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.
AIPLA CLE Webinar: Damages 2023 Year-in-Review: Lessons and Litigation Strategies
March 12, 2024 2:00 PM to 3:30 PM | Up to 90 Mins CLEThis year’s panel of experts will leverage decades of deep litigation experience in patent- and other IP-related matters to provide webinar attendees with additional insight on recent cases from the perspectives of private practice litigators and testifying experts. In a conversational format, our panel will address issues of high importance from 2023’s most interesting IP damages cases. Among other topics, our panel will discuss recent developments in admissibility, apportionment, reliance on technical expert opinions, post-trial royalties, trade secret damages, and copyright statutory damages.
2024 Trade Secret Summit
March 14 to 15, 2024Registration is now Open! Please join the AIPLA Trade Secret Committee for the 2024 Trade Secret Summit, which is being held March 14-15, 2024 in Santa Clara, California. The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities. Registration is now open!
2024 Advanced Chemical Patent Practice Institute
May 14 to 15, 2024This advanced course offers how the chemical/pharma patent practitioners can use fundamentally sound but oft overlooked principles to prepare and prosecute a United States chemical/pharma patent application to withstand both PTAB and district court challenges. The principles taught will greatly help those advanced chemical/pharma patent practitioners involved with prelitigation, portfolio management, litigation, Orange Book listings, Purple Book/BCPIA, regulatory practice, due diligence, health checks, and analysis of third-party patents for validity/patentability, infringement, and enforceability issues, as well as for preparing IPR and/or PGR petitions and defending the patent against them.
AIPLA 2024 Spring Meeting
May 16 to 18, 2024Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2024 Spring meeting will take place in downtown Austin, at the Hilton Austin. Leadership Meetings on Wednesday, May 15. Programming scheduled May 16-18.
AIPLA 2024 Annual Meeting
October 24 to 26, 2024Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2024 Annual meeting will take place at the Gaylord National Harbor Resort. Leadership Meetings on Wednesday, October 23. Programming scheduled October 24-26.