Category Archives: Intellectual Property

‘Why the CJEU cheese copyright case is anything but cheesy’

“A few months ago a Dutch court (Arnhem-Leeuwarden Court of Appeal) made a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU), asking whether the EU copyright system – notably Directive 2001/29 (the InfoSoc Directive) – allows Member States to extend copyright protection to something like the taste of […]

Peter Lee, ‘Toward a Distributive Agenda for US Patent Law’

Abstract: As commonly understood, the US patent system is a utilitarian regime that employs exclusive rights and market incentives to promote technological progress. Unlike international and foreign regimes, the domestic patent system less explicitly addresses non-utilitarian issues such as access, equity, and distributive justice in conferring and enforcing exclusive rights. This Article, however, challenges this […]

Rantanen and Jack, ‘Patents as Credentials’

Abstract: The conventional explanation for why people seek patents draws on a simple economic rationale. Patents, the usual story goes, provide a financial reward: the ability to engage in supracompetitive pricing by excluding others from practicing the claimed technology. People are drawn to file for patents because that is how these economic rewards are secured. […]

Peter Yu, ‘A Spatial Critique of Intellectual Property Law and Policy’

Abstract: Although geography has had a longstanding and profound impact on the development of intellectual property law and policy, at both the domestic and international levels, geographical perspectives and spatial analysis have thus far not received much attention from policymakers and commentators. Only recently have we seen greater linkage between these two undeniably connected fields. […]

Jessica Litman, ‘Sharing and Stealing’

Abstract: The purpose of copyright is to encourage the creation and mass dissemination of a wide variety of works. Until recently, most means of mass dissemination required a significant capital investment. The lion’s share of the economic proceeds of copyrights were therefore channeled to publishers and distributors, and the law was designed to facilitate that. […]

Thomas Farkas, ‘Data Created by the Internet of Things: The New Gold Without Ownership?’

Abstract: Data has become an asset with a big financial impact. With the extensive use of the Internet which “never forgets”, society has become more transparent than ever. Society also creates more data than ever. The increase of data creation is further catalysed by new technologies and connected devices; it is often referred to as […]

Danny Friedmann, ‘IP in China: Moving closer to the common law system for the sake of uniformity’

“To improve transparency, a uniform application of law, and thus legal predictability towards a commercial rule of law, on 12 April 2017 the Supreme People’s Court (SPC) promulgated an opinion that courts in the People’s Republic of China (China) have to take similar cases into account before making a decision …” (more) Danny Friedmann, ‘IP […]

Jessica Silbey, ‘Heuristic Interventions in the Study of Intellectual Property’

Abstract: In this Essay, I review and elaborate on Dan’s Burk’s On the Sociology of Patenting with three ‘heuristic interventions’ for the study of intellectual property law. These interventions derive from sociology and anthropology, and to some extent also from critical literary theory. Unoriginal in the social sciences, these heuristic interventions remain largely original to […]

James Alexander, ‘Libel and Copyright in the Satire of Peter Pindar’

Abstract: In 1802, the English Chancery Court denied the satirical poet John Wolcot (‘Peter Pindar’) injunctive relief for copyright infringement claimed against his publisher John Walker. While the original agreement between the parties was ambiguous, the ruling was more procedural rather than interpretive. As Wolcot’s verse was always scandalous and arguably libelous, Eldon ruled that […]

Arielle Matza, ‘What’s the (Irreparable) Harm?: Incentivizing Creativity Through Preliminary Injunctions in Copyright Law’

Introduction: … Part I of this Note discusses the traditional four-factor test for preliminary injunctions, with an emphasis on the irreparable harm factor. It examines the evolution of this legal standard in both the Second and Ninth Circuits following eBay, using Garcia and Aereo as the leading cases. Part II highlights the differences between the […]