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Hardbound - New, hardbound print book.

This book is part of the Global Issues Series. Each book in this series contains materials designed to facilitate the introduction of international, transnational and comparative law issues into basic law school courses. The goal of this series is to ensure that all law school graduates have sufficient familiarity with the growing impact of non-domestic sources of law, and the growing potential for transnational legal transactions and disputes, to function in an era of increasing globalization. In addition, introduction of international, transnational and comparative law materials can enhance the students' understanding of domestic law. The philosophy behind this series may be best summarized by Justice Stephen G. Breyer's statement that "This world we live in is a world where it is out of date to teach foreign law in a course called Foreign Law." Book jacket.

This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offers the systematic approach to problem solving found in this book combined with concise analytical summaries of the leading issues in tort law.

This paper was drafted for a conference on Trademark Dilution held at Santa Clara Law School. It is a small part of a larger project on intellectual property as competition policy. The author argues that intellectual property law, instead of being in opposition to competition, regulates the competitive process. The author identifies four competition norms that inform intellectual property policy and analyzes how these norms can be identified in trademark dilution actions. The four norms are: (1) first mover norms, (2) controlled entry norms, (3) consumer centered norms, and (4) wealth maximization norms. Trademark law is guided by a balance of the first and third norms. The author argues that modern dilution law has favored the first norm over the third, upsetting the traditional balance in trademark law. The paper concludes with a discussion of the current case law and highlights how the balance can be restored.

The exhaustion doctrine is a corner stone of intellectual property law, its importance demonstrated by several recent United States Supreme Court decisions on the topic over the past several years, including the controversial Kirtsaeng opinion from 2013. This research paper, commissioned by the International Center for Trade and Sustainable Development (ICTSD) in 2013, analyzes the major policy debates over the exhaustion doctrine and presents a comparison of the doctrine's implementation in the United States, European Union, Canada, India, China, and Brazil. The major conclusion is that the exhaustion doctrine can serve as a policy tool for development and the promotion of international trade and innovation. But the paper also warns of the limitations of the exhaustion doctrine as a means of promoting access to new technologies.

Softbound - New, softbound print book.

This paper introduces the concept of race specific patents through an archival analysis of published patents which are interpreted textually and through the lens of intellectual property policy. Race specific patents are patents for inventions that are aimed at racially or ethnically defined markets. The paper documents these patents, categorizes them, and uses the tools of economic and critical theory to understand them from the perspective of intellectual property policy.

Patent law is often understood through the fiction of social contract. The author argues that this fiction does not offer an adequate economic or political theory of patent law, that is, one that will explain the unique relationship between government and property that patents entail. As an alternative to social contract theory, a regulatory theory of patent law is developed based on the assurance game taken from game theory. The assurance game is used to show how patent law serves to regulate the invention process and the market for innovative products.

Drawing on Amartya Sen's discussion of The Bhagavad Gita and Hindu concepts of justice (niti and nyaya), this paper examines ethical issues related to the construction of intellectual property policy. The author analyzes deontic, or duty based, and consequentialist theories of law within the context of the debate between Arjuna and Krishna in The Gita. With respect to intellectual property, the author proposes a consequentialist theory of intellectual property based on the duties owed by an owner to other persons. This ethical theory is illustrated through the legal treatment of patents on medical diagnostics (Prometheus v Mayo) as well as on through the doctrines of fair use and first sale. This paper was prepared for a symposium on IP & Religious Thought at University of St Thomas Law School (Minnesota), held April 5, 2013.