a treaty adopted in 1994 that incorporates protection for intellectual property into GATT TRIPS he terminology tort reform describes a change in United States civil law system to improve litigation efficiency or reduce litigation's adverse effects on the economy. Tort Reform a distinctive mark, logo, or motto of stamp affixed to goods to identify their origin. Once established, a trademark gives the owner the right to its exclusive use Trademark A common law rule, followed in some states, that holds that a person harmed by another’s breach of contract may not bring a tort action unless there was injury to a person or property other than that which was the subject of the contract Economic Loss Doctrine under American copyright law, the right to use limited portions of a copyrighted work, without permission, for education or criticism Fair Use Doctrine Failure to warn is a defect consisting of the manufacturer’s failure to provide adequate warnings or instructions regarding the use of its product Failure to Warn copyright, patent, trademark, trade secret, and other laws that protect intangible property that is the work product of the human mind Intellectual Property found in Title 15 of the U.S. Code and contains the federal statutes governing trademark law in the United States. However, this act is not the exclusive law governing U.S. trademark law, since both common law and state statutes also control some aspects of trademark protection. This index contains links to each of the sections of the Lanham, and was last updated in October, 2005 Lanham Act occurs when the promise is broken, i.e., a product is defective or not as should be expected by a reasonable buyer Breach of Warranty a person with special training and expertise, such as a doctor, who stands between the seller of a product, such as a prescription drug or medical device, and the patient on who uses it Learned Intermediary This black letter rule of common law doctrines states that a manufacturer's duty to warn is limited to an obligation to advise the prescribing physician of any potential dangers that may result from the use of its product Learned Intermediary Doctrine a comprehensive code, drafted by the National Conference on Commissioners on Uniform State Laws, which has been enacted in all the states. It includes articles governing the sale of goods, commercial paper, banking, and other commercial laws. Uniform Commercial Code awards unrelated to the victim’s injuries that are designed to punish the wrongdoer; damages awarded to a plaintiff that are greater than the amount necessary to compensate her loss; generally granted where the wrong involved intent, violence, fraud, malice, or other aggravated circumstances Punitive Damages latin for “let the buyer beware”; the concept that the buyer bears the loss if there is anything defective in the goods he/she purchases Caveat Emptor The exclusive right or privilege to make, use, or sell an invention for a limited period of time, granted by the government to the inventor Patent is a legal doctrine under which individual entities (for example, otherwise legally unrelated corporations or people) can be held jointly liable for some action on the basis of being part of a shared enterprise. Enterprise liability is a form of secondary liability. Enterprise Liability created in 1948 as an agreement; GATT grew to be both an agreement and an organization that negotiated international trade and tariff rules. In 1995, GATT was replaced by the World Trade Organization GATT a comparison test of a medication or other medical treatment (such as a medical device), versus a placebo (inactive look-a-like), other medications or devices, or the standard medical treatment for a patient's condition. Clinical trials vary greatly in size: from a single researcher in one hospital or clinic to an international multicenter study with several hundred participating researchers on several continents. The number of patients tested can range from as few as 30 to several thousands. While undergoing the trial, the agent being tested is called an investigational new drug Clinical Trials something of economic value to its owner (e.g., an unpatented formula, a client list) that is protected by law because its owner has taken reasonable steps to keep it secret Trade Secret liability without fault. A case is one in strict liability when neither care nor negligence, neither good nor bad faith, neither knowledge nor ignorance will exonerate the defendant. Strict Liability Protects the original work of authors, painters, sculptors, musicians, photographers, and others who produce work of literary or artistic merit Copyright
WM Chapters 3-4 