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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 1308
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 1308
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Book Description
Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610278887
Category : Law
Languages : en
Pages : 578
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Book Description
The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2012 Term, articles and essays include: • Foreword: "Equality Divided," by Reva B. Siegel • Comment: "Beyond the Discrimination Model on Voting," by Samuel Issacharoff • Comment: "Windsor and Brown: Marriage Equality and Racial Equality," by Michael J. Klarman • Comment: "License, Registration, Cheek Swab: DNA Testing and the Divided Court," by Erin Murphy The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Ruth Bader Ginsburg and her 20 years on the Court. The essays are written by such scholars as Deborah Anker, Susan Farbstein, Judge Nancy Gertner, Lani Guinier, Vicki Jackson, Richard Lazarus, John Manning, Martha Minow, Carol Steiker, Julie Suk, Laurence Tribe, and Mark Tushnet. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects. Student commentary on Leading Cases of the 2012 Term includes recent cases on: federal preemption regarding elections; the Privileges and Immunities Clause; unconstitutional conditions violating free speech; effective assistance of counsel; dog-sniffing at the doorstep under the Fourth Amendment; jury trial right for mandatory sentencing; affirmative action in public universities; class action certification in securities cases; class action waivers in arbitration clauses; plain error review when new law is made after appeal; standing in government surveillance challenges; extraterritoriality under the Alien Tort Statute; actual innocence under AEDPA; deference to agencies in clean water and communication act cases; the First Sale Doctrine in copyright law; patent exhaustion; patentable subject matter; reverse payment settlements; Indian adoptions; and employer liability for supervisor harassment under Title VII. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications.
Author: Ben Depoorter
Publisher: Edward Elgar Publishing
ISBN: 1789903998
Category : Law
Languages : en
Pages : 1441
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Book Description
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
ISBN: 1781001189
Category : Technology & Engineering
Languages : en
Pages : 499
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Book Description
This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
ISBN: 1848440189
Category : Law
Languages : en
Pages : 393
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Book Description
Dr Rimmer s book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species. From the foreword by the Hon Justice Michael Kirby AC CMG, the High Court of Australia . . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists. Journal of Intellectual Property Rights Rimmer s book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on. Stefan M. Miller, Journal of Commercial Biotechnology . . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended. David Rogers, European Intellectual Property Review Rimmer has put a great deal of thought and effort into this series of chapters. For those looking at how to reform, direct and develop laws in relation to biotechnology, this book is brimming with ideas, suggestions and recommendations of what to do next. Rebecca Halford-Harrison, Chartered Institute of Patent Attorneys . . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind. Sharon Givoni, Australian Intellectual Property Law Bulletin Rimmer s new book is a timely and very thought-provoking analysis of patent law and biotechnology and asks a very serious question: can a 19th century patent system adequately deal with a 21st century industry? Kate McDonald, Australian Life Scientist This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive particularly in respect of Myriad Genetics BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.
Author: William Hoffman
Publisher: Oxford University Press, USA
ISBN: 0199974594
Category : Medical
Languages : en
Pages : 305
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Book Description
"Scholars and policymakers alike agree that innovation in the biosciences is key to future growth. The field continues to shift and expand, and it is certainly changing the way people live their lives in a variety of ways. But despite the lion's share offederal research dollars being devoted to innovation in the biosciences, the field has yet to live up to its billing as a source of economic productivity and growth. With vast untapped potential to imagine and innovate in the biosciences, adaptation of the innovative model is needed. In The Biologist's Imagination, William Hoffman and Leo Furcht examine the history of innovation in the biosciences, tracing technological innovation from the late eighteenth century to the present and placing special emphasis on how and where technology evolves. Place is key to innovation, from the early industrial age to the rise of the biotechnology industry in the second half of the twentieth century. The book uses the distinct history of bioscientific innovation to discuss current trends as they relate to medicine, agriculture, biofuels, stem-cell research, neuroscience, and more. Ultimately, Hoffman and Furcht argue that, as things currently stand, we fall short in our efforts to innovate in the biosciences; our system of innovation is itself in need of innovation. It needs to adapt to the massive changes brought about by converging technologies, globalization in higher education as well as in finance, and increases in entrepreneurship. The Biologist's Imagination is both an analysis of past models for bioscience innovation and a forward-looking, original argument for how future models should be developed"--
Author: Frederick M. Abbott
Publisher: Aspen Publishing
ISBN: 1543809596
Category : Law
Languages : en
Pages : 1056
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Book Description
International Intellectual Property in an Integrated World Economy, Fourth Edition by Frederick M. Abbott, Thomas Cottier, and Francis Gurry, provides a comprehensive treatment of the international intellectual property system across the spectrum of intellectual property rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral and national levels. For each form of IP, it addresses the technical legal rules and illustrative jurisprudence, as well as economic and social welfare implications. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fourth Edition: The latest developments in bilateral and regional agreements regulating intellectual property, including NAFTA 2.0 (USMCA), CPTPP, and CETA Important new judicial decisions, including the U.S. Supreme Court decision adopting international exhaustion of patents and CJEU decisions addressing trademarks, geographical indications, and copyright Developments in IP and human rights; IP and competition law; and IP and health The WTO panel report in the Australia-Tobacco case Professors and students will benefit from: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts Discussion of patent, trademark, geographical indication, copyright, design, trade secret, and data protection; as well as plant variety protection, protection of genetic resources and traditional knowledge, and the role of open source An explanation of the new European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Inclusion of important jurisprudential developments
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309452058
Category : Science
Languages : en
Pages : 231
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Book Description
Between 1973 and 2016, the ways to manipulate DNA to endow new characteristics in an organism (that is, biotechnology) have advanced, enabling the development of products that were not previously possible. What will the likely future products of biotechnology be over the next 5â€"10 years? What scientific capabilities, tools, and/or expertise may be needed by the regulatory agencies to ensure they make efficient and sound evaluations of the likely future products of biotechnology? Preparing for Future Products of Biotechnology analyzes the future landscape of biotechnology products and seeks to inform forthcoming policy making. This report identifies potential new risks and frameworks for risk assessment and areas in which the risks or lack of risks relating to the products of biotechnology are well understood.
Author:
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 932
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Book Description
Petitions and briefs filed with the U.S. Supreme Court.
Author: Janice M. Mueller
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1266
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Book Description
Succinct and timely, the 7th Edition of the best-selling PATENT LAW continues to demystify its subject as it explores and explains important cases, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this acclaimed text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the 7th Edition: Supreme Court review of bedrock patentability requirements: o Amgen (the Court’s first examination of enablement in nearly 100 years) Supreme Court clarification of long-standing equitable doctrines in patent litigation: o Minerva (assignor estoppel is valid but limited to instances when assignor’s claim of invalidity contradicts representations made in assigning patent) Ongoing, intensive Supreme Court scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Thryv (Federal Circuit lacks jurisdiction to review PTAB’s § 315(b) time-bar decisions) Arthrex (PTO Director review of PTAB final decisions remedies Constitutional violation in appointment of PTAB judges. The problematic landscape of patent-eligibility jurisprudence under § 101, including Federal Circuit decisions in: American Axle (methods of manufacturing) CareDx (diagnostic methods) Trinity Info Media, Adasa, Killian, Free Stream Media, Uniloc, Rudy (abstract ideas) The challenging application of the cornerstone non obviousness requirement to the burgeoning field of design patents, including the Federal Circuit’s first en banc consideration of a patent case in 5 years: LKQ Confronting new questions of novelty, priority, and prior art under the AIA, including Federal Circuit and PTAB decisions in: SNIPR Techs. (enumerating patentability and priority requirements for “pure pre-AIA,” “pure AIA,” and “mixed” patents and applications) Penumbra (when is a patent relied on as § 102(a)(2) prior art entitled to the earlier filing date of its related parent or provisional application) Fine-tuning the scope of AIA IPR estoppel to prevent petitioners from relitigating the same validity issues in federal court, including Federal Circuit decisions in: Cal. Inst. (interpreting “during the IPR”) Ironburg (“skilled searcher” standard) The limited role of extrinsic evidence in patent claim interpretation: Genuine Enabling (rejecting accused infringer’s expert testimony seeking to narrow claim scope via prosecution disclaimer) Allowing assertions of the equitable defense of prosecution history laches against unreasonable and inexcusable prosecution delays, despite compliance with statutory and regulatory requirements: Hyatt, Personalized Media How the European Union’s new Unitary Patent and Unified Patent Court (2023) are revolutionizing international patenting Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary
