Category Archives: Intellectual Property

‘Fromer: Machines as Keepers of Trade Secrets’

“I really enjoyed Jeanne Fromer’s new article, Machines as the New Oompa-Loompas: Trade Secrecy, the Cloud, Machine Learning, and Automation, forthcoming in the NYU Law Review and available on SSRN. I think Professor Fromer has an important insight that more use of machines in businesses, including but not limited to increasing automation (ie using machines […]

‘Camilla Hrdy on Trade Secrets and Their Discontents’

“In this episode, Camilla Hrdy, Associate Professor of Law at the University of Akron School of Law, discusses her article ‘The General Knowledge, Skill, and Experience Paradox’, which will be published in the Boston College Law Review. Hrdy begins by explaining what a trade secret is and when trade secrets are protected and can be […]

‘Measuring Patent Thickets’

“Measuring the effect of patenting on industry R&D is an age old pursuit in innovation economics. It’s hard. The latest interesting attempt comes from Greg Day (Georgia Business) and Michael Schuster (OK State, but soon to be Georgia Business). They look at more than one million patents to determine that large portfolios tend to crowd […]

Masur and Mortara, ‘Patents, Property, and Prospectivity’

ABSTRACT When judges change the legal rules governing patents, those changes are always retroactive. That is, they apply equally to patents that have already been granted and patents that do not yet exist. There are benefits to making a change in the law retroactive, particularly if the new legal rule is an improvement over what […]

‘AWPLN: Second post for 2019: news and publications’

“Publications. We have been informed of the following relevant publications over the last few months: Elise Bant and Jeannie M Paterson, ‘Fines that’ll hurt. ASIC’s powerful, if ill-fitting teeth’ The Conversation, 27 February 2019; …” (more) [AWPLN, 30 April]

Florian Martin-Bariteau, ‘The Idea of Property in Intellectual Property’

ABSTRACT With recent developments in technology, the nature of intellectual ‘property’ law is constantly evolving. Yet, there remains a distinct recognition among legal scholars that the origin of intellectual ‘property’ rights (“IPRs”) is rooted in traditional concepts of property law. Such a qualification presents significant challenges in the legal sphere as it paints a false […]

BJ Ard, ‘More Property Rules than Property? The Right to Exclude in Patent and Copyright’

ABSTRACT Patent and copyright rely more consistently on property rules than property law itself. While IP law is intended to enhance intellectual production, the property-rule remedies of injunctive relief and punitive damages sometimes conflict with this goal. In particular, these remedies may dampen innovation by imposing unjustified costs on unwitting infringers and allowing opportunists to […]

What’s Real? – IP from a Property Theory Perspective: Santa Fe, New Mexico, 1 June 2019

IPIL’s National Conference, traditionally held in Santa Fe, New Mexico, has through the years provided scholars a unique setting to develop, debate and deploy commentary and policy proposals concerning intellectual property and information law … (more)

Daniel Gervais, ‘The Machine As Author’

ABSTRACT  The use of Artificial Intelligence (AI) machines using deep learning neural networks to create material that facially looks like it should be protected by copyright is growing exponentially. From articles in national news media to music, film, poetry and painting, AI machines create material that has economic value and that competes with productions of […]

Shyamkrishna Balganesh, ‘The Genius of Common Law Intellectual Property’

ABSTRACT Among Richard Epstein’s influential contributions to legal scholarship over the years is his writing on common law intellectual property. In it, we see Epstein’s attempt to meld the innate logic of the common law’s conceptual structure with the realities of the modern information economy. Common law intellectual property refers to different judge made causes […]