Eighty Degrees in Boston, in April: A Problem Best Suited for Intellectual Property?
Alice Yoon Humanity is currently losing the fight against climate change. As temperatures continue to rise, immediate and affirmative action must be taken to reduce greenhouse gas emissions. The development and implementation of technology that can mitigate climate change, known as “green technology,” will be critical moving forward. A commonly proposed method for incentivizing the development of green technology is strengthening intellectual property rights for companies who develop such technology. Nevertheless, considering the recent harmful role intellectual property rights played during the COVID-19 pandemic, it is unclear whether emphasizing increased access to patent rights for green technology will actually lead...
The Secret Life of Platform Intellectual Property Adjudication
Shih-wei Chao An emerging trend in intellectual property law is e-commerce platforms adjudicating infringement disputes. When platforms receive right holder complaints and decide whether to remove product listings, suspend the seller, or destroy the infringing inventory—intentional or not—they are acting as “courts,” applying unique “laws” and granting platform-style “remedies.” To provide a peek into this nascent realm of intellectual property alternative dispute resolution, this article first compiles what is known about platforms’ adjudication mechanisms, from complaint to decision, from enforcement to “appeals,” covering both platforms’ basic complaint systems and Amazon’s UPNEP/APEX program. Normatively, however, there are concerns that platforms are...
Patent Law in Space
Marie Weisfeiler The potential for private technological expansion into space raises questions of how to protect intellectual property rights of inventions that are both brought into space and made in space. While there are international treaties governing space law, none of these treaties discuss how to designate or enforce patent rights in space. The International Space Station has implemented a solution of quasi-territoriality to establish patent rights. This essay suggests, however, that this solution will be deficient when private entities venture further into space exploration. This essay then explores the possibility of a universal approach to patent law in space...
Legislative and Non-Legislative Approaches to Deterring Product Counterfeiting
Alec Weinberg Product counterfeiting has been a fast-growing problem in the U.S. economy. As a solution, Congress enacted several statutes to deter illegal counterfeiting. Nevertheless, the effectiveness of Congress’ efforts is questionable. To strengthen the deterrence effect, legislators should consider amending current laws to punish consumers and implementing alternative measures such as track and trace technologies. This approach would better protect businesses and consumers by expanding oversight responsibilities, creating barriers against counterfeit products, and changing public perception of counterfeit goods. Read Full Text Here