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How Half-Causation can enlighten the drafting of patent claims Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2022-01-04 Mo Abolkheiro
The author’s 2019 article ‘If You Wish to Invent Then Follow the Half-Causation Method’ presented ‘Half-Causation’, which is a philosophical model for the systemization of the invention process. It consists of five phases of reasoning, each terminating with taking a ‘logical branch’. This paper has two objectives. The first (and preliminary) objective is to introduce a readership in patent practices
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Hunting the standard of compensation – intellectual property, Chorzów Factory and investments: a response Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2022-01-04 P Sean Morris*
While the debate on intellectual property and international investment law is relatively young, the role of historical cases will be important in offering some interpretative analysis. Due to the niche nature of both areas of law, where, often times, the legal luminaries found in both areas often speak past each other, in an earlier issue of this journal I offered an interpretative history of Chorzów
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A reply to: Chorzów Factory – intellectual property and the continuity of international law in investor-state dispute settlement Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2022-01-04 Alexander Ferguson
The case involving the nitrate factory at Chorzów, Upper Silesia has been the subject of much academic commentary. Last year the intellectual property aspects of the case were explored in this journal. In this reply, I express doubts about whether the case involved the expropriation of intellectual property rights (IPRs) for two reasons. First, there are grounds to question the existence of IPRs. Second
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Book review: Emily Hudson, Drafting Copyright Exceptions: From the Law in Books to the Law in Action (Cambridge University Press, 2020), 380 pp. Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2022-01-04 Elena Cooper
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Regeneron and Illumina: a case for (and against) ranges Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2022-01-04 Ashley Roughton
Insufficiency in patents, especially in emerging and complex technologies, can be a real problem for patent applicants. They are keen to progress to filing for obvious reasons and yet are expected to disclose how the invention works to its fullest extent. Problems arise in cases where a patent claim seeks to reserve a range of some sort. Recent judgments of the English Patents Court and the UK Supreme
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SEPs licensing across the supply chain: an antitrust perspective Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2022-01-04 Oscar Borgogno,Giuseppe Colangelo
The rise of the Internet of Things (IoT) and the development of 5G are set to add a new layer of complexity to the current practice of standard essential patents (SEPs) licensing. While, until recently, the debate has centred on the nature of fair, reasonable and non-discriminatory (FRAND) commitments and the mechanisms to avoid hold-up and reverse hold-up problems between licensors and licensees,
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Conceptual confusing similarity and pictorial trade marks Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2022-01-04 Rob Batty
Several high-profile rebrands, including those by Twitter and Starbucks, have involved removing text from logos. This move towards wordless, pictorial trade marks raises a difficult question about how the scope of protection of a registered trade mark should be determined. This article examines the particular issue of how much weight should be given to the idea or concept underlying a pictorial mark
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Artificial intelligence and patents: DABUS and methods for attracting enhanced attention to inventors Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2022-01-04 Johanna Gibson
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Revisiting the working of patent requirements under Indian patent law Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-08-01 Pratik Prakash Dixit
This article aims to analyse the working of patent requirements under Indian patent law. A patent working requirement generally entails that the patentee must work or apply the patented product in the patent granting country. This article evaluates the compatibility of the patent working requirement with the TRIPS Agreement from the perspective of international human rights law. A human rights approach
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The thousand-and-second tale of NFTs, as foretold by Edgar Allan Poe Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-08-01 Johanna Gibson
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Book review: Kathy Bowrey, Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author (Routledge, Abingdon 2021) 228 pp. Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-08-01 Marie Hadley
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Transfer of technology: a North-South debate? Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-08-01 Reem Anwar Ahmed Raslan
The transfer of technology has been mainly subject to the North-South dichotomy where the North is regarded as the principal source of technical knowledge to the South. Nevertheless, as new economic powers emerge in the South, the scene of international technology transfer is changing rapidly. Many South-South endeavors on transfer of technology are on the rise. Thus, a new model of transfer of technology
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Book review: Patrick Masiyakurima, Copyright Protection of Unpublished Works in the Common Law World (Hart Publishing, Oxford 2020) 240 pp. Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-05-27 Poorna Mysoor
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Selfies in the public art gallery and copyright permissions Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-05-27 Jonathan Barrett
Public art galleries have traditionally prohibited visitors from photographing exhibited artworks. Today, however, photography in the gallery is invariably permitted and commonly encouraged, including visitors taking selfies. Copyright law and practice has generally responded to new techniques of reproduction, such as etchings and photographs, and how those technologies are used in commerce and general
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From Banks to Shanks: the history of employee awards for patented inventions under the Patents Act 1977 Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-05-27 Phillip Johnson
The introduction of statutory awards for inventors in the Patents Act 1977 was highly controversial. Using original archival sources and parliamentary debates, the political battles that raged both in public and behind the scenes are explored. Central to the policy development was a report by a government-appointed Working Party; yet, until now, this report and its recommendations have not been published
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Mutagenesis, ‘essentially biological processes’ and patent exceptions Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-05-27 Muriel Lightbourne
Recent developments in the field of European law, in relation to subject-matter consisting of living material, raise a string of basic issues as to the legal qualification of certain techniques used in agriculture and medicine, such as CRISPR-Cas9, and regarding their appraisal under European patent law. The present article reviews a series of decisions, including the decision of the Court of Justice
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When games are the only fashion in town: Covid-19, Animal Crossing, and the future of fashion Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-05-27 Johanna Gibson
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Validity in patent infringement proceedings – a new approach to transnational jurisdiction Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-02-19 Zheng Sophia Tang
Validity is frequently raised as an issue in patent infringement proceedings, either as a defence or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents, whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches is perfect and that
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A closer look at the elephant in the room: the distinctiveness of geographical indications Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-02-18 Song Xinzhe
The term ‘distinctiveness’ is used in trademark law to refer to the capacity of a trademark to distinguish the goods of one undertaking from those of other undertakings. The importance of this concept can be seen in Article 15 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which provides that any sign having distinctiveness shall be capable of constituting
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A theory of ‘authorship transfer’ and its application to the context of Artificial Intelligence creations Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-02-18 Bingbin Lu
This article aims to contribute to the copyright debate concerning Artificial Intelligence (‘AI’) creations. AI-created works could and should be protected by copyright law. However, existing answers to the issue of allocation of authorship remain somewhat unsatisfactory. A reasonable and practical solution to this issue, fortunately, could be established upon the doctrine of ‘authorship transfer’
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Intellectual property policy formulation in Africa Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-02-18 Michael Blakeney,Getachew Mengistie
This article examines continental, sub-regional and national initiatives in the formulation of intellectual property policy Africa. The article is divided into seven parts. The first looks at the relationship between IP and economic development. The second part examines the role of IP regional integration and trade. The third part looks at African regional trade agreements. Next, the article surveys
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A survey of cases of the pay-for-delay agreement in the post-Actavis era Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-02-18 Thomas Y Lu
What are the further developments on pay-for-delay agreements following Actavis, the case decided by the US Supreme Court regarding a pay-for-delay dispute in 2013? We surveyed 17 pay-to-delay deals involving brand-name drug owners and generic companies to see how their deals were structured in light of Actavis, as well as the results of follow-on court cases involving such contracts. As a result,
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Geographical indications: analysis of registered products towards improved legal protection in India Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2021-02-11 Gargi Chakrabarti
Geographical indications have played a central role in the protection of handicrafts, and agricultural and manufactured goods in India. Numerous goods are already registered as geographical indications and many more are in the pipeline to be registered. This article analyses the products which have been registered so far and finds that there are certain issues raised by Indian GI protection, to which
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Book review: Jani McCutcheon and Fiona McGaughey (eds), Research Handbook on Art and Law (Edward Elgar, Cheltenham 2020) 464 pp. Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-12-25 Oğulcan Ekiz
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Book review: Ilanah Fhima and Dev Gangjee, The Confusion Test in European Trade Mark Law (Oxford University Press, Oxford 2019) 320 pp. Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-12-25 Luke McDonagh
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From the gut? Questions on Artificial Intelligence and music Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-12-25 Florian Koempel
AI applications are manifold in the music industry, both as tools assisting composers in creating and as music generating machines. AI applications assisting composers are widely used, for example in providing drum sequences or mastering services. AI-generated music is mainly used as production music, for example in synchronizing YouTube videos. Copyright implications relate initially to the use of
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The remarkable development and significance of constitutional protection for intellectual property rights in post-Arab Spring constitutions Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-12-25 Bronwen Jones
Prior to the Arab Spring uprisings in 2011, no constitutional protection for intellectual property (IP) existed in the many earlier constitutions of Egypt or Tunisia. It is remarkable and surprising therefore that, in 2014, IP clauses appeared in the post-revolutionary constitutions of both countries. This raises the key question: why add to the existing regulation of IP in this way. Is constitutional
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The exploitation of publicly funded research intellectual property in Malaysia Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-12-25 Haswira Nor Mohamad Hashim,Muhamad Helmi Muhamad Khair,Anida Mahmood,Rohazar Wati Zuallcobley,Zeti Zuryani Mohd Zakuan
This article reports a study that aims to formulate an outbound open innovation strategy for the exploitation of publicly funded research intellectual property in Malaysia. The outbound open innovation strategy is proposed due to the inability of the existing intellectual property commercialization strategy of Malaysian public universities to optimize the exploitation of publicly funded research intellectual
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Sine qua non-sense: originality and the end of copyright 411 Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-12-25 Johanna Gibson
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Patents and gender: a contextual analysis Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-09-15 Jessica C Lai
Patent law is considered to be an objective law, dealing with the objective subject matter of the ‘technical arts’. Yet, empirical studies show that patenting rates around the world are gendered. This article analyses the roots of the gender patent gap, and how this correlates to the invention and innovation processes. It shows that the gendered nature of the patent-regulated knowledge governance system
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The drivers of creativity and innovation in copyright discourse: a value chain analysis across cultural industries Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-09-15 Ke Yu,Colin Darch
We build on the well-established critique, primarily in the US literature, of the following assumptions: (1) copyright protections serve to incentivise creativity; (2) copyright is designed with such incentivisation as its primary purpose; and (3) a standardized set of copyright protections should ideally be applicable to all forms of cultural production, across all situations in all countries. These
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The public interest and patent injunctions: Evalve v Edwards Lifescience [2020] EWHC 513 (Pat) Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-09-15 Phillip Johnson
It is usual for a court to grant a final injunction after a finding of patent infringement. There has been some doubt about how this applied when the patents covered essential medical products. In Evalve v Edwards Lifescience [2010] EWHC 513 (Pat), the court explored the role of the public interest in withholding injunctions and awarding damages in lieu. It construed the public interest narrowly in
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Book review: Elena Cooper, Art and Modern Copyright: The Contested Image (Cambridge University Press, Cambridge 2018) 304 pp. Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-06-09 Andrea Wallace
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Book review: Olasupo Owoeye, Intellectual Property and Access to Medicines in Africa: A Regional Framework for Access (Routledge, Abingdon 2019) 270 pp. Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-06-09 Tolulope Anthony Adekola
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Chorzów Factory – intellectual property and the continuity of international law in investor-state dispute settlement Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-06-09 P Sean Morris
One of the most important cases in the jurisprudence of international law – Chorzów Factory – has a hidden secret, so much so that, even when in plain sight, legal post-mortems of the case fail to mention this well-kept secret. Chorzów Factory was about intellectual property rights, specifically patents and trade secrets, and this narrative has never been fully addressed. When the developments in international
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Brands make believe: ethical veganism and labelling in fashion Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-06-09 Johanna Gibson
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Are foreign copyright works protected in Nigeria? Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-06-09 Bankole Sodipo
Despite Nigeria's treaty obligations, Nigerian courts have, in the last quarter of a century, consistently but erroneously held that the Nigerian copyright statute does not protect copyright works of foreign persons. The purport of the decisions is that foreign persons cannot sue to protect their copyright in Nigeria. Given that the decisions of three trial courts and a Court of Appeal decision were
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Jurisprudence of intellectual property in research: African, western and modern perspectives Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-06-09 Benjamin Onoriode Mukoro,Ndubuisi Nwafor,Timothy Umahi,Godwin Onuoha,Bertha Nnenna Otunta
There is disagreement about entitlement to, and the scope, of intellectual property rights over research knowledge. This article explores jurisprudential perspectives on ownership of research knowledge. It also features the conflict between African and western conceptions of intellectual property, and how this has affected the exploitation of indigenous knowledge with the resultant impact on traditional
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Pricing and profiting in copyright: introducing an Islamic perspective Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-06-09 Ainee Adam
The economic rights granted to copyright holders are, at times, an obstacle to the public's right of access to knowledge as the works are priced beyond the means of their consumers. Recognizing this, the three-step test in Article 13 of the Trade-Related Aspects of Intellectual Property Rights Agreement provides exceptions and limitations to the copyright holders’ economic rights. It is, however, arguable
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The rise, fall and convolution of the intent to use requirement under New Zealand trade mark law Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-02-19 Rob Batty
The ‘cluttering’ of trade mark registers with unused trade marks is an issue of contemporary concern. One mechanism that can be used to prevent ‘deadwood’ trade marks from getting on the Register in the first place is to ensure that a trader has a genuine intention to use the trade mark. Indeed, the enactment of the first registration legislation in the United Kingdom (UK) was followed by a judicial
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Adjudicating sartorial elegance from the court – the sumptuary impulse in the law of modern sports sponsorship against ambush marketing Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-02-19 Chen Wei Zhu
Ambush marketing, sometimes also known as guerrilla marketing, comprises attempts to create an unauthorized association with mega-sporting events (such as the Olympic Games and the FIFA World Cup) without obtaining official sponsorship agreements. This article contends that the contemporary law of sports sponsorships against ambush marketing harbours a palpable but much-neglected sumptuary impulse
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Where have you been? CGI film stars and reanimation horrors Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-02-19 Johanna Gibson
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Related rights in uncommon places: the right of performers during spiritual traditional festivals in contemporary Nigeria Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-02-19 Ayoyemi Lawal-Arowolo,Dorcas A Odunaike
The birth and development of performers' rights was initially witnessed in the twentieth century. Domestic laws and international conventions were drafted and implemented in various countries and the international community. Nigeria has followed a similar trend in the development of performers' rights by providing provisions protecting these rights. Equally, Nigeria has signed and ratified international
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Information as the latest site of conflict in the ongoing contests about access to and sharing the benefits from exploiting genetic resources Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2020-02-19 Charles Lawson, Michelle Rourke, Fran Humphries
The global movement and use of genetic resources remain vital to sustaining humankind. An enclosure or re-appropriation of these resources requiring regulated access and benefit sharing is evolving under the United Nations’ Convention on Biological Diversity and related instruments. The potential to replace the physical materials with information about those materials, including genetic sequence data
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Prospects and challenges posed by blockchain technology on the copyright legal system Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-12-01 Huang-Chih Sung
In the current copyright law and technology environment, two prominent problems must be considered when enforcing and executing copyrights: (i) the difficulty of proving authorship/ownership of a copyright; and (ii) the difficulty of conducting copyright transactions. The invention of blockchain technology has made it possible to solve these two issues. First, the use of blockchain technology with
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Who breaks a butterfly upon a wheel? Animals in art and morality in copyright Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-12-01 Johanna Gibson
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Documenting the copyright sphere: can festivals solve the problem of copyright clearance for documentaries? Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-12-01 Oğulcan Ekiz
The starting point of this article is a short documentary film that I and five colleagues produced in the course of the Business of Film module at Queen Mary University of London's Intellectual Property Law LLM Programme. During the process of production, we faced some borderline issues regarding our unauthorized uses of others’ copyright works. When we put ourselves into the copyright's author's shoes
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Private prosecution of intellectual property rights infringements in Singapore Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-12-01 Jamil Ddamulira Mujuzi
Case law from Singapore shows that one of the ways in which intellectual property rights holders have protected their rights is through private prosecutions. This is the case although the relevant pieces of legislation on patents, copyright and trade marks are silent on the issue of private prosecutions. The question of who is entitled to institute a private prosecution in intellectual property rights
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Evaluation of innovation risk through patent risk factors: an empirical approach Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-12-01 Cheng-Yuan Cheng,Ling-Chieh Kung
Innovation can enhance the usefulness of products and services, but technological innovation may be hindered by many potential barriers. One important potential barrier is patent infringement litigation. In this study, we review the relationship between US patent features and US patent litigations, identify potential patent risk factors, and quantitatively evaluate patent infringement litigation risk
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Economic efficiency and field-of-use pricing of SEP licences under FRAND terms Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-12-01 Eskil Ullberg
This article is concerned with the producer market in patented technology, and whether price differentiation based on field-of-use – a common strategy adopted by businesses with high fixed costs – is economically efficient. The focus is on the licensing of Standard Essential Patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms and conditions, including also the Internet of Things
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Reining in the rules for ‘lost profits’ damages in patent law Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-12-01 Moshood Abdussalam
The thesis of this paper is that the prevailing model governing the computation of patent lost profits damages in Commonwealth jurisdictions does not align well with the true nature of the patent system and is therefore apt to derail the social welfare intendments of the system. The article makes this argument based on two principal considerations. The first is that the current model encourages judicial
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Unwired Planet v Huawei – is FRAND appealing? Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-12-01 N Cansin Karga Giritli
The Court of Appeal delivered its eagerly awaited judgment in the appeal filed against Birss J's judgment in the Unwired Planet v Huawei case on 23 October 2018. Birss J's judgment included an analysis of some of the most controversial issues related to standard essential patents (SEPs) and particularly the fair, reasonable and non-discriminatory (FRAND) concept. The Court of Appeal reviewed these
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The Arusha Protocol on plant varieties protection: balancing breeders' and farmers' rights for food security in Africa Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-07-01 Tom Kabau,Faith Cheruiyot
The adoption of the Arusha Protocol for the Protection of New Varieties of Plants (Arusha Protocol) in 2015 created a harmonized regional legal mechanism for the protection of plant breeders’ rights (PBRs) in the African Regional Intellectual Property Organization (ARIPO) member states. Regrettably, the Arusha Protocol, which is to enter into force after the requisite ratifications, reaffirms the often
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Illegal copyright works and the remedial discretion of the court Queen Mary Journal of Intellectual Property (IF 0.347) Pub Date : 2019-07-01 Jani McCutcheon,Jordan Leahy
Copyright works are frequently created in breach of one or more laws. These works vary in degrees of wrongfulness and the laws and interests that are impacted by them. The works may contain illegal content, such as child pornography. Laws may also be contravened in the process of creating copyright material, such as a graffiti artist committing trespass. Courts’ remedial responses to these ‘illegal