and their introduction of pharmaceutical patents. This comparative review can be used to explore possible policy options that can also be utilized by LDCs, including Bangladesh.
How (Not) To Discourage The Unscrupulous Copyist, Peter Ludwig
How (Not) To Discourage The Unscrupulous Copyist, Peter Ludwig
Akron Intellectual Property Journal
This article explores how the U.S. and Japanese courts implement the doctrine of equivalents when determining patent infringement. The doctrine of equivalents is a balance of, on one hand, the public's interest to know the metes and bounds of the patent, and on the other hand, the private interest of the patentee to be granted a sufficient scope for the granted patent. After comparing and contrasting the implementation of the doctrine in Japan and the United States, I propose a new method that places the burden on the patent practitioner, before infringement proceedings begin, to determine the proper scope of …
Patent Litigation In Japan, David W. Hill, Shinichi Murata
Patent Litigation In Japan, David W. Hill, Shinichi Murata
Akron Intellectual Property Journal
This article will explore how patent litigation in Japan has changed and will also compare and contrast aspects of patent litigation in the U.S. and Japan.
In Part II, we show recent statistical data on Japanese patent infringement litigation. Parts III and IV briefly review the Japanese judicial system and legal professionals in the area of intellectual property. Part V addresses patent-infringement actions in Japan and the recent amendments of the Code of Civil Procedure and the Patent Law. Next, Parts VI and VII discuss infringement analysis and possible defenses in patent-infringement litigation. Part VIII reviews how to calculate the …
International Intellectual Property Shelters, Sam F. Halabi
International Intellectual Property Shelters, Sam F. Halabi
Faculty Publications
The battle over the reach and strength of international protections for intellectual property rights is one of the critical flashpoints between wealthy and low-income countries: those protections are perceived to obstruct access to essential medicines, thwart regulatory efforts to promote individual and population health, and undermine traditional forms of agriculture and food production. While scholars have thoroughly tracked the bilateral and multilateral trade and investment treaties responsible for the expansion of international intellectual property rights worldwide, they have paid significantly less attention to the strength and form that opposition to international intellectual property expansion has taken. This Article examines the …
Reconciling Patent Law And Traditional Knowledge: Strategies For Countries With Traditional Knowledge To Successfully Protect Their Knowledge From Abuse, Ameera Haider
Case Western Reserve Journal of International Law
Traditional knowledge is a form of innovation that does not fit neatly into Western notions of property. Underdeveloped countries with significant traditional knowledge lack property protection for their traditional knowledge and are often not compensated for the technology arising from this form of knowledge. This Note outlines the tension arising from the differing incentives that underlie patent and traditional knowledge systems, and recommends methods of reconciling those tensions. First, this Note advocates that countries develop national libraries of the knowledge embodied in their staple agricultural products. Next, countries should create statutes to establish a method by which outside parties can …
A Fair Return Approach To Pharmaceutical Compulsory Licensing, Maura Nuno
A Fair Return Approach To Pharmaceutical Compulsory Licensing, Maura Nuno
Case Western Reserve Journal of International Law
This article argues that universal access to drugs requires not only collaboration between nations and patent holders, but also the creation of a neutral International Panel. Under the supervision of a Neutral International Panel, the disequilibrium, created by the current system of global intellectual property protection can be equalized to improve access to drugs without undermining pharmaceutical companies and intellectual property rights.
Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease
Smoke 'Em If You Got 'Em: Intellectual Property Rights In The Tobacco Industry Going Up In Smoke, Kristen Lease
Case Western Reserve Journal of International Law
The Tobacco Plain Packaging Act (TPPA) was passed in Australia in 2011 and set restrictions on the appearance of tobacco packages. The restrictions limited the use of trademarks to only the brand name, and banned any use of distinctive colors or images. Tobacco growing nations believed this restriction on trade dress violated Article 20 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which guarantees that no restriction may unjustifiably encumber intellectual property. Article 8 of the TRIPS Agreement, however, allows for encumbrances when it is intended to promote the protection of public health and safety. The tobacco growing …
Five Decades Of Intellectual Property And Global Development, Peter K. Yu
Five Decades Of Intellectual Property And Global Development, Peter K. Yu
Faculty Scholarship
The 2016-2017 biennium marks the historical milestones of several major pro-development initiatives relating to intellectual property law and policy. These important milestones include the Intellectual Property Conference of Stockholm in 1967, the adoption of the Declaration on the Right to Development (UNDRD) in 1986 and the establishment of the WIPO Development Agenda in 2007.
On January 1, 2016, the UN Sustainable Development Goals (SDGs) also came into force. Adopted by the UN General Assembly in September 2015, the 2030 Agenda for Sustainable Development featured 17 SDGs and 169 targets. Prominently mentioned in Target 3.b of SDG 3 are the WTO …