Category Archives: Intellectual Property

Akron Law Review – Intellectual Property Issue

Trademarks and the COVID-19 Pandemic: An Empirical Analysis of Trademark Applications Including the Terms ‘COVID’, ‘Coronavirus’, ‘Quarantine’, ‘Social Distancing’, ‘Six Feet Apart’, and ‘Shelter in Place’ (Irene Calboli) Emotions and Intellectual Property Law (Margaret Chon) After the Trolls: Patent Litigation as Ex Post Market-Making (Robert Merges) Striking the Right Balance: Following the DOJ’s Lead for […]

Cathay Smith, ‘Political Fair Use’

ABSTRACT During election season, politicians and political campaigns often use pop culture or iconic works, such as viral memes or popular songs, to help convey their political messages – often without authorization from the copyright owners of these works. As politics and politicians become ever more divisive, these unauthorized political uses of copyrighted works can […]

Christie, Dent and Studdert, ‘Evidence of “Evergreening” in Secondary Patenting of Blockbuster Drugs’

ABSTRACT Secondary patents associated with blockbuster drugs are granted for follow-on innovations relating to the active pharmaceutical ingredient (‘API’) of the drug. Our analysis of all secondary patents for 13 top-selling drugs in Australia shows that, while the majority of follow-on innovations are made by entities other than the originator of the drug, the innovations […]

Handler and Burrell, ‘Zombie marks invade New Zealand! How scared should the rest of the world be?’

ABSTRACT It would be natural to suppose that once a trade mark has been expunged from the trade marks register it would cease to have legal force or effect. For many years this was indeed the position in British Commonwealth countries. However, the New Zealand Supreme Court has recently held that a trade mark whose […]

Peter Yu, ‘A Critical Appraisal of the COVID-19 TRIPS Waiver’

ABSTRACT In October 2020, India and South Africa submitted an unprecedented proposal to the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization, calling for a temporary waiver to combat the global pandemic. This waiver aims to suspend Sections 1, 4, 5 and 7 of Part II of the TRIPS Agreement […]

Moerland and Kafrouni, ‘Online Shopping with Artificial Intelligence: What Role to play for Trade Marks?’

ABSTRACT The debate on how artificial intelligence (AI) influences intellectual property protection has so far mainly focussed on its effects for patent and copyright protection. Not much attention has been paid to the effects of artificial intelligence technology for trade mark law. In particular, what has not yet been sufficiently investigated is the question as […]

Lee and Li, ‘The Pathway Towards Digital Superpower: Copyright Reform in China’

ABSTRACT After going through four drafts and several consultations in the past decade, the Third Amendment of Copyright Law was finally adopted in China on 11 November 2020. The new Copyright Law came into effect on 1 June 2021. This report presents a comprehensive analysis of the major changes in the Third Amendment, including originality, […]

Dilan Thampapillai, ‘For What Purpose? The Australian Government and the Use of Creative Commons Licences’

ABSTRACT The Australian Government has overwhelmingly adopted the use of Creative Commons licences to facilitate the dissemination of public sector information. However, very little is understood about the consequences in law and policy of using CC licences online on a mass scale. This article considers whether the Australian Government’s use of CC licences goes beyond […]

Peter Lee, ‘Patent Law’s Externality Asymmetry’

ABSTRACT Technologies such as social media, autonomous vehicles, and ‘big data’ analytics generate enormous benefits for society, but they also create substantial harms. Social media networks spread misinformation, autonomous vehicles threaten driving jobs, and predictive policing based on big data can lead to unreasonable searches and seizures. One of the most significant ways that technology […]

Peter Lee, ‘Autonomy, Copyright, and Structures of Creative Production’

ABSTRACT Whether and how copyright promotes creative expression is the central question of copyright law. The standard rationale – that copyright provides economic incentives to create – has attracted sustained critique. Supplementing existing theories, this Article advances a novel organizational theory for how copyright contributes to creative expression. Drawing on the theory of the firm, […]