Intellectual Property Law Commons^™

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

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

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

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

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

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

Marquette Intellectual Property Law Review

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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

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

Marquette Intellectual Property Law Review

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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

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

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

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 …

Free Fashion, Ashley M. Marshall

Marquette Intellectual Property Law Review

Our current vision of fashion is viewed as a shared art form that may be enjoyed by all social classes. Fashion encourages a melting pot of collaboration from people that are influenced by creativity. At its core, fashion is innovative and it inspires people to foster that same self-expressive conduit. Traditionally, fashion was a privilege and greatly restricted from certain classes. Indeed, Georg Simmel has proposed that in an open class society, the high class seeks to distinguish itself by adorning distinctive forms of dress, and in turn, the middle class adopts this form of dress to identify with the …

Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew F. Popper

Marquette Intellectual Property Law Review

Almost a century ago, the United States Supreme Court declared that the prohibition against unfair competition serves to protect fundamental values and important rights. “[T]he right to acquire property by honest labor or the conduct of a lawful business is as much entitled to protection as the right to guard property already acquired. It is this right that furnishes the basis of the jurisdiction . . . of unfair competition.” The idea is simple: it is unfair to competitors and inconsistent with basic notions of market competition to allow market actors to steal the work or property of another and …

The National Institutes Of Health, Patents, And The Public Interest: An Expanded Rationale Of Justice Breyer’S Dissent In Stanford V. Roche, Nida Shakir

Marquette Intellectual Property Law Review

In February 2010, the Alzheimer’s Institute of America (AIA) filed a patent infringement lawsuit against Jackson Laboratory, the largest repository of research mice in the world. AIA sued Jackson Laboratory for infringing on AIA’s patent covering a DNA mutation linked to Alzheimer’s disease. Jackson Lab allegedly violated that patent by distributing mice especially bred for Alzheimer’s research. READ MORE, download the article.

Copyright, Competition, And The First English-Language Translations Of Les Misérables (1862), Michael H. Hoffheimer

Marquette Intellectual Property Law Review

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International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian

Marquette Intellectual Property Law Review

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International Intellectual Property Scholars Series: European Union Patents: A Mission Impossible? An Assessment Of The Historical And Current Approaches, Mauricio Troncoso

Marquette Intellectual Property Law Review

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Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur

Marquette Intellectual Property Law Review

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Copyrightable Works In The Undergraduate Student Context: An Examination Of The Issues, Lisamarie A. Collins

Marquette Intellectual Property Law Review

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Eyes Wide Shut: Induced Patent Infringement And The Willful Blindness Standard, Kristin M. Hagen

Marquette Intellectual Property Law Review

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Internet Outlaws: Knowingly Placing Ads On Parked Domain Names Invokes Contributory Trademark Liability, Ariane C. Strombom

Marquette Intellectual Property Law Review

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Environmental Initiative And The Role Of The Uspto’S Green Technology Pilot Program, Sarah M. Wong

Marquette Intellectual Property Law Review

This Comment will address the environmental problems that confront the U.S. and the steps that the government has taken to solve them. Specifically, research funding and patent protection have provided the green industry an incentive to increase research and development of green technology. One of the more recent programs to help improve the patent protection of green technology, the Green Technology Pilot Program, accelerates the status of green technology through the United States Patent and Trademark Office (USPTO) patenting process. This Comment will suggest that the Program become a permanent feature within the USPTO and that it be expanded to …

A State-By-State Analysis Of Inevitable Disclosure: A Need For Uniformity And A Workable Standard, Ryan M. Wiesner

Marquette Intellectual Property Law Review

Even after the majority of the states adopted the Uniform Trade Secrets Act, there is a lack of uniformity in their applications of trade secret laws. This lack of uniformity is directly contrary to section 8 of the UTSA, which calls for the uniform application of trade secret laws by the states adopting the Act. Consequently, there is a need for uniformity in the states’ applications of trade secret law, more specifically, the inevitable disclosure doctrine.

This Comment will provide a basic introduction to trade secrets, the inevitable disclosure doctrine, including a discussion of the Seventh Circuit’s decision in Pepsico …

Liability For Trademark Infringement For Internet Service Providers, Katja Weckström

Marquette Intellectual Property Law Review

In the wake of the millennium and the rise of the internet, legislative action was taken to shelter internet service providers (ISPs) from various forms of legal action. In the turmoil of chartering new and unregulated territory, such a safe harbor was deemed necessary to protect startup businesses. Today, these internet actors (e.g. Google, Amazon, and eBay) have grown strong and powerful. Thus, intellectual property holders have started to challenge this privilege in court. Increasingly, owners of famous marks seek liability and damages for direct and indirect trademark infringement in courts around the globe. This Article will focus on liability …

Deviated, Unsound, And Self-Retreating: A Critical Assessment Of The Princo V. Itc En Banc Decision, Richard Li-Dar Wang

Marquette Intellectual Property Law Review

The licensing dispute between Philips and Taiwan CD-R/RW manufacturers has been a powerful generator of new developments in the field of patent and competition, which culminated with the United States Court of Appeals for the Federal Circuit's Princo en banc decision in 2010. By adding new elements to the patent-misuse test, this decision confined the applicable area of the patent-misuse doctrine to the restrictions that patent owners impose on licensees, thus substantially constraining its scope and changing its landscape. After careful review of the Federal Circuit's holding and reasoning, this article finds that this decision deviating from United States Supreme …

Unlocking The Genome: The Legal Case Against Genetic Diagnostic Patents, Tiana Leia Russell

Marquette Intellectual Property Law Review

New, innovative genetic diagnostic methods are rapidly changing the way diseases are diagnosed, prevented, and treated. While personalized medicine remains it its early stages, its potential to improve patients’ lives cannot be overstated. As advances in biotechnology offer patients the promise of improved healthcare choices, a heated debate has arisen over the propriety of patents on genetic diagnostics, and whether anyone has the right to own the information that is encoded in a person’s genes. This paper outlines recent litigation surrounding genetic and advanced diagnostic patents and examines whether they constitute patentable subject matter under 35 U.S.C. § 101. Part …

Emerging Scholars Series: Trade Dress Rights As Instruments Of Monopolistic Competition: Towards A Rejuvenation Of The Misappropriation Doctrine In Unfair Competition Law And A Property Theory Of Trademarks, Apostolos Chronopoulos

Marquette Intellectual Property Law Review

The protection of trade dress restricts the ability of competitors to compete by imitation. It may also interfere with the public’s ability to copy product features that have been disclosed in expired utility and design patents. These concerns about the anticompetitive potential of trade dress claims have prompted the Supreme Court to tighten the requirements for protecting product configurations under the Lanham Act. To be protectable, the design under consideration should have already acquired secondary meaning. Furthermore, the functionality doctrine may bar protection even though there are enough alternative product configurations at the disposal of competitors so as to market …