Category Archives: Intellectual Property

‘Can Amazon be directly liable for trade mark infringement? A new CJEU referral’

“Is it a trade mark infringement to, eg, advertise, offer, stock and ship goods carrying a sign identical or similar to a registered sign? The answer is not a difficult one to provide: Articles 10 TMD and 9 EUTMR clearly indicate that these activities amount to prima facie infringement. Things, however, get more complicated when […]

Matheson and Kirkinis, ‘Compulsory licence and Crown use provisions in the Covid-19 pandemic – the Australian perspective’

INTRODUCTION Australia, like many sovereign states, has compulsory licence and Crown use (also known as government authorization) provisions in its domestic legislation, which are derived from historical bases and standards set in international agreements. In the context of the ongoing global COVID-19 pandemic, there has been considerable speculation that the pressures facing governments and manufactures […]

Adrian Kuenzler, ‘Intellectual property on the cusp of the intangible economy’

Social scientists envisage that the impending era of information technology will be a period marked by a transformation from an economy based on physical scarcity to one grounded in intangible rarity, ie, an economy in which tangible property is increasingly marginal to the exercise of economic exchange relationships and is gradually replaced by seamless one-to-one […]

Lemley and Robbins, ‘Recent Developments in Patent Law 2021’

ABSTRACT A summary of the most important patent decisions from May 2020 through April 2021. Lemley, Mark A and Robbins, Tyler, Recent Developments in Patent Law 2021 (May 5, 2021). Stanford Public Law Working Paper forthcoming.

Patrick Goold, ‘A Radical Restructuring? A Response to Bell and Parchomovsky, “Restructuring Copyright Infringement”, 98 Texas Law Review 679 (2020)’

INTRODUCTION In ‘Restructuring Copyright Infringement’, Abraham Bell and Gideon Parchomovsky call for a ‘radical reform in the way copyright law assigns liability’. The authors propose to split copyright infringement into three distinct categories – inadvertent, standard, and willful – and to tailor the remedies offered to the copyright holder in each case. Under this system, […]

Tuomas Mylly, ‘The New Constitutional Architecture of Intellectual Property’

ABSTRACT The chapter sketches some of the central features of the new constitutional architecture in the context of intellectual property (IP). In particular, I will study the characteristics of the related constitutional developments from the perspective of social acceleration. This zooms the focus into novel developments of IP beyond mainstream constitutional discourses. Politics under permanent […]

‘Meghan Markle delivers second humiliating blow to the Mail On Sunday as she wins copyright claim’

“The final element of the Mail on Sunday’s defence in the privacy and copyright case brought against it by Meghan, Duchess of Sussex, has gone down in flames in the London High Court, further deepening the paper’s humiliation. Its longstanding insistence that someone helped her write the disputed letter to her father – and that […]

Emmanuel Salami, ‘AI-generated works and copyright law: towards a union of strange bedfellows’

INTRODUCTION Copyright law vests in original works of authorship. However, most European Union (EU) copyright instruments do not clearly specify whether an ‘author’ is a natural and/or legal person. EU Member States have also adopted divergent interpretations of ‘authorship’. Though it appears that there might be a preference for the definition of an author as […]

Jane Ginsburg, ‘Comment on Andy Warhol Foundation for the Visual Arts, Inc v Goldsmith, 992 F 3d 99 (2d Cir 2021)’

ABSTRACT The Second Circuit’s decision in Andy Warhol Foundation v Goldsmith retreats both from its prior caselaw’s generous characterization of artistic reuse as ‘transformative’, and from the outcome-determinacy of a finding of ‘transformativeness’. The decision suggests both that courts may be applying a more critical understanding of what ‘transforms’ copied content, and that courts may […]

Saw and Chan, ‘Understanding Post-Employment Obligations of Confidence and Confidentiality in Compilations of Data’

ABSTRACT This article closely examines two specific areas in the law of confidence. The first concerns erstwhile employer–employee relationships and the various obligations of confidentiality that may bind an employee – including individuals who find themselves in positions analogous to employees – after the contract of employment has come to an end. The second relates […]