Monthly Archives: April, 2025
Özgür Arıkan, ‘AI-Involved Inventions and Patentability: Emotional Perception AI v Comptroller-General of Patents, Designs and Trade Marks’
ABSTRACT The growing use of artificial intelligence technologies in inventions has significantly increased the number of AI-involved patent applications. This trend has prompted a reassessment of the boundaries defining excluded subject matter in patent law, as exemplified in Emotional Perception AI v Comptroller-General of Patents, Designs and Trade Marks. While computer programs are traditionally classified […]
‘Reasonableness and Risk: The Torts Scholarship of Gregory C Keating’ – special number of Journal of European Tort Law
Reasonableness and Risk: The Torts Scholarship of Gregory C Keating (Diego M Papayannis and Henry M Reyes Garcés) Heterogeneity, Risks, and Torts: Exploring the Worlds of Acts and Activities (Jenny Steele) Rights, Interests, and Tort Law as an Instrument: A Commentary on Gregory C Keating’s ‘Reasonableness and Risk’ (Felipe Jiménez) Tort Law without Interpersonal Justice […]
Stefan Grundmann, ‘European Contract Law and Regulation’
ABSTRACT This article starts from the assumption that after the landmark decision of the European Court of Justice in Dieselgate of 2023, the relationship between (European) Contract Law, more broadly Private Law, and Regulation has to be revisited – in many ways. It is just as revolutionary for the whole of public good regulation as […]
Eliza Mik, ‘The Sense and Nonsense of Smart Contracts’
ABSTRACT Smart contracts are supposed to reduce, or even eliminate, commercial uncertainty by technically ensuring that certain rules are followed. Translated into the sphere of contract law, they are supposed to preclude the possibility of breach and ensure perfect performance. Once contractual obligations are expressed in code, there is little room for opportunistic behaviour and […]
Recently published: The Future of the Person (Hans-W Micklitz and Giuseppe Vettori eds)
This book rigorously debates the notion of the person, a fundamental concept which underpins national private law orders worldwide. In the 20th century, the unity of the person came under pressure – firstly through the rise of labour law and then secondly (post-World War II) through consumer law. The book moves this debate on, exploring […]
Yang Chen, ‘Copyright Infringement Test (Re)visited: US Spillover into China Yielding a Similar Test?’
ABSTRACT One of the most pivotal doctrines in copyright law is its infringement test, which determines whether a defendant’s acts violate reproduction rights. This test, which continues to plague US copyright law, includes two widely adopted and influential prongs: (1) factual copying; and (2) improper appropriation. To establish factual copying, US courts allow a sliding […]
Renee Henson, ‘Government-Backed Insurance for Artificial Intelligence Technologies’
ABSTRACT Artificial intelligence (AI) is an unpredictable technology that has the capacity to both help and harm people. Although insurance plays a key role in compensating for harms in other contexts, AI-produced damages evade traditional principles of risk pricing which limits viable commercial insurance coverage. AI requires modified insurance systems that can compensate diverse and […]
Peter Kutner, ‘Defamation of governments and government enterprises’
ABSTRACT This article examines the law on whether a governmental body or a commercial enterprise owned by a government can maintain an action for defamation. It is now widely accepted that a government cannot sue for defamation. But this is not a unanimous view. The extent to which the bar to governmental defamation actions applies […]
Jonathan Hardman, ‘Regulating the very limited partnership’
ABSTRACT Limited partnerships (LPs) have received considerable press and policy attention over the past five years, culminating in legal reforms which provide an ability to align LP law more closely to company law. This paper challenges the wisdom of exercising this ability without prior analysis. It draws on historical, conceptual, and empirical methodologies to make […]
Asay, Plamondon, Jones and McCleary, ‘An Evidence-based Approach to Fair Use’
ABSTRACT Recent Supreme Court cases have opened the door for market effects to play an even more prominent role in copyright law’s fair use defense to copyright infringement. Historically, however, market effect analysis under fair use’s factor four has either been largely speculative or a repackaging of analysis done under the first three factors of […]