Category Archives: Intellectual Property

‘Guest Book Review: Research Handbook on Design Law

“Designs overlap with all the other IP rights and are vital for a wide range of industries from fashion to automotive. I was delighted to have the opportunity to read and review the Research Handbook on Design Law edited by Henning Hartwig, Bardehle Pagenberg, Munich, Germany. It is a hefty tome with a rupture factor […]

Kara Swanson, ‘Inventing While a Black Woman: Passing and the Patent Archive’

ABSTRACT This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an accurate record of US […]

Martin Senftleben, ‘No Trademark Protection for Artworks in the Public Domain – A Practical Guide to the Application of Public Order and Morality as Grounds for Refusal’

ABSTRACT With its 2017 landmark decision in Vigeland, the Court of Justice of the European Free Trade Association States (EFTA Court) has paved the way for the invocation of public order and morality as grounds for refusal when trademark protection is sought for cultural expressions in the public domain. Dealing with an attempt to register […]

Sancho McCann, ‘Copyright Throughout a Creative AI Pipeline’

ABSTRACT … I will first present the training and use of a creative program based on a neural network, a popular model that forms the basis of state-of-the-art creative AIs. Then, I will examine each of the issues just raised: 1. Does the person managing the automatic training of a neural network’s parameters obtain a […]

‘Tokenization of intellectual property for IP rights management’

“Interest in blockchain technology, tokens, and IP, continues apace. Consider the recent WIPO webinar, ‘Blockchain Whitepaper for IP Ecosystems’, at which the view was expressed that the future of IP management rights could include a solution that utilizes tokens, and, in particular, non-fungible tokens. While the tokenization of IP, namely for anti-counterfeiting purposes, was already […]

Martin Senftleben, ‘EU Copyright 20 Years After the InfoSoc Directive – Flexibility Needed More Than Ever’

ABSTRACT EU copyright legislation has cultivated the constraining function of the three-step test known from Article 9(2) of the Berne Convention, Article 13 TRIPS and Article 10 of the WIPO Copyright Treaty. Instead of transposing into EU law the dualistic concept of these international provisions – the enabling function that creates room for the adoption […]

Richard Garnett, ‘Intellectual Property and Private International Law: Strangers in the Night?’

ABSTRACT The relationship between intellectual property (IP) and private international law (PIL) has become fraught with tension. Now that the digital networked environment provides scope for simultaneous multi-territorial communication of works and trade symbols and consequent global infringements of rights in such material, the problem of cross-border enforcement of IP rights cannot be ignored. An […]

Alexandra Giannopoulou, ‘“Sharing Is Caring”: Creative Commons, Transformative Culture, and Moral Rights Protection’

ABSTRACT The practice of sharing works free from traditional legal reservations, aims to mark both ideological and systemic distance from the exclusive proprietary regime of copyright. The positive involvement of the public in creativity acts is a defining feature of transformative culture in the digital sphere, which encourages creative collaborations between several people, without any […]

Keith Porcaro, ‘In trust, data’

ABSTRACT This essay explores how the trust, and specifically the asset management functions that trust law affords, can be used to ameliorate select digital governance challenges. A trust’s ability to isolate assets can protect public interest technology projects against organizational failure, facilitate archiving and study of proprietary and deprecated software, and help multi-party data-sharing collaborations […]

‘The Future of Copyright in the Age of Artificial Intelligence’: Book Launch, Zoom, 24 January 2022

Book Launch with comments by: Peter Menell (UC Berkeley School of Law); Giuseppina D’Agostino (York University, Osgoode Hall Law School); Stavroula Karapapa (University of Essex School of Law) … (more, registration)