Monthly Archives: November, 2021

René Mahieu, ‘The right of access to personal data: A genealogy’

ABSTRACT In this paper, I analyze several traditions of data protection to uncover the theoretical justification they provide for the right of access to personal data. Contrary to what is argued in most recent literature, I do not find support for the claim that the right follows from the German tradition of ‘informational self-determination’ or […]

Fishman and Garcia, ‘Authoring Prior Art’

ABSTRACT Patent law and copyright law are widely understood to diverge in how they approach prior art, the universe of information that already existed before a particular innovation’s development. For patents, prior art is paramount. An invention can’t be patented unless it is both novel and nonobvious when viewed against the backdrop of all the […]

Gurgula, Padamczyk and Shemtov, ‘Specialised IP Judiciary: What are the Key Elements to Consider When Establishing or Reforming an Effective IP Court?’

ABSTRACT Intellectual property (‘IP’) is one of the key instruments for fostering innovation and promoting the growth of national economies. Given both the economic significance and the legal complexities associated with IP rights due to constant technological development, the benefits of having specialised IP judiciary are increasingly recognised across the globe. Many countries have either […]

Guerra and Parisi, ‘Investing in Private Evidence’

ABSTRACT Technological advances have changed our ability to acquire and save information, with far-reaching implications in legal discovery and evidence. In this paper, we analyze the interrelated effect of legal presumptions and discovery rules in incentivizing the voluntary adoption of private evidence technology. We show that, under any legal presumption, by making private evidence investments […]

Jie Wu, ‘Intellectual property institutions and innovation of emerging multinational companies’

ABSTRACT Using a panel data of Chinese firms’ internationalization activities, we assess whether intellectual property (IP) institutions in a host country benefits or impedes innovation of emerging multinational companies (EMNCs). We show that IP institutions in a host country enable an EMNC to obtain critical technologies for innovation, and moderate IP institutions are optimal levels […]

‘A Blow For Collective Redress In The UK? Lloyd v Google [2021] UKSC 50′

“Those familiar with Competition law will be aware that collective proceedings before the Competition Appeal Tribunal are burgeoning. And it might have been hoped that the Consumer Rights Act 2015, and the recent flurry of collective proceedings that have been certified by the Tribunal following the Supreme Court judgment in Mastercard v Merricks [2020] UKSC […]

‘Privacy and Reputational Harm’

“Next week, on 30 November and 1 December 2021, the Supreme Court will hear arguments in ZXC v Bloomberg LP. The case gives the court an opportunity to answer one of the most important questions which has emerged in English privacy law in recent years: does a person who has not been charged with an […]

‘Don’t Forget About the Fakes’

Reid Kress Weisbord and David Horton, ‘Inheritance Forgery’, 69 Duke Law Journal 855 (2020). In the Estates textbook I use, most of the will execution cases involve testators whose clear intent is unrealized because they bungled strict execution requirements. The Uniform Probate Code and the Restatement (Third) of Property: Wills and Other Donative Transfers – […]

‘Third Party Violence at Work: The Problem of Causation – Cunningham v Rochdale MBC [2021] EWCA Civ 1719′

“On 19 November 2021 the Court of Appeal handed down judgment in an important decision on an employer’s liability claim for damages for personal injury suffered by an Assistant Head Teacher who was assaulted by a pupil. Dingemans LJ gave the sole reasoned judgment, with which Andrews and Arnold LJJ agreed, dismissing the Claimant’s appeal […]

‘The Immunity of the Holy See in Sexual Abuse Cases – the ECtHR decides JC v Belgium

“In multiple countries, allegations of sexual abuse in the Catholic Church have led to lawsuits against dioceses and clergy, and the establishment of investigation and claims commissions. However, because of the relatively muted response of the Holy See to the scandals, in some countries, victims have also filed tort suits in domestic courts against the […]