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The Patent-Competition Interface in Developing Countries

Thomas Cheng

The Patent-Competition Interface in Developing Countries

About the book: Proposes a development stage-specific approach to the patent-competition interface in developing countries, taking into account their technological capacity Offers a detailed illustration of the approach with a wide range of patent exploitation practices, including analysis of the relevant theoretical issues and a survey of the relevant case law from the US, the EU, and select developing countries Provides an…

March 16, 2022

How Many Latours Is Too Many? Measuring Brand Name Congestion in Bordeaux Wine

Christopher Buccafusco, Jonathan S. Masur, Ryan Whalen

How Many Latours Is Too Many? Measuring Brand Name Congestion in Bordeaux Wine

Firms rely on brand names to market goods to consumers, and consumers rely on brand names to locate goods that satisfy their preferences. If multiple firms are using the same or similar names, consumers may be confused about which product to buy, and firms may not obtain the benefits of their investments in quality. Recently, both firms and scholars in a number…

February 18, 2022

From Datafication to Data State: Making Sense of China’s Social Credit System and Its Implications

Anne Cheung & Yongxi Chen

From Datafication to Data State: Making Sense of China’s Social Credit System and Its Implications

We live in an age of datafication wherein nearly all aspects of our lives can be transformed into data and evaluated. The authors seek to make sense of the heightened datafication-enabled social control under China’s Social Credit System (SCS) by developing the concept of the data state. A “data state” is defined as a governance model enabling the state to comprehensively monitor,…

December 9, 2021

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

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

Tech Wars and the Conflict of Public Interests

Haochen Sun and Peter Wat

Tech Wars and the Conflict of Public Interests

The U.S. government has waged “tech wars” against companies under the banner of national security. But is consumer welfare being sacrificed to win these wars? This Article offers an in-depth study of the emerging conflict between two public interests—consumer welfare and national security—in the context of antitrust law. It considers the ramifications of the patent abuse case, FTC v. Qualcomm, which sheds…

June 18, 2021

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

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

New Changes, New Possibilities: China’s Latest Patent Law Amendments

Ronald Yu & Kenneth Yip

New Changes, New Possibilities: China’s Latest Patent Law Amendments

New amendments to China’s Patent Law feature open licensing which should encourage the use of patents, and promote the more rapid broadcast and dissemination of new technology. They should also offer the possibility of greater transactional visibility, transparency and traceability which has important ramifications for IP valuation and reporting in IPOs, annual and other reports. Other provisions underscore China’s efforts to improve…

March 9, 2021

Bridging the Digital Chasm through the Fundamental Right to Technology

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

Intellectual property on the cusp of the intangible economy

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

The Cambridge Handbook of Copyright Limitations and Exceptions

Edited by Shyamkrishna Balganesh, Ng-Loy Wee Loon and Haochen Sun

The Cambridge Handbook of Copyright Limitations and Exceptions

While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime’s various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright’s grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of…

April 27, 2021