Monthly Archives: January, 2022

‘Guest Book Review: Research Handbook on Design Law

“Designs overlap with all the other IP rights and are vital for a wide range of industries from fashion to automotive. I was delighted to have the opportunity to read and review the Research Handbook on Design Law edited by Henning Hartwig, Bardehle Pagenberg, Munich, Germany. It is a hefty tome with a rupture factor […]

Kara Swanson, ‘Inventing While a Black Woman: Passing and the Patent Archive’

ABSTRACT This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an accurate record of US […]

Richard Storrow, ‘Cross-Border Attestation and Interjurisdictional Wills’

ABSTRACT After nearly two years of difficult effort to contain the coronavirus outbreak, remoteness is firmly embedded in the American psyche. Throughout the country, emergency orders permitting will execution and attestation to be conducted by simultaneous audio-visual transmission have allowed estate planning to proceed. There are currently bills in some state legislatures to make permanent […]

Martin Senftleben, ‘No Trademark Protection for Artworks in the Public Domain – A Practical Guide to the Application of Public Order and Morality as Grounds for Refusal’

ABSTRACT With its 2017 landmark decision in Vigeland, the Court of Justice of the European Free Trade Association States (EFTA Court) has paved the way for the invocation of public order and morality as grounds for refusal when trademark protection is sought for cultural expressions in the public domain. Dealing with an attempt to register […]

Kotzé and Boggenpoel, ‘Living Together as Neighbours: Rethinking the Reasonableness Standard in Nuisance Law Under the Constitution’

ABSTRACT The COVID-19 pandemic, with its concomitant ‘stay at home’ catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, especially in a time when citizens from different social, cultural, customary or religious backgrounds and with different rights and interests are restricted to the boundaries […]

Sancho McCann, ‘Copyright Throughout a Creative AI Pipeline’

ABSTRACT … I will first present the training and use of a creative program based on a neural network, a popular model that forms the basis of state-of-the-art creative AIs. Then, I will examine each of the issues just raised: 1. Does the person managing the automatic training of a neural network’s parameters obtain a […]

Heirbaut, Kotlyar and Lysenko, ‘“Lightning-fast” codification of Civil Law in Belgium: Civil Code 2020′

ABSTRACT The present article covers the codification of Civil Law in Belgium, which has in record time led to the enactment of several books of the new 2020 Civil Code. The article expounds the background and the plan for the new Civil Law codification in Belgium, the system and drafting methods of the Civil Code, […]

Goldberg and Zipursky, ‘Replies to Commentators’

ABSTRACT With gratitude for our commentators’ thoughtful and generous engagement with Recognizing Wrongs, we offer in this reply a thumbnail summary of their comments and responses to some of their most important questions and criticisms. In the spirit of friendly amendment, Tom Dougherty and Johann Frick suggest that a more satisfactory version of our theory […]

Chander, Abraham, Chandy, Fang, Park and Yu, ‘Achieving Privacy’

ABSTRACT Is privacy a luxury for the rich? Remarkably, there is a dearth of literature evaluating whether data privacy is too costly for companies to implement or too expensive for governments to enforce. This paper is the first to offer a review of the costs of compliance and to summarize national budgets for enforcement. Our […]

Caitrin Ellen Kiley, ‘The Sudden Medical Emergency Defense in Connecticut: Insurers Benefit While The Innocent Insured Is Left To Suffer’

ABSTRACT Every individual in the United States who purchases and registers a vehicle is involved with the automobile insurance industry. Like many other types of insurance, there is much longstanding debate regarding the difficulty associated with receiving the benefits one has paid for. This debate is particularly complicated in Connecticut. Unlike many other jurisdictions that […]