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Stuck In The Net: Promoting Global Shark And Ray Populations Through National Sustainability Import Laws, Kelsey Peden
Stuck In The Net: Promoting Global Shark And Ray Populations Through National Sustainability Import Laws, Kelsey Peden
William & Mary Environmental Law and Policy Review
Shark and ray populations are crucial to a healthy oceanic ecosystem, but regulation of harm is difficult to manage for these highly migratory species. The massive decline of shark and ray populations has triggered an international response, including collaborative protections against the overharvest and sale of endangered groups. However, recent studies show that protections must extend past direct harvest because an estimated thirty to fifty percent of population kills occur through “accidental by-catch” in the fishing process. The United States has attempted to fill some of the missing protections for sharks in national waters, as well as to implement bans …
Encouraging Sustainable Innovation: Is There Room For A Post-Grant Environmental Challenge In American Patent Law?, Samuel Habein
Encouraging Sustainable Innovation: Is There Room For A Post-Grant Environmental Challenge In American Patent Law?, Samuel Habein
William & Mary Environmental Law and Policy Review
This Note examines potential changes within the American patenting system that might renew the U.S. Patent and Trademark Office’s (“USPTO”) dedication to the promotion of progress through a post-grant environmental challenge to patents. There are many ways to encourage “green” innovation by challenging practices that harm the environment, but the patent system has a unique ability to discourage environmentally harmful innovation by refusing to grant exclusionary rights—rights that many industries require to thrive. However, a post-grant environmental challenge would undoubtedly disrupt the American patent system in severe ways that this Note does not address. Therefore, this Note is not arguing …