Developments and Directions in Intellectual Property Law 20 Years of The IPKat

Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.

1 - Twenty years of IPKat
2 - IP in the English court system
3 - The IP profession over the last twenty years
4 - 20 years of change in IP strategy and litigation
5 - IP and evidence - A 20-year journey to the mainstream
6 - Intellectual property teaching and research: How has the academy changed in the past two decades?
7 - Twenty years of U.S. digital copyright: Adapting from analog
8 - A view from the U.S. Copyright Office: Serving the public, Congress, the courts, and more from 2001 to 2021
9 - 20 years after - The state of EU copyright law
10 - 20 years in design law - What has changed?
11 - How image rights have changed over the past 20 years
12 - Lessons from the TRIPS waiver debate
13 - Copyright at the CJEU: Back to the start (of copyright protection)
14 - The copyright protection of makeup
15 - Sixty years of international performers' rights: Time for a performers' copyright?
16 - Fair use or fair dealing in Africa: The South African experience
17 - Music copyright infringement cases in the US and UK: Building a house upon the sand or the rock?
18 - Automatic Content Recognition (ACR) technologies: A copyright management tool for content-sharing platforms
19 - One does not simply upload a meme - Internet memes and the parody exemption in Europe
20 - From CD-copying vending machines to cloud-based TV recorders - 20 years of private copying in Germany
21 - New York right of publicity protects starlets and now ghouls
22 - Post-mortem rights of publicity - A comparison of New York and California
23 - Retromark: The last 20 years of trade marks
24 - Psychology, prototypicality, and basic shapes: The 'shape resulting from the nature of the goods' exclusion under EU trade mark law
25 - 3D trade marks: Distinctiveness and scope of protection
26 - Context of use in colour marks
27 - Revaluing periods of concurrent use in likelihood of confusion analyses
28 - Sprechen Sie Cambozola? On the lessons from the early years of “evocation”
29 - Of treats and treaties: The forgotten chapter of European Geographical Indications law
30 - Patentability of software in Europe
31 - Standard essential patents and FRAND licensing: The evolution of the European approach
32 - Trolls, sharks, and privateers: 20 years of patent assertion entities
33 - The doctrine of equivalents in the UK following Actavis v Lilly
34 - Rewriting European patent law by the back-door: On patents, politics, and peppers
35 - 20 years of SPC case law: A long way to go in the quest for clarity
36 - Cybersecurity standards and trade secrecy in the United States
37 - Intellectual property and sustainability
38 - A new Industrial Property Law in Mexico
39 - Punitive damages for intellectual property rights infringement in China
40 - Jane Austen's Mansfield Park and the treatment of intellectual property
41 - The open source licensing phenomenon: Pledge, transformation, and lessons learnt
42 - Unjustified threats in the online space
43 - The changing impact of IP on individuals and small businesses and the importance of pro bono services

Hayleigh Bosher is a Senior Lecturer in Intellectual Property Law and Associate Dean (Professional Development and Graduate Outcomes) at Brunel University London, as well as, Visiting Research Fellow at the Centre for Intellectual Property, Policy and Management, writer and Book Review Editor for the specialist IP blog IPKat, founder of the World IP Women (WIPW) network, and a legal consultant in the creative industries. Hayleigh's research focuses on copyright law and the creative industries and in particular she has attained an international reputation for her work on copyright in the music industry. Eleonora Rosati is Full Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University. An IPKat contributor since 2012, Eleonora is Of Counsel at Bird & Bird and holds visiting/guest professorships at Universidade Católica Portuguesa, EDEHC Business School, and CEIPI-Université de Strasbourg. An Editor of the Journal of Intellectual Property Law & Practice, Eleonora is the author of several academic publications on IP issues and regularly collaborates with EU institutions and agencies, as well as professional, IP-focused organizations.