Category Archives: Intellectual Property

Janeček and Malgieri, ‘Commerce in Data and the Dynamically Limited Alienability Rule’

ABSTRACT Commerce in some data is, and should be, limited by the law because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as regulated under the […]

Delacroix and Lawrence, ‘Bottom-up data Trusts: disturbing the ‘one size fits all’ approach to data governance’

INTRODUCTION … This article proceeds from an analysis of the very particular type of vulnerability concomitant with our ‘leaking’ data on a daily basis, to show that data ownership is both unlikely and inadequate as an answer to the problems at stake. We also argue that the current construction of top-down regulatory constraints on contractual […]

Bethencourt and Masferrer, ‘Developing the Civil Law of Incorporeal Things’

ABSTRACT This article offers the legal profession a method to effectuate on behalf of authors, designers, or inventors who are residents of Louisiana (or for Louisiana transactions) the rights recognized by federal law on intellectual property (IP) and unfair competition by activating the civil law on incorporeal things. Additionally, it offers a way to enhance […]

Call for Papers: ‘Landmarks of Intellectual Property’: Bournemouth University, 13-17 July 2020

The 2020 ISHTIP workshop will explore the contemporary relevance of the landmarks of intellectual property. Proposals are invited to consider the different ways in which a place, a time, a personality, a case, or a particular year has become a landmark of IP. These might include challenging or questioning (the idea of) landmarks of IP; […]

Grinvald and Tur-Sinai, ‘Intellectual Property Law and the Right to Repair’

ABSTRACT This Article posits that intellectual property law should accommodate consumers’ right to repair their products. In recent years, there has been a growing push towards state legislation that would provide consumers with a ‘right to repair’ their products. Currently, twenty states have pending legislation that would require product manufacturers to make available replacement parts […]

May and Cooper, ‘Volition Has No Role to Play in Determining Copyright Infringements’

ABSTRACT Historically, and consistently, direct copyright infringement has been understood to be a strict liability tort. Unfortunately, some recent lower court decisions addressing infringement of copyrighted content on online platforms could be read, wrongly, to require copyright owners to prove ‘volitional conduct’ by alleged infringers. Yet the Copyright Act nowhere contains any such volitional conduct […]

‘Wang on copyright in China’

“Fei-Hsien Wang, Indiana University Bloomington has published Pirates and Publishers: A Social History of Copyright in Modern China with Princeton University Press. From the press: ‘In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang […]

‘International Copyright Law conference returns to London with an IPKat readers’ discount’

“Our friends at KNect365 wish to let IPKat readers know that they are getting ready for yet another edition of their successful ‘International Copyright Law’ conference, which will be held in London on 3-4 December 2019. The agenda of this year’s edition features experts in different areas of copyright and from various jurisdictions, who will […]

Elizabeth Winston, ‘Information Age Technology, Industrial Age Laws’

ABSTRACT The United States patent system was born during the Industrial Age – at a time where the focus was on promoting innovation in machines, and tangible means of changing the world. With the dawn of the Information Age, innovation is increasingly intangible. The industrial age laws, as currently interpreted, are not well-suited for the […]

‘Intellectual property in Outer Space: still in the twilight zone’

“The commercialisation of activities in outer space is booming. Space launches by private actors are skyrocketing (I know: terrible pun), and space tourism is expected to be an industry in full swing soon. This change in the landscape of outer space raises the question whether intellectual property policy is on top of things in this […]