Marquette Intellectual Property Law Review

Articles from Vol. 18, No. 1, Winter

Ancillary Orders of Compulsory Licensing and Their Compatibility with the TRIPs Agreement
I. INTRODUCTION II. CONDITIONS FOR COMPULSORY LICENSING TO BE EFFECTIVE III. ANCILLARY ORDERS TO ENSURE THE EFFECTIVENESS OF COMPULSORY LICENSING A. Know-How Transfer Orders B. Goal-Attainment Ensuring Orders IV. SIDE-EFFECTS PREVENTING...
A New Framework for Assessing Clinical Data Transparency Initiatives
Introduction I. Background II. Placing Disclosure Within The Legal Landscape A. Classification as Trade Secret B. Analytical Problems with Trade Secret Classification 1. Trade Secret Law is Not Directly on Point 2. The Doctrinal...
A New Framework for Assessing Clinical Data Transparency Initiatives
2. The Doctrinal Debate Collapses A great deal of scholarship has attempted to make sense of trade secret law, categorizing and critiquing its various justifications and objectives and, in at least one instance, also suggesting that at bottom there...
Diagnostic Patents at the Supreme Court
Introduction I. Innovation, Access, and Validity II. Innovation and the Court's Recent Subject Matter Decisions III. Beyond Diagnostics Conclusion Introduction In June 2013, the United States Supreme Court handed down a highly anticipated decision...
Forward-Looking View of Healthcare Innovation, from a Leading Life Science Venture Capitalist
Healthcare is in the midst of its most dramatic transformation in its history. The transformation is being driven by a confluence of factors. At the macro level, an aging population around the world, growing prosperity in emerging economies, and the...
How Media Got the Biggest Bite of (the) Apple: A Look at the Media Misperception in the Apple-Samsung Case
I. INTRODUCTION II. BACKGROUND OF THE CASE III. ANALYSES OF THE PATENTS AT ISSUE A. Design Patents B. Utility Patents 1. Apple's Patents at Issue in the Apple-Samsung Trial 2. Preliminary Invalidity of the Patents Based on Prior...
Implications of Genomics Advances for Drug Discovery, Clinical Therapies, & Rare Disease Research
The burgeoning field of genomics offers immense promise for the transformational power of personalized medicine. Genomics is the study of the full complement of DNA in an individual cell or organism. Personalized medicine is the customization of health...
Intellectual Property Rights (IPR) in Collaborative Drug Development in the EU: Helping a European Public-Private Partnership Deliver - the Need for a Flexible Approach to IPR
The integrated R&D model historically employed by pharmaceutical companies, in which every step of drug development is conducted in-house, is no longer efficient in delivering the new therapies that are needed to address the major health challenges...
Need for New IP Approaches to Facilitate Collaborative (Academic-Industrial) Drug Development
The relative strengths and weakness of academia and industry in the skills necessary to bring a molecule forward to an approved drug are widely appreciated. Indeed, the efficiency of moving to a modular approach to drug discovery and development--with...
New Business Models to Find Cures and Lower Healthcare Costs: A Role for Drug Repurposing
The current medical solution industry, with amazing scientists and businesspeople working as hard as they can, is not creating treatments and cures for most of the world's diseases. Pharma in 2013 is using a fifty-year-old business model to leverage...
Repurposing & Collaborative Drug Development for Rare Diseases
The label "rare/orphan disease" refers to diseases that affect a small number of people compared to common diseases. In this category, more than 7,000 diseases have been identified so far. 80% of them are of genetic origin and often affect children....
Repurposing - Finding New Uses for Old (and Patented) Drugs: Bridging the "Valley of Death," to Translate Academic Research into New Medicines
I. INTRODUCTION II. DRUG REPURPOSING A. Growth of Drug Repurposing B. Academic Drug Development and the "Valley of Death" C. Repurposing to Traverse the Valley of Death--Is There Sufficient Exclusivity? D. Repurposing to Traverse...
Territoriality Challenges in Protecting Trademark Interests in the System of Generic Top-Level Domains (GTLDS)
I. INTRODUCTION II. THE INCOMPATIBILITY III. THE CONFLICTING INTERESTS IV. THE NEW GTLD SYSTEM AND ITS LEGAL RAMIFICATIONS V. EARLY DEVELOPMENTS SINCE THE CLOSING OF GTLD APPLICATIONS VI. CONCLUSION I. INTRODUCTION Being human-friendly...
The Future of Clinical Trials: More Transparency and Pharmacogenomics
The traditional approach to Pharma clinical trials is to treat the general population as a single group. This has resulted in a large number of failures and lost opportunities in bringing new cures to market. The problem with this approach is that...
The Increasing Importance of Biologics-Based Drugs in Pharmaceutical Pipelines
For the first time in modern history, worldwide total prescription drug sales experienced negative year-over-year growth in 2012. In contrast to conventional pharmaceuticals for which negative sales growth is projected for several more years, sales...
The New Era of Biologic Regulation and Patenting under the America Invents Act
I. Introduction II. THE REGULATORY HISTORY OF BIOLOGICS IN THE UNITED STATES A. The Biologic Control Act of 1902 B. The Pure Food and Drug Act and the Federal Food, Drug, and Cosmetic Act C. The Public Health Service Act D....
Trademarks under the North American Free Trade Agreement (NAFTA), with References to the Current Mexican Law
I. INTRODUCTION II. WHAT IS NAFTA? III. NAFTA, CHAPTER XVII, INTELLECTUAL PROPERTY A. General Aspects 1. Nature and Scope of Obligations 2. More Extensive Protection 3. National Treatment 4. Control of Abusive or...
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