Category Archives: Intellectual Property

Hans-W Micklitz, ‘The digital economy, digital society, and private law’

ABSTRACT This essay is about the ways the legislator in Europe, in particular the EU and the German legislator, and the community of lawyers at large over the last 100 years have approached the systemic legal problems raised by fundamental societal changes, such as industrialization of production, the consumer movement, and, recently, the digitization of […]

Clark Asay, ‘Rethinking Copyright Harmonization’

ABSTRACT For nearly half a century, the United States has been one of the main proponents of harmonizing the world’s copyright laws. To that end, the US government has worked diligently to persuade (and, in some cases, bully) most of the world’s countries to adopt copyright standards that resemble those found in the US. The […]

‘UK IP courts go virtual, as COVID-19 shutters courtrooms across the globe’

“The legal profession is lucky. Our jobs can be performed anywhere. All we need is a laptop and a phone. However, when it comes to litigation we still prefer our analogue world. We like the tactile nature of hard copy paper bundles that we mark-up and flag. We like walking into a courtroom where we […]

Griem and Inderst, ‘Bargaining over Royalties in the Shadow of Litigation’

ABSTRACT We model negotiations over patent royalties in the shadow of litigation through a Nash-in-Nash approach, where outside options, triggered in case of disagreement, are derived from a subsequent game of litigation. The outcome of litigation depends both on ‘hard determinants’, such as relative patent strength, and on ‘soft determinants’, such as parties’ efficacy in […]

‘China says “No” to the malicious filing of Coronavirus-related trade marks’

“Article 10 of the Chinese Trade Mark Law (CTML), amended in 2019, lists several absolute grounds for refusal to trade mark registration. Among these, Article 10.1.8 prevents registration of signs which are ‘detrimental to socialist ethics or customs, or [have] other unwholesome influences’. Recently, this provision has been used to refuse registration of Coronavirus pandemic-related […]

Susy Bello Knoll, ‘Photoshop and The (Virtual) Body of Models’

ABSTRACT In this paper, Photoshop is analyzed with a special focus on the bodies of models and a detailed analysis on the legal issues posed by this specific area. For the sake of a thorough development of the topic of this paper, it is necessary to define relevant concepts such as photography and personal image. […]

Justin Scharff, ‘The Copyrightability of Fictional Characters: Why Harry Potter, Arya Stark, and Matrim Cauthon Are Copyrightable’

INTRODUCTION … The author will argue that the distinctive delineation test put forth by Judge Learned Hand eighty-nine years ago is the most effective way to determine whether a literary character is deserving of copyright protection. This Note will not only analyze both approaches but will also argue why the distinctive delineation test should be […]

‘In case of a cure: A compulsory licence as the last resort’

“In patent law, the compulsory licence is a measure that is discussed in every academic course, but that discussion is usually concluded with the remark: ‘In practice, this measure is never implemented’. Will the current pandemic change that? …” (more) [Raoul Soullié, Leiden Law Blog, 24 March]

Michael Carroll, ‘Copyright and the Progress of Science: Why Text and Data Mining Is Lawful’

ABSTRACT This Article argues that US copyright law provides a competitive advantage in the global race for innovation policy because it permits researchers to conduct computational analysis – text and data mining – on any materials to which they have access. Amendments to copyright law in Japan, and the European Union’s recent addition of limitations […]

Glynn Lunney, ‘A Tale of Two Copyrights’

ABSTRACT Imagine, if you will, a world of perfect information, where transactions are cost-less, and in that world, two possible copyright regimes. Both enable copyright owners to engage in perfect price discrimination with respect to every form of access to their original works of authorship. Both therefore avoid the peril of lost access. The first […]