Intellectual Property

“TRIP-ing” Backward: Why a Waiver of IP Protections Will Not Help in the Fight Against COVID-19

By: Benjamin Suslavich

One year ago, the Wake Forest Journal of Business & Intellectual Property Law addressed the prospect of compulsory licensing under the Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement“). The TRIPS Agreement is an international treaty that came into effect in 1995 and sets out minimum standards of intellectual property (“IP”) protection each signatory country must uphold. Continue reading »

Patents & Politics Don’t Mix: Why the Supreme Court’s Decision in Arthrex Fails to Fix an Underlying Problem

By: Benjamin Suslavich

In a split 5-4 decision in Arthrex Inc. v. Smith & Nephew, Inc, the Supreme Court determined that the structure of Administrative Patent Judge (“APJs”) appointments—or lack thereof—was unconstitutional and took it upon itself to restructure the Patent Office’s chain of command. This case is another example of the Court striving to preserve the inter partes review (IPR) system, which allows anyone to file a petition requesting that the Patent Office cancel another’s patent. Continue reading »

Mandatory Patent Waivers: A Debate Gone Viral

By: Carli Berasi

Vaccine

A conversation regarding patent rights has entered the international pharmaceutical stage as the World Trade Organization has debated requiring a temporary waiver of patent protections granted to companies for their COVID-19 vaccines. Continue reading »

When Theft Gets Political: Addressing China’s Corrupt IP Practices

By: Mona Ibadi

Blog #2 Photo

The United States spends billions of dollars making revolutionary strides in technological research every year. Businesses, big and small, are expending resources to provide up-to-date, innovative products to effectively compete in the market. Although technological development is rapidly growing, the concern for intellectual property theft remains an issue. Despite a lack of public concern, economic espionage from America’s leading culprit – the Chinese government – has increased by 1,300% in the past decade. Continue reading »

The Washington NFL Team’s Newest Opponent: The “Trademark Hog”

By: Kyle Tatich

Washington_Football_Team_logo (1)

Inspired by the 2014 South Park episode regarding the Washington Redskins and its trademark controversy, Virginia’s Philip Martin McCaulay began filing applications with the United States Patent and Trademark Office (“USPTO”), hopeful for a potential payday if a name change became necessary for the NFL’s franchise in Washington, D.C. That day came in July 2020, following a wave of anti-racist protests sparked by the death of George Floyd on May 25. The July announcement that Pro Football Inc. and majority owner Dan Snyder would move on from the 86-year-old nickname of “Redskins” launched McCaulay and his many trademark applications and registrations into the national spotlight.

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The Legal Implications of 3D Printing in the Fight Against COVID-19

By: Alyssa Valdes

3D Print of a SARS-CoV-2

3D print of a SARS-CoV-2 virus particle

 

In the midst of the COVID-19 pandemic, medical equipment and other essentials have run out of supply, paving the way for 3D printing to alleviate these supply shortages. The increased need for certain products, such as masks, face shields, and ventilator valves, has led to a gap in supply and demand. Owners of 3D printing technology have stepped in to produce more of these products and prevent further spread of COVID-19, but their acts of kindness come with some potential risks.

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COVID-19, Compulsory Licensing, and the Battle Between Health and Economy

By: John Stevelinck, Jr.

pixabay.com

At present, there have been over 2.5 million confirmed cases of COVID-19 and over 100,000 COVID-19 related deaths in the United States. As a result, efforts to develop a vaccine are in full swing, placing the U.S. Government in a unique situation when it comes to patent rights.

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Who’s Afraid of TikTok?

By: Hannah Weiss

TikTok

TikTok.com

 

US officials are conducting a national security review of TikTok, a popular app that allows users to share short videos and video clips.  This is part of a growing trend of high-profile transactions being reviewed for national security conflicts as foreign companies seeking to invest in the United States are facing increasing scrutiny.   Evincing this, in 2018, President Trump signed off on the Foreign Investment Risk Review Modernization Act (FIRRMA). Continue reading »