Intellectual Property Law Commons^™

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

The Patentability Of Ethical Ai: A Spectrum, Rana Matared, Harut Minasian

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright Dilution Under Constitutional Scrutiny, Edward Lee

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Unfair Learning: Genai Exceptionalism And Copyright Law, David Atkinson

Chicago-Kent Journal of Intellectual Property

No abstract provided.

A Civilization’S Soul : Positioning Architectural Works In The Argument For Greater Restrictions On Ai Training, Alexandria B. Noble

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Algorithmic Chopin—Musical Authorship In The Age Of Artificial Intelligence, Eyal Brook

Chicago-Kent Journal of Intellectual Property

No abstract provided.

An Empirical Dissection Of Discretionary Denials Following Bifurcation Policy, Sarah Geers, Adam J. Cook, Daniel C. Sloan, Matt Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Unsettling History Of Settled Expectations, Sara Tonnies Horton, Henry Thomas

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Fashion Law Names Cardozo A Top Law School For Fashion Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Fashion Law recognized Cardozo School of Law as one of its Top Law Schools for Fashion Law, highlighting the school's interdisciplinary curriculum, the FAME Center, and its student-run Fashion Law Society. The announcement also notes the upcoming celebration honoring Barbara Kolsun and the FAME Center's anniversary.

Design Patents: Protecting Creativity In The Marketplace, Intellectual Property Law Society, Cardozo Fame Center, Fashion Law Society

2025–2026 Flyers

Join IPLS, FLS, and FAME to learn how design patents safeguard innovative visual creations in fashion and technology and how attorneys use it to protect brand identity and creative expression.

Wednesday, February11th at 12:40pm, Room 423 Sign up using the QR code to reserve your spot!

Cardozo Law Student Anika Kazi Recognized During Grammy Week For Scholarship On Songwriters' Rights, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo Law student Anika Kazi was recognized as a finalist and runner-up during Grammy Week at the Entertainment Law Initiative (ELI) Luncheon for her paper, The Missing Guild: Why Songwriters Need Collective Bargaining Rights in the Streaming Era. Her scholarship examines collective bargaining rights for songwriters and proposes reforms to improve compensation in the modern streaming economy.

Fight For Your Right: An Analysis Of A Musician’S Ability To Terminate A Copyright Assignment Of A Music Recording, Ian Waldron

Georgia Journal of Law & Technology

In 2019, musicians joined together to launch two separate lawsuits against Sony Music Entertainment (“Sony”) and Universal Music Group (“UMG”) after the record labels ignored the musicians’ copyright termination notices. Copyright termination is a powerful tool that allows the original owner of a work, under some circumstances, to regain possession years after they have assigned it to another party. To defend their actions, UMG and Sony countered that since the recordings were created under a record deal, they were works for hire and the musicians acted as employees. Therefore, under the record label’s theory, the musicians would have no ownership …

Pills, Powders, And Proprietary Blends: The Ip And Regulatory Battle Over Dietary Supplement Transparency, Anna Marie Saunders

Georgia Journal of Law & Technology

Available in the form of pills, powders, gummies, bars, and countless other options, dietary supplements have become a cornerstone of the health and wellness industry and a popular product amongst health-conscious consumers. Fueled by the rise of social media influencers and a surge in health-awareness following the COVID-19 pandemic, the supplement industry has experienced rapid growth, evolving into a multi-billion-dollar market.  While widely embraced, these products often face criticism due to labeling and marketing practices that leave  consumers with an incomplete understanding of exactly they are consuming.  This tension arises from the unique legal intersection governing dietary supplements.  These products …

A Shareholder’S Guide To Blowing Up 100 Years Of Delaware Corporate Law: Intellectual Property And Corporate Governance After Delaware Senate Bill No. 313, Avery C. Hill

Georgia Journal of Law & Technology

This note examines the intersection between shareholders agreements and intellectual property ownership in Delaware corporations after Delaware Senate Bill No. 313. Delaware corporate governance law has created extensive statutory and case law balancing the competing interests of corporate actors. The board of directors maintains an exclusive right to manage the affairs of a corporation, unless otherwise provided in the certificate of incorporation. Delaware law defers to director’s management authority through the business judgement rule, but fiduciary duties govern a director’s responsibly to shareholders. Shareholders maintain rights such as voting for the board of directors, receiving distributions, and selling shares, but …

Victims’ Rights Or The Public’S Right To Know: Rethinking The Boundaries Of The Right Of Publicity In True Crime, Millicent F. Dye

Georgia Journal of Law & Technology

Advancements in technology and the development of new online platforms have paved the way for true crime to become one of the most popular genres today. While some believe true crime content is akin to news reporting, others have raised ethical concerns and believe that victims’ identities should be protected by a right of publicity.  The key is to find a balance between protecting victims and protecting free speech. This Note explores the right of publicity laws in a select few countries and addresses the shortcomings of the current approaches. This Note asserts that certain true crime content must be …

Unplugging The Federal Right Of Publicity: Why Existing Laws Can Protect Artists Without A Federal Right Of Publicity, Ashley L. Burgess

Georgia Journal of Law & Technology

The rapid rise of artificial intelligence(AI)in music creation has sparked concern over how the rights of artists can remain adequately protected from unauthorized uses of their voices, likeliness, and stylistic elements. A popular proposed solution to this complex problem is the creation of a federal right of publicity. Proponents of this solution stress that it would provide artists with a unified legal framework to better protect the commercialized use of their identity.

This paper argues that a federal right of publicity is neither necessary nor the most efficient solution to address the challenges posed by AI music. A federal right …

No Patent Attorney In Their Right Mind: How Jepson Claims Clarify Subject Matter Eligibility Post-Mayo, Jared M. Brown

Georgia Journal of Law & Technology

Patent practitioners have gradually shelved Jepson claims for four decades. In those four decades, Supreme Court patent subject matter eligibility jurisprudence has taken a roller-coaster ride from an ancient point-of-novelty approach through the days of Diamond v. Diehr and back to a modernized arguably point-of-novelty-focused approach again in Mayo and Alice. In the absence of congressional action, the Federal Circuit has been left to deal with the aftermath. The inventive landscape—particularly with regard to biotech and software—is shifting fast, and our patent scheme is struggling to keep up.

In the case of software inventions, the Federal Circuit has largely …

Patents In Paradise: The Evolution Of Patent Law In The Cayman Islands, Andrew W. Torrance, Andrew P. Morriss, Lisa C. Friedman

Georgia Journal of Law & Technology

This study examines the Cayman Islands’ unique position in the global intellectual property (IP) landscape, contrasting its success as an exporter of financial and legal services with the inherently domestic nature of patent protection. We hypothesize that due to this limitation, the Cayman Islands functions as a strategic, cost-effective jurisdiction for augmenting patent protection initially obtained elsewhere. Our research provides the first comprehensive analysis of Caymanian patents, and through a quantitative examination of patent family data—including filing trends, economic valuation, geographic distribution, and assignee profiles—we find strong empirical evidence to support this thesis.
Our findings reveal a disproportionate presence of …

Toward A Transformative Fair Use Standard After Warhol, Sangwook Park

Georgia Journal of Law & Technology

The Supreme Court’s 2023 decision in Andy Warhol Foundation v. Goldsmith narrowed the transformative fair use inquiry but left unresolved where derivative adaptation ends and genuine transformation begins. This article proposes that the Purpose-Expression Shift (PES) Framework can supply that missing line, a dual-pronged standard rooted in § 107(1) that asks (1) whether the secondary work serves a purpose meaningfully different from the original and (2) whether its expressive alterations are tailored to realize that new purpose. Mapping two decades of case law onto a four-quadrant matrix, this article shows how the PES Framework can predict outcomes under first factor …