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Thursday, May 1, 2014

Professor Marketa Trimble Places Three New Articles

Marketa Trimble is an Associate Professor of Law at the William S. Boyd School of Law.

Professor Trimble has written three forthcoming articles.

Her first article, titled “The Marrakesh Puzzle,” analyzes the challenges of implementing the 2013 Marrakesh Treaty, due to its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled." Professor Trimble provides an overview of the Treaty and suggests possible sources for implementation tools. The article will be featured in an upcoming issue of the International Review of Intellectual Property and Competition Law.

Professor Trimble’s second article, “Foreigners in U.S. Patent Litigation: An Empirical Study of Patent Cases Filed in Nine U.S. Federal District Courts in 2004, 2009, and 2012,” focuses on the challenges patent holders face with the enforcement of their rights against foreign infringers. Statistics taken from her empirical study of 6,420 patent cases show that there are an increasing number of foreign patent cases involving foreign parties, despite the fact that the percentage of such cases in the total number of patent cases did not increase between 2009 and 2012.

The third article, titled “Advancing National Intellectual Property Politics in a Transnational Context,” makes the claim that the increasing frequency with which activities involving intellectual property (IP) cross national boarders warrants a clear delineation of national IP laws in order for parties to operate their activities legally. Despite the need for a clear definition, little attention has been given to the territorial delineation of IP law by legislators, who rarely draft IP statues that consider cross-border scenarios. Professor Trimble analyzes the interaction of existing IP laws and conflict of law rules and reviews from both IP law and conflict of law perspectives, while also providing various tools that could help define the territorial reach of national IP laws. The article will be published in a forthcoming issue of the Maryland Law Review.