Research

Haochen Sun and Barton Beebe (NYU)

Charting Limitations on Trademark Rights

Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition,…

May 12, 2023

Adrian Kuenzler

What competition law can do for data privacy (and vice versa)

Attempts to temper big technology firms’ outsized influence in online advertising demonstrate a convergence of opinions between experts as to the extent that the activities of such companies impinge on aspects of citizens’ lives, ranging from the loss of privacy to instances of exclusionary behaviour by incumbents drawn up to handicap competitors. But cutting back big technology firms’ influence through competition law…

November 1, 2022

Bryan Mercurio and Ronald Yu

An AI Policy for the (near) Future

Digital trade and digitally enabled services hold the promise of much-needed future growth and prosperity, but also pose unique challenges for trade policymaking. This eBook presents the proceedings from a conference organised by the UK Department for Digital, Culture, Media and Sport and the UK Trade Policy Observatory, hosted by CEPR,  to discuss new directions for digital trade policy.   To download…

April 27, 2021

不用智能電話的人

A piece of writing by Anne Cheung published on Ming Pao in January 2023.

January 12, 2023

Anupam Chander (Georgetown University) and Haochen Sun

Data Sovereignty: From the Digital Silk Road to the Return of the State

Who, if anyone, should regulate the internet? Governments around the world have answered this question robustly: they will. Data sovereignty-the exercise of control over the internet-is the ambition of world leaders as a natural extension of traditional sovereignty and as a bulwark against the reach of foreign power. The question posed to governments now is not who should regulate the internet, but…

February 1, 2024

Adrian Kuenzler

On (some aspects of) social privacy in the social media space

Recent scholarly debates about privacy in digital markets involve two distinct domains: privacy as individual autonomy; and privacy as a social practice of information-sharing and visibility. Both domains are preoccupied with different questions but legal scholarship does not always account for their disparity. On the one hand, the autonomy scholars who study privacy are inclined to stress the manner in which privacy…

October 21, 2021

Tien-Hsuan Wu, Ben Kao, Anne S.Y. Cheung, Michael M.K. Cheung, Chen Wang, Yongxi Chen, Guowen Yuan, Reynold Cheng

Integrating Domain Knowledge in AI-Assisted Criminal Sentencing of Drug Trafficking Cases

Judgment prediction is the task of predicting various outcomes of legal cases of which sentencing prediction is one of the most important yet difficult challenges. We study the applicability of machine learning (ML) techniques in predicting prison terms of drug trafficking cases. In particular, we study how legal domain knowledge can be integrated with ML models to construct highly accurate predictors. We…

June 9, 2021

Anne Cheung

誰來管AI

A piece of writing by Anne Cheung published on Ming Pao in February 2023.

February 16, 2023

Haochen Sun and Madhavi Sunder (Georgetown University)

Intellectual Property, COVID-19 and the Next Pandemic: Diagnosing Problems, Developing Cures

This volume assesses the role of intellectual property in pandemic times through lessons learned from COVID-19. Authored by an international roster of experts, chapters diagnose causes for the inequitable distribution of lifesaving COVID-19 vaccines and offer concrete suggestions for reform. From delinking vaccine development from monopoly rights in technology, to enhanced legal requirements under national and international law for sharing publicly funded…

December 10, 2024

Adrian Kuenzler

Intellectual property on the cusp of the intangible economy

This contribution illustrates that, while technological advancements gradually remove the natural scarcity of goods, the law increasingly has turned to the protection of immaterial rarity so as to conserve the market’s original condition. At the same time, advances in the gathering and use of consumers’ data are opening up new possibilities for consumption so that the traditional producer will likely suffer significant…

May 3, 2021