Volume 20

The Patent Option

There is a shift in the shape of intellectual property tools used to strengthen and lengthen the right of pharmaceutical companies to exclude others from making and marketing their products. Patents have traditionally been the tool of choice. Over the past two decades, however, pharmaceutical companies have increased their degree of reliance on a right

How Neuroscience is Changing Our Understanding of Brain Injury, Vegetative States and the Law

The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills.

La Crypto Nostra: How Organized Crime Thrives in the Era of Cryptocurrency

The advent of Bitcoin and other forms of cryptocurrency has left a permanent mark on the world as we know it, regardless of what percentage of the populace will ever touch or comprehend cryptocurrency in its lifetime. Thanks to the advent of blockchain technology, cryptocurrency has given rise to expedited international exchanges, increased protection of

Parametric Payouts and Environmental Conservation: How a Tech-Based Insurance Policy Could Pave the Way for Economically Viable Conservation Efforts

This year, the state government of Quintana Roo, Mexico, the Nature Conservancy, and the reinsurance company, Swiss Re, created the first parametric insurance policy to be taken out on a natural resource; the Mesoamerican Reef. This innovative policy creates a technology-based approach to establishing economically viable environmental conservation by assigning a quantitative value to a

From Arcades to Online: Updating Copyright to Accommodate Video Game Streaming

Author: Nicholas Robinson Cite: Nicholas Robinson, From Arcades to Online: Updating Copyright to Accommodate Video Game Streaming, 20 N.C. J.L. & Tech. 286 (2018), http://ncjolt.org/wp-content/uploads/2018/12/RobinsonFinal.pdf. PDF: http://ncjolt.org/wp-content/uploads/2018/12/RobinsonFinal.pdf Volume: Volume 20, Issue 2

Subject Matter Eligibility and Functional Claiming in Software Patents

Subject matter eligibility and functional claiming are considered separate doctrines in patent law. Conceptually, subject matter eligibility relates to the types of ideas that can be patented, whereas limits on functional claiming constrain how patentees can claim their inventions. In practice, however, patents that recite functional claims are also more likely to be invalidated for

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