A Trip to Inequity: How the TRIPS Agreement Hinders Access to Needed COVID-19 Therapeutics
Ruchita Jain The COVID-19 pandemic continues to rage on in much of the world, severely affecting the health of millions. But citizens of high-income nations have accepted the pandemic to be over. The key to ending the pandemic globally across all nations is equal and efficient access to necessary COVID-19 therapeutics, including vaccines. This Article argues that least developed nations and their access to COVID-19 therapeutics, including vaccines, is negatively impacted by the TRIPS Agreement. International human rights law and the TRIPS Agreement remain incompatible, leading to disproportionate access of necessary therapeutics as systemic racism is perpetuated. Along with considering...
Crime and Punishment: Holding Russia Accountable for Weakening Foreign Entities’ Intellectual Property Rights
Eliot Usherenko The Russian government has deliberately weakened intellectual property right protections for entities from “unfriendly countries.” Following Moscow’s invasion of Ukraine and the subsequent imposition of economic sanctions by the United States and its allies, the Kremlin launched policies targeting Western businesses as they withdrew from the Russian market. This Article analyzes three potential recourses—bilateral, multilateral, and non-governmental—impacted corporations and individuals could execute to hold Russia accountable for its discriminatory treatment. This Article argues that corporations should form partnerships with their respective governments to promote intergovernmental dialogue through mechanisms such as treaties, as well as undertake litigation in Russia’s...
Health-Tech Apps: Unclear Regulations and Their Effects on Progress
Emily Dieli The increased emphasis on creating a more streamlined healthcare system in the United States has led to a rise in digital health-tech apps and devices. To protect the privacy of personal health data on these technologies, policymakers have turned towards regulation. The Federal Trade Commission’s (FTC) recent statement on the Health Breach Notification (HBN) Rule has extended the scope of the 2009 regulation to include previously unregulated health-tech entities. Nevertheless, the statement is vague and will have a negative impact on health-tech innovation. Policymakers should consider the implications of their regulations on health-tech progress before making such hasty...
Through the Spying-Glass: Data Privacy Concerns Regarding Mobile Spyware Apps
Payton P. Reisinger Spyware app surveillance technologies are rising in popularity for both legitimate monitoring and also to illegally spy on unsuspecting victims. In 2021, the Federal Trade Commission (FTC) issued its first ban of a spyware app, SpyFone, due to deceptive and unfair trade practices and lack of data security provisions. Some call for specific legislation to curb the effects of growing spyware apps, but opponents of regulation claim that legislative efforts will be too restrictive on growing technological industries or the legitimate uses of spyware apps. This Essay agrees with the policy rationale for implementing spyware legislation and...
The Intersection of Product Liability Law and the Internet of Things
Lucas M. Amodio Every year, an increasing number of Internet of Things devices are released. These devices can make our lives easier, but they also make our data, and potentially ourselves, more vulnerable to hackers. The question is no longer theoretical, as many of these devices can have a real impact on the world around them, like a networked sprinkler system that, if hacked, could flood a target’s basement. Going forward, we can look to the current law of product liability and the Federal Trade Commission to protect individuals from harm and loss when these devices might be compromised. Read...
Resolving US-China IP Disputes Through the WTO: A Legal Alternative to Unilateral Sanctions
Stephen Garvey This article examines the United States’ ongoing trade dispute with China regarding Chinese abuses of American intellectual property rights. The U.S. has filed both a complaint against China before the WTO for violation of the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”), and simultaneously imposed a series of unilateral sanctions on Chinese goods, in violation of the WTO Marrakesh Agreement. Imposing illegal sanctions while seeking redress from the WTO undermines the legitimacy of the U.S.’ claims and has provoked retaliatory tariffs. As the TRIPS agreement comprehensively covers the dispute in question, the U.S. should scale...
The Defend Trade Secrets Act: Arrival of the Trade Secret Trolls?
Stephen Anderson A new bill that is currently facing Congress, the Defend Trade Secrets Act, is aimed at creating a federal private cause of action under the Economic Espionage Act of 1996 (EEA). It is a bill that will, if passed, expand the EEA to provide federal jurisdiction for the theft of trade secrets. There is no question as to the degree of importance the protection of trade secrets is to United States businesses and society at large. The question is whether the well-intentioned DTSA will actually do more harm than good. There are a substantial number of legal professionals...