Intellectual property

Infringement in Law Infringement is one of the central concepts in modern legal systems. At its core, infringement refers to the unauthorized violation, encroachment, or interference with legally protected rights. The term appears across numerous branches of law, including intellectual property law, constitutional law, contract law, property law, privacy law, Read more

Service Marks in Law: Distinguishing Commercial Identity in the Intangible Economy I. Introduction: From Goods to Services — The Expansion of Trademark Logic Classical trademark law emerged in an economic world dominated by tangible commodities: cloth, wine, metal tools, books. Marks functioned as indicators of origin stamped onto physical goods. Read more

Trade-Related Aspects of Intellectual Property Rights (TRIPS) I. Introduction The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) represents one of the most significant milestones in the globalization of intellectual property (IP) law. Adopted in 1994 as part of the establishment of the World Trade Organization (WTO) under the Read more

The First Sale Doctrine: Why You Can Resell a Book But Not a Digital SongComparing Kirtsaeng v. Wiley to Software Licensing I. Introduction The First Sale Doctrine is a cornerstone of American copyright law, enshrined in §109 of the U.S. Copyright Act. It limits the rights of copyright holders by Read more

Patentable Subject Matter: The Boundaries of § 101 I. Introduction What is a Patentable Subject Matter? Patent law in the United States is grounded in a constitutional mandate to “promote the progress of science and useful arts.” Codified primarily in Title 35 of the U.S. Code, the law provides inventors Read more

Fan Fiction & Copyright Law: When Does Homage Become Theft? In the vast landscape of contemporary storytelling, fan fiction occupies a peculiar, often paradoxical space. It is an act of homage and creativity that thrives on borrowed worlds and beloved characters—yet it teeters on the edge of legal boundaries defined Read more

Is Plagiarism a Crime? A Legal Perspective From a legal standpoint, the question of whether plagiarism constitutes a crime requires a nuanced examination of intellectual property law, specifically the distinctions between moral wrongdoing, academic dishonesty, and criminal liability. While plagiarism is universally condemned in academic, journalistic, and professional contexts as Read more

Beijing Treaty on Audiovisual Performances: A Milestone in Intellectual Property Rights The Beijing Treaty on Audiovisual Performances, adopted on June 24, 2012, by the World Intellectual Property Organization (WIPO), is a landmark international agreement aimed at strengthening the rights of performers in audiovisual works. Before this treaty, performers in film, Read more