New Issue of Marquette Intellectual Property Law Review Is Here

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Category: Intellectual Property Law, Legal Scholarship, Marquette Law School
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On behalf of the staff of the Marquette Intellectual Property Law Review, I am pleased to announce the arrival of the first issue of volume fourteen, available now in print and online.

This issue highlights the work of several scholars.  Dr. Dana Beldiman, a partner with the law firm of Carroll, Burdick & McDonough LLP in San Francisco, examines of the concept of originality within the context of the “knowledge based economy” in her article, “Utilitarian Information Works — Is Originality the Proper Lens?” 

Jay Dratler, Jr., Goodyear Professor of Intellectual Property at the University of Akron School of Law, offers an insightful revision of patent law in “Fixing Our Broken Patent System.” In this article, Professor Dratler incorporates never-before-codified principles of judge-made law into an improved statutory scheme that recognizes invention as a commercial and economic process, discourages patents on abstract research, and places the focus of patent law on practical economic and commercial criteria.

This issue also continues our Emerging Scholars Series with an article by César Ramirez-Montes, intellectual property lecturer at the University of Leeds, U.K. 

In his article, “A Re-Examination of the Original Foundations of Anglo-American Trademark Law,” Dr. Ramirez-Montes critiques the view among prominent scholars that trademark law originally developed to the exclusive benefit of trademark owners. Rather, Ramirez-Montes argues through a thorough historical analysis that trademark law has in fact never served the specific interests of trademark owners, but has also always considered consumers.

The issue also features the work of three of our very best Marquette Law School student scholars: Laura J. Grebe, who examines potential legislation to increase the availability of generic drugs in “Generic Entry In a Rough Economy — Proposed Legislation May Ease Health Care Costs”; Rachel L. Stroude, who critiques judicial treatment of fan fiction works in “Complimentary Creation: Protecting Fan Fiction as Fair Use”; and Allison N. Ziegler, who offers a comparative analysis of French and American courts’ findings of online auctioneers’ liability in “Online Auction House Liability for the Sale of Trademark Infringing Products.”

Thank you to the Board and Staff of the IPLR for such a wonderful contribution to the academic literature in this important field of the law.

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