The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address whether - and how - the TRIPS Agreement can, on the other hand, be read with more fluidity, and thus to allow adjustments in national intellectual property regimes...

In this editorial for the International Review of Intellectual Property and Competition Law, the EU's recent moves to specialize adjudication of patent disputes and to set up a standing tribunal for investor-state dispute settlement are examined from the standpoint of experience in the US with...

This chapter of Megaregulation Contested: Global Economic Ordering After TPP (Benedict Kingsbury, Richard Stewart, Paul Mertenskötter, and Thomas Streinz eds.) examines the impulse to include intellectual property within the scope of a megaregional trade agreement that is largely devoted to the...

The long-anticipated decision in Bilski v. Kappos was supposed to end uncertainty regarding the patentability of process claims (or, at the least, business method claims). Instead, the opinion featured a series of anomalies: The Court emphasized strict construction of the Patent Act, but...

The chapter “Jurisdiction” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides where international intellectual property claims can be brought to court. It defines the basic forum at the defendant's...

Many countries have responded (or have considered responding) to the COVID pandemic by modifying their intellectual property laws to ensure the availability of vaccines, medicines, diagnostics, and related information. Some have asked the World Trade Organization (WTO) for a waiver to excuse any...