Monthly Archives: January, 2024
Janet Freilich and Soomi Kim, ‘Is the Patent System Sensitive to Incorrect Information?’
ABSTRACT We investigate whether participants in the patent system are sensitive to information quality by examining how they treat inaccurate information. We use a novel approach to identify patents with inaccurate information: patent-paper pairs where the paper has been retracted and the corresponding patent contains the retracted material. Despite containing inaccurate information, we find that […]
‘Case Comment: Banks v Cadwalladr, A ground breaking result or a close call?’
On 13 June 2022, in conclusion to what constituted a three-year long and highly publicised legal battle, Mrs Justice Steyn handed down her judgment in the notorious libel claim brought by high-profile businessman and Brexiteer Arron Banks against investigative journalist Carole Cadwalladr ([2022] EWHC 1417 (QB)). The defamatory content in question related to statements made […]
Jason Allen, Henry Wells and Marco Mauer, ‘Cryptoassets in Private Law: Emerging Trends and Open Questions from the First 10 Years’
ABSTRACT In 2009, the world’s first ‘cryptoasset’, Bitcoin, was launched on the world’s first operational blockchain network. Since then, blockchain-based digital assets have proliferated in quantity and diversity and now comprise an asset class that is too big to ignore. Many courts around the world have had to grapple directly or incidentally with blockchain-based digital […]
Monika Ehrman, ‘Natural Resource Property Customs’
ABSTRACT The story of mining is the story of civilization. From the development of metal currency and rudimentary tools through the extraction of fossil fuels and rare earth minerals necessary for renewable energy technology, mining is fundamental to human advancement. American civilization is no different. The country possessed an abundance of mineral wealth, along with […]
Omri Rachum-Twaig, ‘The Case Against Copyright Protection of Food’
ABSTRACT This Article will discuss the interface between intellectual property law and food. While this interface could yield many discussions, I focus on the relationship between haute cuisine as a social and cultural phenomenon and copyright law. The goal of this Article is to explain the mismatch between intellectual property law generally, and copyright law […]
Samuel Ernst, ‘Trump Really Is Too Small: The Right to Trademark Political Commentary’
ABSTRACT Can you register a famous person’s name as your trademark? The Lanham Act seems to say no, and the PTO interprets this to mean, no, never, no matter what. The Federal Circuit says, ‘yes, you can’, at least as applied to marks containing political commentary. 15 USC § 1052(c) provides, in pertinent part, that […]
Paul Gugliuzza and Rachel Rebouché, ‘Gender Inequality in Patent Litigation’
ABSTRACT This Article presents an empirical study of gender diversity – or, more accurately, the lack thereof – among the lawyers who handle patent cases in the federal courts, focusing on appellate litigation at the Federal Circuit and the Supreme Court. Drawing on two original datasets, the Article finds that, over the past decade, 87.4% […]
‘Partisanship and Corporate Law’
Ofer Eldar and Gabriel Rauterberg, ‘Is Corporate Law Nonpartisan?’ Wisconsin Law Review (forthcoming 2023), available at SSRN. America is beset with partisan politics. The brinkmanship, dysfunction, and policies that emanate from political partisanship touch so much of American life, law, and society. Increasingly and prominently, businesses have been drawn into partisan debates on issues like […]
Ryan Vacca and Ann Bartow, ‘Ruth Bader Ginsburg’s Copyright Jurisprudence’
ABSTRACT When Justice Ruth Bader Ginsburg died on September 18, 2020, the world lost a trailblazer for gender equality, a pop culture icon, a feisty liberal luminary who fought on behalf of the disenfranchised in the areas of civil rights and social justice, and an inspiration to millions of people. She will long be remembered […]
‘“Can’t Be Evil” NFT license – A tentative NFT worldwide license standard’
The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. All this has been complicated by the fact that NFTs are both a […]