Review of Intellectual Property Law Blog

The Latest from UIC RIPL: Vol. 20.1 Publication, RIPL Ranked 3rd in the World, and JITPL Merger!

By Staff on Friday, November 20th, 2020
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Dear Readers,

The UIC Review of Intellectual Property Law (“RIPL”) is pleased to announce the publication of Volume 20, Issue 1! This issue features three scholarly articles from Professor Ping-Hsun Chen, Shannon Price, and Zachary Shufro, as well as one student comment from RIPL Staff Editor Emily Ruzevich.

We are also excited to announce that RIPL has merged with the UIC John Marshall Journal of Information Technology and Privacy Law (“JITPL”)! Since 1978, JITPL has been a pioneer in providing poignant, novel, and cutting-edge legal analysis and insight in the areas of information technology and privacy law. We are thrilled to build on JITPL’s legacy and house its archive of articles and comments spanning over 40 years. The RIPL name will stay the same, but RIPL will now publish scholarly articles and student comments covering information technology, cybersecurity, and privacy law topics, on top of intellectual property law topics. We are excited to expand our reach and provide inventive and innovative legal insight in a wider variety of topics, all while maintaining our unparalleled commitment to intellectual property.

Additionally, the Law Library at the Washington and Lee School of Law ranked RIPL third in the world in its 2019 rankings for intellectual property law journals! We are humbled and extremely honored to receive this designation. We want to acknowledge and express our gratitude to the 2019-2020 RIPL executive board, staff editors, and faculty advisors for their hard work in guiding RIPL through 2019 and the first half of 2020. They truly set the stage for RIPL to receive this recognition. It is now our mission to press forward and build upon this accomplishment by continuing to improve our journal and set the standard for what it means to be an intellectual property and technology law journal in the twenty-first century.

The first featured scholarly article, Nonobviousness Standard for Promoting Ongoing Drug Discovery: A Lesson from Sanofi-Aventis U.S., LLC v. Dr. Reddy’s Laboratories, Inc. by Professor Ping-Hsun Chen, explores the recent Sanofi-Aventis U.S., v. Dr. Reddy’s Laboratories, Inc. decision and focuses on the issue of nonobviousness under 35 U.S.C. § 103. Professor Chen argues that the Federal Circuit’s analysis for determining whether a pharmaceutical compound is obvious in view of a lead compound and other prior art references follows Supreme Court principles and benefits ongoing drug development.

The second featured scholarly article, Living Heritage, Stolen Meaning: Protecting Intangible Native American Cultural Resources Through the Right of Publicity by Shannon Price, explores how the current American Intellectual Property regime is insufficient in protecting Native American cultural traditions and artifacts from mainstream commercial exploitation and appropriation. Ms. Price argues that the right of publicity could be the proper avenue in providing a legal remedy for Native communities where none currently exists.

The third featured scholarly article, What’s in a Name? Curver Luxembourg and Its Implications for Design Patents by Zachary Shufro, examines the impact of the Federal Circuit’s decision in Curver Luxembourg, Sarl. Specifically, Mr. Shufro explores the decision’s implications for design patent law, industry reactions to the decision, and the now increased importance of patent titles and the decision’s impact on the scope of prior art.

The featured student comment, Friend or Foe: Amazon and the Role it Plays in the Fight Against Copyright Infringement by RIPL Staff Editor Emily Ruzevich, analyzes the efficacy of the DMCA in the context of the rampant copyright infringement of books that transpires on Amazon’s platform. Emily posits that the DMCA is insufficient to address the rapid growth of online content providers and calls for a long-awaited revamp of the DMCA.

We are beyond excited to welcome you to RIPL’s twentieth volume and sincerely hope that you enjoy the articles. Thank you so much for your dedicated readership and relentless support. We wish you and your families a safe, healthy, and happy holiday season!

Best Regards,

Andrew D. Butzen

Editor-in-Chief

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