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Intellectual Property Law Commons™

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Marquette University Law School

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Articles 151 - 180 of 385

Full-Text Articles in Intellectual Property Law

Table Of Contents Jan 2015

Table Of Contents

Marquette Intellectual Property Law Review

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Product Hopping 2.0: Getting The Fda To Yank Your Original License Beats Stacking Patents, Lars Noah Jan 2015

Product Hopping 2.0: Getting The Fda To Yank Your Original License Beats Stacking Patents, Lars Noah

Marquette Intellectual Property Law Review

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Twenty Years In The Making: Transitioning Patented Seed Traits Into The Generic Market, Brianna M. Schonenberg Mar 2014

Twenty Years In The Making: Transitioning Patented Seed Traits Into The Generic Market, Brianna M. Schonenberg

Marquette Law Review

Since the introduction of genetically modified seeds into the global market during the 1990s, there has been little need to prepare for the expiration of the patents related to the technologies. That is, until the expiration of the pioneer Roundup Ready seed-trait patent drew near. Now that Monsanto’s Roundup Ready seed-trait patent is nearing expiration, seed-producing competitors, farmers, and the global food market have raised questions regarding how Monsanto will handle the unprecedented transition into a generic seed market. In response, Monsanto and other agricultural-biotechnology companies have created the Accord, comprised of two contractual agreements, which attempts to regulate the …


The New Era Of Biologic Regulation And Patenting Under The America Invents Act, David I. Rucker Jan 2014

The New Era Of Biologic Regulation And Patenting Under The America Invents Act, David I. Rucker

Marquette Intellectual Property Law Review

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Repurposing - Finding New Uses For Old (And Patented) Drugs: Bridging The "Valley Of Death," To Translate Academic Research Into New Medicines, Daniel S. Sem Jan 2014

Repurposing - Finding New Uses For Old (And Patented) Drugs: Bridging The "Valley Of Death," To Translate Academic Research Into New Medicines, Daniel S. Sem

Marquette Intellectual Property Law Review

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Ip Policy Forum: Foreword From The Editors Jan 2014

Ip Policy Forum: Foreword From The Editors

Marquette Intellectual Property Law Review

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A New Framework For Assessing Clinical Data Transparency Initiatives, Erika Lietzan Jan 2014

A New Framework For Assessing Clinical Data Transparency Initiatives, Erika Lietzan

Marquette Intellectual Property Law Review

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Diagnostic Patents At The Supreme Court, Arti K. Rai Jan 2014

Diagnostic Patents At The Supreme Court, Arti K. Rai

Marquette Intellectual Property Law Review

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Trademarks Under The North American Free Trade Agreement (Nafta), With References To The Current Mexican Law, Roberto Rosas Jan 2014

Trademarks Under The North American Free Trade Agreement (Nafta), With References To The Current Mexican Law, Roberto Rosas

Marquette Intellectual Property Law Review

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Territoriality Challenges In Protecting Trademark Interests In The System Of Generic Top-Level Domains (Gtlds), Jesse Kim Jan 2014

Territoriality Challenges In Protecting Trademark Interests In The System Of Generic Top-Level Domains (Gtlds), Jesse Kim

Marquette Intellectual Property Law Review

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How Media Got The Biggest Bite Of (The) Apple: A Look At The Media Misperception In The Apple-Samsung Case, Neha Pathak Jan 2014

How Media Got The Biggest Bite Of (The) Apple: A Look At The Media Misperception In The Apple-Samsung Case, Neha Pathak

Marquette Intellectual Property Law Review

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Ip Policy Forum: Drug Development - Translating Basic Research Into New Medicines - And This Issue Of Iplr, Tommy Thompson Jan 2014

Ip Policy Forum: Drug Development - Translating Basic Research Into New Medicines - And This Issue Of Iplr, Tommy Thompson

Marquette Intellectual Property Law Review

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Ip Policy Forum: Forward-Looking View Of Healthcare Innovation, From A Leading Life Science Venture Capitalist, G. Steven Burrill Jan 2014

Ip Policy Forum: Forward-Looking View Of Healthcare Innovation, From A Leading Life Science Venture Capitalist, G. Steven Burrill

Marquette Intellectual Property Law Review

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Ip Policy Forum: The Increasing Importance Of Biologics-Based Drugs In Pharmaceutical Pipelines, David Meininger Jan 2014

Ip Policy Forum: The Increasing Importance Of Biologics-Based Drugs In Pharmaceutical Pipelines, David Meininger

Marquette Intellectual Property Law Review

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Ip Policy Forum: Need For New Ip Approaches To Facilitate Collaborative (Academic-Industrial) Drug Development, Garret A. Fitzgerald Jan 2014

Ip Policy Forum: Need For New Ip Approaches To Facilitate Collaborative (Academic-Industrial) Drug Development, Garret A. Fitzgerald

Marquette Intellectual Property Law Review

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Ip Policy Forum: New Business Models To Find Cures And Lower Healthcare Costs: A Role For Drug Repurposing, Bruce Bloom Jan 2014

Ip Policy Forum: New Business Models To Find Cures And Lower Healthcare Costs: A Role For Drug Repurposing, Bruce Bloom

Marquette Intellectual Property Law Review

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Ip Policy Forum: Repurposing & Collaborative Drug Development For Rare Diseases, Ramaiah Muthyala Jan 2014

Ip Policy Forum: Repurposing & Collaborative Drug Development For Rare Diseases, Ramaiah Muthyala

Marquette Intellectual Property Law Review

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Ip Policy Forum: The Future Of Clinical Trials: More Transparency And Pharmacogenomics, Harsha K. Rajasimha Jan 2014

Ip Policy Forum: The Future Of Clinical Trials: More Transparency And Pharmacogenomics, Harsha K. Rajasimha

Marquette Intellectual Property Law Review

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Ip Policy Forum: Implications Of Genomics Advances For Drug Discovery, Clinical Therapies, & Rare Disease Research, John R. Raymond Jan 2014

Ip Policy Forum: Implications Of Genomics Advances For Drug Discovery, Clinical Therapies, & Rare Disease Research, John R. Raymond

Marquette Intellectual Property Law Review

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Ip Policy Forum: Intellectual Property Rights (Ipr) In Collaborative Drug Development In The Eu: Helping A European Public-Private Partnership Deliver - The Need For A Flexible Approach To Ipr, Hugh Laverty, Magali Poinot Jan 2014

Ip Policy Forum: Intellectual Property Rights (Ipr) In Collaborative Drug Development In The Eu: Helping A European Public-Private Partnership Deliver - The Need For A Flexible Approach To Ipr, Hugh Laverty, Magali Poinot

Marquette Intellectual Property Law Review

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Searching For An Out: Rojadirecta, Myvidster, And The Knowledge Components Of The Information Location Tool Exemption Of § 512(D), Kevin J. Wleklinski Jan 2014

Searching For An Out: Rojadirecta, Myvidster, And The Knowledge Components Of The Information Location Tool Exemption Of § 512(D), Kevin J. Wleklinski

Marquette Intellectual Property Law Review

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Functional Signs And Decanters Of Wine: How Trade Dress Protection Unconstitutionally Extends Expired Design Patents, Tyler Jackson Jan 2014

Functional Signs And Decanters Of Wine: How Trade Dress Protection Unconstitutionally Extends Expired Design Patents, Tyler Jackson

Marquette Intellectual Property Law Review

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Likelihood Of Destruction - Restructuring The Trademark Dilution By Blurring Factors In The Trademark Dilution Revision Act Of 2006, Derek A. Hawkins Jan 2014

Likelihood Of Destruction - Restructuring The Trademark Dilution By Blurring Factors In The Trademark Dilution Revision Act Of 2006, Derek A. Hawkins

Marquette Intellectual Property Law Review

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One View Of Compulsory Licensing: Comparative Perspectives From India And Canada, Padmanabha Ramanujam, Yugank Goyal Jan 2014

One View Of Compulsory Licensing: Comparative Perspectives From India And Canada, Padmanabha Ramanujam, Yugank Goyal

Marquette Intellectual Property Law Review

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Patent Club Convergence Among Nations, Daniel Benoliel Jan 2014

Patent Club Convergence Among Nations, Daniel Benoliel

Marquette Intellectual Property Law Review

The article uncovers profound empirical and conceptual shortcomings concerning the "one-size-fits-all" innovation and intellectual property-related policies used internationally. These policies surely are funneled by the World Trade Organization (WTO) and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) or the World Intellectual Property Organization’s (WIPO) archetypical Development Agenda. The article offers a novel delineation of these policies vis-à-vis distinct country groups or “convergence clubs.”

In so doing, the article offers a unique statistical model carrying out hierarchal cluster analyses for sixty-six innovating countries twice during the 1996–2011 time series period. The model detects country groups that are …


Indigenous Peoples' Rights At The Intersection Of Human Rights And Intellectual Property Rights, Chidi Oguamanam Jan 2014

Indigenous Peoples' Rights At The Intersection Of Human Rights And Intellectual Property Rights, Chidi Oguamanam

Marquette Intellectual Property Law Review

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Patent Markets: An Opportunity For Technology Diffusion And Frand Licensing?, Stéphanie Chuffart-Finsterwald Jan 2014

Patent Markets: An Opportunity For Technology Diffusion And Frand Licensing?, Stéphanie Chuffart-Finsterwald

Marquette Intellectual Property Law Review

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Reverse Engineering Ip, Tonya M. Evans Jan 2013

Reverse Engineering Ip, Tonya M. Evans

Marquette Intellectual Property Law Review

With the advent of the Internet and digital technology, the twenty-first century has ushered in a quantum increase in the ways to create, disseminate, and commercially exploit creativity. Digital technology allows anyone to create perfect digital copies of protected works in the comfort of their homes and to distribute them to tens, hundreds, thousands, and even millions of people with the click of a hyperlink via a handheld device. Indeed, copyright touches more ordinary people in substantial ways in this age of information than at any other time in American copyright history. READ MORE, download the article.


The Immorality Of Strict Liability In Copyright, Steven Hetcher Jan 2013

The Immorality Of Strict Liability In Copyright, Steven Hetcher

Marquette Intellectual Property Law Review

I will argue for a fundamental reconceptualization of liability for copyright infringement. Specifically, I will argue that the essentially unchallenged orthodoxy that copyright infringement is a strict liability tort is false. From the Supreme Court on down, it does not even appear to be questioned that copyright infringement applies a strict liability standard. Upon reflection, this is peculiar, given that this is anything but an innocuous doctrine. It is just the opposite; it is a doctrine that strongly favors copyright owners who may more easily prevail in infringement suits, as it will always be easier to establish strict liability as …


The End Of Ownership?, Donald F. Jankowski Ii Jan 2013

The End Of Ownership?, Donald F. Jankowski Ii

Marquette Intellectual Property Law Review

Imagine for a moment that you are in the market for a new car. You find a sports car that you like, talk with a salesperson and ultimately purchase a new automobile. This car is effectively the same as thousands of other cars. It is a copy. You were not under the impression that you were buying the rights to the design of the car or to reproduce the car to the exact specifications as your own copy. However, you believe that you can do with this car what you will. You can put bigger wheels on it, put stickers …