Much attention has been paid in recent times by academics and policy-makers to the issue of exceptions to IP rights, and in particular to the issue of the extent to which the ‘three-step test’ in international treaties restrict the ability of national legislatures to introduce new exceptions...

This chapter explores IP protectability of what may be broadly termed “folk music,” though, that is a term fraught with ambiguity, from an intellectual property social justice (IP-SJ) framework. Our IP-SJ approach helps illuminate how IP law and administration affect opportunities for...

Public international law scholarship has developed metatheories to account for power. However, few scholars have tested these theories in contemporary problems involving both private and public international law. By examining global intellectual property problems, this article clarifies a...

The first target of today's global commercial and military espionage, trade secrets, are the only form of intellectual property protection to be based on the necessity of nondisclosure and secrecy rather than on the paradigm of publicity and exploitability, with the obvious consequence that...

Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting organization (SSO) to provide access to those SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms? I...

Despite their potential benefits, voluntary consensus standards have over the past decade become the subject of significant private litigation, regulatory enforcement and policy debate. Much of the current controversy centers on the perceived proliferation of patents covering standardized...

The behavior of nature at the smallest scale can be strange and counterintuitive. In addition to unique physical characteristics, quantum technology has many legal aspects. In this article, we first explain what quantum technology entails. Next, we discuss implementation and areas of...

Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...

The Hungárián Copyright Act (HCA) includes a separate chapter on the terms of license (“use”) contracts. The provisions of the HCA serve as lex speciális against the background of general and special rules of contract law codified by the Hungarian Civil Code (HCC). From a historical point...

In recent years, there has been much debate about the need for intellectual property protection for fashion designs. Two bills introduced before the 111th Congress purported to provide a solution for this need. The Design Piracy Prohibition Act ("DPPA"), which was introduced in the House April...