Defining The Limits of the EU Essential Facilities Doctrine on Intellectual Property Rights: The Primacy of Securing Optimal Innovation

The recent European Commission decision in the Microsoft case, imposing remedies and a fine of EUR 497.2 million on the computer giant, has done much to refocus attention on the essential facilities [...]

Ambush Marketing: The Off-Field Competition at the Olympic Games

Athletes from around the world gathered in Athens for the 2004 Olympic Games. And while the athletes prepared for the competition of the Games, corporations prepared for the intense marketing blitz that accompanied the [...]



On the Causes of Unpredictability of Federal Circuit Decisions in Patent Cases

In the realm of human dispute resolution, including the small segment thereof occupied by judicial decisions in lawsuits, a number of benefits come from being able to predict how courts will [...]

Trademarks Or Copyrights: Which Intellectual Property Right Affords Its Owner The Greatest Protection Of Architectural Ingenuity?

Imagine you are a design professional who has been commissioned to design “the” signature architectural masterpiece that will define your career and [...]

The End of Federalism in Telecommunication Regulations?

For most of the last century, only a few questioned the sacrosanct and sovereign role of states in telecommunications [...]



Intellectual Property and Genetically Modified Seeds: The United States, Trade, and the Developing World

The United States’ policy on intellectual property (“IP”) rights for the life sciences grants broad patent rights to private [...]