Category Archives: Intellectual Property

Call for Papers: Data-Driven Personalisation in Markets, Politics and Law: Southampton Law School, 28 June 2019

We will be holding a workshop on the topic of ‘Data-Driven Personalisation in Markets, Politics and Law’ on Friday 28 June 2019 at Southampton Law School. This is an important emerging area of law that goes well beyond data protection law, raising questions for criminal law, consumer protection, competition and IP law, tort law, administrative […]

‘Mirror, mirror, tell me, is the Copyright law fair and balanced? Reflection on AG’s conclusions on the Spiegel Online case (Part I)’

“On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). The case is part of a trilogy of preliminary references raised by the German courts focusing on copyright exceptions and the interaction of copyright law with fundamental rights (Pelham, C‑476/17 and Funke […]

Mala Chatterjee, ‘Intellectual Property, Independent Creation, and the Lockean Commons’

ABSTRACT Copyright and patent law – which grant exclusive rights in two very different kinds of subject matter, but are nonetheless lumped together as ‘intellectual property’ – are predominantly regarded by US scholars as having the same theoretical underpinnings. This manifests in doctrine, as courts have ruled in a number of ways aiming to unify […]

‘Freilich on Prophetic Examples’

“Patent law – like many areas of private law – is riddled with unusual, obscure, and sometimes incomprehensible rules. In a forthcoming paper, I draw attention to a particularly puzzling doctrine of patent law: patents can include fictional experiments and made-up data. Take, for instance, the following experiment published in a recently granted patent …” […]

Robert Bone, ‘Of Trolls, Orphans, and Abandoned Marks: What’s Wrong With Not Using Intellectual Property?’

ABSTRACT The question whether intellectual property (‘IP’) rights should require use is a pressing one today. Neither patent nor copyright law formally requires that the IP owner actually use the patented invention or copyrighted work. Yet use would seem necessary for a work to reap the social benefits that justify granting exclusive rights. Trademark law […]

Eleonora Rosati, ‘Brexit and Copyright: A Pyrrhic Victory’

ABSTRACT As things currently stand, the United Kingdom (UK) is set to leave the European Union (EU) in March 2019. At the time of writing (early January 2019) it is unclear on what terms the withdrawal of this Member State from the EU is going to happen, and whether there will be also a withdrawal […]

‘What Copyright Might Teach Trade Secrecy’

Joseph P Fishman and Deepa Varadarajan, Similar Secrets, 167 University of Pennsylvania Law Review (forthcoming 2019), available at SSRN. When an employee has had lawful access to her firm’s trade secrets and later uses them when working for a new employer or when starting her own firm, the former employer may well sue her for […]

What would a no-deal Brexit mean for copyright in the UK?

“With the UK due to leave the EU in less than two months, we are still no closer to clarity on the basis on which this will take place. Earlier this month, Parliament voted against the deal proposed by the Prime Minister, with the deal only finding support from around 31% of members of parliament. […]

Levine and Sichelman, ‘Why Do Startups Use Trade Secrets?’

ABSTRACT Empirical studies of the use of trade secrecy are scant, and those focusing on startups, nonexistent. In this Article, we present the first set of data – drawn from the Berkeley Patent Survey – on the use of trade secrets by US startup companies in the software, biotechnology, medical device, and hardware industries. Specifically, […]

‘Roundtable on Empirical Methods in Intellectual Property – Alexandria, VA’

“The roundtable is intended to give scholars engaging in empirical and experimental studies of IP a chance to receive feedback on their work at an early stage in their research. Accordingly, the roundtable will be limited to a small cohort of scholars discussing projects that are still in their developmental stages …” (more) [Legal Scholarship […]