Monthly Archives: September, 2021

‘Australian court says that AI can be an inventor: what does it mean for authors?’

“In July this year, the Federal Court of Australia handed down a decision in Stephen L Thaler [2021] APO 5, which allowed listing AI system DABUS as an inventor in a patent application. It is interesting to explore what implications this decision could have in the field of copyright …” (more) [Rita Matulionyte, Kluwer Copyright […]

Hidenori Takahashi, ‘Justice Delayed is Justice Denied: Strategic Settlements in Medical Malpractice Lawsuits’

ABSTRACT Delayed justice jeopardizes the function of a just and fair system, disturbing the balance of bargaining powers among litigants in negotiating settlement agreements. We empirically demonstrate that delayed justice brings about heterogeneous responses in the timing of a settlement: the hazard rate of settlement with compensation rises whereas the hazard rate of settlement without […]

M Konrad Borowicz, ‘A Theoretical Framework for Law and Macro-Finance’

ABSTRACT What role (if any) should the design of the legal protections of creditors in bankruptcy law play in the regulatory frameworks for financial markets? In this paper, I consider the effects of such protections within the macro-financial theory of leverage cycles of John Geanakoplos. The central tenet of the theory is that leverage is […]

Juha Vesala, ‘Press publishers’ right and artificial intelligence’

ABSTRACT This Chapter examines the application of the press publishers’ related right to AI-based news production. It analyses the conditions under which AI-generated news content can be protected by the related right and the risk that infringement of the related right poses to AI-based news production. The Chapter concludes that there is no fundamental obstacle […]

Nausica Palazzo, ‘Marriage Apostates: Why Heterosexuals Seek Same-Sex Registered Partnerships’

ABSTRACT Same-sex marriage is now a reality across Western countries. While this was a positive achievement for the LGBTQ community, some crucial questions remain unanswered. One of these questions concerns the future of nonmarital statuses, such as domestic partnerships or civil unions. After the legalization of same-sex marriage, US states are simply phasing them out. […]

Alexander Tsoutsanis, ‘Back to the future: from Brexit to IP 4.0 – reshaping Paris, Berne and TRIPS for the 21st century’

“Last week, the New York Times published an article with the headline – ‘WHAT IS BREXIT, HOW IS IT GOING and WHAT DOES THE FUTURE HOLD’? There is no point to address the first headline to the readership of JIPLP. As ‘reasonably well-informed, observant and circumspect’ readers, we all know what Brexit is. The second […]

Gregory Ablavsky, Review of Claire Priest, Credit Nation: Property Laws and Institutions in Early America

Claire Priest, Credit Nation: Property Laws and Institutions in Early America (Princeton: Princeton University Press, 2021) pp 248. USD 39.95 (hardcover). ISBN 978-0691158761. When I teach property law, students are often surprised to discover how strongly American law favors alienability – the free sale and transfer of property, especially land. They sometimes ask how this […]

Moringiello and Odinet, ‘The Property Law of Tokens’

ABSTRACT Non-fungible tokens – or NFTs, as they are better known – have taken the world by storm. The idea behind an NFT is that by owning a certain thing (specifically, a digital token that is tracked on a blockchain), one can hold property rights in something else (either a real or intangible asset). In […]

Derek Gretkowski, ‘Claim-Limitation Estoppel – A Framework to Narrowing Claims in Multi-Patent Litigation’

ABSTRACT Patent litigation is complex, expensive, and difficult to manage. Optimistically, neither litigant wants the trouble or expense of a lengthy and complicated multi-patent trial, and neither does the court. In a Sisyphean effort to tame an unmanageable caseload, the judge must decide how to narrow the issues to best serve the administrability interests of […]

Saunders and Flugge, ‘Food for Thought: Intellectual Property Protection for Recipes and Food Designs’

ABSTRACT As any chef will tell you, cooking and food preparation is a creative, sometimes innovative, endeavor. Much thought and time is invested in selecting ingredients, developing the process for preparing the dish, and designing an interesting or appealing look and feel for a food item. If this is true, then it should come as […]