Publications and Announcements

Facilitating Access of Aids Drugs While Maintaining Strong Patent Protection

Patents & Technology

By: Dana Ziker The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States’ scheme of strong patent protection for pharmaceutical products withstand the increased attention? Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0042

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Policing Online Pharmacies: Bioterrorism Meets the War on Drugs

CyberCrime

By: Mark Sweet In light of the recent terrorists attacks and the increasing threat of bioterrorism, many U.S. citizens have turned to the Internet in an attempt to gather the supplies needed to protect them and their loved ones. Central to the effort is the increased purchasing of prescription drugs over the Internet. This iBrief explores the benefits and risks to consumers from buying drugs online, and examines recent initiatives to police the online pharmacy industry. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0041

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Cybernetic Implications for the U.C.C.

Patents & Technology

By: Stephen Dirksen & Kyle Grimshaw In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system’s filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0040

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MusicNet & PressPlay: To Trust or Antitrust?

Copyrights & Trademarks

By: Kelly Donohue Efforts by leading record labels to fill the void they created by shutting down Napster led several to develop their own subscription online music service. The author of the following iBrief assesses the viability of those services in light of a Justice Department antitrust investigation into the practices of the labels in allegedly quashing smaller distributors and colluding to stifle competition, and considers the ramifications of an antitrust suit for both the major labels and their competitors. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0039

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Enhanced 911 Technology and Privacy Concerns: How Has the Balance Changed Since September 11?

Media & Communications

By: Aaron Futch & Christine Soares E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0038

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Egregious Error or Admirable Advance: The Memorandum of Understanding That Enables Federally Funded Basic Human Embryonic Stem Cell Research

Health & Biotechnology

By: Amy Ligler Nothing contained herein shall be considered to be the grant of a commercial license or right under the Wisconsin Patent Rights or to Wisconsin Materials. Furthermore, nothing contained herein shall be construed to be a waiver of WiCell’s patent rights under the Wisconsin Patent Rights or WiCell’s property rights in Wisconsin Materials. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0037

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Liberty for Security

CyberCrime

By: Morgan Streetman On 11 September 2001, we collectively endured the worst tragedy to touch American soil since the Civil War. In the wake of this horrible event, a national hysteria erupted. People are anxious to restore the lost security; but at what cost? Many Americans seem not to care about the costs, and national polls show that now, more than ever, Americans are willing to trade their precious civil liberties in an attempt to restore security. As the ACLU has stated these are difficult days. Not only are they difficult, they will define the future of America. This iBrief explores the reactions of the American government to this tragedy and the effect these reactions will have on the freedom of all Americans. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0036

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A Victory for the Student Researcher: Chou v. University of Chicago

Patents & Technology

By: Kyle Grimshaw For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0035

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The Internet Opens Its Doors for .BIZ-ness

eCommerce

By: Corey Ciocchetti Starting on October 1, 2001, .BIZ will become active as the Internet’s newest top-level domain; its space reserved solely for businesses engaging in “bona fide” commercial activities. This space has the potential to reinvigorate, at least partly, the immense economic potential of the Internet by stimulating a multitude of e-commerce transactions so common only a few years ago. This iBreif explores the history of how and why this new top-level domain came into being. Following this history lies a discussion of the current .BIZ registration process as well as an analysis of the corresponding Intellectual Property Claims system. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0034

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Hard Lessons: Guiding America’s Approach to Third Generation Wireless Policy

Media & Communications

By: Aaron Futch The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0033

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