University of New Hampshire

School of Law

School of Law

UNH Law Review

Issue: Volume 8, Number 1

December 2009

  • Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China

    This article provides a methodology for understanding the enforcement of intellectual property in China’s past, present, and future. The provided methodology is twofold, historical and functional. Historically, the article begins by outlining China’s previous attempts at implementing patent laws and the external and internal influences on these attempts. Functionally, Chinese patent law is compared to U.S. patent law. More specifically, the article compares patent protection, infringement, and enforcement, and provides cultural and ideological reasons for the differences.
  • Cloned Meat, Voluntary Food Labeling, And Organic Oreos

    In this article, the author discusses voluntary food labeling in the context of the tension between consumer preferences, the government’s science-based, food-identity approach, and producers’ efforts to differentiate their products. First, the article identifies three functions that labels perform, outlines the types of information usually required, and introduces the rule that voluntary label information cannot be misleading. Next, the author argues that labeling is not truly voluntary when consumers care about a certain feature of the food. The author examines the relevant characteristics of food consumers and argues that not all consumers can be misled by label information. Finally, the author suggests that mandatory labeling of some process information could enhance consumer sovereignty and welfare.
  • COMMENT: 5 USC § 553: Patent Elephants In Process Mouseholes

    This comment discusses the recent Tafas cases. Although the government has dropped its appeal, both the district court and Federal Circuit opinions leave open numerous issues as to the scope of the USPTO’s rulemaking authority. This comment discusses these issues and why it was unnecessary for the two courts to raise these issues.
  • NOTE: Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?

    In Egyptian Goddess, Inc. v. Swisa, Inc., the Federal Circuit reversed twenty-five years of precedent by eliminating the point-of-novelty test in design patent infringement. The elimination of the point-of-novelty test was widely hailed as a victory for design patent holders. This note traces the origins of the point-of-novelty test and then discusses its application by the Federal Circuit. It then discusses the Egyptian Goddess decision in depth. By analyzing cases both before and after Egyptian Goddess, the note concludes that the effect of Egyptian Goddess will be somewhat limited.