Category Archives: Intellectual Property

Thomas Cotter, ‘Damages for Noneconomic Harm in Intellectual Property Law’

ABSTRACT This Article provides a comprehensive analysis of awards of ‘noneconomic’ damages for reputational and emotional harm in intellectual property (IP) law, including trademarks, copyright and moral rights, the right of publicity, and patent law. The Article discusses, among other matters, the Second Circuit’s recent decision in Castillo v G&M Realty LP, affirming a $6.75 […]

Boruah and Baruah, ‘Strategy for Developing Intellectual Property and its Relevance in Maximizing Benefits for an Organization: A Review of its Technicalities’

ABSTRACT In recent years the entire globe has witnessed a magnificent growth in the sectors of technology and creative industries which in turn has increased the concern of private enterprises for the development and management of Intellectual property (IP). IP includes those inventions – literary or artistic work, design, symbols, names, images, or any other […]

Liam Sunner, ‘How the European Union is expanding the protection levels afforded to Geographical Indications as part of its global trade policy’

“It can be said that the conceptual scope of intellectual property (IP) is a dynamic one, exponentially moving beyond the more limited original application. In addressing this evolution, the EU has taken numerous steps to account and facilitate the expansion to the conceptual scope. One key area has been the expansions to which well exemplify […]

Daniel Seng, ‘Copyrighting Copywrongs: An Empirical Analysis of Errors with Automated DMCA Takedown Notices’

ABSTRACT Under the Digital Millennium Copyright Act (DMCA), reporters issuing takedown notices are required to identify the infringed work and the infringing material and provide their contact information (functional formalities), attest to the accuracy of such information and their authority to act on behalf of the copyright owner, and sign the notices (non-functional formalities). Online […]

Thomas Ryan, ‘Is Truth Hanging on by a Thread?’

“… The goal of this Comment is to encourage lawmakers to pressure social media companies to fight disinformation by applying 47 USC § 230 of the United States Communication Decency Act (‘Section 230’ or ‘CDA’). This Comment will look at the emergence of deepfakes, how they are made, and the potential benefits and harms of […]

Josef Drexl and others, ‘Artificial Intelligence and Intellectual Property Law’

ABSTRACT This Position Statement presents a broad overview of issues arising at the intersection of AI and IP law based on the work of the Max Planck Institute for Innovation and Competition research group on Regulation of the Digital Economy. While the analysis is approached mainly from a perspective de lege lata, it also identifies […]

Matthew Bodie, ‘The Law of Employee Data: Privacy, Property, Governance’

ABSTRACT The availability of data related to the employment relationship has ballooned into an unruly mass of personal characteristics, performance metrics, biometric recordings, and creative output. The law governing this collection of information has been awkwardly split between privacy regulations and intellectual property rights, with employees generally losing on both ends. This Article rejects a […]

Upasana Borah, ‘Legal Research Methodology and Copyright Law’

ABSTRACT As contributors of legal fraternity judges, lawyers, academicians, researchers and college students constantly have interaction in prison studies and writing, the prison researchers and writers play a double function of their educational exercising as each creators and customers of copyrighted materials. It means, they’ve rights and obligations in regards to copyright regulation. The gift […]

‘ILA “Kyoto Guidelines on Intellectual Property and Private International Law” published with comments’

“The International Law Association’s Committee on ‘Intellectual Property and Private International Law’ has finished its work with the adoption and publication of the ‘Kyoto Guidelines on Intellectual Property and Private International Law’. The Guidelines are the outcome of an international cooperation of a group of 36 scholars from 19 jurisdictions lasting for ten years under […]

Marina Rothberg, ‘The Customer Is Always Right: Trademark Law and Generic Website Names in US Patent and Trademark Office v Booking.com BV

ABSTRACT In 2020, in US Patent and Trademark Office v Booking.com BV, the Supreme Court clarified that the owner of a website with a descriptive domain name could trademark the name, even if it were styled ‘generic.com’, as long as it had acquired secondary meaning to consumers. Justice Breyer, in his dissent, vigorously argued that […]