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Copyright Infringement and the Separated Powers of Moral Entrepreneurship
(American Criminal Law Review, 2014)
This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...
Investor-State Dispute Settlement
(U.C. Irvine Law Review, 2018)
The triangular interface between trade, intellectual property (IP) and human rights has yet to be fully formed, both doctrinally and normatively. Adding investor-state dispute settlement (ISDS) to the mix increases the ...
Intellectual Property: A Beacon for Reform of Investor-State Dispute Settlement
(Michigan Journal of International Law, 2019)
Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a ...
The Patent Option
(North Carolina Journal of Law & Technology, 2019)
This Article delineates the proper scope of patentable subject matter and the two key exclusions namely scientific discoveries/laws of nature on the one hand, and mental steps/abstract ideas, on the other hand. The Article ...
Exploring the Interfaces Between Big Data and Intellectual Property Law
(Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2019)
This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big ...
Patenting the Unexplained
(Washington University Law Review, 2019)
It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how ...
Patenting Around Failure
(University of Pennsylvania Law Review, 2018)
Many patents cover inventions that do not work as described. Fingers often point to the U.S. Patent and Trademark Office (Patent Office), which is criticized for doing a poor job of examining patents. But the story is more ...
Plain Packaging and the Interpretation of the Tripps Agreement
(Vanderbilt Journal of Transnational Law, 2013)
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose ...
The Copy Process
(New York University Law Review, 2016)
There’s more than one way to copy. The process of copying can be laborious or easy, expensive or cheap, educative or unenriching. But the two intellectual property regimes that make copying an element of liability, copyright ...