|
 |
PUBLICATIONS
| Cite as: J. High Tech. L. |
| Alexander Adam |
| Adam examines to what extent the current intellectual property rights framework imposed by the World Trade Organization (WTO) acts as a barrier to transfer of environmentally sound technology (EST) to developing countries. The recent decision by the United Nation Framework Convention on Climate Change (UNFCCC), the Bali Action Plan, calls for enhanced action on technology transfer and development, including scaling up transfer of technology to developing countries to promote access to EST. Among legal scholars, strong intellectual property rights protection and proprietary licensing have been criticized as impeding access to renewable energy technology. Adam explores the following legal issues arising from the UNFCCC mandate to transfer EST to developing countries: (1) the effect of the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) on the transfer of EST, and (2) whether developing countries may use TRIPS provisions, such as compulsory licensing, to achieve transfer of EST at economically favorable terms. |
|
| Emily Cunningham |
| Cunningham examines the state of intellectual property laws with respect to a restaurant’s recipes and cuisine. She discusses the emergence of avant-garde “techno-cooking” and increased calls for enhanced legal protections for culinary creations. Cunningham looks at the history and nature of the culinary industry in conjunction with the underlying purposes, policies, and rules of copyright, trademark, trade dress, and patent laws. Ultimately, Cunningham addresses the implications of expanding intellectual property laws too far into the culinary industry. |
|
| Erin Bryan |
| Bryan examines the extent of patent protection that is granted to human genes in the United States (US), European Union (EU), and Germany. The US provides patent protection for purified DNA sequences that code for a specific human gene. The EU has similar patent protection as the US for DNA sequences requiring the sequence to be purified and to code for a specific human gene. Germany utilizes a more restrictive protection system for DNA sequences than either the US or the EU, requiring purified DNA sequences and granting exclusive protection for each definite function identified of the DNA sequences. Bryan explores the differences between these levels of protection and argues that the German system provides more effective patent protection for DNA sequences identifying human genes. |
|
| Nicole Hostettler |
| The Internet defamation laws of the United States aim at preserving and protecting the idealized notions of freedom of speech and the free marketplace of ideas. Conversely, the Internet defamation laws of China aim at protecting an individual’s right to his reputation and the respect of his peers. These two legitimate ideals and social goals are in conflict. With China quickly rising as a global power and global communication increasing via the Internet, the once blindly accepted American ideals for Internet speech are being challenged. These concepts are exemplified by the disturbing conflict over lead paint found in Mattel toys, which caused an uproar on both continents resulting in angry message boards, furious government officials, and even the suicide of one man. |
|
 |
|
