Intellectual Property

William Hubbard, Competitive Patent Law

Can U.S. patent law help American businesses compete in global markets? In early 2011, President Barack Obama argued that, to obtain economic prosperity, the United States must “out-innovate . . . the rest of the world,”1 and that patent reform is a “critical dimension[]”2 of this innovation agenda. Soon thereafter, Congress enacted the most sweeping […]

Michael Risch, America's First Patents

Courts and commentators vigorously debate early American patent history because of a spotty documentary record. To fill these gaps, scholars have examined the adoption of the Intellectual Property Clause of the Constitution, correspondence, dictionaries, and British and colonial case law. But there is one largely ignored body of information—the content of early patents themselves. While […]

Peter K. Yu, Intellectual Property and Human Rights in the Nonmultilateral Era

In the past decade, countries have actively established bilateral, plurilateral, and regional trade and investment agreements, such as the Anti-Counterfeiting Trade Agreement and the Trans-Pacific Partnership Agreement. Although commentators have examined the conflict and tension between intellectual property and human rights in the past, the arrival of these agreements has ushered in a new era […]

Deven R. Desai, From Trademarks to Brands

The business world has moved from using trademarks—simple symbols identifying products—to brands—rich symbols that feed business strategy. At the same time, networked and empowered consumers are using brands, brand language, and branding strategies to make decisions about what they purchase, express preferences about how corporations conduct their business, and call for changes in corporate practices. […]

Jacob D. Moore, The Forgotten Victim in the Human Gene Patenting Debate: Pharmaceutical Companies

63 Fla. L. Rev. 1277 (2011)| | | NOTE :: Scientific innovation is crucial to the prosperity, security, and health of a nation. During the founding years of the United States, political leaders realized the need for such innovation and created the patent law system 2 as a means of protecting American citizens. The major […]

Charles Short, Guilt by Machine: The Problem of Source Code Discovery in Florida DUI Prosecutions

61 Fla. L. Rev. 177 (2009) | | | | ABSTRACT :: Breath testing results stand at the core of most driving under the influence (DUI) prosecutions. Florida law provides that an individual is guilty of driving under the influence when he drives, or is in actual physical control of a vehicle, while under the […]