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Full-Text Articles in Law
Securitization Of Patents And Its Continued Viability In Light Of The Current Economic Conditions, Aleksandar Nikolic
Securitization Of Patents And Its Continued Viability In Light Of The Current Economic Conditions, Aleksandar Nikolic
Aleksandar Nikolic
No abstract provided.
A Question Of Deference: Contrasting The Patent And Trademark Jurisdiction Of The Federal Circuit, Brian Dean Abramson
A Question Of Deference: Contrasting The Patent And Trademark Jurisdiction Of The Federal Circuit, Brian Dean Abramson
Brian Dean Abramson Esq.
This article details the various routes by which a patent or trademark matter may fall within the purview of the United States Court of Appeals for the Federal Circuit, and the divergent jurisdictional approach taken by the Federal Circuit to these different areas of law. This article was a top five finalist out of 125 submissions to the Federal Circuit Bar Association’s 2009 George Hutchinson Writing Competition.
The Public Domain In Intellectual Property: Beyond The Metaphor Of A Domain, Severine Dusollier
The Public Domain In Intellectual Property: Beyond The Metaphor Of A Domain, Severine Dusollier
Severine Dusollier
No abstract provided.
User Innovator Community Norms At The Boundary Between Academic And Industrial Research, Katherine J. Strandburg
User Innovator Community Norms At The Boundary Between Academic And Industrial Research, Katherine J. Strandburg
Katherine J. Strandburg
In this essay, I consider norms of sharing research tools and materials in what has been called Pasteur’s Quadrant, in which basic science and applied research overlap. I employ a user innovation paradigm, along with a rational choice approach to social norms, to address the issue. The convergence of academic research with commercial interests has two different types of consequences for sharing norms. First, a research tool or material developed in a nonprofit research context may be a dual-purpose innovation with both research and nonresearch uses. Thus, for example, a genetic assay may be useful in research and as a …
Norms And The Sharing Of Research Materials And Tacit Knowledge, Katherine J. Strandburg
Norms And The Sharing Of Research Materials And Tacit Knowledge, Katherine J. Strandburg
Katherine J. Strandburg
As discussed in Wesley Cohen’s chapter in this volume, recent empirical studies have documented that scientists experience increasing difficulty obtaining tangible research materials from other scientists, while they express fewer concerns than many had anticipated about do-it-yourself tools that can be made in the laboratory, even when those tools are patented. In this Chapter I use a rational choice model of social norms to elucidate some factors that affect the likelihood that a research community will adopt a sharing norm. Based on those factors, I discuss some means by which sharing of tangible research materials can be encouraged. The analysis …
Evolving Innovation Paradigms And The Global Intellectual Property Regime, Katherine J. Strandburg
Evolving Innovation Paradigms And The Global Intellectual Property Regime, Katherine J. Strandburg
Katherine J. Strandburg
Since the negotiation of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) in 1994, the innovative landscape has undergone dramatic changes due to technological advances in fields such as biotechnology, nanotechnology, and digital communications and computation. The increasing potential for user innovation and open and collaborative innovation has brought an explosion of innovative activity that does not fit into the sales-oriented, mass market model which underlies the global intellectual property regime. In this Article, I argue that the debate over global governance of innovation should be expanded to account more fully for the implications of these changes. For the …