Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received...

In June of 2007, the United States District Court for the Northern District of Ohio ruled on a motion to dismiss various claims against the Youtube video-sharing service. The claimant was Universal Tube and Rollform Equipment Corp ("Universal"), a manufacturer of pipes and tubing products. Since...

This edited title flows from several panels at the Commission on Legal Pluralism Jubilee Conference, entitled Living Realities of Legal Pluralism that was organised in conjunction with the Centre for Legal and Applied Research (CLEAR), the Research Chair in Customary Law and the Chair for...

This chapter will be published in the Oxford Handbook of Intellectual Property edited by Rochelle Dreyfuss and Justine Pila. It provides an historical account of the development of IP on the African continent which highlights how the introduction of IP systems and their transposed legislation...

We build a model of innovation and patent adjudication under two forms of uncertainty; uncertainty regarding whether the original invention merits protection (non-obviousness), and uncertainty as to whether a particular competitor's product should be barred (infringement). We find that when it...

In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), a statute designed to prevent the further spread of state-sponsored sports-wagering. The statute’s language has the effect of granting a property right to sports leagues, implicating the Constitution’s...

Intellectual property moral rights must be carefully studied by the business community, which could easily and wrongly believe that the intellectual property business involves only intellectual property economic rights. This paper represent an introduction meant to reveal a contrasting legal and...

Copyright generally refers to the right granted for the protection of literary, dramatic, musical and artistic works, as well as other other works resulting from the author’s own intellectual creation. Related rights are those granted for the protection of performers, producers, broadcasters...

The main concern of this preliminary research is to establish the place of the intellectual property rights within the classical classification of rights used by theory of law, in rights in rem and rights in personam, or as they were called by Wesley Newcomb Hohfeld, multital rights and paucital...

This paper provides an overview of the history of intellectual property laws in Australia and New Zealand, and directions into existing and emerging scholarship in this area. It discusses the swings and roundabouts of convergence and divergence in copyright, patent and trade mark legislation and...