Monthly Archives: June, 2022

‘New Judgment: Hastings v Finsbury Orthopaedics Ltd and another (Scotland) [2022] UKSC 19′

“This appeal is unusual in that the legal issues concerning the application of the CPA are largely agreed. The basic principles may be summarised as follows. The CPA (and the EU directive which it implemented) have introduced a system of no-fault liability in respect of defective products. The test of whether a product is defective […]

‘A Closer Insight into Copyright-related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act’

“On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data’ (‘Data Act’). This legal instrument will horizontally set rules applicable to the relationship between manufacturers and users of Internet of Things (IoT) devices. The Data Act Proposal assigns users of […]

Causation Conference: Perth, Australia, and Online, 9 September 2022

We are pleased to welcome you to the 2022 Causation Conference, sponsored by Herbert Smith Freehills. the Australian Academy of Law and The University of Western Australia Law School. Causation is one of the basic pillars of the law. Yet its nature, operation and relationship to other foundational concepts remains uncertain and contested, across virtually […]

‘Autonomy by Algorithm? A Paradox’

“We live in a world where the person, as an indivisible entity, is increasingly displaced as a conceptual tool within the framework of the algorithmic society. ‘Indivisible’ here means exactly what it sounds like: incapable of division or indivisible. Because algorithms are now in a position to generate ever more precise representations of the empirical […]

‘Jorge Contreras on Gene Patents’

“In this episode, Jorge L Contreras, Professor of Law at the University of Utah College of Law, discusses his book The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA, which is published by Algonquin Books. Contreras describes the landmark Supreme Court patent case Association for Molecular Pathology v Myriad Genetics […]

Paul Nolan, ‘Generic Trade Marks: Could and the Goods/Services Dichotomy Create a New Generic Headache?’

ABSTRACT Generic trade marks have traditionally been those that have become generic over time. Put simply, they lost their necessary distinctiveness due to societal overuse. Most are familiar with the well-known cases involving common marks that have fallen into the everyday lexicon. There is a further category of trade mark that is registered (and remains […]

Langford and Anderson, ‘Charity trustees: governance duties and conflicts of interest’

ABSTRACT This article reports the results of an extensive survey of charity trustees in England and Wales in relation to governance duties and conflicts of interest. The results help discern trustees’ understanding of, and confidence with, their governance duties, their enthusiasm for practical assistance with these duties, the strength of their conflict management procedures, as […]

Aloisi and De Stefano, ‘Introduction – Your Boss Is an Algorithm’

ABSTRACT What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of […]

Matthew Pangle, ‘A Modern Reconceptualization of Copyrights as Public Rights’

ABSTRACT Copyright law is at a crossroads. In the wake of Oil States Energy Servs, LLC v Greene’s Energy Grp, LLC, the patent, copyright, and intellectual property regimes as a whole, are primed for a modern reconceptualization. At the heart of this reconceptualization is the distinction between public rights, those vindicated by public offices for […]

Prince Saprai, ‘Never Let Me Go: Private Law and the Conservative Impulse’

ABSTRACT In his recent work on private law, John Gardner argues that private law has conservative leanings, which explain its central features. He argues that private law is designed to protect or promote the security interests of victims or likely victims of legal wrongs. Gardner appeals to the thinly conservative value of preserving the lives […]