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Full-Text Articles in Law
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 …
Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa
Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa
Case Western Reserve Journal of International Law
No abstract provided.
Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Case Western Reserve Journal of International Law
No abstract provided.
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Case Western Reserve Journal of International Law
No abstract provided.
Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos
Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos
Case Western Reserve Journal of International Law
No abstract provided.
Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss
Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss
Case Western Reserve Journal of International Law
comment on the Reichman article
Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson
Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson
Case Western Reserve Journal of International Law
comment on the Markus article
Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub
Case Western Reserve Journal of International Law
This is called an article in the print version, but it appears to be (a note) written by a law student.
Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield
Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield
Case Western Reserve Journal of International Law
No abstract provided.
The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, J.H. Reichman
The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, J.H. Reichman
Case Western Reserve Journal of International Law
No abstract provided.
Reflections: Beyond Compliance Theory--Trips As A Substantive Issue, Peter M. Gerhart
Reflections: Beyond Compliance Theory--Trips As A Substantive Issue, Peter M. Gerhart
Case Western Reserve Journal of International Law
No abstract provided.
Intellectual Property Rights And Economic Development, Keith E. Maskus
Intellectual Property Rights And Economic Development, Keith E. Maskus
Case Western Reserve Journal of International Law
No abstract provided.
International Intellectual Property Litigation In The Next Millenium, Justice Jacob Hon.
International Intellectual Property Litigation In The Next Millenium, Justice Jacob Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Bringing Developing Countries' Intellectual Property Laws To Trips Standards: Hurdles And Pitfalls Facing Vietnam's Efforts To Normalize An Intellectual Property Regime, Michael W. Smith
Case Western Reserve Journal of International Law
No abstract provided.