Law Commons^™

Biotechnology's Prescription For Patent Reform, 5 J. Marshall Rev. Intell. Prop. L. 318 (2006), Christopher M. Holman

UIC Review of Intellectual Property Law

On June 8, 2005, Congressman Lamar Smith introduced H.R. 2795, the “Patent Reform Act of 2005,” aimed at improving the quality and certainty of issued patents, simplifying the patent procurement process, harmonizing U.S. law with international practice, and reining in abusive patent enforcement practices. Congress has set the legislation aside for the time being, but will likely revisit the issue again shortly. The biotechnology industry, one of the fastest growing sectors in the United States economy, strongly opposes many of the proposed reforms. This paper considers the Congressional testimonies of the Biotechnology Industry Organization (“BIO”) and other representatives of biotechnology’s …

Suppression Of Innovation Or Collaborative Efficiencies?: An Antitrust Analysis Of A Research & Development Collaboration That Led To The Shelving Of A Promising Drug, 5 J. Marshall Rev. Intell. Prop. L. 348 (2006), Saami Zain

UIC Review of Intellectual Property Law

This article discusses antitrust issues present in research and development collaborations between competitors. In particular, it illustrates that, although often very beneficial, these collaborations may have the potential for considerable harm via suppression of innovation. The article examines a recent case involving a collaboration to develop drugs, which arguably resulted in the suppression of a promising drug.

Copyright Piracy In China, 5 J. Marshall Rev. Intell. Prop. L. 583 (2006), Ralph Oman

UIC Review of Intellectual Property Law

Copyrights play a major role in promoting economic development and creating a national identity, and they have a tremendous impact on the social and economic well-being of nations. Within the past fifteen years, China has passed a strong copyright law, upgraded enforcement, and joined the Berne Convention. However, since then, the forward momentum has subsided and piracy has grown deep roots in China. If protecting their own citizens’ rights was not important enough, the threat of international trade sanctions for having inadequate intellectual property protection may force China to reevaluate their current situation and step up international protection.

Intellectual Property Rights In The Internet Era: The New Frontier, 5 J. Marshall Rev. Intell. Prop. L. 589 (2006), Lulin Gao

UIC Review of Intellectual Property Law

With the rapid development of information and Internet technologies, how to protect intellectual property (IP) rights in the Internet era became a new frontier for IP practitioners and scholars internationally. This article highlights some important IP protection issues related to copyright, patent, trademark, and domain names, as well as the impact of technological advances on IP protection in the Internet era. The author believes that in order to solve these new emerging issues, the most important principle is keeping the balance between different sides with stakes in the IP right. Finally, international cooperation must be enhanced with more technical assistance …

Some Remarks On The Limits Of Harmonization, 5 J. Marshall Rev. Intell. Prop. L. 596 (2006), Graeme B. Dinwoodie

UIC Review of Intellectual Property Law

Some Remarks on the Limits of Harmonization

The Intellectual Property Marketplace: Past, Present And Future, 5 J. Marshall Rev. Intell. Prop. L. 605 (2006), James E. Malackowski

UIC Review of Intellectual Property Law

This article provides an overview of the evolution of the intellectual property marketplace, describes existing mechanisms by which intellectual property value is transacted, and hypothesizes future marketplace mechanisms. A discussion of intellectual property value is also presented. Specifically, analyses of value indications as evidenced by the public and private equity markets are described. Finally, two future critical issues for intellectual property practitioners relating to intellectual property value are described: class action shareholder litigation and royalty stacking.

Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long

UIC Review of Intellectual Property Law

What are the challenges facing the protection of traditional knowledge internationally? Can the protection of such rights, which have traditionally existed outside the boundaries of intellectual property, be achieved in the face of current challenges to protections epitomized by such emerging international movements as enhanced access to information and culture as a human right? This article examines some of the emerging issues in this hotly contested area and suggests that such movements, which are not adverse to intellectual property and traditional knowledge rights, should be used to craft a new method for addressing the issue of traditional knowledge protection internationally.

Patent Cooperation Treaty – Implementation V. U.S. Law, 5 J. Marshall Rev. Intell. Prop. L. 641 (2006), Richard Lazarus

UIC Review of Intellectual Property Law

What ways can an individual attack the enforceability of a patent that relies on the benefit of an earlier filed Patent Cooperation Treaty application (“PCT”)? This article highlights the top five PCT issues that an attorney should look for to successfully defend a client against infringement. The strategies discussed include: (1) searching for new matter; (2) searching for errors in inventorship; (3) examining an international filing date; (4) checking for withdrawal of an international application; and (5) examining estoppel arguments in international applications.

Recent Developments In Patent Law, 5 J. Marshall Rev. Intell. Prop. L. 630 (2006), Bradley C. Wright

UIC Review of Intellectual Property Law

Over the past year, the United States patent law has developed significantly. Numerous cases were decided, shaping the future of patent law. This article tracks the development of patent law over the past year by analyzing important court decisions. These decisions affect various aspects of patent law, including the patentability of subject matter, the validity of patents, and the patent procurement process. While the specific impact of each decision varies, the combination of the decisions resulted in noteworthy changes to patent law in the United States.

The Impact Of The New World Order On Economic Development: The Role Of The Intellectual Property Rights System, 6 J. Marshall Rev. Intell. Prop. L. 1 (2006), Joseph Straus

UIC Review of Intellectual Property Law

This article provides a close look at the development of intellectual property protection contrasted with the development of globalization. Specifically, the agreements forming the legal framework of the World Trade Organization are discussed and their impact on the economic development of developing countries examined. A closer look is given to China and India, where only recently intellectual property protection standards complying with mandatory rules of the TRIPS Agreement have been introduced, and where the most remarkable economic, scientific, and technological development can be observed. This article emphasizes the necessity of all members of the World Trade Organization to comply with …

The Wipo "Internet Treaties" The United States As The Driver: The United States As The Main Source Of Obstruction — As Seen By An Anti-Revolutionary Central European, 6 J. Marshall Rev. Intell. Prop. L. 17 (2006), Mihály Ficsor

UIC Review of Intellectual Property Law

The copyright policy of the United States developed from initial isolationism, through the 1891 Chase Act, various bilateral and inter-American agreements and the establishment of the Universal Copyright Convention, to active participation in the international copyright cooperation. This development was completed by the United States’ accession to the Berne Convention in 1988. Since then, the United States has played a leading role in this field, which was manifested both during the negotiations of the 1994 TRIPS Agreement and the preparatory work of the two 1996 WIPO “Internet Treaties”, the WCT and the WPPT. These WIPO Treaties, the preparation and adoption …

Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, 6 J. Marshall Rev. Intell. Prop. L. 40 (2006), Tyler T. Ochoa

UIC Review of Intellectual Property Law

This article highlights nine selected U.S. copyright law decisions handed down between February 1, 2005 and May 1, 2006. Two of the decisions concern peer-to-peer file sharing, including the U.S. Supreme Court’s landmark decision in MGM v. Grokster. One of the decisions questions the applicability of the idea/expression dichotomy to works of visual art. Two of the decisions discuss ownership of the renewal rights in a work under the 1909 Act when the author is deceased. One of the decisions interprets the requirement that an author register his or her work before filing an infringement action. Two of the decisions …

The Cache Cow: Can Caching And Copyright Co-Exist?, 6 J. Marshall Rev. Intell. Prop. L. 101 (2006), Nicole Bashor

UIC Review of Intellectual Property Law

Copyright protection in a digital environment is difficult. Protection is made more difficult because of the scope of the Internet, uncertainty of a governing Internet agency, and copyright enforcement problems. Copyright protection is further complicated because search engines utilize a process involving copying web sites and displaying cached links to web sites without the web site owner's express permission. By analyzing the intersection of copyright law and the search engine caching process, it is clear that search engines are on dangerous ground and possibly violate the copyrights of web site owners. Accordingly, a solution is proposed that compensates web site …

Why Bother Calling Patents Property? The Government's Path To License Any Patent And Maybe Pay For It, 6 J. Marshall Rev. Intell. Prop. L. 151 (2006), Bradley M. Taub

UIC Review of Intellectual Property Law

In 2006 the Federal Circuit in Zoltek Corp. v. United States denied a patent owner the basic protections of the Constitution. In 2005 the United States Supreme Court in Kelo v. City of New London effectively wrote the Public Use Clause out of the Fifth Amendment. This comment focuses on the constitutional and statutory rights of patent owners in light of Zoltek, Kelo, and 28 U.S.C. § 1498. After Zoltek and Kelo several questions remain, which this comment asks and analyzes. First, can the Federal Government unilaterally take a patent owner’s patent reasoning the taking benefits the economy, public safety, …

Recent Developments In Trade Secrets Law, 6 J. Marshall Rev. Intell. Prop. L. 59 (2006), R. Mark Halligan

UIC Review of Intellectual Property Law

As companies are increasingly trying to protect information by designating it as a trade secret, courts are increasingly trying to resolve litigation disputes relating to trade secrets misappropriation issues. Trends have emerged from these court cases, further defining the limits of trade secrets protection and attempting to carve out uniform rules concerning such protection. This article highlights some of the most interesting and recent developments in Trade Secrets Law.

The Patent Reform Act’S Proposed First-To-File Standard: Needed Reform Or Constitutional Blunder?, 6 J. Marshall Rev. Intell. Prop. L. 129 (2006), Karen E. Simon

UIC Review of Intellectual Property Law

The proposed Patent Reform Act of 2005 would bring U.S. patent law into harmony with most other countries by adopting a first-to-file standard for determining patent rights. This comment questions whether overturning the first-to-invent standardand two hundred years of settled law is permissible under the Patent Clause of the U.S. Constitution. The comment concludes that the Patent Reform Act of 2005, as proposed, violates the Constitution, and supports its argument by placing intocontext of the founding fathers fear of extending government monopolies. The comment proposes that Congress focus on procedural reform, and not change thefundamental standard for awarding patent rights.

The Housing Court Act (1972) And Computer Technology (2005): How The Ambitious Mission Of The Housing Court To Protect The Housing Stock Of New York City May Finally Be Achieved, Mary Marsh Zulack

Cardozo Public Law, Policy & Ethics Journal

The New York City Housing Court, established in 1972, was designed to preserve the city's housing stock by consolidating housing-related cases and empowering judges to ensure repairs. However, the court faces a significant challenge in measuring its effectiveness due to a lack of comprehensive data. The author proposes implementing a database system to track repair-related information, which would enhance the court's ability to enforce housing standards, make its operations transparent, and align its activities with its mission.

Nanotechnologies: The Promise And The Peril, Jennifer Sass, Patrice Simms, Elliott Negin

Sustainable Development Law & Policy

No abstract provided.

The Digital Vat (D-Vat), Richard Thompson Ainsworth

Faculty Scholarship

The most sustained U.S. tax policy debate of the past 30 years concerns proposals to replace and/ or supplement the Federal Income Tax with a consumption tax. Public finance economists and legal tax policy scholars challenged and defended the current income tax system on grounds of fairness, efficiency, and simplicity.

This debate over revamping the national taxing scheme has not been argued purely in the academic forum. Concrete legislative proposals have been advanced for a national retail sales tax, a European-style Value Added Tax, as well as a whole host of what David Bradford calls "the two-tiered consumption taxes."

From …

Consumer Privacy And Radio Frequency Identification Technology, Teresa Scassa, Theodore Chiasson, Michael Deturbide, Anne Uteck

Articles, Book Chapters, & Popular Press

Radio Frequency ID tags are poised to replace the UPC barcode as a mechanism for inventory control in the wholesale and retail contexts. Yet the tiny chips offer a range of potential uses that go beyond the bar code. In this paper the authors define RFID technology and its applications. They explore the privacy implications of this technology and consider recent attempts in the U.S. and European Union to grapple with the privacy issues raised by the deployment of RFIDs at the retail level. The authors then consider the extent to which Canada's Personal Information Protection and Electronic Documents Act …

Behavioral Genetics Research And Criminal Dna Databanks, David H. Kaye

Faculty Scholarship

This article examines the current concerns about whether DNA databases may be used for actions other than to apprehend criminals, such as genetic research, in particular, searching for a "crime gene". Part II considers the perspective that these databases may be useful for research. The information within a DNA sample consists of a limited number of DNA base-pair variations, which are important to identification, but not necessarily to genetic research. However, while it may be difficult to conduct genetic research, it is not impossible. Part III examines state and federal database legislation. There are examples of three states' statutes and …

Academic Discourse And Proprietary Rights: Putting Patents In Their Proper Place, Margo A. Bagley

Faculty Articles

This Article provides a fresh perspective on the Bayh-Dole debate by focusing on the impact of patent novelty rules on academic discourse. The Article proposes that to begin to reverse an observed deterioration in disclosure norms, flexibilities must be built into the patent system so that patents can be facilitators of the academic knowledge dissemination enterprise. In particular, the Article advocates creation of an opt-in extended grace period that would provide more time for academic researchers to publish and present early-stage research before having to file a patent application. Such an extension, coupled with early application publication, would both address …

The Story Of Diamond V. Chakrabarty: Technological Change And The Subject Matter Boundaries Of The Patent System, Rebecca S. Eisenberg

Book Chapters

Technological change often exposes unstated assumptions lurking in the law and makes them problematic, and patent law is no exception. Although the core mission of the patent system is to promote technological progress, path-breaking new technologies have not always been easily assimilated within its boundaries. The first wave of patent applications on advances in biotechnology in the 1970s illustrate some of the difficulties. Before that time, living organisms had generally been assumed to fall outside the range of patent-eligible subject matter under a timehonored exclusion for "products of nature." But genetically engineered organisms, although derived from naturally occurring life forms, …

Harnessing And Sharing The Benefits Of State-Sponsored Research: Intellectual Property Rights And Data Sharing In California's Stem Cell Initiative, Rebecca S. Eisenberg, Arti K. Rai

Articles

This Article discusses data sharing in California's stem cell initiative against the background of other data sharing efforts and in light of the competing interests that CIRM is directed to balance. We begin by considering how IP law affects data sharing. We then assess the strategic considerations that guide the IP and data policies and strategies of federal, state, and private research sponsors. With this background, we discuss four specific sets of issues that public sponsors of data-rich research, including CIRM, are likely to confront: (1) how to motivate researchers to contribute data; (2) who should have access to the …

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson

Elisabeth Haub School of Law Faculty Publications

This article briefly explores several scenarios in which economic actors compete and cooperate in order to capture the value in personal information. The focus then shifts to one particular scenario: the ongoing interaction between the United States and the European Union in attempting to construct data protection regimes that serve the philosophies and citizens of each jurisdiction as well as provide a strategic economic advantage. A game theoretic model is presented to explain the course of dealings between the two actors, including both unilateral and bilateral actions. Part I ends with an exploration of opportunities for seizing competitive advantage, and …

The Rhetoric Of Innovation, Matthew Herder

LLM Theses

Innovation has been lauded over centuries but the emergence of an "innovation policy paradigm" is a new phenomenon, producing profound changes in the realm of scientific research. Whether these changes stand to benefit 'all' Canadians remains to be seen. Therein lies a problem: The present "innovation policy paradigm" trades on society's deeply entrenched view of innovation (however it occurs) as a public good, while simultaneously encoding for specific a 'brand' of innovation that privileges capital over all other interests. This thesis (1) demonstrates that this paradigm is the product of historically complex contests of power; (2) argues that the paradigm …

Seeking Privacy: Examining A Role For The Fiduciary In Protecting Personal Information, Marcey L. Grigsby

NYLS Law Review

No abstract provided.

Challenging Standard Conceptions Of Tradition, Science And Technology In 2006: Why Laws Prohibiting The Sale Of Violent Video Games To Minors Should Be Ultimately Upheld, Ilana Lubin

Cardozo Journal of Equal Rights & Social Justice

The note argues that regulating the sale of violent video games to minors is constitutionally justifiable, supported by scientific evidence on adolescent brain development and legal precedents. It critiques the lack of a clear legal standard in court decisions and advocates for a nuanced approach that balances First Amendment rights with public safety concerns.

The Information Privacy Law Project, Neil M. Richards

Scholarship@WashULaw

One of the most interesting developments in privacy law literature over the past few decades has been the emergence of The Information Privacy Law Project, a group of scholars focused on the legal issues raised by the increasing collection, use, and disclosure of personal information made possible by evolving digital technologies. These scholars have sought to establish information privacy law as a field of study distinct from the constitutional right to decisional privacy. This Essay uses the recent publication of a major work by Daniel J. Solove, "The Digital Person: Privacy and Technology in the Digital Age", as a lens …

Infringement Twice Removed: Inducement Of Patent Infringement For Overseas Manufacture Of Infringing Products Imported By Another, Nicholas Oros

Computer Law Review and Technology Journal

Manufacturing a device in another country that infringes a United States patent is generally not a violation of United States patent law. However, if the device is then imported into the United States by another, the manufacturer may or may not be liable for inducement of patent infringement. This article explores inducement of infringement liability of foreign manufactures. First, inducement of infringement is defined and the sparse related case law is discussed. Then, a number of possible rules that courts could adopt to determine when foreign manufacturers should be liable are explored. The article concludes with a proposal that courts …