The Supreme Court’s decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor...

This paper presents a way to think about a legal solution to an intractable problem, reconciling a now worldwide patent rights regime with access to essential medicines. In doing so, it insists that the potentialities of the current TRIPS flexibilities be assessed realistically. The focus is on...

Individuals have long had the desire but little ability to control the dissemination of personal information about their health. Law has been a weak instrument for such control, given the articulate and powerful interests that insist upon maintaining and enhancing access and use of others'...

Outer space ... shall be the province of all mankind. The historic launch by the then Union of Soviet Socialist Republics (“USSR”) of Sputnik I on October 4, 1957 signaled the beginning of the space race. The following years witnessed such seminal events as the placing of men in orbit and...

Frequently, practitioners encounter client queries relating to the ‘value' of their intangible asset (including, but not limited to, identifiable intangible assets other than intellectual property and goodwill, intellectual property such as trademarks, patents, copyright or indeed goodwill)....

This paper addresses the complexity of legal issues arising as a result of the deployment of international investment agreements (IIAs), as substantive regulatory and enforcement devices, for the protection of intellectual property rights. Its overriding analytical framework, proposes that...

This short essay assesses distinct approaches to delimiting intellectual property. Specifically, it addresses claims to control spillovers without which culture cannot move forward, notably spillovers of texts, images, techniques, information, ideas, etc. It contrasts methodologies: on the one...

Interpretation of copyright limitations and exceptions is restrictive under EU law system. Likewise is in Spain. Nevertheless, several Member States decisions concerning online infringements have been ruled sheltering the use of a copyrighted work - without owner's authorization - by limitations...

The exclusive protection of shapes (three-dimensional in particular) as trademarks of products, raises serious concerns about its possible negative impact on competition. The analysis of the European legal framework focuses on the risk of systemic impasse and over-protectionist consequences...

In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...