Category Archives: Intellectual Property

Glynn Lunney, ‘A Natural Right to Copy’

ABSTRACT In this symposium, we gather to celebrate the work of Wendy Gordon. In this essay, I revisit her article, A Property Right in Self-Expression: Equality and Individualism in the Natural Law of Intellectual Property. In the article, Professor Gordon first used the ‘no-harm’ principle of John Locke to justify copyright as natural right and […]

Ana Santos Rutschman, ‘The Vaccine Race in the 21st Century’

ABSTRACT In a world in which infectious diseases are spreading increasingly faster, the development of new human vaccines remains a priority in biopharmaceutical innovation. Legal scholars have addressed different aspects of vaccine regulation and administration, but less attention has been paid to the role of laws governing innovation during the stages of research and development […]

‘German BGH: The destruction of the work does not infringe the moral rights of the author’

“German Federal Supreme Court’s decisions of 21 February 2019 (ref: I ZR 98/17, I ZR 99/17 and I ZR 15/18). Protection of moral rights in Germany, in particular the right to prohibit distortion of the work. Moral rights derived from copyright are not harmonized within the European Union. Rather, every EU member state has developed […]

F Scott Kieff, ‘Epstein’s Insights about Private Law and History for Intellectual Property and Trade of Today and Tomorrow’

ABSTRACT Richard Epstein’s work on private law emphasizes themes that have survived since Ancient Roman Law. This paper highlights two practical benefits that those themes can offer some flashpoints in modern debates about the interface between intellectual property (IP) and trade. Arguments grounded in private law may avoid the open-textured public policy debates between concern […]

Doug Lichtman, ‘The Perspiration Principle’

ABSTRACT Should copyright be awarded in an instance where a work of authorship lacks inspiration and is instead simply the result of necessary and genuine hard work? Should patents likewise be offered to inventors whose achievements derive not from any flash of genius but from sweat and labor alone? In this Essay, Professor Lichtman revisits […]

Christopher Yoo, ‘Rethinking Copyright and Personhood’

ABSTRACT One of the primary theoretical justifications for copyright is the role that creative works play in helping develop an individual’s sense of personhood and self-actualization. Typically ascribed to the writings of Immanuel Kant and Georg Wilhelm Friedrich Hegel, personhood-based theories of copyright serve as the foundation for the moral rights prominent in European copyright […]

Natalia Curto, ‘EU Directive on Copyright in the Digital Single Market and ISP Liability: What’s Next at International Level?’

ABSTRACT The recent approval of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive) by the European Union has caused a considerable storm among the internet users, scholars, practitioners and industries. Particularly controversial was the original obligation of ISPs to filter the content upload by platforms users with […]

Jon Garon, ‘Ownership of University Intellectual Property’

ABSTRACT … This article highlights the role of copyright, patent, publicity rights, and trademark as they impact the teacher, researcher, student employee, student entrepreneur, and student athlete. It provides a framework for universities and their stakeholders to better understand the rights and responsibilities they have to each other regarding intellectual property rights and how best […]

Jani McCutcheon, ‘The Concept of the Copyright Work under EU Law: More Than a Matter of Taste’

ABSTRACT In Levola Hengelo BV v Smilde Foods BV the Court of Justice of the European Union was asked, inter alia, to make a preliminary ruling on whether EU copyright law precludes the taste of food from being protected as a copyright work. This generated expectations that the ECJ and the Advocate General would clarify […]

‘Book Review: The Right of Communication to the Public in EU Copyright Law

“Communication to the public is a highly contentious area of copyright law, that is becoming increasingly important in the information society age, yet its boundaries and scope still remain somewhat of a mystery. In The Right of Communication to the Public in EU Copyright Law, Justin Koo sets out to rehabilitate the right by exploring […]