Oregon Review of International Law : Volume 18, Number 1 (2016)
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Browsing Oregon Review of International Law : Volume 18, Number 1 (2016) by Subject "International law"
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Item Open Access Forever Green? An Examination of Pharmaceutical Patent Extensions(University of Oregon School of Law, 2017-07-27) Marrs, Julian W.This Article examines Novartis in the context of pharmaceutical evergreening, and suggests that the U.S. intellectual property regime could be improved by adopting a provision similar to section 3(d). Part I discusses evergreening and the negative repercussions it has on both the U.S. patent system and society. Part II examines Novartis and the academic understanding of section 3(d)’s solution to evergreening. Part III briefly details the current state of pharmaceutical patent laws in the U.S. Finally, Part IV suggests what a similar provision in the U.S. system would look like.Item Open Access Undue Due Process: Why the Application of Jurisdictional Due Process Requirements to the Recognition of Foreign-Country Judgments Is Inappropriate(University of Oregon School of Law, 2017-07-27) Meier, NiklausWhen the recognition of foreign-country judgments is sought in the United States, it occurs that recognition is denied due to lack of jurisdiction. In the United States, jurisdiction of foreign courts is examined according to the same due process requirements of the U.S. Constitution that apply to direct jurisdiction and to the recognition of sister-state judgments. These criteria were developed in a national, federal, interstate context and are not appropriate for claims involving international elements, which necessarily follow jurisdictional concepts differently than the United States does.