Intellectual Property Law Commons^™

Creative Machines: Generative Artificial Intelligence And Copyright Law, Ryan Abott, Elizabeth Rothman [email protected]

Chicago-Kent Law Review

No abstract provided.

The Ai-Copyright Trap, Carys J. Craig

Chicago-Kent Law Review

No abstract provided.

A Principle Of Artistic Data Sovereignty: Linking Creative Reuse To Author Remuneration, Georgia Jenkins

Chicago-Kent Law Review

No abstract provided.

Artificial Intellectual Property, Daniel J. Gervais

Chicago-Kent Law Review

No abstract provided.

Trade Secrecy Meets Generative Ai, Camilla A. Hrdy

Chicago-Kent Law Review

No abstract provided.

Innovate Responsibly: Post-Grant Mechanisms To Deter Unnecessarily Toxic Pharmaceutical Patents, Brianna De Frank

Chicago-Kent Law Review

No abstract provided.

Copyright And The Expression Engine: Idea And Expression In Ai-Assisted Creations, P. Bernt Hugenholtz

Chicago-Kent Law Review

No abstract provided.

Copyright Accelerationism, Benjamin L.W. Sobel

Chicago-Kent Law Review

No abstract provided.

Losing The Big Picture: An Argument For Preserving Irpa Rights For Emotional Damages, Stephen Luke Winbery

Chicago-Kent Law Review

No abstract provided.

Copyright Re-Alignment: The Growth Of New Works Outside The Copyright System, Edward Lee

Chicago-Kent Law Review

No abstract provided.

Win-Win: How To Remove Copyright Obstacles To Ai Training While Ensuring Author Remuneration (And Why The Ai Act Fails To Do The Magic), Martin Senftleben

Chicago-Kent Law Review

No abstract provided.

Paradise Lost In The Patent Law? Changing Visions Of Technology In The Subject Matter Inquiry, Dana Remus Irwin

Florida Law Review

In recent decades, the Patent and Trademark Office and the federal courts have dramatically expanded the scope of patentable subject matter—the set of inventions eligible for patent protection. Existing scholarship has taken a narrow view of this expansion. Scholars argue on efficiency grounds that without more meaningful limits on the scope of patentable subject matter, future invention will be impeded rather than encouraged. This Article takes a broader view of the subject matter inquiry, tracing its historical development and its changing theories of technology, from the patent system’s inception to the present. This Article demonstrates that through these theories of …

The Patent Landscape Of Chagas Disease Vaccines Indicates Major Underinvestment In An Emerging Global Health Threat, Stanley Kowalski, Lily Widdup, Bradley Johnson

Law Faculty Scholarship

Considering the enormous human and economic toll Chagas disease inflicts, investment in R&D of medical innovations such as diagnostics, pharmaceuticals and vaccines remains disproportionately low.  The patent landscape of Chagas’ disease vaccine innovation corroborates this unfortunate trend: an alarming paucity of investment which confirms this disease as among the most neglected of the neglected diseases.  However, the article then articulates how patent information can also be viewed as a starting point, and indeed springboard, for international collaboration to accelerate vaccine development via a dynamic opening-innovation strategy.

Jefferson Et Al. Reply, Osmat Jefferson, W. Nicholson Price Ii, S. Sean Tu, Saurabh Vishnubhakat, Arti K. Rai

Articles

Notwithstanding Amgen’s strenuous objections, the core premise of our article should be uncontroversial to most policy analysts: biosimilar firms that simply want to manufacture an originator biologic in the manner it was manufactured at the time of US Food and Drug Administration (FDA) approval should be able to enter the market expeditiously once valid manufacturing (and other valid patents) that legitimately cover the ‘at approval’ biologic have expired. Our core premise relies on the widely accepted values of patent validity and notice. Instead of expensive litigation discovery fights over such ‘at approval’ issues, of the sort Amgen itself has spearheaded …

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

The doctrine of character copyright is an eccentricity in copyright law that should either be abandoned or substantially reformed. Originally limited to literary characters, this doctrine decomposes a narrative work in order to recognize characters as works of authorship independent of the narrative works from which they are derived. Claimants generally seek independent protection for characters for three, sometimes overlapping, reasons: (1) to repackage what would otherwise be a weak claim of substantial similarity if comparison were to be made with the work(s) from which the character has sprung; (2) to overcome obstacles posed by prior licensing decisions that have …

From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakmonova

Canadian Journal of Law and Technology

This paper examines the regulatory challenges surrounding Decentralised Autonomous Organizations (DAOs) in Canada and argues that existing legal frameworks— primarily designed for traditional corporate entities— are inadequate for addressing the unique characteristics of DAOs. While securities regulators have taken steps to oversee aspects of DAO activity, a broader regulatory framework is needed to provide legal clarity, address governance and liability concerns, and foster responsible innovation. This study recommends a dual approach: (1) extending corporate law reforms to define the legal status and obligations of DAOs, and (2) developing a regulatory framework that balances investor protection with the flexibility needed for …

Recommended For You Streaming Platform Recommendation Algorithms And Consumer Rights, Margaret Wilson

Canadian Journal of Law and Technology

Streaming platforms are becoming increasingly popular with consumers. In Canada, recent studies have suggested that 55% of Canadians use video streaming services, like Netflix, on a daily basis. Similarly, up to 30% stream audio content daily on platforms like Spotify.6 The federal government has recognized that the broadening use of these technologies creates new challenges for consumer privacy and has proposed updates to consumer privacy laws in Bill C-27. With the dissolution of the 44th Parliament on March 23, 2025, Bill C-27 died on the roll and will not be adopted. As proposed legislation, Bill C-27 signalled the direction of …

Navigating The Shadows: Evaluating Privacy Protections Against Dark Patterns, Matt Gaulton, Dominique Kelly, Dr. Jacquelyn Burkell

Canadian Journal of Law and Technology

Privacy dark patterns are user interface design strategies that manipulate individuals into disclosing personal information or consenting to data practices they may not fully understand or intend. This paper critically evaluates the effectiveness of Canadian, American, and European privacy frameworks — specifically, the Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), and the European Union’s General Data Protection Regulation (GDPR) — in addressing the regulatory challenges posed by privacy dark patterns. We argue that PIPEDA is significantly less equipped to counteract such manipulative practices, particularly in comparison to the GDPR and CCPA, due to …

Balancing The Use Of Ai With Canadian Privacy Rights: An Analysis Of Personal Information Collection Through Emerging Ai Tools, Tamie Dolny, Methura Sinnadurai

Canadian Journal of Law and Technology

Biometric information collection through artificial intelligence (AI) is a new, dynamic and exciting technology that also raises significant privacy law considerations for in house and governmental lawyers in Canada. While organizations may be quick to collect personal information using forms of AI technology, these entities should be aware of the legal risk posed by technologies which may violate the Freedom of Information and Protection of Privacy Act (FIPPA)1 and/or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),2 especially if users are unaware of, or have not consented to the use of their personal information by the AI …

Considering The Concept Of Law In The Legal Singularity, Matthew Tse

Canadian Journal of Law and Technology

This review article engages with the idea of a ‘‘legal singularity”, which has been developed by Abdi Aidid and Benjamin Alarie in their book, The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better.

The legal singularity describes a legal system in the future that harnesses algorithmic computation to facilitate a ‘‘stable and complete legal order, capable of addressing and resolving practically all types of legal uncertainty in real time and on demand”. Aidid and Alarie believe algorithmic computation will achieve this promise in an interdependent dual process. On one hand, algorithms will structure the law with conceptual standardization. …

Social Capital And Mobility Of Starling Madura Coffee Traders In Jakarta, Yeni Priana, Manneke Budiman

International Review of Humanities Studies

This study aims to generate knowledge about the social capital underlying the resilience of Starling Madura coffee traders in Jakarta. The idea that underlies this analysis is Bourdieu's social capital theory, in which social capital formed through networks is able to provide independence in overcoming social and economic problems. In addition to social capital, mobility strategies are utilized as opportunities by Starling Madura coffee traders in an effort to survive sustainably in the context of the informal economic order in Jakarta. This study provides data and analysis that strengthen the idea that Starling Madura coffee traders adopt distinctive social capital …

Indian Cosmology And Archaeoastronomy Of The Khmer Stone Temples In Sakon Nakhon-Thailand, Duangden Boonpok

International Review of Humanities Studies

This article is multidisciplinary study of cosmology, archaeology and astronomy of the Khmer stone temples in Sakon Nakhon. The study investigates of the temple’s architectural structure and environmental geography which related to the astronomical knowledge. The result of study found that the plan and structure of temples is influenced by the concept of Indian cosmology which has Mount Meru as the central axis. Buildings is signified as mountain or heaven with high and multi-layered base. The main building is symbolically important as the origin of power for the whole temple. The objects and positions are the transforming of cosmology concept …

Representation Of Women’S Role In Sumbanese Ikat Weaving (Tenun Ikat), Tasya Widya Krisnadi

International Review of Humanities Studies

The craft of weaving is not merely an economic or artistic activity, but also plays a central role in the identity and social life of the Sumba community, particularly in the Kodi District of Southwest Sumba Regency. Women in Sumba play a crucial role in the practice of tenun ikat. They are not only the custodians of the skills and technical knowledge of weaving, but also the bearers of cultural values embedded in the process. This research aims to reveal the role of Sumbanese women as preservers of tradition amidst the currents of modernization. This study employs qualitative methods with …

The Influence Of The Dutch East Indies Government’S Ethnic Politics On Discrimination Against The Chinese Ethnic Group In Batavia (1946–1950), Zaky Rizqy Zaidaan Fadrin, Fajar Muhammad Muhammad Nugraha

International Review of Humanities Studies

This study explains how discrimination was experienced by ethnic Chinese in Batavia in the early post-independence period in 1946–1950, with an emphasis on the influence of ethnic politics practiced by the Dutch East Indies colonial government. The purpose of this study is to analyze the pattern of discrimination against ethnic Chinese influenced by the legacy of colonial racial segregation. The method used is qualitative historical descriptive. The main sources of this study come from letters of complaint from the Chinese community in 1946–1949 in the National Archives of the Republic of Indonesia (ANRI) and newspaper articles from 1950 from De …

The Comparison Of Classical Tafsir And Contemporary Interpretation Regarding The Verses Of Astrophysics And Cosmology In The Qur’An, Azra Ansharullah, Basuni Imamuddin

International Review of Humanities Studies

As time progressed, various kinds of discoveries in the field of science emerged one by one, especially in the field of Astronomy and its "little brother" Astrophysics. This opens up opportunities for everyone to research things that have been researched from a new perspective, such as researching the Koran from a science and technology perspective. There are 310 instances in the Qur'an where the word "heaven" is mentioned, and within them, there are various statements regarding the nature, phenomena, and other things related to the sky. With the progress of technology, there is undoubtedly a gap in the interpretation and …

The British Colonial Land Policy And The Development Of Plantation Agriculture In Colonial Southwestern Nigeria, Adesola S. Adesote

International Review of Humanities Studies

The main thrust of this paper is to critically analyse the impact of the colonial land policy of the British on plantation agriculture in colonial Southwestern Nigeria. Although land legislation had been introduced as far back as the late 19^th century, such as the Public Lands Ordinance of 1876 later renamed the Public Lands Acquisition Ordinance of 1917, it was vigorously pursued with the imposition of colonial rule in the period between 1900 and 1960. It argued that the introduction of land policy by the British in order to achieve her economic objective in Nigeria led to the commercialisation …

Symbols And Power Discourses In Three Shadow Puppet Performances Of The Murwakala Play, Ayuk Latifah, Darmoko Darmoko

International Review of Humanities Studies

This study analyzes the symbols and discourses of power in three Purwa shadow puppet performances of the Murwakala play, styles of Surakarta, Yogyakarta, and Banyumas. The Murwakala play, centered on themes of purification and the transformation of power, contains a rich narrative for analyzing power dynamics through the interactions between characters such as Batara Kala (a form of destructive power), Batara Wisnu (a form of constructive power), and Batara Guru (a form of cosmic order). Using a qualitative approach, this research integrates Geertz's theory of cultural symbolism and Foucault's discourse of power to analyze how power is represented and negotiated …

Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims

International Review of Humanities Studies

BRICS has broadened its agenda beyond finance to cultivate soft power through coordinated cultural diplomacy. Examining official statements, press releases, and scholarly commentary on the bloc’s flagship film, sports, and ministerial initiatives, this article shows that cooperation is advancing from one-off spectacles toward structured, recurring institutions. Findings indicate two simultaneous dynamics: outwardly, BRICS venues amplify Global-South perspectives that diversify international cultural flows; inwardly, member states use the same platforms to signal national prestige, revealing persistent status competition. The result is an early but uneven cultural architecture—one that counters Euro-Atlantic narrative dominance yet has not crystallized into a fully coherent BRICS …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …