Category Archives: Intellectual Property

Tim Kingsbury, ‘Copyright Paste: The Unfairness of Sticking to Transformative Use in the Digital Age’

Abstract Digital communication continues to transform our world, and information is shared continuously faster because of exponential technological advances. For example, due to an immense online audience, many companies now use GIF images containing short movie or song clips to advertise their business on social media. This has apparently been an effective advertising tool. New […]

Montagnani and Trapova, ‘Safe harbours in deep waters: a new emerging liability regime for Internet intermediaries in the Digital Single Market’

Abstract Online intermediaries, often categorized as the gatekeepers of information, have become major protagonists in a variety of policy and legislative actions within the EU Digital Single Market. These initiatives endeavour to tackle illegal content online by imposing enhanced responsibility rules. The emerging scheme undertakes to nevertheless maintain the safe harbour liability exemption under the […]

‘Book review: Kritika – Essays on Intellectual Property (vol 3)

“Are you under the romantic spell of copyright law, so much so that its mutation into an aggressive economic tool protective of investments rather than creative labour has escaped your attention? Or, much like Fiona Macmillan in Kritika, have you been staring at the ‘ugly underbelly’ of this mutant-copyright for quite some time now? Copyright […]

Sean O’Connor, ‘The Multiple Levels of “Property” in IP and Why That Matters for the Natural Versus Regulatory IP Debates’

Abstract The intellectual property field is polarized between what are variously called skeptics or minimalists, on the one hand, and pro-IP or maximalists, on the other. An important skein in this debate is as between those who view IP as purely regulatory law and those who view it as natural property. The former hold IP […]

Jamillah Williams, ‘Diversity as a Trade Secret’

Abstract Throughout history, women and racial minorities have been excluded and marginalized in the United States workforce. Many of the industries that dominate the economy in wealth, status, and power continue to struggle with a lack of diversity. Various stakeholders have been mobilizing to improve access and equity, but there is an information asymmetry that […]

Teresa Scassa, ‘Data Ownership’

Abstract The rapid expansion of the data economy raises serious questions about who ‘owns’ data, and what data ‘ownership’ entails. In most jurisdictions, data that are kept confidential can be protected as confidential information. However, such data are vulnerable to exposure through hacking or leaking by third parties. In many instances, significant stores of data […]

‘Intellectual Property’

“Intellectual property is generally characterized as non-physical property that is the product of original thought. Typically, rights do not surround the abstract non-physical entity; rather, intellectual property rights surround the control of physical manifestations or expressions of ideas. Intellectual property law protects a content-creator’s interest in her ideas by assigning and enforcing legal rights to […]

Tanya Aplin, ‘The Impact of the Information Society Directive on UK Copyright Law’

Abstract This paper examines the impact of Directive 2001/29/EC in light of two major developments since 2011. The first is the extensive growth of EU jurisprudence on Directive 2001/29/EC and, particularly, increased judicial harmonization of copyright. As a result of this shift, clarity on some – but not all – aspects of Directive 2001/29/EC has […]

Christopher Yoo, ‘Intellectual Property and the Economics of Product Differentiation’

Abstract The literature applying the economics of product differentiation to intellectual property has been called the most important development in the economic analysis of IP in years. Relaxing the assumption that products are homogeneous yields new insights by explaining persistent features of IP markets that the traditional approaches cannot, challenging the extent to which IP […]

‘UK Copyright if there’s no Brexit deal’

“The UK’s Department for Business, Energy and Industrial Strategy has now published its long awaited paper which offers guidance on what will happen with copyright if the UK leaves the European Union with ‘no deal’ outcome – an increasingly likely scenario (although the paper paints a more positive picture!) …” (more) [The 1709 Blog, 4 […]