Category Archives: Intellectual Property
Call For Chapter Proposals: The Research Handbook in Feminist Intellectual Property Studies
The Research Handbook in Feminist Intellectual Property Studies or ‘FIPS’ offers an insight into the emerging field of feminist critique, review and approaches in intellectual property scholarship. Inclusivity of IP systems has been on the agenda of international policy makers since 2007, but the state of parallel academic scholarship in the area is still unclear. […]
Fernando Cardenas Piepereit, ‘Who Owns the Rain? AI Contribution, Human Authorship, and a Status of Its Own’
ABSTRACT Who holds the rights to what an AI system contributes to a work, and when does a legal order need a status for AI that is not derived from the human? Taking EU, US and Chinese law as the baseline, I test four models against one yardstick: existing law plus disclosure and operator duties, […]
Xiyin Tang, ‘Ex Ante Copyright’
ABSTRACT Copyright law is famously described in ex post terms. Much emphasis is placed on the doctrine’s various uncertainties, resolved only after lengthy and expensive litigation. Few have considered the role that the billion-dollar entertainment insurance industry might play in reversing this typical narrative. Elsewhere, insurance law scholars have long acknowledged insurance’s role as an […]
Dhyani and Bose, ‘An Analysis of the Revenue Model of the Harry Potter Empire through the Lens of Intellectual Property Jurisprudence’
ABSTRACT Harry Potter, originally a brainchild of British Author JK Rowling, today, is not just confined to the publishing phenomena of a series of seven fiction novels and the box office marvel of eight cinematograph films based out of it , but includes, within its ambit a plethora of other business, to include, theme parks, […]
Call for Papers: Trends in Intellectual Property Research, Volume 4 Issue 4 (2026)
Trends in Intellectual Property Research (ISSN 3007-8539 Online, 3007-8520 Print) invites original research papers, review papers, case comments and book reviews for its December 2026 issue. The journal is quarterly, open access and double-blind peer-reviewed. It welcomes doctrinal, theoretical, comparative and interdisciplinary work across all branches of intellectual property and competition law, including patents, copyright, […]
Christopher Yoo, ‘Market Dilution, Fair Use, and AI’
ABSTRACT Generative artificial intelligence has brought renewed urgency to the question whether using copyrighted works to train large language models constitutes fair use. A 2025 US Copyright Office Report and dicta in Kadrey v Meta Platforms proposed a broad theory of ‘market dilution’: even when particular outputs are not substantially similar to works in the […]
Kneller, Papadakis and Wu, ‘IP Enforcement Costs and International Trade’
ABSTRACT We study how legal institutions affect international trade. Intellectual property enforcement applies to all firms serving a market, regardless of where production occurs, implying that changes in enforcement create destination-specific litigation trade costs. We identify these effects using reforms to the UK intellectual property court system between the end of 2010 and 2013 that […]
Jani McCutcheon, ‘Are AI Models Infringing Imported “Articles” Under Copyright Law?’
ABSTRACT In this article I consider whether a generative AI (‘GenAI’) model could be an infringing imported article under the secondary infringement provisions of the Australian Copyright Act 1968 (Cth) (‘Copyright Act’). Australian copyright owners have joined the global challenge to the widespread scraping of copyright works in the development and training of GenAI models. […]
Jessica Litman, ‘Done Deals’
ABSTRACT The 1976 Act was the product of extensive negotiations among representatives of copyright insiders. That process predictably disadvantaged parties that were not at the bargaining table. But what about the folks who were represented in the negotiations and involved in crafting the statute’s language? The bargains they made didn’t always work out for them. […]
Gaurav Dahiya, ‘Spontaneity and authorship: a Kantian account of human authorship in copyright law’
ABSTRACT Generative AI has revived a neglected question in copyright law: why must authors be human? Courts and copyright offices have largely answered through statutory interpretation, but the underlying jurisprudence remains underdeveloped. This article draws on Kant’s theory of publication and spontaneity to argue that copyright protects an imputable communicative act. A copyright work transcends […]