Advocating for a world where intellectual
property law serves the public interest.
[Garry Gabison and Zaakir Tameez] Abstract: This Article compares reverse payment settlements, also known as pay-for-delay deals, in the United States and Europe. These deals occur where a branded drug manufacturer sues, settles with, and pays a generic manufacturer to delay the entry of its generic. Unlike the United States, which has a decentralized drug purchasing system, European healthcare systems
[Stephen Beemsterboer] Abstract: For more than a decade, the Internet Archive has been collecting and digitizing books as part of its “Open Library” project. The unofficial e-books are made available to the public under a legally untested concept called “controlled digital lending” (CDL), premised on the notion that libraries should be able to lend their books online in much the
[Deepa Varadarajan] Abstract: Can intellectual property (IP) rights be lost? Much attention has been paid to how IP rights are acquired and whether threshold requirements are too laxed or onerous. But surprisingly little attention has been paid to the question of IP forfeiture. That is, once IP rights are acquired, what—if anything—do owners have to do to keep those rights
[Justice Dr. Ruwan Fernando] There are laws in force in many countries to limit the liability of an ISP for the infringement of copyright that takes place on its networks. An ISP in Sri Lanka may not enjoy the same privilege for the infringement of unauthorised material initiated by its users or third parties on their networks. The current law
[Sangeeta Shashikant] The global crisis of COVID-19 has underscored the vital importance of utilizing, to the fullest extent, policy space in the area of intellectual property. Since the onset of the pandemic, many countries around the world have had to confront various challenges of access including to tools protected by intellectual property (IP). These include copyrighted materials as learning shifted
[Timothy R. Holbrook] Abstract: Intellectual property rights, particularly patents, copyrights, and trademarks, have been the subject of international treaties for quite some time. Those treaties all treat intellectual property rights as national in nature, with attendant territorial limits. ... For extraterritoriality, that means that the use of one nation’s intellectual property to leverage control over the acts and markets of
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