Browsing by Author "Nguyen, Xuan-Thao"
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Item Acquiring Innovation(2008) Nguyen, Xuan-Thao; Maine, Jeffrey A.Item The America Invents Act: a Tribute to the Honorable John Ward(2012) Nguyen, Xuan-Thao; Galvan, Hilda; Everingham, Chad; Siebman, Clyde; Bramblett, GeorgeItem Apologies as Intellectual Property Remedies: Lessons from China(2012) Nguyen, Xuan-ThaoItem Attacking Innovation(2019) Maine, Jeffrey A.; Nguyen, Xuan-ThaoEconomists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the future of innovation in the United States, potentially driving innovation activities offshore to Europe and China. This Article concludes that the current innovation crisis demands changes to both the patent and tax systems in order to instill confidence in the innovation landscape.Item Banking the Unbanked Innovators(2020) Nguyen, Xuan-ThaoInnovators are necessary for the engine of economic growth. Why do banks still find innovators, from startups to high growth companies, unattractive as potential customers for banking and lending products? Banks typically make business loans to established companies with positive cash flow and physical assets. Banks are eager to make loans in real estate transactions. Throughout modern time, banks persistently avoid banking innovators. Nationwide, only five outlier banks are defying conventional banking practices, and the leader among them is Silicon Valley Bank. Against all the odds, Silicon Valley Bank began as a local, community bank for innovators in 1982, and has continued its success in banking innovators and became the 37th largest bank in the nation. Using Silicon Valley Bank as a case study, this Article provides a much- needed model of banking innovators. Embracing innovators' intellectual property assets, cultivating networks of experts to assist innovators, and behaving like entrepreneurs, not bankers, are key factors to the model of banking innovators. The model traverses secured transactions, intellectual property, contracts, and banking laws and regulations to create an ecosystem incubating and advancing innovators.Item Bankrupting Trademarks(2004) Nguyen, Xuan-ThaoItem Beyond TPP: Legal Reform for Financing Intellectual Property and Innovation in Vietnam(2017) Nguyen, Xuan-ThaoChapter 18 of the Trans-Pacific Partnership (TPP) trade agreement dictates a robust regime of intellectual property rights, protection, and enforcement beyond the existing Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and the bilateral agreement signed between Vietnam and the United States. Other scholars have focused on the specific types of intellectual property, such as trademarks, patents, copyrights, trade secrets, and biologics, along with recommendations for implementation of compliance by Vietnam. No scholars have discussed the legal reform necessary to encourage financing for innovation in Vietnam. This essay posits that in order for Vietnam to become a creator of new ideas, intellectual property, and innovation, the country urgently needs legal reform relating to financing innovation. Startups, entrepreneurs, and small businesses cannot develop new ideas and technology without access to credit for business operation and growth. Legal reform in the area of financing innovation requires additional revisions of Vietnam's newly revised secured transactions law and the newly adopted insolvency law, along with an amendment to the existing intellectual property law.Item Branding Taxation(2016) Nguyen, Xuan-Thao; Maine, Jeffrey A.; Robert H. McKinley School of LawItem The China We Hardly Know: Revealing the New China's Intellectual Property Regime(2011) Nguyen, Xuan-Thao