Monthly Archives: December, 2024
Christopher Storm, ‘A Series of Historical Accidents, Profits Versus Damages In Reasonable Royalty Calculations’
ABSTRACT The Patent Act of 1946 banned infringer profit awards in utility patent cases by restricting all compensatory awards, including reasonable royalties, to the value of actual damages suffered and by eliminating infringer profits from reasonable royalty estimations. In 1964, the Supreme Court confirmed in Aro Manufacturing v Convertible Top Replacement Co that the 1946 […]
Daniel Gervais, ‘Second-Degree Intellectual Property’
INTRODUCTION … In this Essay, I take a narrower focus. Until the advent of AI, particularly LLMs, there was, as noted above, at least one human creators or inventors who caused the creation or invention to occur. This human involvement gave originality to a copyrighted work or inventiveness to an invention, which made it non-obvious […]
Hong Wu, ‘Data Intellectual Property Registration and Remedies: Yinmu (Shanghai) Technology Co, Ltd v Shujutang (Beijing) Technology Co, Ltd’
ABSTRACT ‘Data intellectual property’ is a unique concept under China’s data property law. Yinmu (Shanghai) Technology Co, Ltd v Shujutang (Beijing) Technology Co, Ltd clarified for the first time that the ‘Data Intellectual Property Registration Certificate’ obtained for the dataset in question could serve as preliminary evidence of Shujutang’s entitlement to the proprietary interests related […]
Cheng-chi (Kirin) Chang, ‘Destination ADR: Chartering a New Course for Airline Passenger Disputes’
ABSTRACT Airline passenger rights in the United States lag behind protections in the European Union (EU), leaving consumers vulnerable. Since the 1978 Airline Deregulation Act (ADA), limited federal oversight and reliance on airline contracts have weakened recourse for passengers facing issues like disruptions, mishandled baggage, and unfair practices. The complex regulatory landscape and high costs […]
Redhead and others, ‘Unlocking the promise of UK health data: considering the case for a charitable GP data trust’
ABSTRACT The UK National Health Service general practice (GP) patient data constitute a rich research resource, but collecting, managing, and sharing patient data present challenges. In May 2021, to address these challenges, substantial changes to the system for processing pseudonymized GP patient data in England were announced. As part of an opt-out process, patient consent […]
Alice Schneider, ‘Analogous Wrongs: Privacy Invasions and Discrimination’
ABSTRACT Privacy scholars and activists frequently argue that one reason for protecting privacy is the danger that personal information could be used for discriminatory purposes. This proposition raises two questions: practically, are privacy rights capable of pre-empting discriminatory treatment; and, if so, is preventing discrimination conceptually part of, or related to, the purpose of privacy […]
Emmanouil Bougiakiotis, ‘The Case for Control Without Consent in Data Privacy Law’
ABSTRACT Consent in data protection law is highly contentious. Critics argue that enabling people to make their own decisions is not feasible, as people are generally poor decision-makers, a problem that is exacerbated by the great volume of privacy notices one needs to read to make good decisions. However, proponents insist on the value of […]
O’Callaghan and Shiner, ‘Privacy 6.0: Privacy as Mental Integrity’
ABSTRACT This chapter suggests that the idea of privacy as mental integrity is an emerging socio-cultural narrative that is likely to shape the legal understanding of privacy in significant ways. We begin the chapter by examining the ways socio-cultural narratives can shape the interpretation, application and development of legal norms. Next, we seek to identify […]
Ayres and Klass, ‘How to Use the New Restatement of Consumer Contracts: A Guide for Judges’
ABSTRACT In the absence of major legislation or regulatory action, US consumers will continue to look to courts and the common law for protection when businesses engage in unfair and deceptive contracting practices. In May 2022, the American Law Association approved the Restatement of the Law, Consumer Contracts. This new Restatement provides a valuable resource […]
Dominik Światkowski, ‘Folk music collectors and intellectual property: ensuring fair compensation without appropriation’
INTRODUCTION Collecting folk music has been a longstanding practice across the globe, evolving with technological advancements over time. It plays a crucial role in safeguarding the culture, customs, traditions, beliefs and narratives of diverse communities. Through the efforts of collectors, numerous melodies and lyrics have been documented or recorded, thereby preserving a wealth of content […]