Washington Journal of Law, Technology & Arts

Volume 13  | Winter 2018  | Number 2

Bio-property Contracts in a New Ecosystem: Genetic Resources Access and Benefit Sharing

Mariko Kageyama
13 Wash. J.L. Tech. & Arts  109

3/15/2018

Constitutional & Regulatory

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity presents a relatively new international legal framework. Although the United States is not currently bound by this legal instrument, its impact may be felt in the life sciences innovation sector and beyond. Transnational implementation mechanisms for the Nagoya Protocol have a combination of property law and contract law as their theoretical underpinning. Stakeholders who are entering into an agreement with their foreign counterparts should honor the Access and Benefit-Sharing scheme as well as domestic laws and policies of Parties to the Protocol to access biological materials located in their jurisdictions. Users’ due diligence in obtaining prior informed consent and adhering to mutually agreed terms will contribute greatly to promoting the objectives of the Nagoya Protocol and the Convention on Biological Diversity.

 

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Approximating a Federal Patent District Court After TC Heartland

Timothy T. Hsieh
13 Wash. J.L. Tech. & Arts  141

3/15/2018

Intellectual Property

This article presents a patent litigation framework for other federal district courts to follow, using the example of the U.S. District Court for the Eastern District of Texas after TC Heartland. This article also provides an overview of the TC Heartland U.S. Supreme Court case and the In Re Cray Federal Circuit opinion, as well as how those two cases have impacted patent litigation in various district courts across the country, most notably in the District of Delaware. All district courts should learn various lessons from the District Court for the Eastern District of Texas and should model their practices after its approach to handling patent cases going forward. 

 

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Report and Recommendations of the Arizona Task Force on Court Management of Digital Evidence 


Honorable Samuel A. Thumma & the Arizona Task Force on Court Management of Digital Evidence
13 Wash. J.L. Tech. & Arts  165

3/15/2018

Litigation

The court record has three components, each historically paper-based and tangible: (1) filings; (2) transcripts; and (3) exhibits. Given technology changes, filings and transcripts now are often kept as digital files. Exhibits, however, continue to be received and held by the court in tangible form. Technology changes mean that will soon change, and will change drastically.

The 2016 Joint Technology Committee Resource Bulletin: Managing Digital Evidence in Courts, warned that “[c]ourt management systems are not currently designed to manage large quantities of digital evidence, which means that courts and industry must find creative ways to deal immediately with the dramatically increasing volume of digital evidence, while planning for and developing new capabilities.” This article is the first published response to that urgent warning.

The article summarizes recommendations for court management of digital evidence. The article next discusses the evolving court record format and the truly digital evidence concept. Detailed workgroup reports follow, addressing: (1) digital formats; (2) storage and management; and (3) rules, including suggested rule changes. The article is designed to make sure this critical analysis is available now as well as to serve as a resource for courts, academics, technology experts, and others for years to come.

 

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The State Department Can Gun Down 3-D Printed Firearms 


Derk Westermeyer
13 Wash. J.L. Tech. & Arts  201

3/15/2018

Constitutional & Regulatory

In 1976, Congress enacted the Arms Export Control Act (“AECA”), giving the President broad power to control imports and exports of defense articles. At the time, defense articles included any “technical data” relating to weapons, such as the manufacturing blueprints of a firearm. Generally, this technical data was only in the hands of weapon manufacturers. After forty years of technological advances, however, this “technical data” can now be accessed by anyone in the world in a matter of seconds. Thanks to 3-D printing, a person can use this data to personally manufacture a fully functional plastic weapon within a few hours, for just a few hundred dollars. This same plastic weapon could slip past an airport security metal detector without triggering an alarm. Within a few minutes, a user could melt the weapon down to destroy any evidence of its use.

This article explores the limits that the First and Second Amendments place on regulating 3-D printed weapons. Additionally, this article explores how the current regulations would pass a Constitutional challenge based on the First or Second Amendment. 

 

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