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Full-Text Articles in Law
Open Borders, Intellectual Property, & Federal Criminal Trade Secret Law, Shubha Ghosh
Open Borders, Intellectual Property, & Federal Criminal Trade Secret Law, Shubha Ghosh
Shubha Ghosh
Many scholars have demonstrated that labor mobility between firms has lead to the economic success of Silicon Valley. California’s policy against enforcing covenants not to compete has been shown to provide the legal infrastructure for high labor mobility. Does the argument extend to mobility of skilled labor across national borders? This Article addresses that question in the context of the Economic Espionage Act of 1996, the first federal criminal trade secret law in the United States. By analyzing the scholarly literature and the case law under the Act, the author presents a theoretical framework for assessing the Act based on …
Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh
Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh
Shubha Ghosh
This Article examines the phenomenon of “race-specific patents,” defined as patented inventions for which the claims or the disclosure is written using racial categories. Inspired by the grant of a patent in 2002 for a hypertension drug whose claims limited use to “black patients,” the study begins by documenting race-specific patents in several areas, including patents for pharmaceuticals, cosmetics, toys, and devices for determining personal identity. After cataloguing the nearly seven hundred patents that were discovered, the author presents an analysis of the use of racial categories in patent law that focuses on both the normative bases for intellectual property …