Category Archives: Intellectual Property

‘What’s happening with proposals for a WTO waiver of COVID-related IP?’

“If COVID-19 were a pandemic movie, we’d be very close to the end since we’ve identified several excellent vaccines; the conventional biomedical innovation narrative often ends with the product being fully developed. But we’ve still got a long way to go with COVID-19, and the biggest challenge is getting the vaccines to billions more people […]

‘Amendment of German patent law: small step or giant leap for proportionality?’

“As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here, earlier Katpost here, news coverage here]. Though the amendment contains various reforms – including an effort obtain quicker validity decisions to close […]

‘Profiting Off Infringement’

Kristelia Garcia, ‘Monetizing Infringement’, 54 University of California at Davis Law Review 265 (2020). It’s hard to imagine people tolerating intentional violations of their physical autonomy, never mind seeking to monetize such behaviors. But as Kristelia García argues in her new essay, ‘Monetizing Infringement’, many copyright owners find this strategy appealing. According to copyright’s standard […]

Frosio and Bulayenko, ‘Website blocking injunctions in flux: static, dynamic and live’

“In Europe, website blocking is a popular tool to contrast online copyright and intellectual property rights (IPRs) infringement. The InfoSoc Directive and the IPR Enforcement Directive (IPRED) make available blocking injunction as a remedy to protect IPRs throughout the EU, although these measures are not implemented and applied in a uniform manner among the Member […]

Robin Feldman, ‘Incentivizing Failure’

ABSTRACT Patents should incentivize success; they are not intended to be a participation trophy. But when it comes to pharmaceuticals, courts, law-makers and industry researchers alike operate under the assumption that the patent incentive should compensate drug-makers for their failures, too. This understanding comprises a dramatic departure from the theory and history of patent law. […]

‘Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

“The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours. Senftleben has responded laudably to addressing this colossal challenge by writing a scholarly book which is […]

Péter Mezei, ‘“You AIn’t Seen Nothing yet” – Arguments against the Protectability of AI-generated Outputs by Copyright Law’

ABSTRACT Artificial Intelligence (AI) has become a part of our daily life, and ‘algorithmic creativity’ and the protection of it by copyright law has similarly gained a spotlight recently. This article collects the key arguments against the proposal of such protection. The core elements of copyright law – namely the concept of authorship, originality and […]

Tabrez Ebrahim, ‘Intellectual Property Through a Non-Western Lens: Patents in Islamic Law’

ABSTRACT The intersection of secular, Western intellectual property law and Islamic law is undertheorized in legal scholarship. Yet the nascent and developing non-Western law of one form of intellectual property – patents – in Islamic legal systems is profoundly important for transformational innovation and economic development initiatives of Muslim-majority countries that comprise nearly one fifth […]

‘Commercial Law in Times of Crises: Intellectual Property and Technology Law’

“Special thanks to the Centre for Commercial Law at the University of Aberdeen for organising this conference which presented the platform to discuss contemporary legal issues with a focus on commercial law. The theme of the conference ‘Commercial Law in Times of Crises’ reflects the current state of the world as the Covid 19 pandemic […]

‘Book review: Research Handbook on Trademark Law Reform

“At first glance, this book might easily be overlooked. The title’s suggestion of legislative reform processes could scare off readers. Because the editors are US-based scholars and the EU’s quaint spelling of ‘trade mark’ is not used in the title, non-American readers might think the book is not for them. And the cover art somehow […]