Category Archives: Intellectual Property

Anjali Vats, ‘The Racial Politics of Fair Use Fetishism’

ABSTRACT This short essay argues that the sometimes fetishistic desire on the part of progressive intellectual property scholars to defend fair use is at odds with racial justice. Through a rereading of landmark fair use cases using tools drawing from Critical Race Intellectual Property (‘CRTIP’), it contends that scholars, lawyers, judges, practitioners, and activists would […]

‘BAYC sues Ryder Ripps over unauthorized minting of NFTs’

“The Bored Apes Yacht Club (BAYC) is one of the world’s most prominent and well-known NFT projects by Yuga Labs. On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This […]

Sayed Qudrat Hashimy, ‘Protection of Video Games under Indian and the United States of America Copyright Law’

ABSTRACT Video games raise various legal questions and challenges for the IPR system, mainly due to the complexity and segmentation of the game and there is some particular problem with a particular video like trademark registration, and copyrighted content directly such as sound effects. The current area of the legal protection of video games is […]

Jessica Silbey, ‘New Copyright Stories: Clearing the Way for Fair Wages and Equitable Working Conditions in American Theater and other Creative Industries’

ABSTRACT We need some new intellectual property stories. By stories, I don’t mean entertaining fictions. I mean instead accounts or explanations that make sense of the world as it is lived by everyday people. Most of our relevant intellectual property laws were forged in the mid-twentieth century and have failed to keep pace with the […]

Yang Xiao, ‘A thousand faces of the average consumer: towards a more empirically grounded approach to the infringement test?’

“Painting the image of the average consumer as a central part of the likelihood of confusion (LoC) analysis to address trade mark infringement disputes is essentially a norm-based judicial exercise in the European Union (EU), aiming to pursue policy or normative agendas underpinning trade mark law. Nevertheless, it by no means suggests that empirical evidence […]

Kobi Barkan, ‘(Don’t fear) the reaper – the uneasy case for trade mark stakeholders’

“… This article explores whether trade mark law’s ‘one size fits all’ approach suits the modern marketplace. This article does so in light of the established goals and overarching policy of trade mark law, and suggests that, although the traditional paradigm is suitable to most industries, it may not achieve its intended purpose in others. […]

Pascale Chapdelaine and others, ‘A Modern Copyright Framework for the Internet of Things (IoT): Intellectual Property Scholars’ Joint Submission to the Canadian Government Consultation’

ABSTRACT In response to the Canadian government consultation process on the modernization of the copyright framework launched in the summer 2021, we hereby present our analysis and recommendations concerning the interaction between copyright and the Internet of Things (IoT). The recommendations herein reflect the shared opinion of the intellectual property scholars who are signatories to […]

Brian Frye, Review of Anjali Vats, The Color of Creatorship: Intellectual Property, Race, and the Making of Americans

ABSTRACT This essay is a contribution to a review symposium published in the IP Law Book Review on Anjali Vat’s book The Color of Creatorship: Intellectual Property, Race, and the Making of Americans (Stanford University Press 2020). Frye, Brian L, Review of Anjali Vats, The Color of Creatorship: Intellectual Property, Race, and the Making of […]

Douglas Campbell, Review of Research Handbook on Design Law (Hartwig Henning ed)

Research Handbook on Design Law, Hartwig Henning (ed), Edward Elgar, 2021, ISBN: 9781781955871, Hard cover, 584 pp. Price: £215. You are always warned against judging a book by its cover. In this instance, the advice is wrong. The front cover shows an illustration of the Statute of Liberty, which was registered for design protection on […]

Manwaring, Kearnes, Morgan, Munro, Pala and Samarakoon, ‘What does a right to repair tell us about our relationship with technology?’

ABSTRACT This article examines the recommendations of the recent Productivity Commission Inquiry regarding the right to repair through the lens of social issues surrounding the right to repair movement. It describes the right to repair movement in Australia and globally and examines which repair practices are considered important by the Commission, and the limitations of […]