Top Tweets for #IProundtable
another fantastic @unhlaw #IProundtable in the books! loved engaging with this crew on their projects & mine
also want to note the majority of us masked throughout & just removed for the photo opp π₯°
closing out #IProundtable: @Writerinlaw on trademarks on creative works! πΏπ
is there something different about creative works (the things themselves or intangible work of authorship embodied in objects) that might justify different treatment in trademark law?
tim hsieh of @oculaw at @unhlaw #IProundtable is presenting "a comprehensive proposal for a unified federal patent district court"
TRIPS agreement article 29 requires only sufficient disclosure to carry out the invention, not the best mode, optimal use, or know-how discovered after the patent filing.
so how to enhance legal access to undisclosed know-how?
-xiang #IProundtable
know-how disclosed in patents & copyrighted materials may not be sufficient to produce the corresponding goods or services a) commercially, b) in the most efficient way, & 3) w/ the proper quality & safety measures
-xiang #IProundtable
joy xiang of peking university kicks off @unhlaw #IProundtable day 2 with "access to undisclosed know-how"
harsh but hilarious #IProundtable question: "is there a possibility your proposal would make things worse?" π
supreme court is explicitly interested in circuit splits
no interest in intra-circuit or inter-circuit conflicts, even though unresolved splits don't resolve on their own as scotus suggests they will
-vacca #IProundtable @unhlaw
cannabis plant patents seem to take far longer to prosecute than other types--why? do questions around legality slow the process down?
if you don't have a utility requirement, can you have moral utility doctrine?
@JocelynBosse #IProundtable
to get a plant patent, you need a plant. you need to scale the fence & climb the apple tree & get the branch. and you can't infringe a plant patent by growing your own--so there's no danger of infringement by indigenous groups.
@JocelynBosse #IProundtable
in initiating reexam proceedings over a plant patent for ayahuasca, objecting parties focused on novelty & obviousness but also raised ethical objections & painted inventor as misappropriator of cultural knowledge/biopiracy
@JocelynBosse #IProundtable
bosse found scientific views of plants held by botanists aren't always filtering down to patentees' and patent offices in their treatment of and assertions about covered IP
@JocelynBosse #IProundtable
cannabis plant patents show some confusion in identifying plants--categorized as cannabis sativa, cannabis indica, & cannabis ruderalis
but patents are at odds with botanists' fairly settled views about appropriate species for categorization
@JocelynBosse #IProundtable
stereotypes about plant patents: they're not seen as "as legal" or as valuable as other forms of IP
this is based on a misunderstanding of prosecution & role of botanical expertise that mostly comes into play before examination at the uspto
@JocelynBosse #IProundtable
excited to hear @JocelynBosse on "plants at the bar: a controversy in ayahuasca taxonomy" & the role of botanical expertise in decisionmaking
#IProundtable @unhlaw
an inventor, a songwriter, & a novelist walk into a bar: which one gets a longterm capital gain for selling IP rights & which doesn't?
why the inconsistency under tax law if they're all creating IP?
#lafrance #IProundtable
mary lafrance on the IP/tax disconnect: tax courts often lack the expertise to properly value & categorize IP & adjudicate issues related to IP & do so inconsistently.
@unhlaw #IProundtable
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