Research
Publications
Bryan Mercurio & Ronald Yu
Regulating Cross-Border Data Flows: Issues, Challenges and Impact
Yu, Ronald & Mercurio, Bryan, Regulating Cross-Border Data Flows: Issues, Challenges and Impact (Anthem Ethics of Personal Data Collection), Anthem Press, August 2022.
August 1, 2022
Anne Cheung
AI 馴民
Writing by Anne Cheung published on Ming Pao in April 2024.
May 3, 2024
Taorui Guan
Personalizing Patent Law with Social Credit Data
In the era of digitization, data has become a pivotal force driving advancements across various sectors and transforming legal systems worldwide. China, in particular, is exploring new data-driven governance models. A prime example of this is its integration of the patent system with the Social Credit System (SCS). This paper aims to fill the void in theoretical research on this subject, moving…
July 8, 2024
Bernard Chao, Ryan Whalen, Aaron S. Kesselheim, and S. Sean Tu
Clearing Dense Drug-Patent Thickets
Brand-name drug manufacturers in the United States charge high prices during market-exclusivity periods, enabled by patents that block direct competition from generics and biosimilars. When bringing a generic or biosimilar drug to the market, potential competitors must avoid infringing on each patent protecting the brand-name drug by waiting for relevant patents to expire, making product-design choices to avoid overlap with patented inventions,…
November 27, 2024
Haochen Sun
Bridging the Digital Chasm through the Fundamental Right to Technology
The COVID-19 pandemic exposed extreme inequities in Internet access throughout the United States. It is estimated that approximately 42 million American people still lacked the capacity to purchase broadband Internet access as of February 2020. Given the scale of this social problem and the urgent need to address it, this Article suggests that it is time to recognize a new fundamental right…
May 14, 2021
Ronald Yu & Bryan Mercurio
Does Hong Kong Need a Coherent Policy on Cross Border Data Flows to Really Be Smart?
Data flows are becoming ever more important to smart cities. Owing to the plethora of interconnections, an action in one area can result in unintended consequences elsewhere–and while a holistic approach to managing data and data flows sounds desirable, it remains to be seen whether such an approach is achievable. This chapter will explore the conflicting legal and other issues smart cities…
May 29, 2022
Anne Cheung
23與我
Writing by Anne Cheung published on Ming Pao in July 2024.
July 22, 2024
Taorui Guan
Collaborative Protection of Intellectual Property
What constitutes the optimal approach to intellectual property (“IP”) protection? The mainstream method, prevalent in many countries, including the United States, is a court-centric model. In contrast, in response to heightened international innovation competition, China adopted an expansive collaborative protection model. This groundbreaking approach extends beyond governmental bodies, such as courts and administrative agencies, to non-governmental entities like private actors, social organizations,…
December 12, 2024
Laura Pedraza-Fariña and Ryan Whalen
The Ghost in the Patent System: An Empirical Study of Patent Law’s Elusive 'Ordinary Artisan'
Patent law shares with tort law the presence of an artificial character that structures judicial decision-making. Much like the reasonable person in tort law, the “person having ordinary skill in the art” (or PHOSITA) frames judicial inquiries into such central patent law questions as whether an invention is obvious, set out in sufficient detail, or infringed by a competitor. The PHOSITA’s perspective…
November 15, 2022
Ronald Yu
The Complexities of IP and NFTs
This online article talks about what NFT is, and how the the Intellectual Property issues relating to NFTs add new layers of complexity to the digital assets. To view the full online article, please click here: https://www.inhousecommunity.com/article/complexities-ip-and-nfts/ Author: Ronald Yu Published in In-House Community Magazine, Vol. 1, Issue 2, June 2021
June 23, 2021