Monthly Archives: October, 2018

ABC v Telegraph Media Group: NDAs and Interim Injunctions, is there ever a public interest in breach of confidence?’

“The case of ABC v Telegraph [2018] EWCA Civ 2329 raises a number of current and important legal issues about interim injunctions, confidential information and the legitimacy of the use of non-disclosure agreements (NDAs). That was before the disclosure made in Parliament late last week, and the case now raises equally current and important legal […]

‘Why are security interests and legal entities both widely used?’

“Why are security interests and legal entities both widely used? The prevailing answer in legal scholarship is that both bodies of law exist to partition assets for the benefit of designated creditors. (1) This view is not merely an academic matter; rather, it is exemplified by many financial products, such as asset securitizations. In a […]

Brian Frye, ‘Metaphors on Trademark: A Response to Adam Mossoff, “Trademark as a Property Right”’

Abstract In his essay, ‘Trademark as a Property Right’, Adam Mossoff argues that trademark ‘is’ a property right, because it can be, has been, and should be conceptualized as analogous to ‘use-rights’ in physical property. This response to Mossoff’s essay agrees with his historical claim that courts have analogized trademarks to use-rights, and also agrees […]

‘60 years BIICL, 50 years Brussels Regime, 60 years New York Convention’

“In 2018, not only the British Institute of International and Comparative Law (BIICL) celebrates a round birthday, but also the two most important regimes for cross-border cooperation in civil and commercial litigation and arbitration – the Brussels Regime (1968), to which the United Kingdom acceded 40 years ago, and the New York Convention on the […]

Abril, Blázquez and Martínez Evora, ‘The Right of Withdrawal in Consumer Contracts: A Comparative Analysis of American and European Law’

Abstract The aim of this paper is to compare the regulation of the right of withdrawal in US and European Law. Both coincide in granting the right of withdrawal to a special category of individuals, namely consumers, due to the situation of information asymmetry in which they find themselves vis-à-vis traders. In addition, the consumer […]

Burrell and Kelly, ‘Myths of the medical methods exclusion: medicine and patents in nineteenth century Britain’

Abstract This paper explores the interaction of British medical practitioners with the nascent intellectual property system in the nineteenth century. It challenges the generally accepted view that throughout the nineteenth century there was a settled or professionally agreed hostility to patenting. It demonstrates that medical practitioners made more substantial use of the patent system and […]

Sharon Sandeen, ‘The Myth of Uniformity in IP Laws’

Abstract When Congress enacts federal laws, it is often because of the asserted benefits of a ‘uniform’ law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. In fact, the uniformity argument was a primary justification for the enactment of both the Defend Trade Secrets Act of 2016 […]

Paula Giliker, ‘Comparative Law and Legal Culture: Placing Vicarious Liability in Comparative Perspective’

Abstract Vicarious liability – that is, strict liability for the torts of others – is a doctrine that crosses legal systems. It is found not only in common law systems but also in civil law and hybrid socialist legal systems, such as that of China. The formulation of vicarious liability set out in Article 34 […]

Peel, Osofsky and Foerster, ‘A “Next Generation” of Climate Change Litigation?: An Australian Perspective’

Abstract Since conclusion of the Paris Agreement and the high-profile Urgenda case, potential new avenues for strategic climate litigation have received considerable attention in many countries, including Australia. Australia already has a substantial climate jurisprudence, primarily involving administrative challenges under environmental laws. This paper aims to examine the prospects for a ‘next generation’ of cases […]

‘Sir Philip Green granted injunction by Court of Appeal for breach of confidence’

“ABC & Ors v Telegraph Media Group [2018] EWCA Civ 2329. The Court of Appeal has overturned a decision of the High Court and granted a business executive (anonymised at first but later revealed to be Sir Philip Green) an interim injunction on the basis of breach of confidence, pending a full expedited trial. The […]