Category Archives: Intellectual Property

‘David Simon: Trademark Law and Consumer Safety

“I was happy to read David Simon’s new article, ‘Trademark Law and Consumer Safety’, forthcoming in the Florida Law Review. Simon argues trademark law should pay more attention to the physical harms that products pose for consumers, rather than just economic harms. The conventional view is that trademark law exists to prevent consumer confusion and […]

Gabison and Buiten, ‘Platform Liability in Copyright Enforcement’

ABSTRACT Every year, millions of dollars are invested and spent on works covered by copyright. However, in the platform economy, where most content is currently stored and viewed, copyright holders face infringements of their rights at an ever-increasing scale. While Section 230 of the Communications Decency Act serves a useful speech-protecting function, unless the United […]

Séverine Dusollier, ‘The 2019 Directive on Copyright in the Digital Single Market: Some progress, a few bad choices, and an overall failed ambition’

ABSTRACT After four years of fierce debate, the Directive on Copyright in the Digital Single Market was finally adopted in April 2019. The legislative text aims at adapting copyright to the digital world, remedying some gaps and uncompensated uses of works and other subject matter, and enhancing some valuable uses through new or reaffirmed exceptions. […]

‘Implementations of article 17 of the DSM directive should be Free Speech by Design’

“The new Directive for Copyright in the Digital Single Market (‘DSM Directive’) was a controversial piece of legislation. Notably, its article 17 has raised many concerns for its impact on fundamental rights, and particularly freedom of expression. In contrast to the mostly declarative or procedural guarantees included in the directive, I argue that an effective […]

‘Copyright – Performing Right Society Ltd v Qatar Airways Group QCS

“This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those […]

Mike Overby, ‘Copyright Holders Are Landlords and it’s Not OK’

ABSTRACT In April, Brian L Frye released ‘OK Landlord: Copyright Profits are Just Rent’, an article I absolutely adore that expresses an idea I absolutely agree with. Brian insists that if copyright holders wish to treat their copyrighted works as real property and insist on their right to be paid for it as a use […]

Jane Ginsburg, ‘Fair Use in the United States: Transformed, Deformed, Reformed?’

ABSTRACT Since the United States Supreme Court’s 1994 adoption of ‘transformative use’ as a criterion for evaluating the first statutory fair use factor, ‘transformative use’ analysis has engulfed all of fair use, becoming transformed, and perhaps deformed, in the process. A finding of ‘transformativeness’ often foreordained the ultimate outcome, as the remaining factors, especially the […]

Jose Montes, ‘Implications of 3D Printing on Economy, Value Chains, and Intellectual Property’

ABSTRACT This work describes how 3DP economics differ from those of traditional manufacturing and distribution, the early ties between the ‘maker’ movement and the 3D printing (3DP) industry, and foreseeable 3DP impacts on value chains. This paper also analyzes how 3DP influences the pertinence, scope, and enforcement of several intellectual property (IP) rights instruments, and […]

Irene Calboli, ‘Trade mark licensing and Covid-19: why fashion companies have a duty to comply with their legal obligations’

“For the past several months, Covid-19 has dominated the intellectual property (IP) debate. Most discussions have focused on the implications of patent protection on access to treatments against the virus and a hopefully soon to be found vaccine. In these remarks, I would like to focus on another Covid-19 crisis making headlines across the world […]

‘Distribution, Public Values, and Private Law’: Michigan State Law Review symposium

Restructuring United States Government Debt: Private Rights, Public Values, and the Constitution (Julia D Mahoney) How Cities Fail: Service Delivery Insolvency and Municipal Bankruptcy (Clayton P Gillette) National Sovereignty and International Patent Law (Robert Merges) The Qualities of Public Servants Determine the Quality of Public Service (Matthew C Stephenson) University Patenting: Is Private Law Serving […]