Quarterly Journal 46-1
In This Section
The AIPLA Quarterly Journal, a publication of the American Intellectual Property Law Association, is housed at the George Washington University Law School and is edited and managed by an Editorial Board of intellectual property experts and a staff of law students under the direction of the Editor-in-Chief, Professor Joan Schaffner.
Bruce Alexander McDonald, Vladislav Ugryumov and Denis Kolesnikov
Compulsory Licensing of Pharmaceutical Patents in the Russian Federation Threatens Foreign and Domestic Drug Developers
Foreign and domestic developers of innovative drugs in the Russian Federation are bracing for the impact of possible amendments to antimonopoly and pharmaceutical laws proposed by the Russian Federal Antimonopoly Service (FAS) that would sharply limit patent protection for pharmaceutical products and medical devices. Among them are provisions that would institutionalize compulsory licensing in the pharmaceutical sector as an asserted means of lowering the cost of drugs and medical devices to Russian consumers.
Today, newspapers across the world are struggling. The internet and online news brought about many problems for newspapers, including an unprofitable business model, an inattentive readership, and new competitors like news aggregators and social media sites. The unsustainability of newspapers is an issue fundamental to the state of our democracy.
This Note argues for an amendment to 35 U.S.C. § 251 — the Reissue Statute. Specifically, it proposes a change that would enable patent owners to cure defects in their patents for want of subject-matter eligibility. The Note explains that both
The Stakes Have Never Been Higher: Why States Should Adopt a Model State Intent-to-Use Trademark Registration System to Facilitate the National Expansion of the Marijuana Industry
Marijuana legalization is one of the hot-button issues being debated in the United States. While a majority of citizens support marijuana legalization, the drug remains an illegal substance under the Controlled Substance Act (CSA). The United States Patent and Trademark Office has also made clear that until marijuana is rescheduled under the CSA, it will not register trademarks for marijuana goods and services because of the lawful use in commerce requirement. Accordingly, states have become the primary avenue for
This Note argues states that have legalized medical marijuana should adopt a Model State Intent-to-Use Registration System (Model ITU System) to facilitate the expansion of the marijuana industry. A Model ITU System would provide marijuana business quasi-national trademark rights through the use of intent-to-use trademark applications and secure protection for their brand signals before making substantial investments toward expansion. Additionally, a Model ITU System would promote the policy of trademarks serving as source identifiers for goods and services.