Category Archives: Intellectual Property
Joshua Yuvaraj, ‘Recentering Creativity in Copyright’
ABSTRACT Copyright discourse often centers around creativity; as a rationale for copyright, and as a threshold for copyright to subsist in songs, books, art and other creative works. Yet creativity remains an ethereal concept: if we do not know what it means, we cannot evaluate whether copyright law is promoting it, nor can we properly […]
Pamela Samuelson, ‘The Scope of Software Copyrights Revisited’
ABSTRACT This Article reviews the highs and lows of US copyright case law construing software copyright scope over the nearly 50 years since copyright protection was first extended to computer programs. When the amendment was passed in 1980, initial expectations were that the scope of copyright in computer programs would be quite thin; some early […]
Luna, Ballesteros and Dorantes, ‘Development of a Smart Contract for the Transfer of Copyrights in an Artwork Linked to an NFT’
ABSTRACT Non-fungible tokens (NFTs) are transforming the commercialisation of digital art by establishing unique blockchain identifiers that ensure authenticity and certify subsequent transactions. However, the transfer of control over an NFT does not automatically include the transfer of the associated copyrights, thereby creating legal uncertainty as to what rights are actually acquired. This interdisciplinary project […]
Frank Pham, ‘Comparative Law of Cross-Border Patent Infringement: A Jurisprudential Analysis of the United States and Japan’
ABSTRACT Historically, patent enforcement relied on the strict principle of territoriality, a doctrine that is increasingly destabilized by distributed networks, cloud computing, and the placement of servers overseas. This research provides a comprehensive comparative analysis of how the United States and Japan address the jurisprudential challenges of cross-border patent infringement and divided multi-actor infringement within […]
Dennis Collopy, ‘Music Streaming Metadata Mapping Report’
ABSTRACT IAs outlined in the UK Industry Agreement on Music Streaming Metadata, good quality metadata is essential to making sure music makers are accurately credited and paid. To help influence improvements in music streaming metadata, the agreement established a Technical Solutions Group (TSG). This report is based on evidence gathered from: one-to-one and small workshop […]
Haris Durrani, ‘Before Invention’
ABSTRACT This Article is the first comprehensive historical account of a foundational doctrine of US patent law: conception. Conception supplies the meaning of invention at the root of the patent system. It is a mental act, the formation of the idea of an invention before it is made. Considered ‘the touchstone of inventorship’, conception can […]
Danny Friedmann, ‘Signature-style’
ABSTRACT When generative AI systems allow users to prompt the name of a well-known artist and instantly generate images in that artist’s recognizable style, the resulting outputs may function as market substitutes for human authorship. The harm does not lie in copying any single work, but in the systematic reproduction of expressive patterns that identify […]
Arshpreet Kaur, ‘The Likelihood of Confusion: An Enduring Trademark Doctrine Under Digital Strain’
ABSTRACT When it comes to the possibility of confusion test, the industrial era has a coherence issue. The development of modern multifactor tests, which resulted from judicial compromise, is examined in this article. It erroneously combines the empirical measure of likelihood of confusion with normative evaluations of the extent of harm and the defendant’s moral […]
Folliard-Monguiral and Rogers, ‘Round-up of European Union trade mark decisions 2025’
ABSTRACT The purpose of this article is to give a quick overview of the most significant EU trade mark (EUTM) cases decided in 2025 by the Court of Justice of the European Union (CJEU) and the General Court (GC). The article has a practical bias and is aimed at readers who wish to rapidly find […]
Aman Gebru, ‘Truthmarks’
ABSTRACT Trademark law is conventionally justified as a tool to protect a consumer’s expectation that a mark represents the source of a product. This goal is achieved mainly by preventing a dishonest competitor from confusing consumers into purchasing a product from a source other than the mark owner. However, trademark law ignores untruthful signaling by […]