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Full-Text Articles in Law
The Exemption From Patent Infringement And Declaratory Judgments: Misinterpretation Of Legislative Intent?, Amy Stark
San Diego Law Review
This Comment explores the Drug Price Competition and Patent Term Restoration Act of 1984. This statute was enacted to encourage expenditure in the areas of pharmaceutical and medical inventions, and to ensure greater competition in these fields at an earlier date after relevant patents expire. The author argues that courts' interpretations of this act may be preventing these original goals of Congress from being met. Several courts have based denial of declaratory judgments upon this statute. The author argues that if the statute is interpreted as requiring the denial of all declaratory judgment suits, the statute may actually discourage companies …
Use Restrictions And The Retention Of Property Interests In Chattels Through Intellectual Property Rights, Thomas Arno
Use Restrictions And The Retention Of Property Interests In Chattels Through Intellectual Property Rights, Thomas Arno
San Diego Law Review
Granting intellectual property rights promotes invention but also encourages wasteful expenditures to avoid monopoly prices. If patent or copyright owners are allowed to place some types of restrictions on the products they sell, these wasteful efforts can be avoided. This Comment discusses restrictions that have this effect and how intellectual property law might best create a doctrine enforcing them.