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Full-Text Articles in Law
Rebutting Obviousness In The Pharmaceutical Industry: Secondary Considerations Of Analogs, Jolie D. Lechner
Rebutting Obviousness In The Pharmaceutical Industry: Secondary Considerations Of Analogs, Jolie D. Lechner
Chicago-Kent Journal of Intellectual Property
Pharmaceutical companies depend on patent protection to recuperate the high costs of research and development. In regards to the patentability of structurally related compounds, the courts must decide whether a compound is obvious in view of its structurally similar prior art. In general, a compound is non-obvious over the structurally related prior art if the compound exhibits unexpected results. However, placing primary emphasis on a compound's unexpected properties is out of step with the realities of drug development. For example, during drug development, chemists will modify a compound's structure until they produce a compound that exhibits optimal pharmakinetic properties. This …
Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen
Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen
Chicago-Kent Journal of Intellectual Property
This article explores the issue of large retailers capitalizing on designers’ designs by using the method of “close copying” and the dilemma that designers face due to their lack of recourse since their designs are not afforded copyright protection. The Council of Fashion Designers of America has been lobbying Congress for protection and their efforts have created the Innovative Design Protection and Piracy Prevention Act. This legislation is currently pending but it is a revised version of the earlier Design Piracy Prohibition Act and it removes many of the controversial provisions that were in the earlier version. Therefore, there is …