Category Archives: Intellectual Property

Alessio Chiabotto, ‘Intellectual Property Rights Over Non-Human Generated Creations’

Abstract The traditional implied assumption of Intellectual Property systems has always put the humankind at the exact center of the creative universe. Given the latest breakthroughs of computer science, in particular the development of Artificial Intelligence, the question if entities other than humans can produce works worthy to be protected by copyright is gaining momentum. […]

‘Three Strikes for Copyright’

Abhishek Nagaraj, Does Copyright Affect Reuse? Evidence from Google Books and Wikipedia, Management Science (forthcoming 2017), available at How should copyright law change to take account of the internet? Should copyright expand to plug the internet’s leakiness and protect content that the internet would otherwise make more freely available? Or, should copyright relax its […]

Eric Claeys, ‘Intellectual Property and Practical Reason’

Abstract In scholarship on intellectual property (‘IP’), philosophical justifications for IP rights seem to suffer from one of two flaws. To some, philosophical justifications are too indeterminate to offer concrete guidance about rights in practice. To others, philosophical justifications seem extreme; they mandate certain conclusions without letting decision makers consider the relevant context or consequences […]

‘HLS Private Law Workshop: Shyamkrishna Balganesh, Copyright as Legal Process

“2017 marks the bicentennial of Harvard Law School. It is fitting, therefore, that the first Private Law Workshop of the semester focused on intellectual legal history and, in part, the influence of some of Harvard’s most prominent law professors. Shyamkrishna Balganesh presented his work-in-progress Copyright as Legal Process. In it, Balganesh argues that copyright underwent […]

Neal Solomon, ‘The Myth of Patent Quality’

Abstract: The USpatent system has been under attack for about a decade. One of the main justifications for changing the patent system has centered on the issue of patent quality. According to patent critics, patents are bad or low quality, justifying major changes to the patent examination and review system. I argue that patent quality […]

Eric Johnson, ‘Disentangling the Right of Publicity’

Abstract: Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person’s name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are […]

The Discursive Turn in Copyright: UC Irvine School of Law, 27 October 2017

Copyright law is explicitly directed toward protection of artistic and aesthetic works, and is intended to provide a legal regime that fosters expressive authorship. But this interaction runs both ways; as copyright doctrine is adapted to the arts and humanities, so our understanding of arts and the humanities illuminates our understanding of copyright law. In […]

Carsten Ullrich, ‘Standards for Duty of Care? Debating Intermediary Liability from a Sectoral Perspective’

Abstract: The EU’s current regulatory framework for the content liability of online intermediaries was created in 2000 with the Ecommerce Directive (ECD). Already in those days, during the run-up to the ECD, there was an intense debate regarding whether a light-touch approach or more stringent content liability regime for intermediaries would be the appropriate way […]

‘Copyright Law and the Utility of Style’

Christopher Buccafusco and Jeanne C Fromer, Fashion’s Function in Intellectual Property Law, 93 Notre Dame Law Review (forthcoming 2017), available at SSRN. Copyright is meant to protect artistic and literary works (books, paintings, sculptures, poems, songs, etc) against copying. Copyright is not, however, meant to protect useful things – that is the job of patent […]

Adam MacLeod , ‘Patent Infringement As Trespass’

Abstract: The conventional account of patent law holds that patent infringement is a strict liability offense. That account is incomplete, as infringement law takes intention and even moral culpability into account for various purposes. A clearer picture of patent infringement law emerges when infringement is viewed as a species of trespass. Common law trespass operates […]