Category Archives: Intellectual Property

Toshiko Takenaka, ‘Book Review (Reviewing Henning Hartwig ed, 2021, Research Handbook on Design Law)’

ABSTRACT This review discusses a book that examines design protection by different types of intellectual property rights in multiple jurisdictions. The editor, Dr Hartwig, a leading design law practitioner involved in the landmark decisions of the Court of Justice for European Union (CJEU), selected fundamental and advanced topics of product design protection; the world’s leading […]

‘No “German injunction gap” expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses “some regret”’

“After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. The second of these decisions, Abbott v Dexcom [2021] EWHC 2246, concerned Abbott’s latest application to expedite a patent […]

Peter Nicolas, ‘Harmonizing Music Theory and Music Law’

ABSTRACT Attorneys, judges, and jurors litigating and adjudicating music copyright disputes find themselves at the intersection of two complex fields, US copyright law and music theory. While most generalist judges – and the attorneys representing clients in such cases – have at least some experience with the former, very few have formal training or informal […]

Yangzi Li, ‘Does black-box machine learning shift the US fair use doctrine?’

“Machine learning (ML) has been widely used in not only daily life (eg online platforms) but also in professional fields (eg medical care, astronomy). However, it is noteworthy that most ML confronts a common Black-box Problem, which is deemed as one of the great policy issues with many ML. In Bathaee’s words, the Black-box Problem […]

Eleonora Rosati, ‘Linking and Copyright in the Shade of VG Bild-Kunst

ABSTRACT In VG Bild-Kunst, the Grand Chamber of the ECJ has expressly held, for the first time, that linking to a copyright work lawfully published on a third-party website may be restricted through contract and not solely through technical restrictions on access (for instance, a paywall). To this end, however, the concerned rightholder is required […]

‘Supreme Court Rules on Copyright in the University’

“On July 30th, the Supreme Court of Canada issued a decision in York University v Canadian Copyright Licensing Agency (Access Copyright) that the university and its students were not required to pay the Access Copyright tariff intended to cover royalty payments associated with the distribution of the ‘readings’ assigned in students’ courses at the university […]

Saurabh Vishnubhakat, ‘Patent Inconsistency’

ABSTRACT Despite the promise of efficiency through the use of expert agency adjudication in US patent law, administrative substitution continues to fall short. In a variety of ways, the decade-old system of Patent Office adjudication is simply an additional place to litigate rather than the robust technocratic alternative it was meant to be. These problems […]

Chao and Duncan, ‘Why Patent Monopsonies Increase Consumer Welfare’

ABSTRACT Technical standards are an essential part of how the modern world operates. Standards enable different devices to communicate with each other, use the same power supply and even exchange data. These standards are created by groups of companies coming together through standard settings organizations (SSOs). Besides defining standards, SSOs set policies that affect how […]

‘SDNY Rejects Lady Duff Argument, Knee-Capping Plaintiffs’

“In Sharkey v Zimmer USA Inc, the District Court for the Southern District of New York granted defendants’ motion to dismiss, notwithstanding Plaintiffs’ invocation of the seminal case, Wood v Lucy, Lady-Duff Gordon. Plaintiffs Sharkey and Leinberry (Plaintiffs) invented subchondroplasty (SCP), a minimally invasive surgical technique. In 2008, in exchange for $100,000 and a 3% […]

Duncan Matthews, ‘Reappraising the Relationship between Intellectual Property Rights and Human Rights: A COVID-19 Pandemic Response’

ABSTRACT The Covid-19 pandemic, the greatest global health crisis of our times, has highlighted profound inequities in the manufacture and supply of diagnostics, treatments, and vaccines to health care systems worldwide. Crucially, it has revealed structural fault lines in the international intellectual property (IP) architecture. This has strained relations between those who assert that the […]