Intellectual Property Law Commons^™

The Patent Landscape Of Chagas Disease Vaccines Indicates Major Underinvestment In An Emerging Global Health Threat, Stanley Kowalski, Lily Widdup, Bradley Johnson

Law Faculty Scholarship

Considering the enormous human and economic toll Chagas disease inflicts, investment in R&D of medical innovations such as diagnostics, pharmaceuticals and vaccines remains disproportionately low.  The patent landscape of Chagas’ disease vaccine innovation corroborates this unfortunate trend: an alarming paucity of investment which confirms this disease as among the most neglected of the neglected diseases.  However, the article then articulates how patent information can also be viewed as a starting point, and indeed springboard, for international collaboration to accelerate vaccine development via a dynamic opening-innovation strategy.

Jefferson Et Al. Reply, Osmat Jefferson, W. Nicholson Price Ii, S. Sean Tu, Saurabh Vishnubhakat, Arti K. Rai

Articles

Notwithstanding Amgen’s strenuous objections, the core premise of our article should be uncontroversial to most policy analysts: biosimilar firms that simply want to manufacture an originator biologic in the manner it was manufactured at the time of US Food and Drug Administration (FDA) approval should be able to enter the market expeditiously once valid manufacturing (and other valid patents) that legitimately cover the ‘at approval’ biologic have expired. Our core premise relies on the widely accepted values of patent validity and notice. Instead of expensive litigation discovery fights over such ‘at approval’ issues, of the sort Amgen itself has spearheaded …

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

The doctrine of character copyright is an eccentricity in copyright law that should either be abandoned or substantially reformed. Originally limited to literary characters, this doctrine decomposes a narrative work in order to recognize characters as works of authorship independent of the narrative works from which they are derived. Claimants generally seek independent protection for characters for three, sometimes overlapping, reasons: (1) to repackage what would otherwise be a weak claim of substantial similarity if comparison were to be made with the work(s) from which the character has sprung; (2) to overcome obstacles posed by prior licensing decisions that have …

From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakmonova

Canadian Journal of Law and Technology

This paper examines the regulatory challenges surrounding Decentralised Autonomous Organizations (DAOs) in Canada and argues that existing legal frameworks— primarily designed for traditional corporate entities— are inadequate for addressing the unique characteristics of DAOs. While securities regulators have taken steps to oversee aspects of DAO activity, a broader regulatory framework is needed to provide legal clarity, address governance and liability concerns, and foster responsible innovation. This study recommends a dual approach: (1) extending corporate law reforms to define the legal status and obligations of DAOs, and (2) developing a regulatory framework that balances investor protection with the flexibility needed for …

Recommended For You Streaming Platform Recommendation Algorithms And Consumer Rights, Margaret Wilson

Canadian Journal of Law and Technology

Streaming platforms are becoming increasingly popular with consumers. In Canada, recent studies have suggested that 55% of Canadians use video streaming services, like Netflix, on a daily basis. Similarly, up to 30% stream audio content daily on platforms like Spotify.6 The federal government has recognized that the broadening use of these technologies creates new challenges for consumer privacy and has proposed updates to consumer privacy laws in Bill C-27. With the dissolution of the 44th Parliament on March 23, 2025, Bill C-27 died on the roll and will not be adopted. As proposed legislation, Bill C-27 signalled the direction of …

Navigating The Shadows: Evaluating Privacy Protections Against Dark Patterns, Matt Gaulton, Dominique Kelly, Dr. Jacquelyn Burkell

Canadian Journal of Law and Technology

Privacy dark patterns are user interface design strategies that manipulate individuals into disclosing personal information or consenting to data practices they may not fully understand or intend. This paper critically evaluates the effectiveness of Canadian, American, and European privacy frameworks — specifically, the Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), and the European Union’s General Data Protection Regulation (GDPR) — in addressing the regulatory challenges posed by privacy dark patterns. We argue that PIPEDA is significantly less equipped to counteract such manipulative practices, particularly in comparison to the GDPR and CCPA, due to …

Balancing The Use Of Ai With Canadian Privacy Rights: An Analysis Of Personal Information Collection Through Emerging Ai Tools, Tamie Dolny, Methura Sinnadurai

Canadian Journal of Law and Technology

Biometric information collection through artificial intelligence (AI) is a new, dynamic and exciting technology that also raises significant privacy law considerations for in house and governmental lawyers in Canada. While organizations may be quick to collect personal information using forms of AI technology, these entities should be aware of the legal risk posed by technologies which may violate the Freedom of Information and Protection of Privacy Act (FIPPA)1 and/or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),2 especially if users are unaware of, or have not consented to the use of their personal information by the AI …

Considering The Concept Of Law In The Legal Singularity, Matthew Tse

Canadian Journal of Law and Technology

This review article engages with the idea of a ‘‘legal singularity”, which has been developed by Abdi Aidid and Benjamin Alarie in their book, The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better.

The legal singularity describes a legal system in the future that harnesses algorithmic computation to facilitate a ‘‘stable and complete legal order, capable of addressing and resolving practically all types of legal uncertainty in real time and on demand”. Aidid and Alarie believe algorithmic computation will achieve this promise in an interdependent dual process. On one hand, algorithms will structure the law with conceptual standardization. …

Social Capital And Mobility Of Starling Madura Coffee Traders In Jakarta, Yeni Priana, Manneke Budiman

International Review of Humanities Studies

This study aims to generate knowledge about the social capital underlying the resilience of Starling Madura coffee traders in Jakarta. The idea that underlies this analysis is Bourdieu's social capital theory, in which social capital formed through networks is able to provide independence in overcoming social and economic problems. In addition to social capital, mobility strategies are utilized as opportunities by Starling Madura coffee traders in an effort to survive sustainably in the context of the informal economic order in Jakarta. This study provides data and analysis that strengthen the idea that Starling Madura coffee traders adopt distinctive social capital …

Indian Cosmology And Archaeoastronomy Of The Khmer Stone Temples In Sakon Nakhon-Thailand, Duangden Boonpok

International Review of Humanities Studies

This article is multidisciplinary study of cosmology, archaeology and astronomy of the Khmer stone temples in Sakon Nakhon. The study investigates of the temple’s architectural structure and environmental geography which related to the astronomical knowledge. The result of study found that the plan and structure of temples is influenced by the concept of Indian cosmology which has Mount Meru as the central axis. Buildings is signified as mountain or heaven with high and multi-layered base. The main building is symbolically important as the origin of power for the whole temple. The objects and positions are the transforming of cosmology concept …

Representation Of Women’S Role In Sumbanese Ikat Weaving (Tenun Ikat), Tasya Widya Krisnadi

International Review of Humanities Studies

The craft of weaving is not merely an economic or artistic activity, but also plays a central role in the identity and social life of the Sumba community, particularly in the Kodi District of Southwest Sumba Regency. Women in Sumba play a crucial role in the practice of tenun ikat. They are not only the custodians of the skills and technical knowledge of weaving, but also the bearers of cultural values embedded in the process. This research aims to reveal the role of Sumbanese women as preservers of tradition amidst the currents of modernization. This study employs qualitative methods with …

The Influence Of The Dutch East Indies Government’S Ethnic Politics On Discrimination Against The Chinese Ethnic Group In Batavia (1946–1950), Zaky Rizqy Zaidaan Fadrin, Fajar Muhammad Muhammad Nugraha

International Review of Humanities Studies

This study explains how discrimination was experienced by ethnic Chinese in Batavia in the early post-independence period in 1946–1950, with an emphasis on the influence of ethnic politics practiced by the Dutch East Indies colonial government. The purpose of this study is to analyze the pattern of discrimination against ethnic Chinese influenced by the legacy of colonial racial segregation. The method used is qualitative historical descriptive. The main sources of this study come from letters of complaint from the Chinese community in 1946–1949 in the National Archives of the Republic of Indonesia (ANRI) and newspaper articles from 1950 from De …

The Comparison Of Classical Tafsir And Contemporary Interpretation Regarding The Verses Of Astrophysics And Cosmology In The Qur’An, Azra Ansharullah, Basuni Imamuddin

International Review of Humanities Studies

As time progressed, various kinds of discoveries in the field of science emerged one by one, especially in the field of Astronomy and its "little brother" Astrophysics. This opens up opportunities for everyone to research things that have been researched from a new perspective, such as researching the Koran from a science and technology perspective. There are 310 instances in the Qur'an where the word "heaven" is mentioned, and within them, there are various statements regarding the nature, phenomena, and other things related to the sky. With the progress of technology, there is undoubtedly a gap in the interpretation and …

The British Colonial Land Policy And The Development Of Plantation Agriculture In Colonial Southwestern Nigeria, Adesola S. Adesote

International Review of Humanities Studies

The main thrust of this paper is to critically analyse the impact of the colonial land policy of the British on plantation agriculture in colonial Southwestern Nigeria. Although land legislation had been introduced as far back as the late 19^th century, such as the Public Lands Ordinance of 1876 later renamed the Public Lands Acquisition Ordinance of 1917, it was vigorously pursued with the imposition of colonial rule in the period between 1900 and 1960. It argued that the introduction of land policy by the British in order to achieve her economic objective in Nigeria led to the commercialisation …

Symbols And Power Discourses In Three Shadow Puppet Performances Of The Murwakala Play, Ayuk Latifah, Darmoko Darmoko

International Review of Humanities Studies

This study analyzes the symbols and discourses of power in three Purwa shadow puppet performances of the Murwakala play, styles of Surakarta, Yogyakarta, and Banyumas. The Murwakala play, centered on themes of purification and the transformation of power, contains a rich narrative for analyzing power dynamics through the interactions between characters such as Batara Kala (a form of destructive power), Batara Wisnu (a form of constructive power), and Batara Guru (a form of cosmic order). Using a qualitative approach, this research integrates Geertz's theory of cultural symbolism and Foucault's discourse of power to analyze how power is represented and negotiated …

Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims

International Review of Humanities Studies

BRICS has broadened its agenda beyond finance to cultivate soft power through coordinated cultural diplomacy. Examining official statements, press releases, and scholarly commentary on the bloc’s flagship film, sports, and ministerial initiatives, this article shows that cooperation is advancing from one-off spectacles toward structured, recurring institutions. Findings indicate two simultaneous dynamics: outwardly, BRICS venues amplify Global-South perspectives that diversify international cultural flows; inwardly, member states use the same platforms to signal national prestige, revealing persistent status competition. The result is an early but uneven cultural architecture—one that counters Euro-Atlantic narrative dominance yet has not crystallized into a fully coherent BRICS …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Representing Vietnam’S Political Leadership In International Media: A Critical Discourse Analysis Of Coverage From 2018 To 2024, Jackson Andre William Kumaat

International Review of Humanities Studies

International media play a powerful role in shaping global perceptions of political legitimacy, particularly in states where authoritarian governance coexists with economic success. Vietnam—often described as a one-party socialist state with rapid economic growth—has attracted increased attention in international news coverage, yet little research has examined how its leadership is discursively constructed through media narratives. This study addresses that gap by analyzing how Vietnam’s political leadership was represented in international media from 2018 to 2024. Using Norman Fairclough’s Critical Discourse Analysis (CDA) and Stuart Hall’s theory of representation, the research investigates how ideology, power, and meaning are embedded in news …

The 15-Minute City And Social Behavior Changes In The Tod Area: Blok M-Sisingamangaraja Tod Case Study, Dede Julfikar, Lin Yola

International Review of Humanities Studies

The changing process of the city can be due to economic development that results in urbanization then enlarges the city. This situation affects the growth and evolution of other activities in urban areas such as the emergence of new residential areas, industrial zones, and trade and service (commercial) areas. The government of DKI Jakarta is targetting to develop many public transportation infrastructure due to its target of 2040 70% of Jakarta residents live near by transit points. So that the distance of residential residents to urban facilities can be reached within 15 minutes of walking, cycling or using public transportation. …