Intellectual Property Law Commons^™

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Shockwave Heard Around The World: Uspto No Longer Allows Petitioners To Use General Knowledge To Fill Gaps In Prior Art During Inter Partes Review, Hannah Lesser

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Hype Or Fraud? Ai-Washing And The Limits Of The Term “Misleading” Under Sec’S Section 10(B) And Rule 10b-5, Elizabeth De La Chapelle

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Perils Of Trademark Co-Ownership And The Need For Co-Ownership Agreements, Cameron Quilling

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Systemic Failure And Synthetic Abuse: Regulating Nonconsensual Deepfakes Under The Take It Down Act, Chisomeme Nwuda

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Role Of Ai In Judicial Translation: Ensuring Access To Justice In Vernacular Languages, With Special Reference To Marathi, Bhushan Raut

Indian Journal of Law and Technology

This paper examines the role of artificial intelligence in judicial translation to enhance access to justice in India’s multilingual legal system, with a specific focus on Marathi. It situates judicial translation within the constitutional framework and Rule of Law theory, arguing that linguistic accessibility is essential to legal agency and fairness. Through doctrinal, empirical, and comparative analysis, the paper evaluates initiatives such as SUVAS, highlights gaps in vernacular availability of landmark judgements, and identifies challenges relating to accuracy, accountability, and legal semantics. It proposes a hybrid AI–human model and policy reforms to ensure reliable, scalable, and inclusive translation practices in …

Indigenous Māori Defend Digital Sovereignty Over Big Tech’S Free Trade Rules, Jane Kelsey

Indian Journal of Law and Technology

In 2016, Indigenous Māori in Aotearoa New Zealand challenged the Trans-Pacific Partnership Agreement (‘TPPA’) for breaching the colonial government (Crown) obligations to them under the 1840 Tiriti o Waitangi. This was lodged before a Tribunal particularly established to inquire into such breaches. In 2021, the Tribunal upheld that claim, finding that the TPPA e-commerce provisions failed to protect Māori identity and Indigenous knowledge. Since then, the Crown and Māori have sought means to reconcile these competing paradigms within the unequal power relations of a colonial government and Indigenous Peoples – denied the sovereignty affirmed to them in 1840. This case …

The Illusory Normativity Of Rights-Based Ai Regulation, Yiyang Mei, Matthew Sag

Indian Journal of Law and Technology

Whether and how to regulate AI is now a central question of governance. Across academic, policy, and international legal circles, the European Union is widely treated as the normative leader in this space. Its regulatory framework, anchored in the General Data Protection Regulation, the Digital Services and Markets Acts, and the AI Act, is often portrayed as a principled model grounded in fundamental rights. This Article challenges that assumption. We argue that the rights-based narrative surrounding EU AI regulation mischaracterises the logic of its institutional design. While rights language pervades EU legal instruments, its function is managerial, not foundational. These …

Combatting Ai-Generated Child Sexual Exploitation And Abuse Material: An Analysis Of India’S Techno-Legal Response, Dhruv Garg, Dedipyaman Shukla

Indian Journal of Law and Technology

The emergence of generative artificial intelligence (“AI”) presents a significant threat to child safety online, enabling the rapid creation and dissemination of child sexual exploitation and abuse material (“CSEAM”) at an unprecedented scale. This paper examines legal, institutional, and technical responses to AI-generated CSEAM in the Indian context, with a particular focus on the role of digital intermediaries, law enforcement coordination through the Sahyog Portal, and judicial interpretation under Indian law. Drawing on this analysis of key stakeholders, the paper argues for the orientation of India’s CSEAM framework towards proactive detection, and better integration between intermediaries and law enforcement. The …

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

Masthead

Washington Journal of Law, Technology & Arts

No abstract provided.

From Software To Models: Rethinking Open Source In The Age Of Generative Ai, Dana Beldiman

Washington Journal of Law, Technology & Arts

Open-source software (OSS), a form of distributed and collaborative software development rooted in the ethos of early computer science, has evolved into an essential component of modern digital infrastructure. This article asks whether open source will assume a similarly transformative role within the emerging technological paradigm of generative artificial intelligence (AI).

Generative AI differs fundamentally from software: its constituent artifacts, architectures, generative capacities, and deployment contexts are distinct and substantially more complex. Despite these differences, foundation models continue to be released under licenses originally designed for software, which may not constitute a valid transfer of rights in the generative AI …

Threads Of Protection: Intellectual Property Protections For Fashion Designs In The Age Of Generative Ai, Nayomi Mendez Andrade

Washington Journal of Law, Technology & Arts

This Article examines the limitations of intellectual property law in the United States for fashion designers and their creations. In doing so, it considers the impact generative artificial intelligence technologies have had on such protections. Despite fashion’s cultural and economic significance, U.S. law offers only fragmented protection through copyrights, trademarks, trade dress, and patents. Copyright law is significantly constrained by the useful article doctrine and the separability requirement articulated in Star Athletica v. Varsity Brands. Thus, copyrights only protect separable artistic elements rather than garments as a whole. Trademark and trade dress protections are typically only effective for well-established brands, …

Generated Wills And Responsible Ai Use In Estate Law, Collin Peters

Washington Journal of Law, Technology & Arts

Generative AI tools have been increasingly used by corporations and individuals to create documents quickly and cheaply based on short human inputs. The coming of widely accessible and cheap-to-use generative AI tools introduces the possibility of firms or lay testators using AI to generate wills. However, the risks of using AI to generate wills are largely unexplored and have not received much regulatory attention nor discussion in the literature. As a result, the question of how to manage the risks of AI-generated wills in a way that ensures their safe, accessible, and productive use has largely gone unaddressed. This article …

The Racialized Treadmill Of Robotic Agriculture: Colonial Legacies, Legal Exceptionalism, And Labour Control, Vasanthi Venkatesh

Canadian Journal of Law and Technology

The title of this paper draws on two historical meanings of the word ‘‘treadmill”. First, it references the economic concept of the ‘‘agricultural technology treadmill”, which describes how technological advances in farming lead to market consolidation, pushing smaller producers out while benefiting agribusiness oligopolies. Second, it invokes the literal treadmill, which was invented in 1818 as a punitive labour technology and a ‘‘rational” tool to discipline racialized and indentured labourers in colonial plantations. By connecting these two threads in agricultural technology — economic domination and racialized labor control — this paper examines how robotics and automation in modern agriculture perpetuate …

Consensus Ad Artificialis: Contract Theory Meets The Genai Mind, Katie Szilagyi, Marina Pavlovic´

Canadian Journal of Law and Technology

The advent of generative AI (GenAI) has generated shockwaves across industries. Many established professions are grappling with how GenAI’s functionality transforms their daily activities, staying power, and raison d’eˆtre. GenAI’s newfound facility with words and language has rapidly encroached upon the purview of lawyers, whose trade has long been expertise with words. While some worry about lawyers’ place in a GenAI-oriented future economy, others are optimistic about the transformative potential GenAI offers as a tool to the practicing lawyer. Legal service providers have been quick to adopt GenAI tools in the name of efficiency, harnessing its generative power for tasks …

Scraping Bad: The Case For A Unified Scraping Framework, Eunchong Moses Park

Washington and Lee Law Review Online

This Note explores the growing legal and regulatory landscapes of web scraping in the United States and argues that web scraping should be regulated through a unified federal framework tailored to its unique technological and economic realities. Web scraping allows organizations to collect massive amounts of data essential to their operational needs—often without the consent of data holders. Thus, web scraping has become a powerful engine of innovation used across virtually every sector of the economy but with a serious risk to privacy and property interests. Yet the current U.S. legal framework lacks a coherent regulating structure. Courts and litigants …

Resolving Cross-Border Nft Disputes: Jurisdictional Approaches, Smart Contracts, And Proposed Solutions, Aparna Vaitla

Washington Journal of Law, Technology & Arts

The emergence of Non-Fungible Tokens (NFTs) has significantly impacted the enforcement of intellectual property (IP) rights, particularly in the digital environment. NFTs enable the creation, transfer, and monetization of unique digital assets such as artwork, music, and virtual goods, raising new legal challenges for IP protection. Among various IP concerns, copyright law is the most directly implicated in NFT-related disputes. While existing copyright frameworks remain broadly applicable, they require refined interpretation and targeted regulatory adaptation to address blockchain-specific issues such as pseudonymity, decentralized ownership, and cross-border enforcement. This Article focuses exclusively on copyright law, examining its applicability to NFT transactions …

We Robot 2025: Connecting Global Robotics And Ai Governance Experts In Canada, Kristen Thomasen, Suzie Dunn

Canadian Journal of Law and Technology

This special We Robot issue of the Canadian Journal of Law and Technology is particularly ‘‘special” to us for a variety of reasons. It presents an important opportunity to highlight the interdisciplinarity required to meaningfully engage with robotics and artificial intelligence (‘‘AI”) regulation. It highlights the growing international connections among law and technology scholars. And it features many of the cutting-edge papers from one of the world’s premier law and robotics conferences, We Robot.

The thirteenth annual We Robot 2025 conference was held at the University of Windsor in April 2025. This conference marked the first ever in-person gathering of …

To Smile Or Not To Smile? What Policymakers Need To Know About The Interplay Between Expressive Robotics And Public Perception, Adeline Schneider, Waseq Billah, Naomi T. Fitter

Canadian Journal of Law and Technology

The growing presence of autonomous delivery robots (ADRs) in public spaces has introduced new challenges regarding public perception, safety, and policy regulation. While ADRs provide a convenient, contactless delivery solution, there has been little research exploring how their design influences public acceptance and regulatory concerns. This study investigates the impact of expressive robotic features on perceptions of ADRs through a between-subjects online survey comparing two ADR models: the expressive Dax robot and the more widely deployed Starship robot. Participants answered questions about the robots’ expressivity and policy-relevant perceptions surrounding the robot. Findings showed a mix of enhancements from added robot …

Interoperable Ai Regulation, Jennifer Raso

Canadian Journal of Law and Technology

This article explores ‘‘interoperability” as a new goal in AI regulation in Canada and beyond. Drawing on sociotechnical, computer science, and digital government literatures, it traces interoperability’s conceptual genealogy to reveal an underlying politics that prioritizes harmony over discord and consistency over plurality. This politics, the article argues, is in tension with the distinct role of statutory law (as opposed to regulation) in a democratic society. Legislation is not simply a technology through which one achieves the smooth operation of governance. Rather, legislation is better understood as a ‘‘boundary object”: an information system through which members of different communities make …

Generating Personal Data And The Gdpr Conceptualizing, Analyzing, And Recognizing Generated Personal Data, Hideyuki Matsumi

Canadian Journal of Law and Technology

In 2014, to fight the littering problem, an environmental group posted portraits of potential litterbugs on public streets. The group extracted DNA from tossed cigarettes, coffee cups, or condoms, and generated the possible likeness of individuals whose DNA was found from these items in public. Similarly, in 2017, detectives working on a cold case sent DNA found at the crime scene of a homicide and sexual assault victim from 1990 to a company that claims it ‘‘can turn DNA into a face”. Subsequently, detectives published the ‘‘predicted face” in an attempt to solicit tips from the public. In 2020, they …

R-Ai-Sing Questions: Exploring The Ethical And Legal Landscape Of Artificial Intelligence-Generated Media Of Medicalized Children, Kristen Thomasen, Gregorio Zuniga-Villaneuva, Muhammed Mukadam, David Lysecki

Canadian Journal of Law and Technology

When it comes to complex medical care for children, even in a country like Canada with many publicly funded healthcare services, much of the necessary research and holistic support for children and families is financed through private donations. Fundraising campaigns for children’s hospitals and services are common, often featuring movie stars, professional athletes, and many child patients. A range of important charitable activities, providing comfort, services, and necessities such as food and accommodation to children and families, are carried out through fundraising and donations. Fundraising for children’s services is a multibillion-dollar global undertaking. What’s more, it is largely dependent on …

Game Face: Legal Tackle On Facial Recognition And Privacy Rights At Nfl Games, Shanthi E. Senthe

Canadian Journal of Law and Technology

The unprecedented rapid uptake of facial recognition technology (‘‘FRT”) in commercial and public spaces for data capture and surveillance has entrenched every aspect of our daily lives from mundane tasks, such as grocery store shopping to family and experiential moments, such as participation in spectator sports. As such, the rapid adoption and integration of FRT into sports security is reshaping aspects of sporting events and fan experiences, often without adequate consideration of privacy and ethical implications. Professional sports leagues, specifically the NFL, are in the process of adopting the use of this type of technology to enhance security measures, streamlining …

Reimagining Graphical Representation: A Case Comment On The Registration Of India’S First Scent Trademark, Siddhant Shinde

Indian Journal of Law and Technology

This case comment analyses the Trade Marks Registry’s decision of permitting the registration of India’s first scent trademark, filed by Sumitomo Rubber Industries Ltd. for a “smell reminiscent of roses as applied to tyres”. This decision raises a key question concerning the graphical representation requirement under the Trade Marks Act, 1999. While the Registry accepted a seven-dimensional scientific vector model of the scent as sufficient graphical representation, the Order offers little engagement with the legal reasoning required to support such a departure from conventional understandings of graphical representation. Thus, this case comment attempts to doctrinally justify such an interpretive expansion …

Can The Uk, Australia, And India Master The Defence Against Dark Patterns? A Comparative Study Of Jurisdictional Approaches, Swetha Meenal Ananthapadmanaban, Jeannie Marie Paterson

Indian Journal of Law and Technology

This paper examines how the United Kingdom (the ‘UK’), Australia, and India approach the regulation of one of the most pressing issues in contemporary digital markets – Dark Patterns. Taking the Digital Markets, Competition and Consumers Act 2024 (‘DMCC’) in the UK as a potential benchmark, it evaluates the structural strengths and shortcomings of Guidelines for Prevention and Regulation of Dark Patterns, 2023, in India and the proposed grey list of unfair trading practices in Australia. Through case studies of Amazon Audible’s subscription cancellation flow and Epic Games’ in-app purchase design, the paper illustrates how identical practices receive uneven legal …

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …