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18 J. Marshall Rev. Intell. Prop. L. [i] (2018-2019)

handle is hein.journals/johnmars18 and id is 1 raw text is: 


                 THE JOHN MARSHALL

REVIEW OF INTELLECTUAL PROPERTY LAW


  FOREIGN PATENT DECISIONS AND HARMONIZATION: A VIEW OF THE PRESUMPTION AGAINST GIVING
    FOREIGN PATENT DECISIONS PRECLUSIVE EFFECT IN UNITED STATES PROCEEDINGS IN LIGHT OF
                        PATENT LAW INTERNATIONAL HARMONIZATION

                                   DR. ROBERTO ROSAS


                                        ABSTRACT

This article takes a look at the important issue of global harmonization in patent law. The article takes
a snapshot at issues such as recognition and enforcement of foreign patent decisions, and how courts
in the United States resolve foreign patent laws disputes brought before them. Although there are
numerous legal topics that can be addressed in the subject of international patent law, this article
takes special focus on the pressure put on the strong presumption of territoriality in patent law
because of the rapid and still growing globalization and internalization of markets and intellectual
property; while also discussing on the strong presumption against giving preclusive effect to foreign
patent decisions in U.S. proceedings.


                                   ACKNOWLEDGMENTS

This work would not have been possible without the aid of my friend and colleague Juan Vasquez, Esq.
who provided invaluable insight and expertise that greatly assisted the research and writing of this
article. I also want to thank Pedro Webber for his assistance with research and editing throughout the
article.






                       Copyright c 2018 The John Marshall Law School




      Cite as Dr. Roberto Rosas, Foreign Patent Decisions and Harmonization: A View of the
        Presumption Against Giving Foreign Patent Decisions Preclusive Effect in United
          States Proceedings in Light of Patent Law International Harmonization, 18 J.
                          MARSHALL REV. INTELL. PROP. L. 1 (2018).

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