By Andrew G. Haberman

In 2005, the owner of patents for a method of enabling users to receive e-mail over a wireless network sued a competitor for infringement.Patent protection for the method derived from a conglomerate of patents in multiple nations, but the owner sued in the United States. Despite the fact…

By Matilda Bilstein
South Africa faces many challenges in the areas of copyright protection and enforcement, especially in combating movie piracy. According to the International Intellectual Property Alliance (“IIPA”), South Africa fails to reach the mandated levels of copyright protection under the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”) of the Uruguay Round of the General Agreement on Tariffs and Trade (“GATT”), especially regarding enforcement. South Africa is a lucrative market for counterfeit goods due to several key factors: its relatively high per-capita GDP compared to other countries in the region; its high levels of imported western media, technology, and lifestyles; its under-resourced law enforcement agencies; and its high unemployment rate. In 2006, pirated movie sales accounted for 60% percent of South Africa’s DVD market. This cost the South African film industry an annual R500 million, approximately $65 million. The South African film industry loses…

By Brett Havranek[1]
The Hatch-Waxman Amendments created a three-way intersection between pharmaceutical, intellectual property, and antitrust law, but there is no stop sign, and collisions are common.  The laws governing generic drug approval incentivize the filing …

This article examines the Google Book Search Settlement and explores what could have happened if Google selected not to settle. After explaining the settlement, the article explores what affects a “positive legal precedent” on the Internet could have on copyright law. After exploring the affects of a positive legal precedent, the article questions the possibility of such precedent. Comparing cases in the Ninth Circuit with similar fact patterns to cases in the Second Circuit, the article concludes that it is likely that Google would not have prevailed in the litigation. Thus, the article ultimately concludes that despite the potential for a positive legal precedent, after doing a cost-benefit analysis, Google made the right decision to settle the case.

One of the most concerning areas of recent patent enforcement is a life or death matter for thousands of people around the world. Restricted access to vital medicines in developing countries is one of the most controversial international intellectual property issues today. There is a new international treaty called the Anti-Counterfeiting Trade Agreement (ACTA) being negotiated among developed countries, and it is expected to bring a huge impact on access to medicine in developing countries.

This article proposes what ACTA should include in order to protect access to medicine in developing countries. It discusses the need to allow broader compulsory licensing of pharmaceutical patents to encourage increased production of generic drugs and bring down the overall prices of essential medicine in developing countries. It also examines the need to regulate counterfeit drugs in order to promote research and development from pharmaceutical companies, while correctly distinguishing generic drugs from counterfeit drugs. Lastly, this article concludes by suggesting the need for a provision in ACTA that recognizes the importance of access to medicine provisions in multinational treaties over the regional and bilateral agreements.

By Won Hee Elaine Lee[1]
Globalization and the proliferation of Internet use have diluted the concept of national boundaries.  Consequently, it is increasingly difficult for brand owners to enforce and protect their trademarks on the Internet, …