Xuan-Thao Nguyen

Financing Innovation: Legal Development of Intellectual Property as Security in Financing, 1845-2014

There is a need for both traditional and online lenders to appreciate the intellectual property assets held by small businesses. The intellectual property assets should be included in the analytics in assessing the overall health of a business seeking a loan or a line of credit for its new innovative product, idea, or vision. The Article ends with a brief conclusion that in order to maintain the United States’ innovative edge, attention to the access to financing by small businesses must be at the center of the discussion, and intellectual property must be recognized as part of that center.

China’s Apologetic Justice: Lessons for the United States?

Many scholars have criticized Congressional apology resolutions for slavery as inadequate and ineffective. Ironically, Congress may look to China’s apologetic justice in intentional intellectual property infringements to learn valuable lessons about apologies and how to incorporate them into righting wrongs. China requires that the wrongdoer who intentionally harms or infringes the intellectual property rights of another make a public apology in a newspaper or trade journal, in addition to stopping the harm and paying for compensatory damages and costs. If the wrongdoer does not timely make the public apology, the infringed party will draft and publish the public apology in the wrongdoer’s name and charge the associated expenses to the wrongdoer. Again, the public apology is in addition to, not in lieu of, injunctive relief and damages. If Congress approaches apology resolutions to slavery in a similar way to what China has done for remedies in intentional intellectual property infringements, Congress will adequately address scholars’ criticisms.