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Full-Text Articles in Law

Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman May 2011

Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman

Robin C Feldman

Whatever else I might own in this world, it would seem intuitively obvious that I own the cells of my body. Where else could the notion of ownership begin, other than with the components of the tangible corpus that all would recognize as "me?" The law, however, does not view the issue so neatly and clearly, particularly when cells are no long in your body. As so often happens in law, we have reached this point, not by design, but by the piecemeal development of disparate notions that, when gathered together, form a strange and disconcerting picture. 

This article examines …


Addressing Access To Medicine: The Influence Of Competing Patent Perspectives, Cynthia M. Ho Apr 2011

Addressing Access To Medicine: The Influence Of Competing Patent Perspectives, Cynthia M. Ho

Cynthia M Ho

Promoting access to affordable medicine for poor countries is considered important by a wide range of actors, including not only rich and poor countries, but also public health advocates, patent owners, and scholars. However, promoting access has been elusive. Public health advocates argue that access to medicine is increasingly difficult due to changes in domestic and international laws that limit access to unpatented and low-cost generic drugs by expanding the scope of patent rights. Patent owners and some countries deny these claims while simultaneously advocating for more expansive patent rights as necessary to promote innovation and development. This article addresses …


Brief Of Amicus Curiae In Support Of Affirmance, Ron D. Katznelson Mar 2011

Brief Of Amicus Curiae In Support Of Affirmance, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll Jan 2011

One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll

Michael W. Carroll

Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …


Overcoming The “Impossible Issue” Of Nonobviousness In Design Patents, Daniel Harris Brean, Janice M. Mueller Dec 2010

Overcoming The “Impossible Issue” Of Nonobviousness In Design Patents, Daniel Harris Brean, Janice M. Mueller

Daniel Harris Brean

The United States offers legal protection for designs - the overall aesthetic appearances of objects - through the patent system. To obtain a U.S. design patent has long required something more than novelty. Just as the patentability of a utilitarian device mandates a “nonobvious” advance over earlier technology, the patentability of a new and ornamental design requires that it differ from prior designs to an extent that would not have been “obvious to a designer of ordinary skill who designs articles of the type involved.” Ostensibly promoting progress in design, Congress in 1842 shoehorned design protection into the existing utility …