research topics on intellectual property law

Intellectual Property Law Research Paper Topics

Welcome to the realm of intellectual property law research paper topics , where we aim to guide law students on their academic journey by providing a comprehensive list of 10 captivating and relevant topics in each of the 10 categories. In this section, we will explore the dynamic field of intellectual property law, encompassing copyrights, trademarks, patents, and more, and shed light on its significance, complexities, and the diverse array of research paper topics it offers. With expert tips on topic selection, guidance on crafting an impactful research paper, and access to iResearchNet’s custom writing services, students can empower their pursuit of excellence in the domain of intellectual property law.

100 Intellectual Property Law Research Paper Topics

Intellectual property law is a dynamic and multifaceted field that intersects with various sectors, including technology, arts, business, and innovation. Research papers in this domain allow students to explore the intricate legal framework that governs the creation, protection, and enforcement of intellectual property rights. To aid aspiring legal scholars in their academic pursuits, this section presents a comprehensive list of intellectual property law research paper topics, categorized to encompass a wide range of subjects.

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• Fair Use Doctrine: Balancing Creativity and Access to Knowledge
• Copyright Infringement in the Digital Age: Challenges and Solutions
• The Role of Copyright Law in Protecting Creative Works of Art
• The Intersection of Copyright and AI: Legal Implications and Challenges
• Copyright and Digital Education: Analyzing the Impact of Distance Learning
• Copyright and Social Media: Addressing Infringement and User Rights
• Copyright Exceptions for Libraries and Educational Institutions
• Copyright Law and Virtual Reality: Emerging Legal Issues
• Copyright and Artificial Intelligence in Music Creation
• Copyright Termination Rights and Authors’ Works Reversion
• Patentable Subject Matter: Examining the Boundaries of Patent Protection
• Patent Trolls and Innovation: Evaluating the Impact on Technological Advancement
• Biotechnology Patents: Ethical Considerations and Policy Implications
• Patent Wars in the Pharmaceutical Industry: Balancing Access to Medicine and Innovation
• Standard Essential Patents: Analyzing the Role in Technology Development and Market Competition
• Patent Thickets and the Challenges for Startups and Small Businesses
• Patent Pooling and Collaborative Innovation: Advantages and Legal Considerations
• Patent Litigation and Forum Shopping: Analysis of Jurisdictional Issues
• Patent Law and Artificial Intelligence: Implications for Inventorship and Ownership
• Patent Exhaustion and International Trade: Legal Complexities in Global Markets
• Trademark Dilution: Protecting the Distinctiveness of Brands in a Global Market
• Trademark Infringement and the Online Environment: Challenges and Legal Remedies
• The Intersection of Trademark Law and Freedom of Speech: Striking a Balance
• Non-Traditional Trademarks: Legal Issues Surrounding Sound, Color, and Shape Marks
• Trademark Licensing: Key Considerations for Brand Owners and Licensees
• Trademark Protection for Geographical Indications: Preserving Cultural Heritage
• Trademark Opposition and Cancellation Proceedings: Strategies and Legal Considerations
• Trademark Law and Counterfeiting: Global Enforcement Challenges
• Trademark and Domain Name Disputes: UDRP and Legal Strategies
• Trademark Law and Social Media Influencers: Disclosure and Endorsement Guidelines
• Trade Secrets vs. Patents: Choosing the Right Intellectual Property Protection
• Trade Secret Misappropriation: Legal Protections and Remedies for Businesses
• Protecting Trade Secrets in the Digital Age: Cybersecurity Challenges and Best Practices
• International Trade Secret Protection: Harmonization and Enforcement Challenges
• Whistleblowing and Trade Secrets: Balancing Public Interest and Corporate Secrets
• Trade Secret Licensing and Technology Transfer: Legal and Business Considerations
• Trade Secret Protection in Employment Contracts: Non-Compete and Non-Disclosure Agreements
• Trade Secret Misappropriation in Supply Chains: Legal Implications and Risk Mitigation
• Trade Secret Law and Artificial Intelligence: Ownership and Trade Secret Protection
• Trade Secret Protection in the Era of Open Innovation and Collaborative Research
• Artificial Intelligence and Intellectual Property: Ownership and Liability Issues
• 3D Printing and Intellectual Property: Navigating the Intersection of Innovation and Copyright
• Blockchain Technology and Intellectual Property: Challenges and Opportunities
• Digital Rights Management: Addressing Copyright Protection in the Digital Era
• Open Source Software Licensing: Legal Implications and Considerations
• Augmented Reality and Virtual Reality: Legal Issues in Content Creation and Distribution
• Internet of Things (IoT) and Intellectual Property: Legal Challenges and Policy Considerations
• Big Data and Intellectual Property: Privacy and Data Protection Concerns
• Artificial Intelligence and Patent Offices: Automation and Efficiency Implications
• Intellectual Property Implications of 5G Technology: Connectivity and Innovation Challenges
• Music Copyright and Streaming Services: Analyzing Legal Challenges and Solutions
• Fair Use in Documentary Films: Balancing Copyright Protection and Freedom of Expression
• Intellectual Property in Video Games: Legal Issues in the Gaming Industry
• Digital Piracy and Copyright Enforcement: Approaches to Tackling Online Infringement
• Personality Rights in Media: Balancing Privacy and Freedom of the Press
• Streaming Services and Copyright Licensing: Legal Challenges and Royalty Distribution
• Fair Use in Parody and Satire: Analyzing the Boundaries of Creative Expression
• Copyright Protection for User-Generated Content: Balancing Authorship and Ownership
• Media Censorship and Intellectual Property: Implications for Freedom of Information
• Virtual Influencers and Copyright: Legal Challenges in the Age of AI-Generated Content
• Intellectual Property Protection in Developing Countries: Promoting Innovation and Access to Knowledge
• Cross-Border Intellectual Property Litigation: Jurisdictional Challenges and Solutions
• Trade Agreements and Intellectual Property: Impact on Global Innovation and Access to Medicines
• Harmonization of Intellectual Property Laws: Prospects and Challenges for International Cooperation
• Indigenous Knowledge and Intellectual Property: Addressing Cultural Appropriation and Protection
• Intellectual Property and Global Public Health: Balancing Innovation and Access to Medicines
• Geographical Indications in International Trade: Legal Framework and Market Exclusivity
• International Licensing and Technology Transfer: Legal Considerations for Multinational Corporations
• Intellectual Property Enforcement in the Digital Marketplace: Comparative Analysis of International Laws
• Digital Copyright and Cross-Border E-Commerce: Legal Implications for Online Businesses
• Intellectual Property Strategy for Startups: Maximizing Value and Mitigating Risk
• Licensing and Franchising: Legal Considerations for Expanding Intellectual Property Rights
• Intellectual Property Due Diligence in Mergers and Acquisitions: Key Legal Considerations
• Non-Disclosure Agreements: Safeguarding Trade Secrets and Confidential Information
• Intellectual Property Dispute Resolution: Arbitration and Mediation as Alternative Methods
• Intellectual Property Valuation: Methods and Challenges for Business and Investment Decisions
• Technology Licensing and Transfer Pricing: Tax Implications for Multinational Corporations
• Intellectual Property Audits: Evaluating and Managing IP Assets for Businesses
• Trade Secret Protection and Non-Compete Clauses: Balancing Employer and Employee Interests
• Intellectual Property and Startups: Strategies for Funding and Investor Relations
• Intellectual Property and Access to Medicines: Ethical Dilemmas in Global Health
• Gene Patenting and Human Dignity: Analyzing the Moral and Legal Implications
• Intellectual Property and Indigenous Peoples: Recognizing Traditional Knowledge and Culture
• Bioethics and Biotechnology Patents: Navigating the Intersection of Science and Ethics
• Copyright, Creativity, and Freedom of Expression: Ethical Considerations in the Digital Age
• Intellectual Property and Artificial Intelligence: Ethical Implications for AI Development and Use
• Genetic Engineering and Intellectual Property: Legal and Ethical Implications
• Intellectual Property and Environmental Sustainability: Legal and Ethical Perspectives
• Cultural Heritage and Intellectual Property Rights: Preservation and Repatriation Efforts
• Intellectual Property and Social Justice: Access and Equality in the Innovation Ecosystem
• Innovation Incentives and Intellectual Property: Examining the Relationship
• Intellectual Property and Technology Transfer: Promoting Innovation and Knowledge Transfer
• Intellectual Property Rights in Research Collaborations: Balancing Interests and Collaborative Innovation
• Innovation Policy and Patent Law: Impact on Technology and Economic Growth
• Intellectual Property and Open Innovation: Collaborative Models and Legal Implications
• Intellectual Property and Startups: Fostering Innovation and Entrepreneurship
• Intellectual Property and University Technology Transfer: Challenges and Opportunities
• Open Access and Intellectual Property: Balancing Public Goods and Commercial Interests
• Intellectual Property and Creative Industries: Promoting Cultural and Economic Development
• Intellectual Property and Sustainable Development Goals: Aligning Innovation with Global Priorities

The intellectual property law research paper topics presented here are intended to inspire students and researchers to delve into the complexities of intellectual property law and explore emerging issues in this ever-evolving field. Each topic offers a unique opportunity to engage with legal principles, societal implications, and practical challenges. As the landscape of intellectual property law continues to evolve, there remains an exciting realm of uncharted research areas, waiting to be explored. Through in-depth research and critical analysis, students can contribute to the advancement of intellectual property law and its impact on innovation, creativity, and society at large.

Exploring the Range of Topics in Human Rights Law

Human rights law is a vital field of study that delves into the protection and promotion of fundamental rights and freedoms for all individuals. As a cornerstone of international law, human rights law addresses various issues, ranging from civil and political rights to economic, social, and cultural rights. It aims to safeguard the inherent dignity and worth of every human being, regardless of their race, religion, gender, nationality, or other characteristics. In this section, we will explore the diverse and expansive landscape of intellectual property law research paper topics, shedding light on its significance and the vast array of areas where students can conduct meaningful research.

• Historical Perspectives on Human Rights : Understanding the historical evolution of human rights is essential to comprehend the principles and norms that underpin modern international human rights law. Research papers in this category may explore the origins of human rights, the impact of significant historical events on the development of human rights norms, and the role of key figures and organizations in shaping the human rights framework.
• Human Rights and Social Justice : This category delves into the intersection of human rights law and social justice. Intellectual property law research paper topics may encompass the role of human rights in addressing issues of poverty, inequality, discrimination, and marginalization. Researchers can analyze how human rights mechanisms and legal instruments contribute to advancing social justice and promoting inclusivity within societies.
• Gender Equality and Women’s Rights : Gender equality and women’s rights remain crucial subjects in human rights law. Research papers in this area may explore the legal protections for women’s rights, the challenges in achieving gender equality, and the impact of cultural and societal norms on women’s human rights. Intellectual property law research paper topics may also address specific issues such as violence against women, gender-based discrimination, and the role of women in peacebuilding and conflict resolution.
• Freedom of Expression and Media Rights : The right to freedom of expression is a fundamental human right that forms the basis of democratic societies. In this category, researchers can examine the legal dimensions of freedom of expression, including its limitations, the role of media in promoting human rights, and the challenges in balancing freedom of expression with other rights and interests.
• Human Rights in Armed Conflicts and Peacebuilding : Armed conflicts have severe implications for human rights, necessitating robust legal frameworks for protection. Topics in this category may focus on humanitarian law, the rights of civilians during armed conflicts, and the role of international organizations in peacebuilding and post-conflict reconstruction.
• Refugee and Migration Rights : With the global refugee crisis and migration challenges, this category addresses the legal protections and challenges faced by refugees and migrants. Research papers may delve into the rights of asylum seekers, the principle of non-refoulement, and the legal obligations of states in providing humanitarian assistance and protection to displaced populations.
• Economic, Social, and Cultural Rights : Economic, social, and cultural rights are integral to human rights law, ensuring the well-being and dignity of individuals. Topics may explore the right to education, health, housing, and adequate standards of living. Researchers may also examine the justiciability and enforcement of these rights at national and international levels.
• Human Rights and Technology : The digital age presents new challenges and opportunities for human rights. Research in this category can explore the impact of technology on privacy rights, freedom of expression, and the right to access information. Intellectual property law research paper topics may also cover the use of artificial intelligence and algorithms in decision-making processes and their potential implications for human rights.
• Environmental Justice and Human Rights : Environmental degradation has significant human rights implications. Researchers can investigate the intersection of environmental protection and human rights, examining the right to a healthy environment, the rights of indigenous communities, and the role of human rights law in addressing climate change.
• Business and Human Rights : The responsibilities of corporations in upholding human rights have gained increasing attention. This category focuses on corporate social responsibility, human rights due diligence, and legal mechanisms to hold businesses accountable for human rights violations.

The realm of human rights law offers an expansive and dynamic platform for research and exploration. As the international community continues to grapple with pressing human rights issues, students have a unique opportunity to contribute to the discourse and advance human rights protections worldwide. Whether examining historical perspectives, social justice, gender equality, freedom of expression, or other critical areas, research in human rights law is a compelling endeavor that can make a positive impact on the lives of people globally.

How to Choose an Intellectual Property Law Topic

Choosing the right intellectual property law research paper topic is a crucial step in the academic journey of law students. Intellectual property law is a multifaceted and rapidly evolving field that covers a wide range of subjects, including patents, copyrights, trademarks, trade secrets, and more. With such diversity, selecting a compelling and relevant research topic can be both challenging and exciting. In this section, we will explore ten practical tips to help students navigate the process of choosing an engaging and impactful intellectual property law research paper topic.

• Identify Your Interests and Passion : The first step in selecting a research paper topic in intellectual property law is to identify your personal interests and passion within the field. Consider what aspects of intellectual property law resonate with you the most. Are you fascinated by the intricacies of patent law and its role in promoting innovation? Or perhaps you have a keen interest in copyright law and its influence on creative expression? By choosing a topic that aligns with your passions, you are more likely to stay motivated and engaged throughout the research process.
• Stay Updated on Current Developments : Intellectual property law is a dynamic area with continuous developments and emerging trends. To choose a relevant and timely research topic, it is essential to stay updated on recent court decisions, legislative changes, and emerging issues in the field. Follow reputable legal news sources, academic journals, and intellectual property law blogs to remain informed about the latest developments.
• Narrow Down the Scope : Given the vastness of intellectual property law, it is essential to narrow down the scope of your research paper topic. Focus on a specific subfield or issue within intellectual property law that interests you the most. For example, you may choose to explore the legal challenges of protecting digital copyrights in the music industry or the ethical implications of gene patenting in biotechnology.
• Conduct Preliminary Research : Before finalizing your research paper topic, conduct preliminary research to gain a better understanding of the existing literature and debates surrounding the chosen subject. This will help you assess the availability of research material and identify any gaps or areas for further exploration.
• Review Case Law and Legal Precedents : In intellectual property law, case law plays a crucial role in shaping legal principles and interpretations. Analyzing landmark court decisions and legal precedents in your chosen area can provide valuable insights and serve as a foundation for your research paper.
• Consult with Professors and Experts : Seek guidance from your professors or intellectual property law experts regarding potential intellectual property law research paper topics. They can offer valuable insights, suggest relevant readings, and provide feedback on the feasibility and relevance of your chosen topic.
• Consider Practical Applications : Intellectual property law has real-world implications and applications. Consider choosing a research topic that has practical significance and addresses real challenges faced by individuals, businesses, or society at large. For example, you might explore the role of intellectual property in facilitating technology transfer in developing countries or the impact of intellectual property rights on access to medicines.
• Analyze International Perspectives : Intellectual property law is not confined to national boundaries; it has significant international dimensions. Analyzing the differences and similarities in intellectual property regimes across different countries can offer a comparative perspective and enrich your research paper.
• Propose Solutions to Existing Problems : A compelling research paper in intellectual property law can propose innovative solutions to existing problems or challenges in the field. Consider focusing on an area where there are unresolved debates or conflicting interests and offer well-reasoned solutions based on legal analysis and policy considerations.
• Seek Feedback and Refine Your Topic : Once you have narrowed down your research paper topic, seek feedback from peers, professors, or mentors. Be open to refining your topic based on constructive criticism and suggestions. A well-defined and thoughtfully chosen research topic will set the stage for a successful and impactful research paper.

Choosing the right intellectual property law research paper topic requires careful consideration, passion, and a keen awareness of current developments in the field. By identifying your interests, staying updated on legal developments, narrowing down the scope, conducting preliminary research, and seeking guidance from experts, you can select a compelling and relevant topic that contributes to the academic discourse in intellectual property law. A well-chosen research topic will not only showcase your expertise and analytical skills but also provide valuable insights into the complexities and challenges of intellectual property law in the modern world.

How to Write an Intellectual Property Law Research Paper

Writing an intellectual property law research paper can be an intellectually stimulating and rewarding experience. However, it can also be a daunting task, especially for students who are new to the intricacies of legal research and academic writing. In this section, we will provide a comprehensive guide on how to write an effective and impactful intellectual property law research paper. From understanding the structure and components of the paper to conducting thorough research and crafting compelling arguments, these ten tips will help you navigate the writing process with confidence and proficiency.

• Understand the Paper Requirements : Before diving into the writing process, carefully review the requirements and guidelines provided by your professor or institution. Pay attention to the paper’s length, formatting style (APA, MLA, Chicago/Turabian, Harvard, etc.), citation guidelines, and any specific instructions regarding the research paper topic or research methods.
• Conduct In-Depth Research : A strong intellectual property law research paper is built on a foundation of comprehensive and credible research. Utilize academic databases, legal journals, books, and reputable online sources to gather relevant literature and legal precedents related to your chosen topic. Ensure that your research covers a wide range of perspectives and presents a well-rounded analysis of the subject matter.
• Develop a Clear Thesis Statement : The thesis statement is the central argument of your research paper. It should be concise, specific, and clearly convey the main point you will be arguing throughout the paper. Your thesis statement should reflect the significance of your research topic and its contribution to the field of intellectual property law.
• Create an Outline : An outline is a roadmap for your research paper, helping you organize your thoughts and ideas in a logical and coherent manner. Divide your paper into sections, each representing a key aspect of your argument. Within each section, outline the main points you will address and the evidence or analysis that supports your claims.
• Introduction : Engage and Provide Context: The introduction of your research paper should captivate the reader’s attention and provide essential context for your study. Start with a compelling opening sentence or anecdote that highlights the importance of the topic. Clearly state your thesis statement and provide an overview of the main points you will explore in the paper.
• Literature Review : In the early sections of your research paper, include a literature review that summarizes the existing research and scholarship on your topic. Analyze the key theories, legal doctrines, and debates surrounding the subject matter. Use this section to demonstrate your understanding of the existing literature and to identify gaps or areas where your research will contribute.
• Legal Analysis and Argumentation : The heart of your intellectual property law research paper lies in your legal analysis and argumentation. Each section of the paper should present a well-structured and coherent argument supported by legal reasoning, case law, and relevant statutes. Clearly explain the legal principles and doctrines you are applying and provide evidence to support your conclusions.
• Consider Policy Implications : Intellectual property law often involves complex policy considerations. As you present your legal arguments, consider the broader policy implications of your research findings. Discuss how your proposed solutions or interpretations align with societal interests and contribute to the advancement of intellectual property law.
• Anticipate Counterarguments : To strengthen your research paper, anticipate potential counterarguments to your thesis and address them thoughtfully. Acknowledging and refuting counterarguments demonstrate the depth of your analysis and the validity of your position.
• Conclusion : Recapitulate and Reflect: In the conclusion of your research paper, recapitulate your main arguments and restate your thesis statement. Reflect on the insights gained from your research and highlight the significance of your findings. Avoid introducing new information in the conclusion and instead, offer recommendations for further research or policy implications.

Writing an intellectual property law research paper requires meticulous research, careful analysis, and persuasive argumentation. By following the tips provided in this section, you can confidently navigate the writing process and create an impactful research paper that contributes to the field of intellectual property law. Remember to adhere to academic integrity and proper citation practices throughout your research, and seek feedback from peers or professors to enhance the quality and rigor of your work. A well-crafted research paper will not only demonstrate your expertise in the field but also provide valuable insights into the complexities and nuances of intellectual property law.

iResearchNet’s Research Paper Writing Services

At iResearchNet, we understand the challenges that students face when tasked with writing complex and comprehensive research papers on intellectual property law topics. We recognize the importance of producing high-quality academic work that meets the rigorous standards of legal research and analysis. To support students in their academic endeavors, we offer custom intellectual property law research paper writing services tailored to meet individual needs and requirements. Our team of expert writers, well-versed in the intricacies of intellectual property law, is committed to delivering top-notch, original, and meticulously researched papers that can elevate your academic performance.

• Expert Degree-Holding Writers : Our team consists of experienced writers with advanced degrees in law and expertise in intellectual property law. They possess the necessary knowledge and research skills to create well-crafted research papers that showcase a profound understanding of the subject matter.
• Custom Written Works : We take pride in producing custom-written research papers that are unique to each client. When you place an order with iResearchNet, you can be assured that your paper will be tailored to your specific instructions and requirements.
• In-Depth Research : Our writers conduct thorough and comprehensive research to ensure that your intellectual property law research paper is well-supported by relevant legal sources and up-to-date literature.
• Custom Formatting : Our writers are well-versed in various citation styles, including APA, MLA, Chicago/Turabian, and Harvard. We will format your research paper according to your specified citation style, ensuring accuracy and consistency throughout the paper.
• Top Quality : We are committed to delivering research papers of the highest quality. Our team of editors reviews each paper to ensure that it meets the required academic standards and adheres to your instructions.
• Customized Solutions : At iResearchNet, we recognize that each research paper is unique and requires a tailored approach. Our writers take the time to understand your specific research objectives and create a paper that aligns with your academic goals.
• Flexible Pricing : We offer competitive and flexible pricing options to accommodate students with varying budget constraints. Our pricing is transparent, and there are no hidden fees or additional charges.
• Short Deadlines : We understand that students may face tight deadlines. Our writers are skilled in working efficiently without compromising the quality of the research paper. We offer short turnaround times, including deadlines as tight as 3 hours.
• Timely Delivery : Punctuality is a priority at iResearchNet. We ensure that your completed research paper is delivered to you on time, allowing you ample time for review and any necessary revisions.
• 24/7 Support : Our customer support team is available 24/7 to assist you with any queries or concerns you may have. Feel free to contact us at any time, and we will promptly address your needs.
• Absolute Privacy : We value your privacy and confidentiality. Your personal information and order details are treated with the utmost confidentiality, and we never share your data with third parties.
• Easy Order Tracking : Our user-friendly platform allows you to easily track the progress of your research paper. You can communicate directly with your assigned writer and stay updated on the status of your order.
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When it comes to writing an exceptional intellectual property law research paper, iResearchNet is your reliable partner. With our team of expert writers, commitment to quality, and customer-centric approach, we are dedicated to helping you succeed in your academic pursuits. Whether you need assistance with choosing a research paper topic, conducting in-depth research, or crafting a compelling argument, our custom writing services are designed to provide you with the support and expertise you need. Place your order with iResearchNet today and unlock the full potential of your intellectual property law research.

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Intellectual Property

Should trees have publicity rights capturing value from the use of endangered species in advertising, nyt v. openai: the times’s about-face.

• Audrey Pope

Voluntary Commitments from Leading Artificial Intelligence Companies on July 21, 2023

Tech Companies Agree to Develop Mechanisms for Identifying AI-Generated Works.

Brody v. Fox Broadcasting Co.

Southern District of New York Holds that Fair Use May Be Raised on a Rule 12(B)(6) Motion to Dismiss.

Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith

Jack daniel’s properties, inc. v. vip products llc, of autonomy, sacred rights, and personal marks.

• Shyamkrishna Balganesh

Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption

• Jennifer E. Rothman

Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement

Google llc v. oracle america, inc..

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Intellectual Property Basics

Getting help.

This guide provides information about researching intellectual property law, including books, subscription databases, and free internet resources.

Intellectual Property: Summaries & Explanations

Get started with these books aimed at law school students.

Practice Centers

Practice Centers are landing pages that connect you with curated materials on a legal topic. The following practice centers provide strong starting places for intellectual property research. On these pages you can find cases, statutes and regulations, secondary sources, news and current awareness updates for practitioners.

• Trademarks & Copyrights Practice Center (BloombergLaw)
• Practicioner Insights for Intellectual Property (Westlaw)
• Copyright Law Practice Center (Lexis Plus)
• Trademark Law Practice Center (Lexis Plus)
• Intellectual Property Practice Center (VitalLaw)

Intellectual Property In depth

Dig deeper with these treatises on IP law

Keeping up with IP Law

Sources for news, new scholarship & current awareness

• SSRN Intellectual Property Law eJournals Working papers and pre-publication titles from the various SSRN eJournals on aspects of IP Law
• IP Blawgs via Justia

Study tools

Audio casefiles.

Download recordings of cases commonly read in first and second year courses.

• Audiocasefiles on Intellectual Property
• Audiocasefiles by Intellectual Property Casebook

CALI Lessons

CALI provides access to interactive, computer-based lessons designed to augment traditional law school instruction. You can use the lessons to supplement your studies and to review specific concepts.

• CALI Lessons on Intellectual Property
• CALI Authorization Code & Registration Harvard Law School access only. First time users: please register using the HLSL CALI Authorization code.

Patent Law: Summaries & Explanations

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Patent Law in Depth

U.S. Patent & Trademark Office

"The United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

• USPTO - About Us
• U.S. Constitution Art. 1 Sec. 8

The USPTO website provides education and guidance on how to conduct a patent search: 

• How to Conduct a Preliminary U.S. Patent Search Tutorial
• Patent Search Seven Step Strategy

USPTO also maintains databases that users can search within to learn more about prior art:

• Patent Public Search
• More Information on Searching for Patents

The US PTO puts out an Official Gazette, a journal, "published weekly on Tuesday, that includes bibliographic information and a representative drawing for each patent granted or trademark published on that issue date."

• Official Gazette for Patents

Google Patent Search

Google Patents includes U.S. PTO records from 1790 and the WIPO and EPO from 1978.

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"You can search the full text of U.S. patents by selecting "Patents" from within Google search, from the search box at the top of any patent page, or by typing the grant or application number into Google."  Advanced search features that allow you to find results by criteria such as inventor, classification, keyword, and filing date are also available.

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• Lexis TotalPatent One

This platform allows you to search issued patents, published patent applications, and utility models, globally. Full-text patent documents from 56 patent authorities are included. It also incorporates analytics, IP documentation, and editorial insights.

You can access Lexis TotalPatent One through the following:

• Lexis TotalPatent One Search Manual

Other Options

• Westlaw Edge Patents & Applications
• Bloomberg Global Patent Search

Keeping up with Patent Law

Sources for news, new scholarship & current awareness:

• Bloomberg Law Patent Page (Bloomberg Law)
• SSRN Intellectual Property Patent Law eJournal Working papers and pre-publication titles on of Patent Law

Copyright Law: Summaries & Explanations

Copyright Law in Depth

U.S. Copyright Office

The Copyright Office is a part of the Library of Congress.  It was established in 1870, and recognized by Congress as a separate department in 1897.   "The Copyright Office registers copyright claims, records information about copyright ownership, provides information to the public, and assists Congress and other parts of the government on a wide range of copyright issues."

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Through the Copyright Office you can search copyright records: 

• Search Copyright Records (U.S. Copyright Office)
• Copyright Public Records Portal

The Copyright Office has a notification system, alerts, website postings, and announcements:

• Copyright Office NewsNet

Search Copyrights

• U.S. Copyright Search (Westlaw)
• Copyrights Practice Center (Bloomberg Law)

"Fair use provisions of the copyright law allow use of copyrighted materials on a limited basis for specific purposes without requiring the permission of the copyright holder."  This often comes up in the academic context. Below are some materials providing more information and guidance on the fair use doctrine.

• Harvard Office of Scholarly Communications Fair Use
• HLS Fair Use and Copyrighted Material
• Harvard Office of General Counsel Copyright and Fair Use
• US Copyright Office Fair Use Index
• Copyright Fair Use Factors Courts Consider (Westlaw)

Keeping up with Copyright Law

• HeinOnline Copyright Law Journal Articles
• SSRN Copyright eJournal Working papers and pre-publication titles from the various SSRN eJournals on Copyright Law

Trademark Law: Summaries & Explanations

Trademark Law in depth

The United States Patent and Trademark Office (USPTO) registers trademarks based on the commerce clause of the Constitution (Article I, Section 8, Clause 3)."  Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The USPTO now has "new tools to clear away unused registered trademarks from the federal trademark register and [can] move applications through the registration process more efficiently." 

• Trademark Modernization Act of 2020

The USPTO website provides education and guidance on how to conduct a trademark search: 

• FAQ on Trademarks
• Online Trademark Tools
• Trademark Manual of Examining Procedure (TMEP)

USPTO also maintains databases that users can search within to learn more about claimed trademarks:

• Trademark Electronic Search System (TESS)

The USPTO also "handles appeals involving applications to register marks, appeals from expungement or reexamination proceedings involving registrations, and trial cases of various types involving applications or registrations."

• Trademark Trial and Appeal Board

The USPTO puts out an Official Gazette, a journal, "published weekly on Tuesday, that contains bibliographic information and a representative drawing for each mark published, along with a list of cancelled and renewed registrations."

• Official Gazette for Trademark

Search Trademarks

• Trademarks Search (Westlaw) Search U.S. federal and state, foreign and international trademark databases
• Trademarks Search (Lexis Plus)

Trademark Primary Law Resources

Statutes & regulations.

• 15 USCA Chapter 22 & Regulations (WestlawNext)
• Law Trademark Regulations (Bloomberg)
• Federal Trademark Cases (WestlawNext)
• Federal Court Trademark Opinions (Bloomberg Law)
• State Court Trademark Opinions (Bloomberg Law)

Keeping up with Trademark Law

• Trademark Law Practice Page (Bloomberg Law) News & current awareness, cases, statutes, & regulations
• SSRN Trademark Law eJournal Working papers and pre-publication titles from the various SSRN eJournals on trademark Law

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Intellectual Property

Download PDF version of guide for print

I. Introduction

"Intellectual property" (IP) refers to property rights in patents, inventions, trademarks, copyright and industrial designs. IP law has become increasingly complex and comprehensive as technology advances. This guide provides useful starting points for research on United States intellectual property law, including a general section on intellectual property law resources and specialized sections on the core areas of IP law: patents, copyright, and trademarks.

Patents and copyrights are authorized by the United States Constitution , which grants to the U.S. Congress "power...To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." U.S. Const. art. I, § 8, cl. 8. One can find intellectual property law in U.S. federal and state law and in international treaties (for example, the "TRIPS Agreement"). Often, U.S. federal and state intellectual property law is a mixture of U.S. common law, and federal and state statutes. Below is an annotated list of select intellectual property law resources.

II. General Resources

A. books & treatises.

• Sheldon W. Halpern,  Fundamentals of United States Intellectual Property Law: Copyright, Patent, Trademark , 5th ed. (KF2979 .H357 2015).
• This one-volume desk reference covers the basics of intellectual property topics, with case and statute references for further reading.
• J. Thomas McCarthy et al.,  McCarthy's Desk Encyclopedia of Intellectual Property , 3d ed. (Reference KF2976.4 .M38 2004)
• This volume provides useful definitions for the concepts and phrases found in the law of patents, trademarks and copyright. Entries include references to relevant cases, statutes, and treatises for further reading. Appendices include historical statistics on patent applications and trademark registration, as well as biographical timelines for the offices of Commissioner of Patents, Register of Copyright, and Commissioner of Trademarks.
• Arthur R. Miller and Michael H. Davis,  Intellectual Property: Patents, Trademarks and Copyright in a Nutshell , 5th ed. (Reserves KF2980 .M52 2012).
• This book, oriented towards law students, does a good job of summarizing the basics of U.S. copyright, patent and trademark law.
• Scholars and practitioners alike frequently cite this essential treatise on patents. The huge fourteen-volume looseleaf set includes a glossary of patent terms, federal circuit guide, forms, statutes and commentary. The library's print copy is no longer updated.

B. Periodicals, Websites & Blogs

• Duke Law and Technology Review : The DLTR is an online legal publication that provides thoughtful and in-depth coverage of the latest law and technology issues. The review publishes "iBriefs", short and accessible essays on current intellectual property topics.
• Intellectual Property Mall (University of New Hampshire School of Law, Franklin Pierce Center for Intellectual Property): The web site contains links to Congressional Research Service documents on intellectual property law and select legislative histories, including those for the Patent Act of 1952 and the Digital Millennium Copyright Act of 1998.
• Intellectual Property Watch : This sophisticated blog follows the latest news in all areas intellectual property including international and domestic IP issues. Visit the website to set up RSS feeds and email alerts.
• Managing Intellectual Property (Euromoney, 1991–) ( online ): This is a practice-oriented newsletter that is a valuable source of United States and international intellectual property law information.
• Patent, Trademark & Copyright Journal (BNA, 1970- ): This weekly publication provides case summaries and news stories related to intellectual property law. It is available online to current members of the Duke Law community through the Bloomberg Electronic Library .
• Lumen (formerly Chilling Effects ) This project of the Berkman Center for Internet & Society studies cease and desist letters concerning online content.  The site features an easy-to-use search engine connected to its database, as well as a blog covering recent news on take-down notices and other restrictive IP actions.
• The Electronic Frontier Foundation (EFF) The EFF is a nonprofit organization focusing on issues of civil liberties (including those related to intellectual property) as they relate to the digital world.  Their website includes the Deeplinks Blog as well as a collection of white papers and specific projects related to creator’s rights, patents, and more. 
• Both Lexis Advance and Bloomberg Law contain a number of other intellectual property newsletters and magazines that are oriented towards the practicing attorney. Lexis Advance includes Intellectual Property: Mealey’s Litigation Report .Westlaw includes Landslide.  In addition to the Patent and Trademark Copyright (Journal and Law Daily editions), Bloomberg has an intellectual property news page ( News & Law Reports > Latest News > Legal > Intellectual Property ).

C. Foreign & International Resources

Intellectual property law has become increasingly global in nature. Practitioners in the U.S. must often research international treaties, find foreign patent applications, and compare IP laws of other countries. Many U.S.-focused resources cited in the later sections of this guide also include information about foreign and international issues.

• WIPO Lex : The World Intellectual Property Organization (WIPO) hosts this searchable database of intellectual property legislation, which provides access to "national laws and treaties on intellectual property of WIPO, WTO and UN Members." In some cases this includes the full text of a country’s intellectual property legislation.
• Collection of National Copyright Laws : The collection has not been updated recently, but does provide an excellent overview of of national copyright laws from UNESCO member nations. The laws are official translations, in English, French, or Spanish, provided by member states. UNESCO no longer houses an active version of the site, but has preserved it in its web archive.
• I nternational Encyclopaedia of Laws: Intellectual Property ( online ). This multi-volume set contains sections ("monographs") which outline and describe the IP laws of around 60 countries, each written by an expert in the particular country’s legal framework.
• World Intellectual Property Organization Administered Treaties : Intellectual property has an expansive framework of international treaties. This website provides access to the full text of some of the most influential documents, including the Berne Convention, the WIPO Copyright Treaty, and the Patent Cooperation Treaty. It also provides information on recent actions taken by member states and new signatories.
• World Intellectual Property Report (BNA, 1997- ): This monthly newsletter provides news and analysis about global developments in IP law. It is available online to current members of the Duke Law community through the Bloomberg Electronic Library .

Westlaw and Lexis Advance provide access to foreign and international intellectual property law resources including patent and trademark applications from a number of other countries. These resources are accessible in the same manner as described in each topic area below. Bloomberg Law has a dedicated international IP law page, with links to treatises, treaties and conventions, regulatory agencies and organizations, and regional resources

D. Finding Materials in the Duke Libraries Catalog

When searching for intellectual property materials in the Duke Libraries Catalog , use general subject headings as a starting point and then select the appropriate subdivisions for a more precise search. Subject headings in intellectual property may include the following terms:

• Intellectual Property--United States
• Trademarks Law and Legislation
• Trademarks--United States
• Patents--International Law
• Patents--United States
• Copyright--International
• Copyright--United States
• Copyright Infringement
• License Agreements

III. Patent Law

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO). The right conferred by the patent grant is "the right to exclude others" who wish to make, use, offer for sale, or sell the patented invention in the United States or who might import the invention into the United States. 35 U.S.C. § 154. The requirements for patentability start at 35 U.S.C. § 101. Regulations on patent law commence at Title 37, chapter 1 of the Code of Federal Regulations .

• Irwin M. Aisenberg, Modern Patent Law Precedent: Dictionary of Key Terms and Concepts , 16th ed. (Reference KF3112 .M63 2014 & online in Westlaw). This is a dictionary of patent terms, organized alphabetically by keywords and phrases. Words and phrases are taken from summaries of leading patent cases with precedential value and from important sections in the U.S. Code. The library no longer receives updates of the print version.
• Donald S. Chisum, Chisum on Patents (also titled Patents: A Treatise on the Law of Patentability, Validity and Infringement ) (KF3110 .C4 & online in Lexis Advance). Scholars and practitioners alike frequently cite this essential treatise on patents. The huge fourteen-volume looseleaf set includes a glossary of patent terms, federal circuit guide, forms, statutes and commentary. The library's print copy is no longer updated.

R. Carl Moy, Moy's Walker on Patents , 4th ed. (KF3114.W32 & online in Westlaw). This multi-volume treatise revises a previous version entitled Lipscomb's Walker on Patents (3rd ed.) (KF3114 .W3 1984). The Westlaw full-text contains only the current volumes of the 4th edition as they are published; 3rd edition volumes which have not yet been revised by Moy are not available electronically.

• Janice M. Mueller, Patent Law , 4th ed. (KF3114.M84 2013). This title is part of the "Aspen Student Treaties Series," and provides an accessible overview of patent law concepts and principles. Chapters include discussion of each requirement for patentability. Footnotes cite to relevant cases, statutes and secondary sources, for further research.

B. Patent Grants and Applications

• Jeffrey G. Sheldon, How to Write a Patent Application  (Ref. KF3125.C5 .S473). This is an excellent loose-leaf on how to write patent applications. It provides an extensive discussion on writing applications for the three types of patents: utility, design, and plant. It also contains a discussion on particular types of patents including electrical patents, biotech patents, and chemical inventions. Select provisions of the Manual of Patent Examining Procedure are included in this publication.
• David Pressman, Patent It Yourself , 13th ed. ( online ). This title, from the popular legal self-help publisher Nolo Press, presents the patent application process in layperson’s terms. Sample forms and a glossary of definitions are included.
• USPTO, Manual of Patent Examining Procedure . This manual is intended for the use of patent examiners, who must decide whether a pending patent application meets all relevant laws and regulations. Each section describes a particular aspect of the application and examination process, and includes citations to related primary legal authority. All prior editions and revisions (back to 1949) are available at the site, as well in PDF through HeinOnline's Manual of Patent Examining Procedure Library.

C. Websites & Blogs

• United States Patent and Trademark Office  This official U.S. government web site on patents and trademarks is an excellent resource for researching patent grants, patent applications, and trademark registrations. The site also contains many essential reference sources and manuals geared towards the practitioner. The patent grants database contains images of U.S. patents issued since 1790 and the full text of all patents issued since 1976. A patent applications database contains full text and images of all patent applications since March 15, 2001. The USPTO also publishes the Official Gazette , the official journal of the USPTO, which is published every Tuesday and contains bibliographic information and representative drawings of patents granted on that date. 
• Google Patent Search  This patent search engine allows users to search the full text of issued patents and applications by keyword. Like the USPTO site, Google offers the entire collection of issued patents back to 1790, and selected patent applications. Patents are provided in downloadable PDF format.
• Derwent Innovations Index  Allows users to search patent and citation information across the Web of Science platform.  Patents are grouped by subject matter: chemical, electrical, electronic, and mechanical engineering.  
• Patent Term Calculator  (USPTO) This beta website estimates patent expiration dates for utility, plant or design patents. You must provide specific information such as the U.S. patent number to use the software.
• Patently-O: Patent Law Blog   This popular blog, maintained by an Associate Professor Dennis Crouch at The University of Missouri School of Law, posts the latest cases, developments, and reform efforts in patent law.

D. Westlaw/Lexis Advance/Bloomberg Law Research on Patents

Both Westlaw and Lexis Advance contain full text U.S. patent applications dating back to 2001. Similarly, both Westlaw and Lexis Advance possess a number of intellectual property treatises, newsletters and journals.

In Lexis Advance, follow the path  Browse > Sources > By Practice Area > Patent Law  to view available databases, which include Chisum on Patents (CHISUM), specialized news sources, and patent applications and grants from the U.S., Japan, Germany, and the U.K.

In the Westlaw, select  Secondary Sources > Intellectual Property  to view available materials, which include a superior collection of treatises on patent licensing, such as Eckstrom's Licensing in Foreign and Domestic Operations  and Modern Licensing Law  . 

Bloomberg Law has both a patent and a patent assignment searchable database, along with multiple online treatises, legal and regulatory, and news sources.  All are available on its patent practice center: Practice Centers > Patents & Trade Secrets.  Bloomberg Law also allows you to sign up for daily notifications of decisions in the Court of Appeals for the Federal Circuit (CAFC), which include links to full text of all precedential decisions and nonprecedential patent and trademark decisions.  

IV. Copyright Law

Federal copyright law is located in Title 17 of the U.S. Code. Copyright law protects "original works of authorship" that are fixed in a tangible form of expression. According to 17 U.S.C. § 102(a), copyrightable works may include the following subject matter categories:

• Literary works;
• Musical works, including any accompanying words;
• Dramatic works, including any accompanying music;
• Pantomimes and choreographic works;
• Pictorial, graphic, and sculptural works;
• Motion pictures and other audiovisual works;
• Sound recordings; and
• Architectural works.

However, copyright law does not apply to any "idea, procedure, process, system, method of operation, concept, principle, or discovery." 17 U.S.C. § 102(b). (Note: patent law may apply in some of these instances.)

The last major revision to U.S. copyright law was the Copyright Act of 1976 (90 Stat. 2541).  A legislative history of the revisions is available both in print and electronically, titled Omnibus Copyright Revision Legislative History (Documents Y 4.J 89/2:C 79 and on HeinOnline ). These materials have also been gathered in the  Kaminstein Legislative History Project: A Compendium and Analytical Index of Materials Leading to the Copyright Act of 1976  (KF2989.56.A16 K35 and on HeinOnline ).

Jane C. Ginsburg and Robert A. Gorman, Copyright Law (Reserves KF2994 .G56 2012).This brief introduction to U.S. copyright law covers the history of copyright, basics of copyright and proceeds to more advanced discussions of public policy issues touching upon related international copyright issues. Ginsburg is well known for her contributions to copyright law and theory.

Paul Goldstein, Goldstein on Copyright , 3d ed. (KF2979 .G633). Paul Goldstein, a professor at Stanford Law School, has written this scholarly treatise for lawyers, judges, legal researchers, and public policy decision-makers. The set is composed of 18 chapters on all aspects of copyright law. There are extensive citations to primary and secondary authorities including cases, statutes, regulations, legislative history and other documents.

• Mary LaFrance, Copyright Law in a Nutshell , 3d ed. (Reserve KF2994 .L34 2017).
• This short volume, written for use as a study aid, provides a basic introduction to copyright law.
• Marshall A. Laeffer, Understanding Copyright Law , 6th ed. (Reserves KF2994 .L43 2014).
• Another short volume meant for use as a study aid providing an overview of copyright law.
• Bruce P. Keller and Jeffrey P Cunard, Copyright Law: A Practitioner’s Guide (KF2994 .K345 & Looseleaf Updates).
• Covers the fundamentals of copyright law, analysis of key copyright cases, and analyzes how to make practical judgments based on this foundation. 
• Melville B. Nimmer and David Nimmer, Nimmer on Copyright: A Treatise on the Law of Literary, Musical and Artistic Property and the Protection of Ideas (KF2994.N56 1978 & in Lexis Advance).
• This looseleaf set is the classic scholarly treatise on copyright law. Courts and other scholars cite to it frequently. The treatise is an excellent starting place for researching specific aspects of copyright law. Updated three times a year, this treatise stays current with recent copyright law developments.
• William F. Patry, Patry on Copyright (KF2994 .P355 & in Westlaw). A multi-volume examination of copyright law, written by a former law professor who is currently the Senior Copyright Counsel to Google. The print edition features a foreword by Sandra Day O'Connor, who cited to Patry's work while a Supreme Court justice.

B. Websites & Blogs

• United States Copyright Office The official US website for copyright, this website offers copyright basics (including a link to title 17 of the United States Code), copyright registration, a searchable database of copyrights, developments in law and policy, and licensing information. This user-friendly website is a great starting point for general copyright questions.The site offers a short introduction to copyright law, which is available in both English  and Spanish .  Those interested in tracking copyright legislation, both current and historical, can do so through the site's Legislative Developments page. 
• Center for the Study of the Public Domain The Center, a project of Duke Law School, gathers and produces resources and research devoted to the contribution that works in the public domain (or works that are no longer or never were covered by copyright restrictions) contribute to speech, culture, science and innovation generally.
• Creative Commons is the brainchild of prominent intellectual property legal scholar Lawrence Lessig of Harvard Law School. It is a non-profit organization which offers model language for various copyright licenses that are less restrictive than traditional licenses. The licenses are offered free to the public.
• Copyright Term and the Public Domain in the United States   Copyright term can be difficult to ascertain. If you need to determine when a copyright term ends or if a work has fallen into the public domain, this Cornell University website is a useful guide.
• Stanford Copyright Renewal Database provides information on the copyright renewal status of books that were published in the United States between the years 1923-1963. This time period is unique in copyright law, since earlier works have generally fallen into the public domain, and works published after 1963 were given an automatic renewal by the 1976 revision of the Copyright Act. The titles covered by the Stanford database required a renewal application to avoid copyright expiration, and the records of these applications were previously difficult to obtain.
• Pre-1870 Copyright Records  This guide provides access to a collection of records not centralized in the Library of Congress, and previously thought to be lost.  The guide organizes the records by state of origin, and includes copyright ephemera. 

C. Westlaw/Lexis Advance/Bloomberg Law Research on Copyrights

Westlaw provides currently-available Copyright Office publications and circulars (search Copyright Info Circulars & Fact Sheets), the Copyright Office practices manual (search Copyright Office) and Copyright Law: A Practitioner's Guide . It also provides easy access to the Arnold & Porter Legislative History for the General Revision of the Copyright Act of 1976 (search Arnold & Porter Legislative Histories) as well as practice-oriented titles like Copyright Litigation Handbook (search Copyright Litigation Handbook).

Lexis Advance’s copyright databases can be accessed by following the path  Browse > Sources > By Practice Area > Copyright Law . Its collection also includes the full text of its Matthew Bender treatises, such as Nimmer on Copyright  and Geller and Nimmer's International Copyright Law and Practice .

Bloomberg Law now includes access to multiple books and treatises, including the  Copyright Law Deskbook . Follow the path Practice Centers > Trademarks & Copyright > Copyrights  for a collection of all Bloomberg’s resources. This page also has access to the significant laws, regulations, federal opinions, and regulatory organization documents.

V. Trademark Law

A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. Trademark law is embodied in both state and federal law. The seminal federal trademark law is called the "Lanham Act" (codified at 15 U.S.C. §§ 1051 et seq. ). Regulations for trademarks and trade names start at Title 37 of the C.F.R.

• Adam L. Brookman, Trademark Law: Protection, Enforcement and Licensing (KF3180 .B68). Written by a trademark attorney, this highly readable single-volume looseleaf publication is oriented towards attorneys that are new to trademark law. It is a useful reference source for academic research and includes helpful charts, citations to important case law and a table of cases. Updated through 2013, it provides a thorough analysis of differences between federal circuits on aspects of trademark law.
• Siegrun D. Kane, Kane on Trademark Law: A Practitioner's Guide (KF3180 .K363). From the Practising Law Institute, this fully updated loose-leaf guide covers the basics of American trademark law from registration through litigation.
• J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition , 5th ed. (KF3180.M32 2017 & Westlaw). This treatise is considered the most authoritative source of information about trademark and unfair competition law. Supplemented annually, it covers all aspects of trademark and unfair competition law.
• Linda A. Tancs, Understanding Trademark Law: A Beginner's Guide (Reference KF3180 .T36 2009). Part of Oceana's "Law for the Layperson" series, this volume provides a basic introduction to trademark registration, maintenance, and enforcement.
• United States Patent and Trademark Office The USPTO site contains a searchable database of over 3 million pending, registered, and dead trademarks. This database is referred to as the "Trademark Electronic Search System" or "TESS." The site also contains introductory materials and several U.S. federal trademark practice guides. The USPTO also maintains a directory of state trademark laws on the website, as well as a copy of its Trademark Manual of Examining Procedure , which provides reference work on the practices and procedures of the USPTO in the prosecution of trademark applications.
• The TTABlog This blog is maintained by John Welch of the law firm Wolf Greenfield in Boston, Massachusetts. It is updated on a regular basis with trademark news relating to the rulings of the Trademark Trial and Appeal Board (TTAB).

C. Westlaw/Lexis Advance/Bloomberg Law Research on Trademarks

Both Westlaw and Lexis Advance gather and organize federal and state trademark cases and trademark registration databases. In Westlaw, select Secondary Sources > Intellectual Property and select the relevant format , which includes the trademark examiner’s procedural manual. Westlaw also contains a useful database on domain disputes that includes dispute decisions from international organizations based on the Uniform Domain Name Dispute Resolution Policy. For a truncated list of trademark and trade secret related databases, type “Trade” into the unified search bar. 

In Lexis Advance, follow the path Browse > Sources > By Practice Area > Trademark Law to view available databases, which include registration information from U.S. and international jurisdictions, Matthew Bender treatises and practice materials, and specialized case law and legislative databases. Of particular use is Gilson on Trademarks , which contains in-depth analysis of trademark issues, a section of forms and drafting guides, and a primary source appendix.

In Bloomberg Law, follow the path Practice Centers > Trademarks & Copyrights > Trademarks & Copyrights Home .  The Practice Center allows you to focus on trademark litigation, prosecution, and counterfeiting, as well as other topics, and includes research databases and links to books and treatises. 

Related Topics

The Rights of Publicity and Privacy (KF1262 .M42 & Westlaw). This serial is a useful treatise addressing almost any topic in this area.  It is updated with a yearly supplement. The author also writes McCarthy’s Desk Encyclopedia of Intellectual Property (Reference KF2976 .M38).

Melvin F. Jager, Trade Secrets Law (KF3197 .J34 and Westlaw). This multi-volume set focuses on trade secrets litigations while discussing Fifth Amendments and Freedom of Information Act implications.

rev. wws 12/2017

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Articles on Intellectual property rights

Displaying 1 - 20 of 47 articles.

Smaller family companies are the unexpected innovation powerhouses in many countries in the world

Vitaliy Skorodziyevskiy , University of Louisville ; Chelsea Sherlock , Mississippi State University ; Clay Dibrell ; Emma Su , University of Dayton , and Jim Chrisman , Mississippi State University

Patently insufficient: a new intellectual property treaty does little to protect Māori traditional knowledge

David Jefferson , University of Canterbury ; Jesse Pirini , Te Herenga Waka — Victoria University of Wellington , and Jessica C Lai , Te Herenga Waka — Victoria University of Wellington

Patents based on traditional knowledge are often ‘biopiracy’. A new international treaty will finally combat this

Miri (Margaret) Raven , UNSW Sydney ; Alana Gall , Southern Cross University ; Bibi Barba , Indigenous Knowledge , and Daniel Robinson , UNSW Sydney

Kylian Mbappé has trademarked his iconic goal celebration – why a pose can form part of a player’s protected brand

Enrico Bonadio , City, University of London and Andrea Zappalaglio , University of Sheffield

Could a court really order the destruction of ChatGPT? The New York Times thinks so, and it may be right

João Marinotti , Indiana University

Canada’s Fall Economic Statement signals the ‘right to repair’ your tech devices

Anthony D Rosborough , Dalhousie University

Dressing up for Halloween? You could be in breach of copyright law, but it’s unlikely you’ll be sued

Wellett Potter , University of New England

How NZ’s own law helped Australia win the Manuka Honey trademark war

David Jefferson , University of Canterbury

Nollywood could see a major boost from Nigeria’s new copyright law - an expert explains why

Samuel Samiái Andrews. , University of Gondar

An international battle over cheese has left European producers feeling bitter

Canada needs a strategic plan to safeguard consumers against counterfeit and pirated goods

Hubert Pun , Western University

Is there a way to pay content creators whose work is used to train AI? Yes, but it’s not foolproof

Brendan Paul Murphy , CQUniversity Australia

In rural America, right-to -repair laws are the leading edge of a pushback against growing corporate power

Leland Glenna , Penn State

Content creators and corporations clash in Dungeons & Dragons licensing fiasco

Michael Iantorno , Concordia University

Dungeons & Dragons licence changes threaten the fan community the game relies upon – legal expert explains

Kim Barker , The Open University

A new law offers better protection for indigenous plants of significance to Māori, but no requirement to share profits

Canada needs to invest more money into science innovation to help prevent the next global crisis

Elicia Maine , Simon Fraser University

How Russia is using intellectual property as a war tactic

Enrico Bonadio , City, University of London and Alina Trapova , University of Nottingham

How the intellectual property monopoly has impeded an effective response to  Covid-19

Salam Alshareef , Grenoble École de Management (GEM)

Why Africa’s push to make vaccines should look further than  COVID-19

Bartholomew Dicky Akanmori , University of Ghana

Related Topics

• Intellectual property
• World Trade Organization

Top contributors

Reader in Intellectual Property Law, City, University of London

Senior Lecturer Above the Bar, University of Canterbury

Associate Professor in Public Health, La Trobe University

Lecturer in Intellectual Property Law, University of Sheffield

Associate Vice President for Entrepreneurship and Innovation, Clemson University

Clinical Professor of International Business, Georgia State University

Associate Professor, University of Dayton

Associate Professor, School of Law, University of Canberra

Senior Lecturer, International Law; Asian Business Law, Monash University

Professor of Computer Science, Georgia State University

Professor of Business Law, University of Michigan

Director, Centre for Transformative Innovation, Swinburne University of Technology

Professor Emeritus of Health Policy and Management, York University, Canada

Senior Lecturer in Law, University of Westminster

Professor of Business Law, Penn State

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Area of Interest Intellectual Property

From patents on lifesaving medicines and copyrights protecting the works of authors and artists, to trademarks and trade secrets, intellectual property laws safeguard the ideas and inventions that underpin the global economy. At Harvard Law School, students are exposed to dozens of courses and experts touching on every aspect of domestic and international intellectual property.

From Harvard Law Today

Hls professors, christopher t. bavitz.

Clinical Professor of Law

William W. Fisher

WilmerHale Professor of Intellectual Property Law

Jeannie Suk Gersen

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Intellectual Property Law Research Guide

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Intellectual Property Law Research

Intellectual property law databases, ip law blogs.

• Copyright Law
• Trademark Law

This research guide covers the main resources for U.S. federal intellectual property law. It includes individual tabs dedicated to the three primary areas of intellectual property law:  copyright ,  trademarks , and  patents . 

For a guide to international intellectual property law research, see Jonathan Franklin's  International Intellectual Property Law .

• BNA Intellectual Property Library
• BioTech Watch
• Media Law Reporter
• Patent Trademark & Copyright Law Daily
• Bloomberg Law IP Law News This link opens in a new window
• Lex Machina This link opens in a new window For more information about academic use and to sign up for the required online training, go to Lex Machina Public Interest . & more less... Lex Machina is a litigation analytics tool that captures data by crawling PACER, ITC's EDIS, USPTO, and state court data every 24 hours. It then mines this litigation data to reveal insights about judges, lawyers, parties, and patents. Law School faculty, students, and staff may request access for academic research.

Blogs edited by law professors, practitioners, and other experts on IP law can be very useful resources. A selection of blogs is provided here.

• The Invent Blog
• Lessig Blog
• Patently-O Blog
• The TTA Blog (Keeping Tabs on the TTA)
• Two-Seventy-One Patent Blog
• Wendy.Seltzer.Org (IP Blog)

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Intellectual Property Law Dissertation Topics

Published by Ellie Cross at December 29th, 2022 , Revised On May 3, 2024

A dissertation or a thesis in the study area of intellectual property rights can be a tough nut to crack for students. Masters and PhD students of intellectual property rights often struggle to come up with a relevant and fulfilling research topic; this is where they should seek academic assistance from experts.

An individual, a group, an association, an organisation or a company that wants to claim ownership of a particular design, piece of art, technology, literature, or physical or virtual property must adhere to a specific set of rules. Without these regulations, known as intellectual property rights, concerning parties will not be secure, and anyone could easily steal from them. If someone else attempts to take the property, the original owners are guaranteed the right to keep and reclaim it.

So let’s take a look at the list of unique and focused intellectual property law dissertation topics, so you can select one more suitable to your requirements and get started with your project without further delay. Don’t forget to read our free guide on writing a dissertation step by step after you have finalised the topic. 

A List Of Intellectual Property Law Dissertation Topics Is Provided Below

• How can virtual companies ensure that copyright rules are followed while creating their logos, websites, goods, and designs?
• What does it mean legally to own an original work of art or piece of property?
• Can the most recent technical developments coexist peacefully with the present patent rules and system?
• Does the UK’s intellectual property legislation protect the owners and users fairly and securely?
• Is there a connection between European and British intellectual property laws?
• Comparison of the institutions and regulations governing intellectual property in the US and the UK
• What do fair pricing and fair dealing with copyright regulations mean?
• Can a business or individual assert ownership of a colour scheme or hue?
• The conflict between business law and trade secrets
• The Difficult Relationship Between Intellectual Property and Contemporary Art
• Trade-Related Aspects of IP Rights: A Workable Instrument for Enforcing Benefit Sharing
• A US-UK Comparison of the Harmonisation of UK Copyright and Trademark Damages
• The difficulties brought by digitalisation and the internet are beyond the capacity of the copyright system to appropriately address them. Discuss
• Which copyright laws can be cited as protecting software?
• The law on online copyright infringement facilitation
• The necessity for companies to safeguard their brand value should serve as the primary
• Justification for trademark protection. The general welfare is only a secondary concern. Discuss
• Intellectual property rights are being directly used by businesses and investors: IP privateering and contemporary letters of marque and reprisal
• Decisions and dynamics in understanding the role of intellectual property in digital technology-based startups
• Investigating conflicts between appropriable and collaborative openness in innovation
• Assessing the strength and scope of our system for protecting the intellectual property rights of indigenous people
• Assessing legal protections for intellectual property rights online
• Does EU copyright legislation adequately balance the requirements of consumers and inventors?
• A case study of the US is used to evaluate fair dealing in terms of copyright law.
• Contrasting and comparing the US and UK intellectual property systems
• Are consumers and owners protected and treated fairly under EU intellectual property law?
• What effects has EU legislation had on the UK’s intellectual property system?
• What more should be done to increase the efficacy of the US’s present intellectual property laws?
• Analysing how Brexit may affect the UK’s protection of intellectual property rights
• An in-depth analysis of the UK’s invention and patenting system: Can the existing, rigid system stimulate innovation?
• The Role of Intellectual Property Rights in Promoting Innovation and Economic Growth.
• Comparative Analysis of Patent Laws: Case Study of the US, EU, and China.
• Challenges and Solutions of the Copyright Protection in the Digital Age
• The Impact of Open Access Initiatives on Intellectual Property Rights.
• Emerging Issues in Trademark Protection in the Global Marketplace
• Intellectual Property Enforcement in the Era of Online Piracy.
• Intellectual Property Rights and Artificial Intelligence
• Legal Frameworks and Indigenous Right for Biopiracy and Bioprospecting
• Plant Breeders’ Rights
• Pharmaceutical Patents and Access to Essential Medicines in Developing Countries.
• Intellectual Property Rights in the Fashion Industry

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When choosing a topic in intellectual property law, make sure your selection is based on your interests.

As an intellectual property rights law student, there are many areas you might base your thesis or dissertation on. For example, a copyright lawyer can defend the rights of creative works, a patent lawyer can provide lawful protection for inventors, and a trademark lawyer can assist with the protection of trademarks.  You could also investigate rights related to plant varieties, trade dresses, and industrial designs.

Dissertations take a lot of time and effort to complete. It is essential to seek writing assistance if you are struggling to complete the paper on time to ensure you don’t end up failing the module.

ResearchProspect is an affordable dissertation writing service with a team of expert writers who have years of experience in writing dissertations and are familiar with the ideal format.  P lace your order now !

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To find Intellectual Property Law dissertation topics:

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• Explore global IP issues.
• Consider economic implications.
• Select a topic aligning with your passion and career goals.

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Intellectual Property Research: Getting Started

• Getting Started
• Copyright Law
• Trademark Law
• International Intellectual Property Law

Google Scholar

Google Scholar is a search engine designed to help you find academic articles on any given topic.

What is Intellectual Property Law?

Helpful terms, abbreviations, and definitions.

IP = Intellectual Property

WIPO = World Intellectual Property Organization

AIPLA = American Intellectual Property Law Association

TRIPs = Agreement on Trade-Related Aspects of Intellectual Property Rights

Patent -  A negative right granted to an inventor, excluding others from making, selling, using and importing an invention for a period of time in exchange for publicly disclosing the invention.”

Trademark - A sign, design, or expression use to identify the products of a certain source from other similar products by different producers.

Copyright - An exclusive right given to a creator to use their original work for a certain period of time. Copyright does not cover the idea itself, on the manner in which it is expressed.

Trade Secret - Information, technology or technique used by businesses to gain an economic advantage over their competitors and consumers.

Anti-trust - attempts to prevent or control monopolies with the intention of increasing competition among related businesses.

Below are a list of databases with a broad collection of Intellectual Property Law materials. Most or all of these databases will require users to log on through campus computers or sign-in through the off-campus access option. 

Other Guides

For more information on how to get started researching intellectual property law, check out these helpful guides:

Justia Intellectual Property Center

American Bar Association - Intellectual Property

Madisonian.net

The Laboratorium

Arstechnica.com

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• Last Updated: May 22, 2024 1:45 PM
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Advanced Intellectual Property and Cyberlaw: Researching a Topic

• Topic Selection
• Researching a Topic
• Tips for Research and Writing

Below are some well-known IP and Cyberlaw legal treatises. Search the law library catalog or consult with a Reference Librarian for other suggestions.

Chisum on Patents : a Treatise on the Law of Patentability, Validity and Infringement  on Lexis  

McCarthy on Trademark and Unfair Competition on Westlaw

Nimmer on Copyright: a Treatise on the Law of Literary, Musical and Artistic Property, and the Protection of Ideas available on Lexis 

Milgrim on Trade Secrets  available on Lexis

Law of Computer Technology  on Westlaw

Computer Law: A Guide to Cyberlaw & Data Privacy Law  on Lexis

Law of the Internet  by Delta & Matsuura on Westlaw

Law of the Internet  by Steele, et. al. on Lexis

US Agencies and Congress

• Patent and Trademark Office This link opens in a new window
• Copyright Office
• Library of Congress: Bill and Law Info
• Federal Government Documents from GPO
• Federal Register -- Daily Journal of Fed Agencies
• regulations.gov -- includes Comments TO agencies on proposed regulations Some, but not all, federal agencies accept comments on proposed regulations thru regulations.gov. See agency's Federal Register announcement of proposed rule for submission information.

• Interlibrary Loan Services at Villanova Law Library

Finding Law Review Articles

To find law reivew articles on a topic, consider using these sources:

• Lexis Advance This link opens in a new window Use Lexis Advance to find law review articles by searching directly for articles OR by Shepardizing a case or statute to find articles on that law.

• Intellectual Property Law Commons

IDEA: The Intellectual Property Law Review 's mission is "to be recognized worldwide as the premier intellectual property publication providing practical articles which address new, controversial, and potential developments in intellectual property and related fields."  IDEA's home is the University of New Hampshire School of Law. The following links are from there:

• IDEA: The Intellectual Property Law Review Browse article titles in the current issue or past issues. Links to the full-text are provided.
• IP Mall The IP Mall offers unique IP content reviewed and maintained by the University of New Hampshire School of Law Library. It is a fine collection of IP resources that are not typically available in commercial databases. Search the site OR browse under these topics: Copyright, Patent, Trademarks, or General IP
• CRS Reports on IP, Cyberlaw & Electronic Commerce Congressional Research Services Reports are prepared for members of Congress. Some of these reports are available on the web and the IP Mall has collected those on intellectual property, cyberlaw and electronic commerce. These reports are usually well-researched, balanced, and well written.

Federal Court Dockets

• Bloomberg Law login screen

View federal pleadings under DOCKETS in Bloomberg Law.

Interdisciplinary Sources

Subject guide.

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• Last Updated: Jan 29, 2024 4:47 PM
• URL: https://libguides.law.villanova.edu/AdvIP_Research_Paper_Guide

Online Resources for Intellectual Property Law: Intellectual Property Law

Legal research on the web, in these series of guides we provide links to freely accessible sites on the internet relevant to legal research., intellectual property law.

• ABA Section on Intellectual Property Law
• American Intellectual Property Law Association
• Copyright and Fair Use Stanford University.
• Copyright Clearance Center
• Copyright Renewal Database Stanford University.
• Golden Gate University Intellectual Property Law Center
• Google Patents Search
• US Copyright Office
• US Patent and Trademark Office
• WIPO World Intellectual Property Organization.
• WIPO Lex World Intellectual Property Organization search engine for national laws and treaties on intellectual property (IP) of WIPO, WTO and UN Members.

Law Librarian

• Last Updated: Sep 11, 2024 2:35 PM
• URL: https://ggu.libguides.com/c.php?g=1423278

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In this article, we explore common questions about the FTO. We’ll also provide examples of the FTO in action and share tips on conducting searches and mitigating risks.

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Social media influencers and content creators work hard to build a reputation of expertise for specific topics, brands and industries. In fact, the influencer marketing industry is projected to be worth $15 billion by 2022 and currently accounts for roughly 15 percent...

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In this post, we’ll discuss why provisional patent applications are useful and explain what the PPA process entails. First, let’s break down the definition of a provisional patent application.

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The primary goal of a patent is to secure exclusive rights to produce and sell your invention or license others to do so. If you cannot enforce it, your patent is not very valuable. This article discusses ways you can strengthen the value and enforceability of your patent.

Understanding the Balance of Traditional IP Rights and Open Access Initiatives

Why would one choose protecting intellectual property (IP) that one could potentially profit from rather than making it freely available? Are there types of IP that should be more publicly accessible? These are complex questions continuing to be explored and debated as our innovation economy and information sharing capacity rapidly evolves.

Basics of IP Blog Series #1: What Can Be Patented?

This is Part 1 of our ‘Basics of IP’ blog series. The following has been adapted from “Can I Patent That?”, a Michelson IP animated short. 

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The relationship between intellectual property and AI

Like many of our clients, the IP lawyers at CMS are struck by the speed at which AI is developing and by the impact that AI will have on the application of the law. In this series of short articles, we will identify several questions that AI poses in the area of intellectual property law, and we will provide pragmatic answers. Our approach is based on our national law (which is Belgian law), but the legal reasoning will apply in many other jurisdictions, given that the areas of law we will cover – copyright law, personality rights, trademark law and design law – are governed by international treaties and European directives and regulations.

The first question is straightforward: Is the output of generative AI protected by copyright law? The answer is no. The person using AI to create something will not own any copyright in the creation.

In the EU, the Municipal Court in Prague in the Czech Republic was the first to clearly state that a picture generated by the AI tool DALL-E of OpenAI is not a copyright-protected work ( Decision of 11 October 2023 ). The user of DALL-E obtained the picture below by using the following prompt: “Create a visual representation of two parties signing a business contract in a formal setting, such as a conference room or a law firm in Prague. Show only their hands.”

The defendant had reproduced this picture and was sued in court, but the court rejected the claim of the alleged author, stating that only physical persons can create original works of authorship, not AI tools. The Prague judgment aligns with the case law of the European Court of Justice, which only grants copyright law protection to “an intellectual creation of the author, reflecting his personality and expressing his free and creative choices” (CJEU, 1 December 2011, C-145/10 , Eva-Maria Painer). A person using DALL-E with a particular prompt does not meet the threshold of originality and cannot claim protection under copyright law.

The District Court in Washington DC (US) reached the same conclusion two months earlier. It ruled that the Copyright Office acted properly when denying copyright registration for a work created without any human involvement. The work in question was a picture called “A Recent Entrance to Paradise” created by an AI computer program developed by Stephen Thaler:

The court rejected the claims of Mr Thaler because “human creativity is the sine qua non at the core of copyrightability, even as that human creativity is channeled through new tools or into new media”. According to the court, photographs may constitute copyrightable creations of authors, despite issuing from a mechanical device that merely reproduces an image of what is in front of the device, because the photographic result nonetheless represents the original intellectual conceptions of the author. This is not the case for AI creations ( Decision of 18 August 2023 ).

However, this does not mean that AI creations cannot be protected. To be eligible for copyright protection, the creator can adapt the non-protected AI creation, by adding, changing and deleting elements that reflect his or her personality and express his or her free and creative choices. At this point, a work of authorship emerges, just as with a piece of classical music – part of the public domain – that is rearranged by a modern composer, whose rearrangement will be protected by copyright.

Recommendation

If you use AI tools to make new “works” that you would like to be protected by copyright, modify them by adding new elements, deleting parts, incorporating colours or sounds, etc. By using your own creativity to enhance the AI creation, you will become the author of the final result, and your creation will be protected until 70 years after your death. Remember to keep all evidence of your creative intervention, because you may need it to enforce your rights one day.

This article was written by Tom Heremans, with the valued assistance of Microsoft’s Copilot. It is part of the series “AI and intellectual property rights”, written by the IP lawyers at CMS in Belgium. All the articles are available on our website ( link ). 

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Intellectual Property and Competition Law

• I. Principles and Functions of Intellectual Property Law and Competition Law

Definition of the Institute’s research topics begins with a spatial matrix comprised of three research axes.

- Principles and Functions of Intellectual Property Law and Competition Law - Configuration of Intellectual Property and Competition Law - Intellectual Property and Competition Law in Different Economic Areas

These research axes each contain numerous research priorities that can be redefined over time.

See all Position Statements

Position Statement on Modernisation of European Copyright Rules

Research Axis I. Principles and Functions of Intellectual Property Law and Competition Law

Research Axis II. Configuration of Intellectual Property and Competition Law

Research Axis III. Intellectual Property and Competition Law in Different Economic Areas

Intellectual property law and competition law have the complementary goal to create incentives for investment in research and development. In the continuous evaluation of the available mechanisms, economic parameters play an important role, as do fundamental rights and ethical considerations. The emergence of dysfunctional effects can be prevented primarily through a functioning balance of interests.

As part of a system of comprehensive market regulation, intellectual property law and competition law pursue complementary goals (the so-called complementarity theory). Both are committed to the same objectives of providing incentives for investment in research and development and prohibiting imitations without remuneration, while at the same time maintaining competitive pressure. In prohibiting anticompetitive conduct, competition law provides a framework in which competitive behaviour can develop, while unfair competition law provides rules for fair competition. Through intellectual property law, the legislator intervenes in these competitive processes by recognising the individual rights of market participants.

However, as regards intellectual property rights, one can observe that they are increasingly being used for purposes beyond the goal of promoting innovation, e.g. as a commodity and objects of investment, or merely strategic instruments in competitive struggle. This shift in function poses considerable challenges for research and legal practice, since it is by no means clear how such new functions are to be assessed from the perspective of legal policy, and how legitime and illegitimate use of rights can be distinguished. On the other hand, new innovation models are also being developed, where the use of intellectual property rights is increasingly employed to underpin cooperation rather than (only) exclusivity (e.g. creative commons and open innovation).

Economics, including various parameters such as efficiency and securing economic freedom, plays a decisive role with respect to market regulation law. Intellectual property law and competition law are a part of this with their common goal of promoting innovation. Economics provides decisive insights in the process of a continuous evaluation, further development and adaptation of legal instruments. However, a purely economic, efficiency-oriented approach ultimately falls short. Social needs, the dynamics of market behaviour and values beyond economic welfare must also be incorporated into the concept of comprehensive market regulation law. These aspects can be addressed, for example, through the principles of business ethics and, above all, through an internal balancing of interests within intellectual property law. In both fields of intellectual property and competition law, there is a particular need to create a balance between the economic incentives for individuals and the interests of third parties as well as the general public. For example, copyright sets economic incentives for market participants. At the same time it protects the immaterial interests of creators and is intended to secure cultural diversity – values which cannot be represented in monetary terms alone. One must also take into account the collision between fundamental rights (e.g. protection of property, the right to life, health, freedom of expression, etc.) when designing the scope of protection and the exceptions and limitations.

In the field of competition law, traditionally the the criterion of efficiency, on the one hand, and the securing of economic freedom, on the other, have traditionally stood in collision. But also here, a holistic approach can be pursued. Thus, the protection of open markets can and should be committed to equal opportunities for all economic operators. In the law against unfair competition, the criterion of fairness is of prime importance. Its relevance is particularly apparent in the context of the development of the digital economy where business models build on use of masses of personal data can hardly be evaluated on purely economic terms.

Whether and, if so, to what extent the existing regimes governing intellectual property and competition law fullfil their functions or whether they sometimes provoke dysfunctional effects is a core element and the starting point of basic legal research. How such regimes are to be designed and applied and which criteria play a role in the interaction beyond the efficiency-oriented functional consideration in order to create optimal incentives for innovation in the broadest sense is a question that is in need of constantly being re-examined in different contexts.

I.1 Innovation

“Innovation”, including its emergence, dissemination and protection, is complex, context dependent and culture specific. Innovation also has social, ethical as well as legal policy implications. Innovation can have positive or negative effects on society, social structures, the economy, environment and ethical values, which need to be adequately evaluated and addressed. In this respect, the focus is on the interaction and exchange between innovation and society.

The term “innovation” is complex. It includes, among other things, new developments in products, processes, services and structures that are introduced, accepted and disseminated in the market economy. In this context, innovation not only refers to technological advances – which are often only elements of the more comprehensive innovation process – but also to new behavioural and organisational developments in society. Thus, this encompassing term is not limited to specific products and processes that are commonly used as a yardstick for measuring and quantifying innovation (such as for the purpose of creating innovation rankings); rather, it also includes new developments that are regarded as innovation in different cultures (such as indigenous and local communities).

The emergence, dissemination and acceptance of innovation are equally context-dependent. Although individual, personal or entrepreneurial accomplishments can make a significant contribution, these are influenced by societal factors, such as culture, traditions, values and law. This is not only evident in relation to innovation processes based on sustainable collective behaviour (e.g. open innovation, user-generated content, agricultural development), but also with respect to innovations resulting from traditional industrial models of research and development.

Innovation is generally seen as a relevant contributor to economic growth, as well as to cultural and social development. The potential increase in social and economic prosperity through increased production efficiency, improvements in business and production methods, increasing convenience in daily life and creating culturally relevant information is, for example, among its desirable effects. However, this does not mean that innovation has an exclusively positive impact on society. Its development and resulting risks can lead to high social costs, while its social return can be jeopardised by an insufficient dissemination in society. For example, innovation in cases involving the use of human embryos, the genetic modification of humans and animals, unlawful access to genetic resources and traditional knowledge and other acts against public order and common decency, can collide with certain ethical principles and human rights. In addition, innovation can be accompanied by extremely negative consequences, such as environmental hazards, unemployment, economic crises, etc. It is also obvious that the business sector has neglected certain areas where innovation is needed, which should lead to consider a more prominent role of the State to influence the innovation process. Further, the advantages of innovative processes do not always (readily) reach everyone.

With this background in mind, civil society and the scientific community are now paying greater attention to innovations that correspond to certain social values and thus offer increased benefits for society. Innovations are needed that, alongside the goals of economic development, also support goals of ecological and social development (“sustainable” or “social innovation”), that do not stand in conflict with society’s moral values (“ethical innovation”) and whose unknown effects are the subject of an objective risk management in order to identify and protect potential victims.

Within the scope of basic research on the subject of innovation, the aim is to understand the different conditions under which innovation emerges, develops and becomes accepted, or is ignored or rejected by society. In this context, social values and the rule of law must be taken into account in order to determine which innovations are desirable. The resulting findings can be an important source of research for other main areas of research, in particular with regard to the incentive mechanisms offered.

An Examination of the Inventive Step Requirement in AI-related Inventions under the European Patent Convention and in the Practice of the European Patent Office

Anna Chiettini

CRISPR/Cas Technology, Innovation and Regulation

Reto M. Hilty, Pedro Henrique D. Batista, Ezgi Ediboğlu Sakowsky, Tobias Endrich-Laimböck, Elisabeth Hofmeister, Daria Kim, Matthias Lamping, Peter R. Slowinski, Miriam Steinhart

Grand Challenges

Reto M. Hilty, Carolina Banda, Michał Barycki, Pedro Henrique D. Batista, Francisco Beneke, Ezgi Ediboğlu Sakowsky, Tobias Endrich-Laimböck, Rebeca Ferrero Guillén, Begoña González Otero, Jörg Hoffmann, Elisabeth Hofmeister, Daria Kim, Matthias Lamping, Peter R. Slowinski, Miriam Steinhart, Hanns Ullrich, Laura Valtere

Interactions Between Artificial Intelligence and Intellectual Property Law

Prof. Dr. Josef Drexl, Prof. Dr. Dr. h.c. Reto M. Hilty, Yiqiong Chen, Artha Dermawan, Dr. Begoña González Otero, Jörg Hoffmann, Dr. Daria Kim, Shraddha Kulhari, Izv. Prof. Dr. Silke von Lewinski, Kateryna Militsyna, Dr. Valentina Moscon, Dr. Heiko Richter, Peter R. Slowinski, Dr. Klaus Wiedemann

Plant varieties as a vector of technology transfer: critical analysis with an innovation perspective

Dr. Nefissa Chakroun

The Right to Genetic Resources – Patent Law, Nagoya Protocol and Further Regulatory Options

Pedro Henrique D. Batista

I.2 Incentive mechanisms

Incentive theory forms the core of the economic justification for the current system of intellectual property rights. It is based upon two hypotheses. First, market failure is destined to occur in innovation-driven markets due to both the public goods attributes of ideas and a lack of inherent market mechanisms to adequately protect the originators of innovative ideas. As a result, imitation ensues at an undesirably higher rate than the creation of new and socially valuable ideas. Second, the allocation of exclusive, fixed-term property right is the best method for remedying the market failure. This foundational theory has been championed and challenged throughout the literature.

Research at the Institute examines the incentive theory by integrating methods and findings from other disciplines in order to determine the potential impact of intellectual property rights in specific markets.

Motivation for innovation or creative behaviour varies in nature. It may be personal (e.g. an artist’s intrinsic need to express creativity), social (e.g. a researcher’s desire for professional recognition) or market-dependent (e.g. a firm’s pursuit of financial gain). From a regulatory perspective, the critical question is whether existing legal mechanisms adequately account for these various motivations in order to support their effects.

Incentives for dynamic and innovative behaviour on the part of market participants are primarily based on competitive pressure. In this context, competition law plays an important role. Its function is to protect the competitive process against restrictions which result from the conduct of individual market participants. Competition law must be applied in such a way as to create optimal conditions for innovation. On its own, however, competition law is unable to generate incentives. Specific interventions in free competition may be necessary. In particular by vesting, under certain conditions, a privileged position in individual competitors, those incentives resulting from competition may be maintained or even strengthened. The current system of intellectual property rights is largely based on this economic justification.

This underlying incentive theory is based on a two-part hypothesis. The first presumption is that market failure, brought about largely by the public goods attributes of ideas, is destined to occur due to a lack of inherent market mechanisms which adequately protect such ideas from duplication (so-called free-riding). As a result, imitation ensues at an undesirably higher rate than the creation of new and socially valuable ideas. The second essential premise of the incentive theory is that a system based on an exclusive right provides an effective means of preventing such undesireable market behaviour.

Historically, other theories – such as labour theory or natural rights theory – have been put forth to justify the current system of intellectual property. Indeed, such theories are still put forth today. However, the incentive theory indisputably occupies the most prominent position among them. In particular, it is central to the question whether existing legal regimes are capable of adequately fulfilling their function, or to what extent modifications are necessary.

It is important, however, to take note of criticisms of the incentive theory. For instance, it has been argued that other external incentive mechanisms – e.g. price regulation or grants – may be equally and in certain environments even better suited to stimulating innovation. Intellectual property rights (IPRs) can also produce various adverse effects (e.g., the so-called tragedy of anti-commons) – a point which has been much discussed in economics-oriented literature. Criticism of the incentive theory has also come from the fields of cognitive and behavioural psychology. Social science research has called the market failure premise into question by theorising that external rewards are, in many instances, unnecessary to induce artistic and technological innovation. IPRs based on abstract economic logic may even lead to dysfunctional effects in certain constellations, hindering rather than enhancing innovation and creativity.

Against this background, legal research in the area of intellectual property law must understand and take into account both theoretical as well as empirical findings from various other disciplines in order to determine the potential impact of IPRs in specific markets.

Coordination of Intellectual Property Law with the New European Data Law

Prof. Dr. Josef Drexl, Dr. Valentina Moscon, Dr. Heiko Richter

Personalized Medicine – Incentives from Exclusivities Provided by IP and Regulatory Law

Laura Valtere

I.3 Change of function

We often observe a dissonance between the intended (ideal-typical) function of an intellectual property right and the use to which a given right is put under the influence of economic and technological factors. As regards the legal implications, such functional change often finds expression in extended legal protection that goes beyond the intended function of the intellectual property right. In this context a main area of research with three characteristics emerges which firstly examines the causes and consequence of various strategies of protection and competition. Secondly, the tensions between the goals of intellectual property protection and the modalities of that protection ought to be examined. Finally, the changing and emerging functions of intellectual property protection need to be contextualized in light of their implications for the scope of protection afforded by the law.

The notion of the “function” has an ambivalent status in intellectual property law. On the one hand, it is the key to understanding the substance and effect of rights. On the other hand, however, the complexity of the issues arising in that context bears a considerable risk of misunderstanding. A distinction has to be made between an “ideal-typical” or “essential” function as the very reason of the protection of a given intellectual property right, on the one hand, and the “legally protected” functions thereof, on the other. The ideal-typical function consists above all in the prohibition of any imitation by unauthorised third parties, and, with increasing importance, in the use of intellectual property rights as business assets. The “legally protected” functions can be distilled from the modalities of the protection afforded by the law. For example, while the ideal-typical function of trade marks consists in the identification of the corporate origin of a given product, the protection afforded by the law, such as in relation to marks with a reputation, may go further. In this sense, other functions of the trade mark are also “legally protected”.

In addition, intellectual property rights may also have economic or factual functions in connection with certain forms of (strategic) use or economic consequences, irrespective of whether or not it may be desirable to protect such forms of use. While ideal-typical functions are essentially a given, economic functions remain highly dynamic. That dynamic influences the legislature and judiciary, and thus concomitantly the nature and extent of legally protected functions. Such legal developments are in part reactions to economic and technological change, and in part economic and technological developments as such influence the behaviour of intellectual property rightholders (as in the context of digitalisation and cooperative or otherwise “open” forms of innovation).

Functional change typically leads to an extension of the subject-matter of protection (such as patents for computer programs or biotechnological innovation; trade mark protection for all sorts of shapes; copyright or data-base protection in the software sector), and of the scope of exclusivity (such as all types of use in trade mark law, and the making available right in copyright law), as well as the independence of the object of protection (such as the free transferability of trade marks, even only for selected classes of goods). The expansionist tendency of such functional change also favours tendencies towards overlaps between different intellectual property rights.

In principle, these phenomena are not new. What is new, however, is the level of refinement of market participants’ prosecution and exploitation strategies, and the vigour with which they are pursued. This can lead to a differentiation of the economic functions and potentially their solidification as legally protected functions.

A main area of research assessing on these developments has three characteristics:

First, the causes and consequences of differentiated strategies of protection and competition must be identified. In the area of patent law, this concerns, for example, the exploitation of inventions through R&D companies or non-practicing entities as a distinct business modell or the patenting behaviour of certain industries (e.g., in the ICT and pahrma sector), where the function of patents to protect innovation against imitation is superseded by strategic objectives. In the area of trade mark protection, a similar situation emerges concerning the new brand strategies of large companies or franchising practices.

Second, tensions between the goals of intellectual property protection, namely, the promotion of innovation, creativity and competition, and the means of realising these objectives, that is to say the grant of exclusive exploitation rights, must be resolved. Construing the scope for action and rights of exclusion afforded by intellectual property law in accordance with the objectives of that protection requires a normative trade-off. The modalities of this trade off will be identified and examined in the main areas of research mentioned under I.1 and 2.

Third, functional change impacts all system levels of intellectual property law, including the conditions and scope of protection, exceptions and limitations thereto, as well as remedies (e.g. injunctive relief or damages). Functional change also affects the law against unfair competition, the flexible sanctioning mechanisms of which often complement protection arising under intellectual property law. In general, we can say that this area is a moving target. The differentiation, and often the rebalancing of the functions of intellectual property protection, is a continuing process, influenced internally by legislative and judicial developments, and externally through economic and technological change. Given that the process involves innovation and creativity, it proceeds at a fast pace. Existing functions are typically not replaced by new ones but rather develop continuously.

Art Investments – The Applicability of Investor Protection and Transparency Regulations to the Art Market

Antonia von Appen

Die Konkurrenz von Urheberrecht und Lauterkeitsrecht im Binnenmarkt

Timmy Pielmeier

How does the Exhaustion of Rigths Adapt to the Blockchain Era?

Zhenni Chen

Prof. Dr. Josef Drexl, Prof. Dietmar Harhoff, Ph.D., Dr. Beatriz Conde Gallego, Peter R. Slowinski

Smart IP for Latin America

Prof. Dr. Dr. h.c. Reto M. Hilty, Juan Correa Gonzalo Nazar de la Vega

I.4 Fairness as a legal principle

There is a consensus that the competitive actions of market players should adhere to certain rules of commercial fairness. Most legal systems (at the national, European or international levels) therefore provide for some level of regulation. The principle of fairness also plays a role in the shaping and interpretation of IP legislation (for instance in trade mark law with the criterion of “honest practice”). In addition, it has influenced the European Directive on trade secrets protection. In view of this, an investigation into the fundamental tenets of this principle is necessary to develop a uniform system of judgement.

In a market economy, the participants’ actions aim at improving their position in the market. That a competitor’s position may at the same time weaken does not justify any legal intervention. On the contrary, this is a structurally inherent aspect of competition, and intense competition is usually in the interest of consumers. There is, however, a consensus that the actions of market players in gaining a competitive advantage should adhere to certain rules of commercial fairness. Most legal systems thus regulate commercial activities under the aspect of fairness (in Germany, e.g., pursuant to the Act against Unfair Competition). These rules, at least indirectly, also influence the shaping of intellectual property rights.

In international law, the basic consensus on fair competition is expressed in the concept of “honest practices in industrial or commercial matters” (Art. 10 bis   Paris Convention). In addition, European primary law has established the principle of undistorted competition, which consists not only in the legal principle of freedom of competition but also in the requirement of ethical behaviour in relation to competition. On this basis, at least in European law, the legal principle of fairness is achieved through a complementary system of unfair competition law (unfair trading rules) and intellectual property rights. This can best be seen in trade mark law, where  the concept of “honest practices“ is an element to establish the limitations of an absolute right. The principle of fairness is, however, also reflected in the considerations underlying the protection of well-known marks and the CJEU jurisprudence on the functions of trade marks. It has furthermore influenced Directive 2016/943 on the protection of trade secrets. The recognition of commercial fairness as an autonomous legal concept could, at least indirectly, also have an impact on those areas which are not yet harmonised and where fair trading rules thus fulfil a genuine task of protection. This all the more so since the concept of fairness plays a role in assessing national laws restricting trade on the basis of EU primary law (Article 34 TFEU).

Therefore, the guiding principles for a coherent system of judgement (including aspects of business ethics) have to be developed on the basis of primary and secondary European law as well as, where appropriate, through a comparison of national principles and traditions. This system should overarch existing legal systems and allow, if necessary, for the adaptation of their scope. Such a system could serve as a basis for the interpretation of criteria open to discussion within the already harmonised areas of intellectual property law (like trade mark law). It could be of particular importance where the legally defined categories of existing IP rights do not provide clear answers as to their application in new technological and economic constellations.

Competition Law Control of Excessive and Unfair Prices of Pharmaceuticals: An EU and South African Perspective

Isaac Kundakogo Kunko

Fairness als Rechtsprinzip – Die anständigen Marktgepflogenheiten der Digitalwirtschaft

Stefan Scheuerer

Local Famous Trademarks in China: Towards Reasonable and Appropriate Governance

Shaping Europe’s Digital Future: Rethinking EU Copyright and Related Rights Remuneration Mechanisms for Outputs Generated by Artificial Intelligence Systems

Artha Dermawan

I.5 Methodological questions

Methodological questions constitute a central element of the legal order. In its classical function, legal methodology aims at ensuring the consistent application and interpretation of existing legal norms. The need for taking recourse to the findings of other disciplines also arises in this context, for example, when indeterminate legal terms require definition or when a statutory provision needs to be interpreted in order to achieve the objectives of the field of law. The question of how insights from other disciplines can be incorporated into legal reasoning arises even more so when it comes to the evaluation of legal norms, the problem of an optimal design of regulations or concerning the definition of the objectives of a particular field of law. This is particularly true in the areas of intellectual property law, unfair competition law and the law against restraints of competition.

Methodological questions arise in all fields of law. The classical function of legal methodology is to ensure a consistent interpretation and application of existing legal norms. In this regard, there is a need to draw on the methodical and substantive knowledge of other disciplines, for example, when indeterminate legal concepts need to be defined or when the interpretation of the law requires a consideration of legislative objectives.

The need for interdisciplinary approaches is all the more necessary, not only when a mere interpretation of existing law is at issue, but also concerning the evaluation or the optimal design of legal norms. Here, the particular methodological challenge consists in making theories and methodological findings of other disciplines usable for the legislative process – e.g. economics, behavioural sciences, innovation, technology and creativity research. This challenge includes the identification and selection of relevant findings, their integration into the application and design of the law, and finally the further development and refinement of the legal instruments themselves.

This mechanism is of particular importance for the evolution of legal methodology with regard to competition law and intellectual property law in addition to the purely intradisciplinary development of, for example, comparative law. These areas of law are characterised by the co-existence of different regulatory layers (national, European and international) and by a plurality of legal methods. This results in inconsistencies, which can be mitigated by means of a further development and refinement of legal methods. In addition, the constant change in technologies and market conditions requires flexibility in the regulatory concepts of these fields of law. Therefore, in these fields of law the legislator, in attempting to achieve legal certainty, has often resorted to indeterminate and open legal terms.

Considering its economics-based concepts, competition law can hardly be interpreted and applied solely by resorting to the doctrine of classical methodology. The need for a consistent methodology increases even more where competition economics runs up against its own theoretical limits with regard to the objective of promoting innovation. The neo-classical instruments of competition economics have proved to beone-sidedly oriented towards static (price) competition. Thus, neoclassical economic thinking appears to be less suitable for securing dynamic competition. Therefore, a paramount methodological challenge exists in developing tools for detecting restraints on innovation competition.

Also in the field of unfair competition law, fundamental methodological questions arise. Here, the fundamental premises and objectives of this legal area – for example, with regard to consumer protection – are not clearly defined and doubts also arise with regard to the legal methodology. In particular, the interpretation of indeterminate legal terms as well as the interplay of purely national and European norms need to be clarified. Above all, it is necessary here to interpret and apply indeterminate and open legal concepts with regard to the permissibility of new business models. Finally, the question arises whether and how insights from behavioural economics can be drawn on.

With regard to intellectual property law, methodological challenges are particularly evident where the need for and the legitimacy of creating new intellectual property rights is being discussed. In addition, it must be ensured that the application of generally applicable intellectual property rights also leads to convincing solutions if these rights might have dysfunctional effects in a specific market context or if rights holders use intellectual property rights in a dysfunctional way. For the identification of - desired and undesirable - effects of existing intellectual property rights, the availability and informative value of empirical findings must also be examined. Finally, fundamental methodological questions arise in cross-border contexts, whether it is the development of the European intellectual property rights systems in the multi-level system or the coordination of conflicting international agreements.

Aktionärsstruktur und Wettbewerb: Gefährden horizontal-diversifizierte Großaktionäre durch ihr Netzwerk aus Minderheitsbeteiligungen den Wettbewerb?

Jonas Weller

Meca-Medina-Test des EuGH – Berücksichtigung sportspezifischer außerwettbewerblicher Faktoren im europäischen Kartellrecht

Tassilo Mürtz

Intellectual Property Implications of Artificial Intelligence and Ownership of AI-Generated Works

133 Pages Posted: 10 Jul 2023

Ashraf Tarek

Independent

Date Written: June 28, 2023

This dissertation explores the complex and evolving relationship between artificial intelligence (AI) and intellectual property (IP) law, specifically focusing on the ownership of the products created through AI. With the rapid advancements in AI technology, machines are increasingly capable of autonomously generating creative works, raising novel legal challenges. This study examines the existing legal frameworks, evaluates the adequacy of current IP laws, and proposes potential solutions to address the intellectual property implications of AI-generated works.

Keywords: Intellectual Property, Artificial Intelligence, Ownership of AI-Generated Works

Suggested Citation: Suggested Citation

Ashraf Tarek (Contact Author)

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