ARGUMENT: THE DISTRICT COURT ERRED IN DENYING BYRD’S MOTION TO SUPPRESS QUESTIONABLE EVIDENCE OBTAINED FROM A WARRANTLESS SEARCH OF BYRD’S…
International Registration of Art as a Trademark and Matters of Infringement
Artwork that is to be considered for trademark registration must be unique, descriptive, and have secondary meaning. For example, the…
Is the Right to Engage in Criticism Barred by Trademark Laws?
The right to engage in criticism as a form of free expression is generally not barred by trademark laws. However,…
Insight into Know-How Agreements
The World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) was established…
Examining the Doctrine of Equivalents
The interpretation of patent claims differs among jurisdictions within the World Intellectual Property Organization (WIPO). Countries such as Germany, Ireland,…
Patentability of Plants and Plant Parts
Plants are not typically eligible for intellectual property protection via patents. In other words, there is nothing novel, unique, or…
A Closer Look at Trade Secret Regulation
Article 39 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement details provisions for the protection of trade secrets as intellectual…
Best Practices for Utilizing Regional and International Patent Application Systems
An inventor has several options for seeking patent protection internationally in a variety of jurisdictions. Industrial property rights, including patents,…
To Patent or Not to Patent? That is the Question.
Image: 1882 United States Patent for a Stethoscope. Courtesy of the United States Patent and Trademark Office. Public Domain Whether…
Lessons from Fouche: The Actions of Judges in Democracies – Part 2
Should judges make political decisions? High court judges, unlike most politicians, are appointed, not elected. This helps remove the threat…
Reflections and Analysis in Law, Policy and Medicine 