Application of the Lanham Act to extraterritorial activities: trend toward universality or imperialism?

Article Abstract:

US Courts have been quick to rule on trademark cases that involve international parties or activities based on subject matter jurisdiction without considering choice of law and foreign relations issues. The extraterritorial application of US trademark laws harms certainty of businesses, increases the likelihood of contrary foreign laws and may impair international relations. To better respect the potentially distinct trademark systems of other nations, US courts should apply choice of law principles similar to those used in state and common law cases.

Laws, regulations and rules, Trademarks, Exterritoriality, Extraterritoriality, international

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The role of history in comparative patent law

Article Abstract:

The development of patent law over the last five centuries in civil and common law countries of Europe centered around statutes, not case law, that were enacted as economic policy to protect and nurture inventions. The public policy interests that patent law served included protecting and promoting local industries. Patents began as privileges granted by the government of particular jurisdictions and only later became property rights as they are now. Economic and public policy continues to be central to understanding patent law in the US and Europe.

United Kingdom, Interpretation and construction, History, Patent law, Comparative law, civil law countries

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The EPO's omen of Mobil

Article Abstract:

Harmonization of patent laws between the US and the European Community has been threatened by recent decisions of the European Patent Office's Enlarged Technical Board of Appeals. This is illustrated by the 1990 decision of Mobil, which made use of a differing concept of anticipation. The US will have to give a broad interpretation of novelty to accommodate harmonization.

Cases, European Patent Office, Prior art (Patent law)

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