Documents from the Constitutional Congress and the Constitutional Convention, The Continental Congress Broadside Collection titles and the Constitutional Convention Broadside Collection 21 titles contain documents relating to the work of Congress and the drafting and ratification of the Constitution. Items include extracts of the journals of Congress, resolutions, proclamations, committee reports, treaties, and early printed versions of the United States Constitution and the Declaration of Independence. Most Broadsides are one page in length, others range from 1 to 28 pages. Congressional Documents and Debates This site consists of a linked set of published congressional records of the United States of America from the Continental Congress through the 43rd Congress,
Tuesday, January 9th at 9: What is the case about? In short, parallel importation. The below is an attempt to explain the underlying issues—in less than four pages.
The owner or exclusive licensee of the right in both territories may or may not be the same.
The price at which the good is sold is often different reflecting market conditions thus creating an arbitrage incentive for export to a higher priced market.
This is known as price discrimination. There is a relationship between the legal concept of parallel importing and exhaustion of rights at domestic law.
When IP is embodied in a physical product, the sale of that product transfers ownership rights in the product, but not the underlying IP.
For example, the person who purchases a copy of a copyright book cannot make and sell new copies of the book. This means that that copy of the book can be resold or otherwise treated as the property of the purchaser.
If a country or trade territory allows the importation of a copy sold in another country or trade territory, then it is said to allow parallel importing. Exhaustion can be national, regional or international.
In a national exhaustion regime, only rights in goods put on the market in that country are exhausted by a sale.
In a regional exhaustion scenario, exhaustion applies to all countries in the region, as happens to most intellectual property rights in goods sold in the European Union. In the case of international exhaustion, goods sold anywhere the world can, subject to the more detailed explanation below, exhaust the right of the IP owner.
Then each country can also make different rulers on whether to allow parallel imports for different types of IP rights. Australia and New Zealand, for example, allow parallel imports of goods protected by trademarks and copyright but not patents.
Parallel imports and the different IP rights As noted above, the Supreme Court of the United States has now made it clear that US law allows parallel imports of goods protected by patents Lexmark. It did the same in for copyrighted goods in Kirtsaeng v. This answers some questions for the US market but raises others.
For trademarks the rule was already that goods cannot be parallel imported under their US trademark if they are physically and materially different than the authorized goods sold in the U.
Let us consider the differences among different IP rights. Patents must be applied for country by country. In some cases for example many European countriesa single patent application can cover several countries.
Each patent granted is independent which means that if a patent challenged by an alleged infringer is found to be invalid by courts on one country a similar patent in a different country remains valid.
There are rules in the TRIPS Agreement about patentability but countries retain a large measure of flexibility to define and apply patentability criteria. This means that the scope of a patent can vary by jurisdictions as each patent office can ask the patent applicant to revise the scope of the claimed invention.
Then it is expensive to apply for a patent and inventors rarely if ever try to get an invention patented in every possible country. This means that many inventions are only protected in a few countries. Major multinational inventors that rely heavily on patents like pharmaceutical companies, often patent a new pharmaceutical in most significant potential markets, but not everywhere.
Copyright, which protects books, music, film, software, pictures, art and many other forms of literary and artistic creations, can be obtained without formalities. Even in the US copyright registration is not fully mandatory.
The protection of new original works is automatically available around the world to approximately countries.The board of trustees of both the University of Illinois at Chicago and The John Marshall Law School have voted to create UIC John Marshall Law School—Chicago’s first and only public law school.
"The decision to create a public law school marks a historic day for higher education in Chicago," said Michael Amiridis, UIC Chancellor. Columbia Law Professors Write Three of Top 10 Corporate and Securities Articles By Reynolds Holding April 23, by renholding Zohar Goshen, Kathryn Judge, and Eric Talley were among the authors of three of the 10 best corporate and securities articles last year, the Corporate Practice Commentator has announced.
Recent events on this continent make it seem appropriate once more to discuss the much – debated question of the relation between international law and municipal law. It's not uncommon for appellate lawyers to ask law professors to write amicus briefs in their cases.
I get enough of these requests that I thought I would blog on some "do's" and "don'ts." My.
How much does it cost to attend BSL? (updated 9/9/17) Beginning January 8th, , the number of courses needed to earn a degree will decrease from 33 to 31 (plus Lawyering Fundamentals). A group of judges, former judges and government officials, law professors and economists with expertise in antitrust law and patent law sent a letter to Assistant Attorney General Makan Delrahim earlier today applauding his recent announcements that the Antitrust Division of the Department of.