Category Archives: Intellectual Property

Ilanah Fhima, ‘Brexit: EU27 Position Paper on Intellectual Property’

“The EU27 Position Paper on Intellectual Property sets out the EU Member States’ starting position in relation to pre-existing IP rights as part of the Brexit negotiations.” € Ilanah Fhima, Brexit: EU27 Position Paper on Intellectual Property, Journal of Intellectual Property Law and Practice, Published: 21 December 2017.

Stef van Gompel, ‘Copyright, Doctrine and Evidence-Based Reform’

Abstract Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper […]

Christina Mulligan, ‘Licenses and the Property/Contract Interface’

Abstract End-User License Agreements exist on the property/contract interface, creating rights and obligations whose natures blend in rem and in personam characteristics. This Article argues that EULAs’ hybrid status indicates that these licenses will be most economically efficient and socially beneficial when they are less standardized than property interests and less flexible than contract interests […]

Mike Palmedo, ‘The Impact of Copyright Exceptions for Researchers on Scholarly Output’

Abstract Surveys of scholars in the science and health fields have identified high journal prices to be one of many impediments to the writing and publishing of new works. One possible solution to this problem is the expansion of copyright exceptions that allow unauthorized access to copyrighted works for the purpose of conducting further research. […]

Patrick Goold, ‘Intent in Patent Infringement’

Abstract Response to Saurabh Vishnubhakat, ‘An Intentional Tort Theory of Patents’, 68 Florida Law Review 571 (2016). In ‘An Intentional Tort Theory of Patents’, Professor Vishnubhakat makes two arguments. First, that liability for patent infringement should only be imposed upon defendants who intentionally make, use, or sell, patented inventions. And second, that if patent infringement […]

Elizabeth Rowe, ‘Unpacking Trade Secret Damages’

Introduction … This is the first in-depth empirical analysis of damages in trade secret cases in the US. From an original dataset developed from fifteen years of cases in federal courts, from 2000 to 2014, this Article analyzes the damages awarded on trade secret claims. In addition, a wide range of other variables are incorporated […]

Eleonora Rosati, ‘The Monkey Selfie case and the concept of authorship: an EU perspective’

Abstract The question whether a macaque named Naruto can be regarded as the author of protectable works (self-portrait photographs, ie selfies) has captured popular attention, and has been the subject of litigation in the USA. Further to the 2016 decision of the US District Court for the Northern District of California that rejected that a […]

Thomas Hoppner, ‘EU Copyright Reform: The Case for a New Publisher’s Right’

Abstract This paper investigates the merits of a new related right press publisher. To this end, the paper investigates the economic and technical background and outlines the potential effects of the European Commission’s current proposal for a publisher’s right. The paper comes to the conclusion that the proposed publisher’s right is both justified and proportionate […]

Call for contribution: ‘(Re)imagining intellectual property’, University of Exeter, 16-17 April 2018

Exeter Law School and the New IP Lawyers network are delighted to host their second conference in intellectual property law entitled ‘Intellectual property in transitions: (Re)-imagining intellectual property’ on the 16th and 17th of April 2018. The event aims to gather intellectual property specialists across the world to discuss the impact economic, technological, cultural and […]

Golden and Sandrik, ‘A Restitution Perspective on Reasonable Royalties’

Abstract The law of restitution suggests multiple ways to improve reasonable royalty analysis in patent law. Restitution law has substantial experience in addressing issues that also appear in the assessment of reasonable royalties. These issues include problems of reasonably apportioning value among multiple contributions to an overall activity or outcome, assigning burdens of production and […]