Category Archives: Intellectual Property

‘Why was there a need for a Trade Secrets Directive? An Italian perspective’

“As readers know, the adoption of the EU Trade Secrets Directive has required Member States to amend their own laws in order to transpose this new piece of EU legislation into their own systems. However, not all countries had to account for a major shift in trade secrets protection, Italy being an example …” (more) […]

‘Swedish Supreme Court finds hypothetical licence fee too hypothetical’

“When it comes to calculation of damages in copyright infringement cases, what is the correct approach to follow? Is the price of a ‘hypothetical licence’ a good criterion? Katfriend Hans Eriksson (Westerberg and Partners) discusses a very recent decision of the Swedish Supreme Court, which has answered the latter question …” (more) [Eleonora Rosati, The […]

Grinvald and Tur-Sinai, ‘Intellectual Property Law and the Right to Repair’

ABSTRACT … this Article’s thesis holds that intellectual property laws should not be used to inhibit the right to repair from being fully implemented. In support of this claim, this Article develops a theoretical framework that enables justifying the right to repair in a manner that is consistent with intellectual property protection. In short, the […]

Michael Henderson, ‘Applying Tort Law to Fabricated Digital Content’

INTRODUCTION … This Note will seek to examine the potential legal implications of the misuses of digital fabrication technologies and the ways in which the existing legal framework should be altered to allow victims harmed by the misuse of these technologies to recover damages under a ‘reasonable publisher’ standard. Part I will analyze the development […]

Christopher Yoo, ‘Self-Actualization and the Need to Create as a Limit on Copyright’

ABSTRACT Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts. This Chapter argues that the conventional […]

‘Lunney’s Paradox: More Copyright May Lead to Less Creativity’

Glynn Lunney, Copyright’s Excess: Money and Music in the US Recording Industry (2018). The title of Glynn Lunney’s new book, Copyright’s Excess, presents a puzzle for those of us who have reflected on the nature and function of copyright law. Copyright is typically justified as a system of incentives. By giving authors (and by contract, […]

Derclaye and Taylor, ‘Happy IP: Replacing the Law and Economics Justification for Intellectual Property Rights With a Well-Being Approach’

ABSTRACT The dominant justification for intellectual property rights at least in the West and international treaties is utilitarian, and more precisely based on the Chicago School of Law and Economics (first section). However, this school of thought is both flawed and ideological (second section). Basing protection solely on the economic aspect of utility (i.e. income) […]

‘“Let Me Be Frank”: Kevin Spacey gambles with infringement’

“… Setting aside any controversy over the video, has Spacey infringed any intellectual property rights by going ‘off script’ and impersonating Frank Underwood without (it seems) Netflix’s blessing? It is well-nigh impossible to imagine that any Spacey’s video is made of shots or off-cuts taken from the Netflix series (the image and editing quality simply […]

‘Bruno Latour, Mario Biagioli, and the Rhetoric of “Balance” in IP Law (and Climate Change)’

“… We might initially assume Biagioli’s article, entitled Weighing intellectual property: can we balance the costs and benefits of patenting?, is another article addressing the costs and benefits of IP, and bemoaning the deficits in the empirical evidence. Biagioli’s conclusion that ‘we are unable to measure the benefits that IP has for inventors or the […]

‘Book Review: The Subject Matter of Intellectual Property by Justine Pila’

“In this book, The Subject Matter of Intellectual Property, Justine Pila (University of Oxford) undertakes a word:thing exercise in IP. Studying terms such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’ in context of their use by legal officials, the book offers a definition of each of the terms with reference to objects which they […]