Intellectual Property Law Research Paper Topics

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Welcome to the realm of intellectual property law research paper topics , where we aim to guide law students on their academic journey by providing a comprehensive list of 10 captivating and relevant topics in each of the 10 categories. In this section, we will explore the dynamic field of intellectual property law, encompassing copyrights, trademarks, patents, and more, and shed light on its significance, complexities, and the diverse array of research paper topics it offers. With expert tips on topic selection, guidance on crafting an impactful research paper, and access to iResearchNet’s custom writing services, students can empower their pursuit of excellence in the domain of intellectual property law.

100 Intellectual Property Law Research Paper Topics

Intellectual property law is a dynamic and multifaceted field that intersects with various sectors, including technology, arts, business, and innovation. Research papers in this domain allow students to explore the intricate legal framework that governs the creation, protection, and enforcement of intellectual property rights. To aid aspiring legal scholars in their academic pursuits, this section presents a comprehensive list of intellectual property law research paper topics, categorized to encompass a wide range of subjects.

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  • Fair Use Doctrine: Balancing Creativity and Access to Knowledge
  • Copyright Infringement in the Digital Age: Challenges and Solutions
  • The Role of Copyright Law in Protecting Creative Works of Art
  • The Intersection of Copyright and AI: Legal Implications and Challenges
  • Copyright and Digital Education: Analyzing the Impact of Distance Learning
  • Copyright and Social Media: Addressing Infringement and User Rights
  • Copyright Exceptions for Libraries and Educational Institutions
  • Copyright Law and Virtual Reality: Emerging Legal Issues
  • Copyright and Artificial Intelligence in Music Creation
  • Copyright Termination Rights and Authors’ Works Reversion
  • Patentable Subject Matter: Examining the Boundaries of Patent Protection
  • Patent Trolls and Innovation: Evaluating the Impact on Technological Advancement
  • Biotechnology Patents: Ethical Considerations and Policy Implications
  • Patent Wars in the Pharmaceutical Industry: Balancing Access to Medicine and Innovation
  • Standard Essential Patents: Analyzing the Role in Technology Development and Market Competition
  • Patent Thickets and the Challenges for Startups and Small Businesses
  • Patent Pooling and Collaborative Innovation: Advantages and Legal Considerations
  • Patent Litigation and Forum Shopping: Analysis of Jurisdictional Issues
  • Patent Law and Artificial Intelligence: Implications for Inventorship and Ownership
  • Patent Exhaustion and International Trade: Legal Complexities in Global Markets
  • Trademark Dilution: Protecting the Distinctiveness of Brands in a Global Market
  • Trademark Infringement and the Online Environment: Challenges and Legal Remedies
  • The Intersection of Trademark Law and Freedom of Speech: Striking a Balance
  • Non-Traditional Trademarks: Legal Issues Surrounding Sound, Color, and Shape Marks
  • Trademark Licensing: Key Considerations for Brand Owners and Licensees
  • Trademark Protection for Geographical Indications: Preserving Cultural Heritage
  • Trademark Opposition and Cancellation Proceedings: Strategies and Legal Considerations
  • Trademark Law and Counterfeiting: Global Enforcement Challenges
  • Trademark and Domain Name Disputes: UDRP and Legal Strategies
  • Trademark Law and Social Media Influencers: Disclosure and Endorsement Guidelines
  • Trade Secrets vs. Patents: Choosing the Right Intellectual Property Protection
  • Trade Secret Misappropriation: Legal Protections and Remedies for Businesses
  • Protecting Trade Secrets in the Digital Age: Cybersecurity Challenges and Best Practices
  • International Trade Secret Protection: Harmonization and Enforcement Challenges
  • Whistleblowing and Trade Secrets: Balancing Public Interest and Corporate Secrets
  • Trade Secret Licensing and Technology Transfer: Legal and Business Considerations
  • Trade Secret Protection in Employment Contracts: Non-Compete and Non-Disclosure Agreements
  • Trade Secret Misappropriation in Supply Chains: Legal Implications and Risk Mitigation
  • Trade Secret Law and Artificial Intelligence: Ownership and Trade Secret Protection
  • Trade Secret Protection in the Era of Open Innovation and Collaborative Research
  • Artificial Intelligence and Intellectual Property: Ownership and Liability Issues
  • 3D Printing and Intellectual Property: Navigating the Intersection of Innovation and Copyright
  • Blockchain Technology and Intellectual Property: Challenges and Opportunities
  • Digital Rights Management: Addressing Copyright Protection in the Digital Era
  • Open Source Software Licensing: Legal Implications and Considerations
  • Augmented Reality and Virtual Reality: Legal Issues in Content Creation and Distribution
  • Internet of Things (IoT) and Intellectual Property: Legal Challenges and Policy Considerations
  • Big Data and Intellectual Property: Privacy and Data Protection Concerns
  • Artificial Intelligence and Patent Offices: Automation and Efficiency Implications
  • Intellectual Property Implications of 5G Technology: Connectivity and Innovation Challenges
  • Music Copyright and Streaming Services: Analyzing Legal Challenges and Solutions
  • Fair Use in Documentary Films: Balancing Copyright Protection and Freedom of Expression
  • Intellectual Property in Video Games: Legal Issues in the Gaming Industry
  • Digital Piracy and Copyright Enforcement: Approaches to Tackling Online Infringement
  • Personality Rights in Media: Balancing Privacy and Freedom of the Press
  • Streaming Services and Copyright Licensing: Legal Challenges and Royalty Distribution
  • Fair Use in Parody and Satire: Analyzing the Boundaries of Creative Expression
  • Copyright Protection for User-Generated Content: Balancing Authorship and Ownership
  • Media Censorship and Intellectual Property: Implications for Freedom of Information
  • Virtual Influencers and Copyright: Legal Challenges in the Age of AI-Generated Content
  • Intellectual Property Protection in Developing Countries: Promoting Innovation and Access to Knowledge
  • Cross-Border Intellectual Property Litigation: Jurisdictional Challenges and Solutions
  • Trade Agreements and Intellectual Property: Impact on Global Innovation and Access to Medicines
  • Harmonization of Intellectual Property Laws: Prospects and Challenges for International Cooperation
  • Indigenous Knowledge and Intellectual Property: Addressing Cultural Appropriation and Protection
  • Intellectual Property and Global Public Health: Balancing Innovation and Access to Medicines
  • Geographical Indications in International Trade: Legal Framework and Market Exclusivity
  • International Licensing and Technology Transfer: Legal Considerations for Multinational Corporations
  • Intellectual Property Enforcement in the Digital Marketplace: Comparative Analysis of International Laws
  • Digital Copyright and Cross-Border E-Commerce: Legal Implications for Online Businesses
  • Intellectual Property Strategy for Startups: Maximizing Value and Mitigating Risk
  • Licensing and Franchising: Legal Considerations for Expanding Intellectual Property Rights
  • Intellectual Property Due Diligence in Mergers and Acquisitions: Key Legal Considerations
  • Non-Disclosure Agreements: Safeguarding Trade Secrets and Confidential Information
  • Intellectual Property Dispute Resolution: Arbitration and Mediation as Alternative Methods
  • Intellectual Property Valuation: Methods and Challenges for Business and Investment Decisions
  • Technology Licensing and Transfer Pricing: Tax Implications for Multinational Corporations
  • Intellectual Property Audits: Evaluating and Managing IP Assets for Businesses
  • Trade Secret Protection and Non-Compete Clauses: Balancing Employer and Employee Interests
  • Intellectual Property and Startups: Strategies for Funding and Investor Relations
  • Intellectual Property and Access to Medicines: Ethical Dilemmas in Global Health
  • Gene Patenting and Human Dignity: Analyzing the Moral and Legal Implications
  • Intellectual Property and Indigenous Peoples: Recognizing Traditional Knowledge and Culture
  • Bioethics and Biotechnology Patents: Navigating the Intersection of Science and Ethics
  • Copyright, Creativity, and Freedom of Expression: Ethical Considerations in the Digital Age
  • Intellectual Property and Artificial Intelligence: Ethical Implications for AI Development and Use
  • Genetic Engineering and Intellectual Property: Legal and Ethical Implications
  • Intellectual Property and Environmental Sustainability: Legal and Ethical Perspectives
  • Cultural Heritage and Intellectual Property Rights: Preservation and Repatriation Efforts
  • Intellectual Property and Social Justice: Access and Equality in the Innovation Ecosystem
  • Innovation Incentives and Intellectual Property: Examining the Relationship
  • Intellectual Property and Technology Transfer: Promoting Innovation and Knowledge Transfer
  • Intellectual Property Rights in Research Collaborations: Balancing Interests and Collaborative Innovation
  • Innovation Policy and Patent Law: Impact on Technology and Economic Growth
  • Intellectual Property and Open Innovation: Collaborative Models and Legal Implications
  • Intellectual Property and Startups: Fostering Innovation and Entrepreneurship
  • Intellectual Property and University Technology Transfer: Challenges and Opportunities
  • Open Access and Intellectual Property: Balancing Public Goods and Commercial Interests
  • Intellectual Property and Creative Industries: Promoting Cultural and Economic Development
  • Intellectual Property and Sustainable Development Goals: Aligning Innovation with Global Priorities

The intellectual property law research paper topics presented here are intended to inspire students and researchers to delve into the complexities of intellectual property law and explore emerging issues in this ever-evolving field. Each topic offers a unique opportunity to engage with legal principles, societal implications, and practical challenges. As the landscape of intellectual property law continues to evolve, there remains an exciting realm of uncharted research areas, waiting to be explored. Through in-depth research and critical analysis, students can contribute to the advancement of intellectual property law and its impact on innovation, creativity, and society at large.

Exploring the Range of Topics in Human Rights Law

Human rights law is a vital field of study that delves into the protection and promotion of fundamental rights and freedoms for all individuals. As a cornerstone of international law, human rights law addresses various issues, ranging from civil and political rights to economic, social, and cultural rights. It aims to safeguard the inherent dignity and worth of every human being, regardless of their race, religion, gender, nationality, or other characteristics. In this section, we will explore the diverse and expansive landscape of intellectual property law research paper topics, shedding light on its significance and the vast array of areas where students can conduct meaningful research.

  • Historical Perspectives on Human Rights : Understanding the historical evolution of human rights is essential to comprehend the principles and norms that underpin modern international human rights law. Research papers in this category may explore the origins of human rights, the impact of significant historical events on the development of human rights norms, and the role of key figures and organizations in shaping the human rights framework.
  • Human Rights and Social Justice : This category delves into the intersection of human rights law and social justice. Intellectual property law research paper topics may encompass the role of human rights in addressing issues of poverty, inequality, discrimination, and marginalization. Researchers can analyze how human rights mechanisms and legal instruments contribute to advancing social justice and promoting inclusivity within societies.
  • Gender Equality and Women’s Rights : Gender equality and women’s rights remain crucial subjects in human rights law. Research papers in this area may explore the legal protections for women’s rights, the challenges in achieving gender equality, and the impact of cultural and societal norms on women’s human rights. Intellectual property law research paper topics may also address specific issues such as violence against women, gender-based discrimination, and the role of women in peacebuilding and conflict resolution.
  • Freedom of Expression and Media Rights : The right to freedom of expression is a fundamental human right that forms the basis of democratic societies. In this category, researchers can examine the legal dimensions of freedom of expression, including its limitations, the role of media in promoting human rights, and the challenges in balancing freedom of expression with other rights and interests.
  • Human Rights in Armed Conflicts and Peacebuilding : Armed conflicts have severe implications for human rights, necessitating robust legal frameworks for protection. Topics in this category may focus on humanitarian law, the rights of civilians during armed conflicts, and the role of international organizations in peacebuilding and post-conflict reconstruction.
  • Refugee and Migration Rights : With the global refugee crisis and migration challenges, this category addresses the legal protections and challenges faced by refugees and migrants. Research papers may delve into the rights of asylum seekers, the principle of non-refoulement, and the legal obligations of states in providing humanitarian assistance and protection to displaced populations.
  • Economic, Social, and Cultural Rights : Economic, social, and cultural rights are integral to human rights law, ensuring the well-being and dignity of individuals. Topics may explore the right to education, health, housing, and adequate standards of living. Researchers may also examine the justiciability and enforcement of these rights at national and international levels.
  • Human Rights and Technology : The digital age presents new challenges and opportunities for human rights. Research in this category can explore the impact of technology on privacy rights, freedom of expression, and the right to access information. Intellectual property law research paper topics may also cover the use of artificial intelligence and algorithms in decision-making processes and their potential implications for human rights.
  • Environmental Justice and Human Rights : Environmental degradation has significant human rights implications. Researchers can investigate the intersection of environmental protection and human rights, examining the right to a healthy environment, the rights of indigenous communities, and the role of human rights law in addressing climate change.
  • Business and Human Rights : The responsibilities of corporations in upholding human rights have gained increasing attention. This category focuses on corporate social responsibility, human rights due diligence, and legal mechanisms to hold businesses accountable for human rights violations.

The realm of human rights law offers an expansive and dynamic platform for research and exploration. As the international community continues to grapple with pressing human rights issues, students have a unique opportunity to contribute to the discourse and advance human rights protections worldwide. Whether examining historical perspectives, social justice, gender equality, freedom of expression, or other critical areas, research in human rights law is a compelling endeavor that can make a positive impact on the lives of people globally.

How to Choose an Intellectual Property Law Topic

Choosing the right intellectual property law research paper topic is a crucial step in the academic journey of law students. Intellectual property law is a multifaceted and rapidly evolving field that covers a wide range of subjects, including patents, copyrights, trademarks, trade secrets, and more. With such diversity, selecting a compelling and relevant research topic can be both challenging and exciting. In this section, we will explore ten practical tips to help students navigate the process of choosing an engaging and impactful intellectual property law research paper topic.

  • Identify Your Interests and Passion : The first step in selecting a research paper topic in intellectual property law is to identify your personal interests and passion within the field. Consider what aspects of intellectual property law resonate with you the most. Are you fascinated by the intricacies of patent law and its role in promoting innovation? Or perhaps you have a keen interest in copyright law and its influence on creative expression? By choosing a topic that aligns with your passions, you are more likely to stay motivated and engaged throughout the research process.
  • Stay Updated on Current Developments : Intellectual property law is a dynamic area with continuous developments and emerging trends. To choose a relevant and timely research topic, it is essential to stay updated on recent court decisions, legislative changes, and emerging issues in the field. Follow reputable legal news sources, academic journals, and intellectual property law blogs to remain informed about the latest developments.
  • Narrow Down the Scope : Given the vastness of intellectual property law, it is essential to narrow down the scope of your research paper topic. Focus on a specific subfield or issue within intellectual property law that interests you the most. For example, you may choose to explore the legal challenges of protecting digital copyrights in the music industry or the ethical implications of gene patenting in biotechnology.
  • Conduct Preliminary Research : Before finalizing your research paper topic, conduct preliminary research to gain a better understanding of the existing literature and debates surrounding the chosen subject. This will help you assess the availability of research material and identify any gaps or areas for further exploration.
  • Review Case Law and Legal Precedents : In intellectual property law, case law plays a crucial role in shaping legal principles and interpretations. Analyzing landmark court decisions and legal precedents in your chosen area can provide valuable insights and serve as a foundation for your research paper.
  • Consult with Professors and Experts : Seek guidance from your professors or intellectual property law experts regarding potential intellectual property law research paper topics. They can offer valuable insights, suggest relevant readings, and provide feedback on the feasibility and relevance of your chosen topic.
  • Consider Practical Applications : Intellectual property law has real-world implications and applications. Consider choosing a research topic that has practical significance and addresses real challenges faced by individuals, businesses, or society at large. For example, you might explore the role of intellectual property in facilitating technology transfer in developing countries or the impact of intellectual property rights on access to medicines.
  • Analyze International Perspectives : Intellectual property law is not confined to national boundaries; it has significant international dimensions. Analyzing the differences and similarities in intellectual property regimes across different countries can offer a comparative perspective and enrich your research paper.
  • Propose Solutions to Existing Problems : A compelling research paper in intellectual property law can propose innovative solutions to existing problems or challenges in the field. Consider focusing on an area where there are unresolved debates or conflicting interests and offer well-reasoned solutions based on legal analysis and policy considerations.
  • Seek Feedback and Refine Your Topic : Once you have narrowed down your research paper topic, seek feedback from peers, professors, or mentors. Be open to refining your topic based on constructive criticism and suggestions. A well-defined and thoughtfully chosen research topic will set the stage for a successful and impactful research paper.

Choosing the right intellectual property law research paper topic requires careful consideration, passion, and a keen awareness of current developments in the field. By identifying your interests, staying updated on legal developments, narrowing down the scope, conducting preliminary research, and seeking guidance from experts, you can select a compelling and relevant topic that contributes to the academic discourse in intellectual property law. A well-chosen research topic will not only showcase your expertise and analytical skills but also provide valuable insights into the complexities and challenges of intellectual property law in the modern world.

How to Write an Intellectual Property Law Research Paper

Writing an intellectual property law research paper can be an intellectually stimulating and rewarding experience. However, it can also be a daunting task, especially for students who are new to the intricacies of legal research and academic writing. In this section, we will provide a comprehensive guide on how to write an effective and impactful intellectual property law research paper. From understanding the structure and components of the paper to conducting thorough research and crafting compelling arguments, these ten tips will help you navigate the writing process with confidence and proficiency.

  • Understand the Paper Requirements : Before diving into the writing process, carefully review the requirements and guidelines provided by your professor or institution. Pay attention to the paper’s length, formatting style (APA, MLA, Chicago/Turabian, Harvard, etc.), citation guidelines, and any specific instructions regarding the research paper topic or research methods.
  • Conduct In-Depth Research : A strong intellectual property law research paper is built on a foundation of comprehensive and credible research. Utilize academic databases, legal journals, books, and reputable online sources to gather relevant literature and legal precedents related to your chosen topic. Ensure that your research covers a wide range of perspectives and presents a well-rounded analysis of the subject matter.
  • Develop a Clear Thesis Statement : The thesis statement is the central argument of your research paper. It should be concise, specific, and clearly convey the main point you will be arguing throughout the paper. Your thesis statement should reflect the significance of your research topic and its contribution to the field of intellectual property law.
  • Create an Outline : An outline is a roadmap for your research paper, helping you organize your thoughts and ideas in a logical and coherent manner. Divide your paper into sections, each representing a key aspect of your argument. Within each section, outline the main points you will address and the evidence or analysis that supports your claims.
  • Introduction : Engage and Provide Context: The introduction of your research paper should captivate the reader’s attention and provide essential context for your study. Start with a compelling opening sentence or anecdote that highlights the importance of the topic. Clearly state your thesis statement and provide an overview of the main points you will explore in the paper.
  • Literature Review : In the early sections of your research paper, include a literature review that summarizes the existing research and scholarship on your topic. Analyze the key theories, legal doctrines, and debates surrounding the subject matter. Use this section to demonstrate your understanding of the existing literature and to identify gaps or areas where your research will contribute.
  • Legal Analysis and Argumentation : The heart of your intellectual property law research paper lies in your legal analysis and argumentation. Each section of the paper should present a well-structured and coherent argument supported by legal reasoning, case law, and relevant statutes. Clearly explain the legal principles and doctrines you are applying and provide evidence to support your conclusions.
  • Consider Policy Implications : Intellectual property law often involves complex policy considerations. As you present your legal arguments, consider the broader policy implications of your research findings. Discuss how your proposed solutions or interpretations align with societal interests and contribute to the advancement of intellectual property law.
  • Anticipate Counterarguments : To strengthen your research paper, anticipate potential counterarguments to your thesis and address them thoughtfully. Acknowledging and refuting counterarguments demonstrate the depth of your analysis and the validity of your position.
  • Conclusion : Recapitulate and Reflect: In the conclusion of your research paper, recapitulate your main arguments and restate your thesis statement. Reflect on the insights gained from your research and highlight the significance of your findings. Avoid introducing new information in the conclusion and instead, offer recommendations for further research or policy implications.

Writing an intellectual property law research paper requires meticulous research, careful analysis, and persuasive argumentation. By following the tips provided in this section, you can confidently navigate the writing process and create an impactful research paper that contributes to the field of intellectual property law. Remember to adhere to academic integrity and proper citation practices throughout your research, and seek feedback from peers or professors to enhance the quality and rigor of your work. A well-crafted research paper will not only demonstrate your expertise in the field but also provide valuable insights into the complexities and nuances of intellectual property law.

iResearchNet’s Research Paper Writing Services

At iResearchNet, we understand the challenges that students face when tasked with writing complex and comprehensive research papers on intellectual property law topics. We recognize the importance of producing high-quality academic work that meets the rigorous standards of legal research and analysis. To support students in their academic endeavors, we offer custom intellectual property law research paper writing services tailored to meet individual needs and requirements. Our team of expert writers, well-versed in the intricacies of intellectual property law, is committed to delivering top-notch, original, and meticulously researched papers that can elevate your academic performance.

  • Expert Degree-Holding Writers : Our team consists of experienced writers with advanced degrees in law and expertise in intellectual property law. They possess the necessary knowledge and research skills to create well-crafted research papers that showcase a profound understanding of the subject matter.
  • Custom Written Works : We take pride in producing custom-written research papers that are unique to each client. When you place an order with iResearchNet, you can be assured that your paper will be tailored to your specific instructions and requirements.
  • In-Depth Research : Our writers conduct thorough and comprehensive research to ensure that your intellectual property law research paper is well-supported by relevant legal sources and up-to-date literature.
  • Custom Formatting : Our writers are well-versed in various citation styles, including APA, MLA, Chicago/Turabian, and Harvard. We will format your research paper according to your specified citation style, ensuring accuracy and consistency throughout the paper.
  • Top Quality : We are committed to delivering research papers of the highest quality. Our team of editors reviews each paper to ensure that it meets the required academic standards and adheres to your instructions.
  • Customized Solutions : At iResearchNet, we recognize that each research paper is unique and requires a tailored approach. Our writers take the time to understand your specific research objectives and create a paper that aligns with your academic goals.
  • Flexible Pricing : We offer competitive and flexible pricing options to accommodate students with varying budget constraints. Our pricing is transparent, and there are no hidden fees or additional charges.
  • Short Deadlines : We understand that students may face tight deadlines. Our writers are skilled in working efficiently without compromising the quality of the research paper. We offer short turnaround times, including deadlines as tight as 3 hours.
  • Timely Delivery : Punctuality is a priority at iResearchNet. We ensure that your completed research paper is delivered to you on time, allowing you ample time for review and any necessary revisions.
  • 24/7 Support : Our customer support team is available 24/7 to assist you with any queries or concerns you may have. Feel free to contact us at any time, and we will promptly address your needs.
  • Absolute Privacy : We value your privacy and confidentiality. Your personal information and order details are treated with the utmost confidentiality, and we never share your data with third parties.
  • Easy Order Tracking : Our user-friendly platform allows you to easily track the progress of your research paper. You can communicate directly with your assigned writer and stay updated on the status of your order.
  • Money-Back Guarantee : We are committed to customer satisfaction. If, for any reason, you are not satisfied with the quality of the research paper, we offer a money-back guarantee.

When it comes to writing an exceptional intellectual property law research paper, iResearchNet is your reliable partner. With our team of expert writers, commitment to quality, and customer-centric approach, we are dedicated to helping you succeed in your academic pursuits. Whether you need assistance with choosing a research paper topic, conducting in-depth research, or crafting a compelling argument, our custom writing services are designed to provide you with the support and expertise you need. Place your order with iResearchNet today and unlock the full potential of your intellectual property law research.

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Intellectual Property Law Dissertation Topics

Published by Ellie Cross at December 29th, 2022 , Revised On August 15, 2023

A dissertation or a thesis in the study area of intellectual property rights can be a tough nut to crack for students. Masters and PhD students of intellectual property rights often struggle to come up with a relevant and fulfilling research topic; this is where they should seek academic assistance from experts.

An individual, a group, an association, an organisation or a company that wants to claim ownership of a particular design, piece of art, piece of technology, piece of literature, or physical or virtual property must adhere to a specific set of rules. Without these regulations, known as intellectual property rights, concerning parties will not be secure, and anyone could easily steal from them. If someone else attempts to take the property, the original owners are guaranteed the right to keep and reclaim it.

So let’s take a look at the below list of unique and focused intellectual property law dissertation topics, so you can select one more suitable to your requirements and get started with your project without further delay. Don’t forget to read our free guide on writing a dissertation step by step after you have finalised the topic. 

A List Of Intellectual Property Law Dissertation Topics Is Provided Below

  • How can virtual companies ensure that copyright rules are followed while creating their logos, websites, goods, and designs?
  • What does it mean legally to own an original work of art or piece of property?
  • Can the most recent technical developments coexist peacefully with the present patent rules and system?
  • Does the UK’s intellectual property legislation protect the owners and users fairly and securely?
  • Is there a connection between European and British intellectual property laws?
  • Comparison of the institutions and regulations governing intellectual property in the US and the UK
  • What do fair pricing and fair dealing with copyright regulations mean?
  • Can a business or individual assert ownership of a colour scheme or hue?
  • The conflict between business law and trade secrets
  • The Difficult Relationship Between Intellectual Property and Contemporary Art
  • Trade-Related Aspects of IP Rights: A Workable Instrument for Enforcing Benefit Sharing
  • A US-UK Comparison of the Harmonization of UK Copyright and Trademark Damages
  • The difficulties brought by digitalisation and the internet are beyond the capacity of the copyright system to appropriately address them. Discuss
  • Which copyright laws can be cited as protecting software?
  • The law on online copyright infringement facilitation
  • The necessity for companies to safeguard their brand value should serve as the primary
  • Justification for trademark protection. The general welfare is only a secondary concern. Discuss
  • Intellectual property rights are being directly used by businesses and investors: IP privateering and contemporary letters of marque and reprisal
  • Decisions and dynamics in understanding the role of intellectual property in digital technology-based startups
  • Investigating conflicts between appropriable and collaborative openness in innovation
  • Assessing the strength and scope of our system for protecting the intellectual property rights of indigenous people
  • Assessing legal protections for intellectual property rights online
  • Does EU copyright legislation adequately balance the requirements of consumers and inventors?
  • A case study of the US is used to evaluate fair dealing in terms of copyright law.
  • Contrasting and comparing the US and UK intellectual property systems
  • Are consumers and owners protected and treated fairly under EU intellectual property law?
  • What effects has EU legislation had on the UK’s intellectual property system?
  • What more should be done to increase the efficacy of the US’s present intellectual property laws?
  • Analyzing how Brexit may affect the UK’s protection of intellectual property rights
  • An in-depth analysis of the UK’s invention and patenting system: Can the existing, rigid system stimulate innovation?

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When choosing a topic in intellectual property law, make sure your selection is based on your interests.

As an intellectual property rights law student, there are many areas you might base your thesis or dissertation on. For example, a copyright lawyer can defend the rights of creative works; a patent lawyer can provide lawful protection for inventors; and a trademark lawyer can assist with the protection of trademarks. There are also rights related to plant varieties, trade dresses, and industrial designs that you could investigate.

Dissertations take a lot of time and effort to complete. It is essential to seek writing assistance if you are struggling to complete the paper on time to ensure you don’t end up failing the module.

ResearchProspect is an affordable dissertation writing service with a team of expert writers who have years of experience in writing dissertations and are familiar with the ideal format.  P lace your order now !

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How to find intellectual property law dissertation topics.

To find Intellectual Property Law dissertation topics:

  • Study recent IP developments.
  • Examine emerging technologies.
  • Analyze legal debates and cases.
  • Explore global IP issues.
  • Consider economic implications.
  • Select a topic aligning with your passion and career goals.

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Intellectual Property Basics

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This guide provides information about researching intellectual property law, including books, subscription databases, and free internet resources.

Intellectual Property: Summaries & Explanations

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Practice Centers

Practice Centers are landing pages that connect you with curated materials on a legal topic. The following practice centers provide strong starting places for intellectual property research. On these pages you can find cases, statutes and regulations, secondary sources, news and current awareness updates for practitioners.

  • Trademarks & Copyrights Practice Center (BloombergLaw)
  • Practicioner Insights for Intellectual Property (Westlaw)
  • Copyright Law Practice Center (Lexis Plus)
  • Trademark Law Practice Center (Lexis Plus)
  • Intellectual Property Practice Center (VitalLaw)

Intellectual Property In depth

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Keeping up with IP Law

Sources for news, new scholarship & current awareness

  • SSRN Intellectual Property Law eJournals Working papers and pre-publication titles from the various SSRN eJournals on aspects of IP Law
  • IP Blawgs via Justia

Study tools

Audio casefiles.

Download recordings of cases commonly read in first and second year courses.

  • Audiocasefiles on Intellectual Property
  • Audiocasefiles by Intellectual Property Casebook

CALI Lessons

CALI provides access to interactive, computer-based lessons designed to augment traditional law school instruction. You can use the lessons to supplement your studies and to review specific concepts.

  • CALI Lessons on Intellectual Property
  • CALI Authorization Code & Registration Harvard Law School access only. First time users: please register using the HLSL CALI Authorization code.

Patent Law: Summaries & Explanations

Get started with these books for law school students.

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Patent Law in Depth

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U.S. Patent & Trademark Office

"The United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

  • USPTO - About Us
  • U.S. Constitution Art. 1 Sec. 8

The USPTO website provides education and guidance on how to conduct a patent search: 

  • How to Conduct a Preliminary U.S. Patent Search Tutorial
  • Patent Search Seven Step Strategy

USPTO also maintains databases that users can search within to learn more about prior art:

  • Patent Public Search
  • More Information on Searching for Patents

The US PTO puts out an Official Gazette, a journal, "published weekly on Tuesday, that includes bibliographic information and a representative drawing for each patent granted or trademark published on that issue date."

  • Official Gazette for Patents

Google Patent Search

Google Patents includes U.S. PTO records from 1790 and the WIPO and EPO from 1978.

  • Patents.google.com
  • About Google Patents

Google Patents Home Screen

"You can search the full text of U.S. patents by selecting "Patents" from within Google search, from the search box at the top of any patent page, or by typing the grant or application number into Google."  Advanced search features that allow you to find results by criteria such as inventor, classification, keyword, and filing date are also available.

  • Advanced Patent Search
  • Lexis TotalPatent One

This platform allows you to search issued patents, published patent applications, and utility models, globally. Full-text patent documents from 56 patent authorities are included. It also incorporates analytics, IP documentation, and editorial insights.

110 Million Full Text Documents from patent authorities across the globe, regardless of origin, containing the most complete full-text English database on the planet.  70 million patent families four family types: domestic, main, complete, and extended.  75 Fields to search and filter for a multitude of possibilities to visualize data.  70 Terabytes of Patent Data.  Text, PDF, and images.  More than 6 times the information in Wikipedia.  700 Million Images scan and find the exact prior art you need.

You can access Lexis TotalPatent One through the following:

  • Lexis TotalPatent One Search Manual

Other Options

  • Westlaw Edge Patents & Applications
  • Bloomberg Global Patent Search

Keeping up with Patent Law

Sources for news, new scholarship & current awareness:

  • Bloomberg Law Patent Page (Bloomberg Law)
  • SSRN Intellectual Property Patent Law eJournal Working papers and pre-publication titles on of Patent Law

Copyright Law: Summaries & Explanations

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Copyright Law in Depth

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U.S. Copyright Office

The Copyright Office is a part of the Library of Congress.  It was established in 1870, and recognized by Congress as a separate department in 1897.   "The Copyright Office registers copyright claims, records information about copyright ownership, provides information to the public, and assists Congress and other parts of the government on a wide range of copyright issues."

  • Copyright Law of the United States
  • Copyright Regulations
  • Copyright Review Board Opinions

Through the Copyright Office you can search copyright records: 

  • Search Copyright Records (U.S. Copyright Office)
  • Copyright Public Records Portal

The Copyright Office has a notification system, alerts, website postings, and announcements:

  • Copyright Office NewsNet

Search Copyrights

  • U.S. Copyright Search (Westlaw)
  • Copyrights Practice Center (Bloomberg Law)

"Fair use provisions of the copyright law allow use of copyrighted materials on a limited basis for specific purposes without requiring the permission of the copyright holder."  This often comes up in the academic context. Below are some materials providing more information and guidance on the fair use doctrine.

  • Harvard Office of Scholarly Communications Fair Use
  • HLS Fair Use and Copyrighted Material
  • Harvard Office of General Counsel Copyright and Fair Use
  • US Copyright Office Fair Use Index
  • Copyright Fair Use Factors Courts Consider (Westlaw)

Keeping up with Copyright Law

  • HeinOnline Copyright Law Journal Articles
  • SSRN Copyright eJournal Working papers and pre-publication titles from the various SSRN eJournals on Copyright Law

Trademark Law: Summaries & Explanations

Cover Art

Trademark Law in depth

Cover Art

The United States Patent and Trademark Office (USPTO) registers trademarks based on the commerce clause of the Constitution (Article I, Section 8, Clause 3)."  Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The USPTO now has "new tools to clear away unused registered trademarks from the federal trademark register and [can] move applications through the registration process more efficiently." 

  • Trademark Modernization Act of 2020

The USPTO website provides education and guidance on how to conduct a trademark search: 

  • FAQ on Trademarks
  • Online Trademark Tools
  • Trademark Manual of Examining Procedure (TMEP)

USPTO also maintains databases that users can search within to learn more about claimed trademarks:

  • Trademark Electronic Search System (TESS)

The USPTO also "handles appeals involving applications to register marks, appeals from expungement or reexamination proceedings involving registrations, and trial cases of various types involving applications or registrations."

  • Trademark Trial and Appeal Board

The USPTO puts out an Official Gazette, a journal, "published weekly on Tuesday, that contains bibliographic information and a representative drawing for each mark published, along with a list of cancelled and renewed registrations."

  • Official Gazette for Trademark

Search Trademarks

  • Trademarks Search (Westlaw) Search U.S. federal and state, foreign and international trademark databases
  • Trademarks Search (Lexis Plus)

Trademark Primary Law Resources

Statutes & regulations.

  • 15 USCA Chapter 22 & Regulations (WestlawNext)
  • Law Trademark Regulations (Bloomberg)
  • Federal Trademark Cases (WestlawNext)
  • Federal Court Trademark Opinions (Bloomberg Law)
  • State Court Trademark Opinions (Bloomberg Law)

Keeping up with Trademark Law

  • Trademark Law Practice Page (Bloomberg Law) News & current awareness, cases, statutes, & regulations
  • SSRN Trademark Law eJournal Working papers and pre-publication titles from the various SSRN eJournals on trademark Law

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Home » Blog » Dissertation » Topics » Law » Intellectual Property » 80 Intellectual Property Law Research Topics

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80 Intellectual Property Law Research Topics

FacebookXEmailWhatsAppRedditPinterestLinkedInAre you a student embarking on a research journey, seeking captivating and intellectually stimulating Intellectual Property law topics for your undergraduate, master’s, or doctoral thesis or dissertation? Look no further, as we’ve got you covered! In this comprehensive guide, we’ll delve into many intriguing research topics that will not only pique your interest but also […]

Intellectual Property Law Topics

Are you a student embarking on a research journey, seeking captivating and intellectually stimulating Intellectual Property law topics for your undergraduate, master’s, or doctoral thesis or dissertation? Look no further, as we’ve got you covered! In this comprehensive guide, we’ll delve into many intriguing research topics that will not only pique your interest but also provide ample opportunities to explore the multifaceted landscape of intellectual property. Intellectual Property Law is a rich and dynamic area of study that offers a multitude of intriguing research topics to explore. Whether you’re passionate about patents, copyrights, trademarks, or trade secrets, this blog post is your roadmap to uncovering fascinating research topics that will captivate your interest and significantly contribute to the world of legal scholarship.

Intellectual Property Law, often searched for under the synonyms “IP law” or “copyright law,” is a dynamic field that safeguards the rights of creators and innovators. It encompasses patents, copyrights, trademarks, and trade secrets, fostering innovation while protecting the fruits of human creativity. As you embark on your research journey, understanding the core concepts of Intellectual Property Law is essential for selecting the right research topic to delve into deeply.

A List Of Potential Research Topics In Intellectual Property Law:

  • The role of trade secrets in protecting innovation in startups.
  • IP rights in cultural heritage preservation: a comparative review of museums and institutions.
  • The part of intellectual property in the global music streaming industry: critical thinking.
  • Intellectual property litigation trends in UK courts: a post-Brexit analysis.
  • The part of intellectual property in space exploration: a critical analysis.
  • IP rights in virtual influencer creations: a review of copyright and trademark issues.
  • Open access publishing and copyright: a review of scholarly communication models.
  • IP protection in the pharmaceutical supply chain: a review of counterfeit medicines.
  • The role of intellectual property in promoting vaccine accessibility and distribution post-pandemic.
  • The role of intellectual property in cross-border mergers and acquisitions.
  • Copyright and the digital first sale doctrine: a comparative review.
  • IP rights and trade remedies: a review of anti-dumping measures.
  • Exploring copyright infringement in the age of digital media: A perspective from Intellectual Property Law and Juvenile Law .
  • Balancing open source software and intellectual property rights: a comparative analysis.
  • Intellectual property and climate change: a critical review of green technologies.
  • Trade dress protection in trademark law: a comparative review.
  • A critical review of intellectual property rights in virtual reality and augmented reality technologies.
  • Post-COVID-19 intellectual property challenges in the pharmaceutical industry.
  • IP protection in the music sampling industry: a review of legal challenges.
  • The role of IP in fostering innovation and resilience during global crises.
  • IP protection in the pharmaceutical research and development process: a comprehensive analysis.
  • Brexit and geographical indications: protecting UK’s traditional products.
  • IP licensing in the film and television industry: a comprehensive analysis.
  • IP strategies in the video game industry: a comprehensive analysis.
  • IP valuation methods: a comparative review and critical analysis.
  • Exploring the intersection of intellectual property and 3D printing technology.
  • Pandemic-induced shifts in IP enforcement: trends and implications.
  • Analyzing the role of intellectual property rights in promoting innovation in biotechnology.
  • Intellectual property and agriculture: a review of plant breeders’ rights and biotechnology.
  • Evaluating the role of trademarks in brand identity and consumer trust.
  • Intellectual property and trade: a review of trade agreements and dispute resolution.
  • Intellectual property in sports and entertainment: legal challenges and trends.
  • Copyright and the Digital Millennium Copyright Act (DMCA): a comparative review.
  • Trademark dilution and its implications for product liability: A crossroads of Intellectual Property Law and Tort Law.
  • Licensing and franchising strategies in the UK post-Brexit era.
  • IP enforcement strategies in online marketplaces: a review of legal approaches.
  • Assessing the impact of artificial intelligence on copyright infringement in the digital age.
  • Intellectual property and sports sponsorship: a comparative analysis of licensing agreements.
  • Copyright and ai-generated works: a review of ownership and liability.
  • Geographical indications and food products: a comparative review of protection.
  • Investigating the challenges and opportunities of intellectual property protection in the fashion industry.
  • Intellectual property and artificial intelligence: a review of legal and ethical implications.
  • The impact of trade secrets litigation on innovation: a historical review.
  • Intellectual property licensing in the software industry: a comprehensive review.
  • Pharmaceutical patents and access to essential medicines: a global review.
  • Copyright and user-generated content platforms: a comparative review.
  • Intellectual property and the gig economy: a critical review of labour and IP rights.
  • Indigenous knowledge and traditional cultural expressions: a global review of protection.
  • IP infringement and online counterfeiting: a review of enforcement strategies.
  • Intellectual property and artificial intelligence patents: a critical analysis.
  • Copyright and streaming services: emerging legal issues in the post-covid entertainment industry.
  • Intellectual property considerations in remote work and online collaboration.
  • IP protection in the luxury goods industry: a global review.
  • Analyzing the impact of international treaties on global IP protection.
  • A comparative analysis of patent systems: Examining international harmonization efforts in Intellectual Property Law and Comparative Law.
  • Remote learning and copyright compliance: challenges faced by educational institutions.
  • Brexit and data protection: implications for intellectual property rights.
  • UK’s approach to copyright in the digital single market: lessons from EU reforms.
  • Intellectual property and privacy: a review of data protection laws and IP rights.
  • Copyright protection in the age of user-generated content: legal implications and challenges.
  • Copyright and the public domain: a historical review and contemporary challenges.
  • Protecting traditional knowledge and folklore through intellectual property rights.
  • IP protection in the digital age: a comparative analysis of cybersecurity measures.
  • The role of intellectual property in shaping global supply chains: a review.
  • Copyright and fair dealing: a comparative review of educational use.
  • Intellectual property and blockchain technology: a review of applications and legal issues.
  • Open access movements and their impact on intellectual property in academia.
  • Brexit and intellectual property: implications for UK industries and trade.
  • Geographical indications and wine industry: a comparative review of protection.
  • Comparative study of IP protection in the UK and EU: implications for businesses.
  • Digital transformation and the evolving landscape of IP rights in e-commerce.
  • Intellectual property in cross-border e-commerce: a review of legal challenges.
  • Ethical considerations in intellectual property: a comprehensive analysis.
  • Examining the impact of intellectual property on access to medicines in developing countries.
  • IP strategies for small and medium enterprises: a systematic review.
  • The role of intellectual property in artificial intelligence ethics: a critical review.
  • Intellectual property in the age of 3D printing: a comprehensive analysis.
  • Patent litigation trends: a review of critical cases and outcomes.
  • The role of intellectual property in the gaming industry: a comprehensive review.
  • Data privacy and IP protection: navigating legal boundaries in a remote work environment.

In conclusion, Intellectual Property Law offers vast research opportunities across different degree levels. Whether you’re an undergraduate, master’s, or doctoral student, many intriguing topics await exploring. From the evolving landscape of digital copyrights to the ethical considerations surrounding patent rights in biotechnology, these research areas provide a rich tapestry for intellectual exploration. So, seize the opportunity, choose a topic that resonates with your interests, and embark on a journey of discovery in this captivating field of law. Your thesis or dissertation could contribute significantly to the ever-evolving discourse of Intellectual Property Law.

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Intellectual Property Research Guide: Getting Started

  • Right of Publicity
  • Trade Secret
  • Domain Names/Social Media
  • Unfair Competition/Antitrust
  • IP Applications/Registrations
  • Regulations
  • Treaties and Foreign Laws
  • Agencies or Other Entities Handling IP
  • Associations
  • Copyright Public Domain Tools
  • Job postings
  • News, Blogs, Interesting Websites

About Getting Started

This guide covers resources for researching Intellectual Property Law.  Topics include patent, trademark, copyright, trade secret, right of publicity, and related areas of law.  

Access to some of the electronic resources is limited to users who have a valid Loyola ID and password; access to other resources is restricted to the law school community only.

Introduction

To get started, select from the tabs above.

Getting Started - For quick reference to citations and links to IP statutes, regulations, and agency manuals.

  Books  -  For information on IP treatises, books, and practice materials.

Journals  - For information on finding IP articles.

Databases  - For information about databases with cases, statutes, regulations, agency manuals, or pending/registered patents, trademarks, copyrights, and domain names.

Web Resources  - For agency and association websites or websites with intellectual property statistics or job postings.

Subject Guide

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Intellectual Property Law Research Guide

  • General Intellectual Property Resources

Intellectual Property Law Research

Intellectual property law databases, ip law blogs.

  • Copyright Law
  • Trademark Law

This research guide covers the main resources for U.S. federal intellectual property law. It includes individual tabs dedicated to the three primary areas of intellectual property law:  copyright ,  trademarks , and  patents . 

For a guide to international intellectual property law research, see Jonathan Franklin's  International Intellectual Property Law .

  • BNA Intellectual Property Library
  • BioTech Watch
  • Media Law Reporter
  • Patent Trademark & Copyright Law Daily
  • Bloomberg Law IP Law News This link opens in a new window
  • Lex Machina This link opens in a new window For more information and to sign up for the required online training, go to Lex Machina Public Interest . & more less... Lex Machina is a litigation analytics tool that captures data by crawling PACER, the ITCs EDIS, and the USPTO website everyday. It can then mine this litigation data to reveal insights about judges, lawyers, parties, and patents. Law School faculty, students, and staff may request access for academic research.

Blogs edited by law professors, practitioners, and other experts on IP law can be very useful resources. A selection of blogs is provided here.

  • The Invent Blog
  • Lessig Blog
  • Patently-O Blog
  • The TTA Blog (Keeping Tabs on the TTA)
  • Two-Seventy-One Patent Blog
  • Wendy.Seltzer.Org (IP Blog)

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Intellectual Property Research: Getting Started

  • Getting Started
  • Copyright Law
  • Trademark Law
  • International Intellectual Property Law

Google Scholar

Google Scholar is a search engine designed to help you find academic articles on any given topic.

Google Scholar Search

What is Intellectual Property Law?

Helpful terms, abbreviations, and definitions.

IP = Intellectual Property

WIPO = World Intellectual Property Organization

AIPLA = American Intellectual Property Law Association

TRIPs = Agreement on Trade-Related Aspects of Intellectual Property Rights

Patent -  A negative right granted to an inventor, excluding others from making, selling, using and importing an invention for a period of time in exchange for publicly disclosing the invention.”

Trademark - A sign, design, or expression use to identify the products of a certain source from other similar products by different producers.

Copyright - An exclusive right given to a creator to use their original work for a certain period of time. Copyright does not cover the idea itself, on the manner in which it is expressed.

Trade Secret - Information, technology or technique used by businesses to gain an economic advantage over their competitors and consumers.

Anti-trust - attempts to prevent or control monopolies with the intention of increasing competition among related businesses.

Below are a list of databases with a broad collection of Intellectual Property Law materials. Most or all of these databases will require users to log on through campus computers or sign-in through the off-campus access option. 

Other Guides

For more information on how to get started researching intellectual property law, check out these helpful guides:

Justia Intellectual Property Center

American Bar Association - Intellectual Property

Madisonian.net

The Laboratorium

Arstechnica.com

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Intellectual Property Law Topics

  • Intellectual Property Law Center
  • Applying for a Patent to Protect Your Legal Rights
  • Non-Obviousness Requirement for Patents
  • Utility Requirement for Patents
  • Prior Art Leading to Denials of Patent Applications Under Federal Law
  • Provisional Patent Applications & Their Legal Impact
  • Patents Appeals & The Legal Process
  • Enforcement of Patent Rights Under Federal Law
  • First Steps in a Patent Infringement Lawsuit
  • Time Limits in Patent Infringement Lawsuits
  • Damages in Patent Infringement Lawsuits
  • Injunctions and Restraining Orders in Patent Infringement Lawsuits
  • Choosing Between Licensing and Manufacturing an Invention
  • Patent Prosecution & Legal Concerns Over Patentability
  • Patent Search to Assess Legal Patentability
  • Design Patents Under Federal Law
  • Utility Patents Under Federal Law
  • Plant Patents Under Federal Law
  • Business Method Patents & Legal Requirements
  • Improvement and New Use Patents Under Federal Law
  • Combination Inventions & Legal Requirements for Patent Protection
  • Small and Micro Entities Pursuing Patents
  • Patent Drawings & Legal Requirements
  • International Laws Involving Patents
  • How the First-to-File Rule Legally Affects Patent Applications
  • Timeline for Patent Applications & The Legal Steps
  • Scope of Patent Protection Under Federal Law
  • Duration of Patent Protection Under Federal Law
  • Revising a Patent After Getting Legal Protection
  • Royalties and Deductions From Legally Licensing Inventions
  • How to Legally Protect an Invention Before Getting a Patent
  • Working With a Patent Lawyer
  • Filing for a Patent WIthout a Lawyer
  • Patent Legal Forms
  • Damages in Copyright Infringement Lawsuits
  • Secondary Copyright Infringement & Proving Legal Liability
  • First Steps in a Copyright Infringement Lawsuit
  • Copyright Ownership Under the Law
  • Assignment of Copyrights & Legal Implications
  • Royalty Payments for Legally Copyrighted Artwork
  • International License Agreements for U.S. Artists & Related Legal Issues
  • Copyright Registration Under the Law
  • Safe Harbors for Online Service Providers Under Copyright Law
  • Criminal Copyright Infringement Laws
  • Enforcement of Copyrights Through Lawsuits & Criminal Charges
  • Transformative Use and Copyright Infringement Lawsuits
  • Software Development Agreements & Related Legal Concerns
  • End-User License Agreements Imposing Legal Restrictions on Software
  • Lists, Directories, and Databases Under Copyright Law
  • Photos of Buildings and Architecture Under Copyright Law
  • Photos of Copyrighted or Trademarked Works & the Fair Use Defense to Infringement Lawsuits
  • Works in the Public Domain After Copyrights Legally Expire
  • Copyrights and Credits for Songwriters Under the Law
  • Sample Clearance for Copyrighted Music to Avoid Legal Liability
  • Playing Music in Stores or Restaurants — How to Avoid Copyright Infringement Lawsuits
  • Consignment Sales by Artists to Stores & Legal Protections
  • Destruction of Copyrighted Works & Limited Legal Protections
  • Copyright Legal Forms
  • Digital Millennium Copyright Act (DMCA) Safe Harbors From Legal Liability
  • Certification Marks Under the Law
  • Collective Marks Under the Law
  • Service Marks Under the Law
  • Trademarks Under the Law
  • Cybersquatting Involving Trademarks and Service Marks
  • Trademark Infringement & Related Legal Claims
  • Arbitrary Trademarks and Service Marks & Their Legal Protection
  • Descriptive Trademarks and Service Marks & Their Potential Legal Protection
  • Fanciful Trademarks and Service Marks & Their Legal Protection
  • Suggestive Trademarks and Service Marks & Their Legal Protection
  • Generic Terms Legally Excluded From Trademark Protection
  • Trade Dress Under the Law
  • Trade Names Under the Law
  • Trademark Dilution Law
  • Enforcing Trademark Rights Through Lawsuits & Other Strategies
  • Trademark Registration Under the Law
  • Trademark Classes Defined by Law
  • How a Trademark Search Can Protect Your Legal Interests
  • Unregistered Trademarks Under Federal and State Laws
  • Naked Licenses of Trademarks to Unmonitored Licensees
  • Trademark Legal Forms: 50-State Survey
  • Non-Compete Agreements Legally Protecting Trade Secrets
  • Non-Disclosure Agreements Legally Protecting Trade Secrets
  • Enforcing Trade Secret Rights Through Lawsuits & Criminal Charges
  • Trade Secret Infringement & Potential Legal Defenses
  • Choosing Among Patent, Copyright, and Trademark for Legal Protection
  • Intellectual Property Law FAQs
  • Intellectual Property Law Articles
  • Intellectual Property Law Resources
  • Intellectual Property Laws Reference
  • Intellectual Property Legal Glossary

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Michelson IP

Hot Topics in Intellectual Property

Biometrics as Intellectual Property in an AI-Driven World

Biometrics as Intellectual Property in an AI-Driven World

By: The Michelson Institute for Intellectual Property Executive Editor: Nathan Mutter, Holland & Hart LLP, IPO Education Foundation   The convergence of artificial intelligence (AI) and biometrics is reshaping our world. While these technologies open new...

Breaking Barriers: How Women are Redefining the Intellectual Property Landscape

Breaking Barriers: How Women are Redefining the Intellectual Property Landscape

Over the past several decades, women have been making waves in the IP field, often in areas traditionally dominated by men. Their groundbreaking contributions as attorneys, judges, policy-makers, inventors, entrepreneurs, and educators are reshaping the IP landscape...

What’s the Real Deal between AI Art & IP?

What’s the Real Deal between AI Art & IP?

By: The Michelson Institute for Intellectual Property Executive Editor: David Orozco, J.D., Bank of America Professor at Florida State University & Editor-in-Chief at American Business Law Journal Artificial intelligence (AI) art is a form of digital art that is...

Monthly News Roundup – September 2022

Monthly News Roundup – September 2022

Need some good reading material? Here's a quick recap of the top IP news stories and hot topics in IP we loved diving into the past month! "Getty Images chief Craig Peters told The Verge in a statement that his company has banned AI-generated art over the potential...

What is IP Valuation? The role of IP in the value of a startup

What is IP Valuation? The role of IP in the value of a startup

When  you are starting a business, one of the most important things to think about is your intellectual property (IP). Your IP is what makes your business unique and gives you a competitive advantage.  In this article, we will discuss the role of IP when it comes to...

Founder Dr. Gary Michelson wins IPOEF’s Champion Award for Intellectual Property Education advocacy

Founder Dr. Gary Michelson wins IPOEF’s Champion Award for Intellectual Property Education advocacy

We're proud to announce that our founder Dr. Gary Michelson has been awarded the 2022 Intellectual Property Owners Education Foundation's IP Champion award for leadership his vast advocacy efforts in highlighting the value of intellectual property awareness &...

Sign up for our Lessons in IP Strategy 8-week Micro Course Challenge

Sign up for our Lessons in IP Strategy 8-week Micro Course Challenge

Intellectual property is not just the domain of a hired lawyer, but rather it is an integral part of the strategy behind launching any new business venture. Patents, copyrights, trademarks, and trade secrets -- all of these aspects of IP are embedded into the overall...

Navigating the PTAB: A Primer on The Patent Trial and Appeal Board

Navigating the PTAB: A Primer on The Patent Trial and Appeal Board

By: The Michelson Institute for Intellectual Property Executive Editor: Mark E. Michels, Esq., Lecturer, Santa Clara School of Law Ten years ago Congress passed the America Invents Act (AIA). One AIA goal was to create an expedient and less costly patent dispute...

What is the Freedom to Operate?

What is the Freedom to Operate?

In this article, we explore common questions about the FTO. We’ll also provide examples of the FTO in action and share tips on conducting searches and mitigating risks.

IP for Social Media Influencers and Content Creators

IP for Social Media Influencers and Content Creators

Social media influencers and content creators work hard to build a reputation of expertise for specific topics, brands and industries. In fact, the influencer marketing industry is projected to be worth $15 billion by 2022 and currently accounts for roughly 15 percent...

Can You Apply for a Patent Without Legal Assistance?

Can You Apply for a Patent Without Legal Assistance?

The cost of hiring a patent attorney can be prohibitive to many individual inventors, students, and startups. While the patent application process can be lengthy and complex, it is possible to apply for a patent without an attorney. There are many advantages and...

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How (and Why) to File a Provisional Patent Application

In this post, we’ll discuss why provisional patent applications are useful and explain what the PPA process entails. First, let’s break down the definition of a provisional patent application.

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Understanding the Balance of Traditional IP Rights and Open Access Initiatives

Understanding the Balance of Traditional IP Rights and Open Access Initiatives

Why would one choose protecting intellectual property (IP) that one could potentially profit from rather than making it freely available? Are there types of IP that should be more publicly accessible? These are complex questions continuing to be explored and debated as our innovation economy and information sharing capacity rapidly evolves.

Basics of IP Blog Series #1: What Can Be Patented?

Basics of IP Blog Series #1: What Can Be Patented?

This is Part 1 of our ‘Basics of IP’ blog series. The following has been adapted from “Can I Patent That?”, a Michelson IP animated short. 

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Intellectual Property Research

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  • UMN Libraries Catalog (Catalog Only) This link opens in a new window UMN Libraries Catalog a.k.a "Libraries Search" and formerly known as "MNCAT") when searched in the "Catalog Only" mode, searches for book & journals titles (print & digital), maps, music scores, films, sound recordings, government publications, archival materials etc, held by the University LIbraries (physical & digital collections, and subscription/licensed electronic resources).
  • WorldCat This link opens in a new window Find books, journals, articles, maps, music scores, sound recordings, films, theses/dissertations, machine-readable data files, and any other materials available in libraries worldwide. This covers all subject areas. Coverage: 2150 BC - present.. Contact the Law Library's Interlibrary Loan Service to request items from other libraries.

Intellectual Property Law - Generally

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Copyright Law

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Access available in the law building and remotely for members of the UMN Law School

  • Intellectual Property Law Collection This link opens in a new window This HeinOnline collection includes selected law review articles on intellectual property (see "Scholarly Articles" tab). It also includes a collection of IP law-related periodicals (see "Periodicals" tab).

Full-Text Databases

Access restricted to members of the UMN Law School

  • VitalLaw (formerly Cheetah) This link opens in a new window Cheetah provides access to a number of IP-related periodicals in it's Intellectual Property Practice Center collection.
  • Westlaw Campus Research This link opens in a new window See Secondary Sources > Law Reviews & Journals.

The library subscribes to several electronic databases that will be useful for intellectual property research. 

  • Intellectual Property Law Collection This link opens in a new window HeinOnline's Intellectual Property Law Collection contains a substantial collection of legislative histories, treatises, documents, classics, and more relating to copyrights, patents, and trademarks in one database. Notable titles include: Legislative History of the 1909 Copyright Act (1976), Kamenstein Legislative History Project: A Compendium and Analytical Index of Materials Leading to the Copyright Act of 1976, and William Robinson's Law of Patents for Useful Inventions. This library also features CFR Title 37, U.S. Code Titles 17 & 35, Manual of Patent Examining Procedure, and more.
  • VitalLaw (formerly Cheetah) This link opens in a new window Cheetah offers an Intellectual Property Practice Center that contains a rich collection of primary and secondary materials for researching a variety topics and areas of IP law.

Web Sites for Intellectual Property Research

There are a variety of free websites that may be important for your intellectual property legal research. These websites are from government, academic, and organizational sources.

Intellectual Property

  • FindLaw for Legal Professionals: Intellectual Property Provides links to many copyright, cyberspace law, patent, and trademark organizations, primary sources, and practice materials.
  • WIPO (World Intellectual Property Organization) The World Intellectual Property Organization (WIPO) is an intergovernmental organization with headquarters in Geneva. It is one of the 16 specialized agencies of the United Nations system of organizations. WIPO is responsible for the promotion of the protection of intellectual property throughout the world through cooperation among States, and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property. For foreign intellectual property research, WIPO’s Collection of Laws for Electronic Access (CLEA) provides access to legislation from a wide range of countries and regions as well as treaties on intellectual property.
  • IP Mall (University of New Hampshire School of Law) Contains an extensive collection of IP information resources, with individual collections relating to copyright, trademark, patents, etc.
  • U.S. Copyright Office Provides copyright search information (works registered and documents recorded by the U.S. Copyright Office since January 1, 1978).
  • Google's Scans of the Catalog of Copyright Entries The Catalog of Copyright Entries is the U.S. Copyright Office’s official publication of copyright registrations and renewals.
  • Copyright & Fair Use (Stanford University Libraries) Includes primary case law, statutes, and regulations, as well as current feeds of newly filed copyright lawsuits, pending legislation, regulations, copyright office news, scholarly articles, and blog and twitter feeds from practicing attorneys and law professors.
  • Copyright Crash Course (Office of the General Counsel at University of Texas) This guide, maintained by University of Texas Libraries, is arranged into several sections that allow users to explore certain areas of copyright law individually or as a group. The Course was originally created with faculty in mind, but can be used by anyone who is interested in understanding and managing their copyrights.
  • Copyright Clearance Center The CCC is a licensing broker, providing collective copyright licensing services for corporate and academic users of copyrighted materials. Allows users to search for and obtain permissions to use a wide variety of copyrighted works.
  • Copyright Society of the U.S.A. CSUSA is a non-profit organization devoted to copyright law awareness and education. This site contains links to domestic and international copyright legislation as well as links to copyright-related organizations and blogs.
  • ASCAP (American Society of Composers, Authors & Publishers) Contains information relating to the licensing of copyright-protected music, either via broadcast or live performance.
  • Legal Information Institute (LII) Copyright Resources Contains an overview of U.S. and international copyright legislation and links to IP agencies and organizations.
  • University of Minnesota Copyright Ownership Policy The University of Minnesota's Board of Regents Copyright Ownership Policy sets out the rules governing the ownership of works created by University faculty, staff and students.
  • Copyright Information and Resources (University of Minnesota Libraries) A helpful guide to understanding the various uses of copyrighted materials and how they implicate copyright rights. Explains many limitations and exceptions to copyright owners' rights and circumstances where uses may be exempted.
  • WATCH Database of copyright contacts for writers, artists, and prominent figures in other creative fields.
  • IP Mall - Copyright Law Collection (University of New Hampshire School of Law) Contains copyright appeals decisions, Copyright Office practices, Copyright Royalty Tribunal Notices and Proceedings Archive, and more.
  • United States Patent and Trademark Office (USPTO) Contains resources such as guides to the patent and trademark application process, overviews of different areas of U.S. IP policy and practice, and databases of patent and trademark applications and registrations.
  • Google Patents All patents available through Google Patents come from the United States Patent and Trademark Office (USPTO).
  • European Patent Office Provides information and resources on patents in Europe, including patent searching, patent application, and patent law and practice. Includes news and information sources on patent issues and developments, as well as annual reports and statistics reports.
  • IP Mall - Patent Law Collection (University of New Hampshire School of Law) Contains patent directories, full-text court documents from important patent law cases and appeals, a patent searching glossary, and more.
  • Trademark Manual of Examining Procedure (TMEP) Online access provided through the United States Patent and Trademark Office (USPTO).
  • USPTO Bulk Data Products Archived copies of the USPTO's Official Gazettes for patent and trademark applications and grants.
  • World Intellectual Property Organization (WIPO) A specialized agency of the United Nations, the WIPO has 191 member states and administers 26 international IP-related treaties. This site contains global IP news updates, a searchable global database of trademarks and brands, resources for filing international trademark and patent applications, and much more.
  • International Trademark Association Offers access to Trademark Association periodicals, publications, and practice guides, articles on various trademark topics, and international trademark policy documents.
  • IP Mall - Trademark Law Collection (University of New Hampshire School of Law) Contains a collection of USPTO trademark decisions, trademark exam guides, and more.
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Intellectual Property texts are shelved at 346.480994.

Library Search terms:  Australia ("industrial property" OR "intellectual property" OR copyright OR patent OR trademark) (law OR legislation) .

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Halsburys Laws of Australia . Title 240. Intellectual Property;

The Laws of Australia . Title 23. Intellectual Property.

Journals and Indexes

Specific Journals   

  • Australian Intellectual Property Journal   (peer reviewed)
  • Australian Intellectual Property Law Bulletin
  • Australian Official Journal of Trade Marks
  • Australian Official Journal of Petents
  • Intellectual Property Forum

Full text Journals:

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  • Oxford Reports on International Law
  • Westlaw Australia
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CCH iKnowConnect

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Lexis Advance

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LexisNexis Practical Guidance

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Topics covered:

  • Commercialising IP
  • Copyright protection
  • Creating and Using IP in Universities
  • IP and E-Commerce
  • IP fundamentals
  • IP management
  • IP strategy
  • International content
  • International protection
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  • Registering and challenging patents
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  • Westlaw Australia

research topics in intellectual property law

Copyright Act 1968 (Cth)

Designs Act 2003 (Cth)

Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth)

Patents Act 1990 (Cth)

Trade Marks Act 1995  (Cth)

Cases and Commentary

Non-court decisions

  • Australian Copyright Tribunal – Decisions
  • Australian Designs Office decisions  (not made by judges)
  • Australian Patent Office decisions  (not made by judges)
  • Australian Trade Marks Office decisions (AustLII) (not made by judges)
  • Intellectual Property Reports ( Lexis Advance )
  • Australian Intellectual Property Cases  (CCH)
  • Lexis Advance  - Casebase
  • Communications Law and Policy in Australia  ( Lexis Advance )
  • Copyright & Designs ( Lexis Advance )
  • IP Australia Case Studies
  • Law of Intellectual Property ( Westlaw Australia )
  • Patents, Trade Marks & Related Rights  ( Lexis Advance )
  • Subscribe to Allens IP Alert  InIP

Australian Resources

  • Intellectual Property and Copyright Information (Attorney Generals Department)
  • Intellectual Property Law - Parliament of Australia Free Trade Report
  • Australia's Patent System - Parliament of Australia Patent Report
  • IP Australia   (Intellectual Property Australia) see also alert service for IP Australia
  • Business.gov.au  
  • Copyright Law Review Committee 
  • Australian Copyright Council  

Selected International Resources

  • UK Intellectual Property Office (IPO)
  • UNESCO collection of national copyright laws
  • World Intellectual Property Organization (WIPO)

Common Errors in IP Law

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Malpractice fact sheet: IP Law Claims (Canadian)

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Dissertations / Theses on the topic 'Intellectual property law'

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Antons, Christoph Hubert Jakob. "Intellectual property law in Indonesia /." The Hague [u.a.] : Kluwer Law International, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/31965043X.pdf.

Soepboer, Mick. "Libertarian views on intellectual property law." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4557.

Moore, Adam D. "A Lockean Theory of Intellectual Property." Connect to resource, 1997. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1214419634.

Fraessdorf, Henning. "Intellectual property in standards." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78214.

Bhattacharya, Raja. "Intellectual property rights in outer space." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78203.

Fonseca, Da Silva Antonio Carlos. "Limiting intellectual property : the competition interface." Thesis, Queen Mary, University of London, 1997. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1693.

Pamp, Caroline. "Intellectual property in science /." Stockholm : Jure Förlag, 2010. http://www.hgu.gu.se/Files/fakultetskansli/abstract/Spikblad%20Caroline_Pamp.pdf.

Johnson, Phillip Michael. "Private international law, intellectual property and the Internet." Thesis, Queen Mary, University of London, 2005. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1829.

Azmi, Ida Madieha Bt Abdul Ghani. "Intellectual property laws and Islam in Malaysia." Thesis, Queen Mary, University of London, 1995. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1418.

Bouvet, Isabelle. "Certain aspects of intellectual property rights in outer space." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq64265.pdf.

Hackett, Petal Jean. "Essays on intellectual property rights policy." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7934.

Bornhäusser, Matthias. "The relation between intellectual property law and competition law using the example of standard essential patents." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9219.

Ang, Steven. "The moral dimensions of intellectual property rights." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9008.

Chung, Shang-pei. "Patents as property in Taiwanese jurisprudence : rebuilding a property model for patents." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8381.

Anderson, Jane Elizabeth Law Faculty of Law UNSW. "The production of indigenous knowledge in intellectual property law." Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.

Tassano, Velaochaga Hebert Eduardo. "The convergence between competition law and intellectual property rights." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116244.

Lin, Min <1987&gt. "Law and Economics of Security Interests in Intellectual Property." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2017. http://amsdottorato.unibo.it/7833/1/LIN_Min_tesi.pdf.

Owens-, Richards Marilee. "The collateralisation and securitisation of intellectual property." Thesis, Queen Mary, University of London, 2017. http://qmro.qmul.ac.uk/xmlui/handle/123456789/24716.

Nasir, Saeed. "The evolution of global intellectual property instruments into trade related intellectual property rights (TRIPS) and its ineffectiev enforcement in the developed world a case study : a thesis submitted to Auckland University of Technology in fulfilment [sic] of the requirements of the degree of Master of Philosophy (MPhil), 2008." Click here to access this resource online, 2008. http://hdl.handle.net/10292/673.

Kenneally, Michael Edward. "Intellectual Property Rights and Institutions: A Pluralist Account." Thesis, Harvard University, 2014. http://dissertations.umi.com/gsas.harvard:11509.

Hickey, Julian James Bernard. "The taxation of intellectual property and commercially valuable knowledge." Thesis, Queen Mary, University of London, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312820.

Delicostopoulou, A. "Intellectual property rights as a barrier to world trade." Thesis, University of Exeter, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286577.

Juras, Camille. "International intellectual property disputes and arbitration : a comparative analysis of American, European and international approaches : the search for an acceptable arbitral site." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80932.

Divaris, D. E. "Invention as commodity : Intellectual property and free trade." Thesis, University of Cambridge, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.383126.

Wechs, Hatanaka Asako. "Mediation and intellectual property law : a European and comparative perspective." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA008.

Wongburanavart, Archariya. "A harmonisation of intellectual property law in EU and ASEAN." Thesis, Durham University, 2016. http://etheses.dur.ac.uk/11973/.

Tran, Kien. "The history of intellectual property law of Vietnam, 1945-1994." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6953/.

Christie, Andrew Frederick. "Intellectual property protection for the design of integrated circuits." Thesis, University of Cambridge, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.385373.

Kellerman, Mikhalien. "The Constitutional Property Clause and Immaterial Property Interests." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6536.

Davis, Tara M. "International intellectual property rights : effectiveness of incentives for enforcement." Virtual Press, 2008. http://liblink.bsu.edu/uhtbin/catkey/1390656.

Chiarolla, Claudio. "Intellectual property and environmental protection of crop biodiversity under international law." Thesis, Queen Mary, University of London, 2009. http://qmro.qmul.ac.uk/xmlui/handle/123456789/446.

Stowell, Catherine Leigh. "The shifting nexus between law and biology : what does the future hold for gene patents?" Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12680.

Barratt, Amanda. "The battle for policy space : strategic advantages of a human rights approach in international intellectual property negotiations." Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4431.

Marais, Richard. "Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31006.

Kisuule, Yvonne Alexandra. "Least developed countries and geographical indications: how can Uganda position itself to benefit from geographical indications?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15214.

Mathini, Moses Wanjukia. "Enforceability of digital copyright on the darknet?" Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28031.

Van, Wiele Bram. "The ratification and implementation of the Marrakesh Treaty: a look at the future of South African Copyright Law." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13038.

Musiza, Charlene Tsitsi. "Does the growth of ICT in Zimbabwe present an opportunity for effective use of intellectual property rights?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16711.

Pinkepank, Felix. "Streaming Unauthorised Copyrighted Content: Copyright Liability of Streaming Platforms and Streaming Box Distributors. A Comparative EU-US-SA Perspective." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29709.

Lamont, Kim Tracy. "Evaluating the current copyright provisions for the reproduction and dissemination of electronic educational material in distance learning." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15212.

Mudau, Sipho. "The copyright protection of online user-generated content." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12935.

Lakpini, Clarence Sokolambe. "An examination of South Africa’s efforts at patent system reform: trips flexibilities fully appropriated for public health needs?" Master's thesis, Faculty of Law, 2020. https://hdl.handle.net/11427/31712.

Nghihalwa, Saima Litauleni. "An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12934.

Jungmann, Nina. "Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20877.

Kirk, Katie. "The legal and political imperatives for proposed amendments of the South African Patents Act to implement TRIPS flexibilities and enhance the framework for access to medicines." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/13874.

Mwangi, Perpetua Njeri. "Intellectual property rights protection of publicly financed research and development outcomes: lessons Kenya can learn from the United States of America and South Africa." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15213.

Ndungu, Martha Wanjiru. "Employee rights over inventions and innovations in employment in Kenya." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20817.

Hellemeier, Gisa. ""Piracy" in regard to ITV, IPTV and Mobile-Television." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20878.

Vilho, Aina N. "A critical analysis of the protection of traditional knowledge within the Namibian legal system." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13036.

Solanke, Oluwatosin Modupe. "Proposed amendments for consideration in the review of the copyright and trademarks protection for the digital environment in Nigeria." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13037.

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Handbook of Intellectual Property Research: Lenses, Methods, and Perspectives

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Handbook of Intellectual Property Research: Lenses, Methods, and Perspectives

1 Intellectual Property and International Law: A Research Framework

  • Published: May 2021
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This chapter offers a framework for legal research that concerns or applies ‘international law’ concepts, perspectives, and methodologies to intellectual property (IP). The idea is to discuss how research questions related to IP can be framed from the standpoint of international law. This begs an initial question: what do we mean by ‘international law’ and how does this relate to IP? Section I tackles these questions by offering a range of possible views on the notion of international IP Law. Section II then considers how a multidimensional conception of international law can serve to frame research questions on IP. It also gives some more concrete examples of the diversity in adopting an international law approach to IP.

I. Introduction

This chapter offers some thoughts on legal research that concerns or applies ‘international law’ concepts, perspectives, and methodologies to intellectual property (IP). The idea is to discuss how research questions related to IP can be framed from the standpoint of international law. This begs an initial question: what do we mean by ‘international law’ and how does this relate to IP? Section II tackles these questions by offering a range of possible views on the notion of international IP law. Section III then considers how a multidimensional conception of international law frames research questions on IP. It also gives some more concrete examples of an international law approach to IP. Section IV briefly concludes the chapter.

II. What Is International Intellectual Property Law?

Looking at some of the leading textbooks that use the term ‘International Intellectual Property’, 1 the common understanding appears to be that this field of law is about treaties, other instruments, and international organizations or related institutions set up by states to protect IP. It is primarily about copyright, trademark, and patent protection under the Berne Convention and the Paris Convention, the Agreement of Trade-Related Aspects to Intellectual Property Rights (TRIPS), and World Trade Organization (WTO) dispute settlement, about institutions such as the World Intellectual Property Organization (WIPO) and WTO, and perhaps about international filing systems like the Patent Co-operation Treaty (PCT) or the Madrid Agreement for the international registration of trademarks. 2 In short, it is about public international law instruments and institutions that seek the protection of IP across borders.

This, however, is just one of (at least) three different possible conceptions of international IP law. While it appears to be the dominant one and—as discussed further below—also finds support in the common understanding of the term ‘international law’, there are other perspectives on international IP law. In particular, in discussions on approaches and methodologies to research, those should not be disregarded: as they may offer fresh insights, alternative perspectives and new ways to describe, comprehend, and evaluate factual settings pertaining to IP rights. One of the three textbooks referred to above similarly hints to the multidimensional nature of international IP law as a concept. According to Dinwoodie et al., ‘a course in international intellectual property law’ can be conceived as a ‘traditional public international law course, as a specialty focus in modern international economic regulation, or as an important case study in international civil litigation’. 3

A. The Public International Law of Intellectual Property

Taking a broad view on what the concept of ‘law’ incorporates—and leaving aside what actually comprises ‘intellectual property’—the focus turns towards the notion of the term international. In discussing various ways to conceptualize this term, a useful starting point is to look at its origins. The term was coined in the late eighteenth century by the philosopher and founder of utilitarianism, Jeremy Bentham, in his work An Introduction to the Principles of Morals and Legislation where he wrote:

The word international, it must be acknowledged, is a new one; though, it is hoped, sufficiently analogous and intelligible. It is calculated to express, in a more significant way, the branch of law which goes commonly under the name of the law of nations. 4

Bentham’s reference to the law of nations hence supports an understanding of ‘international’ that links to public international law as the set of rules governing the relations between states.

An international law approach to IP then focuses on instruments and institutions set up by states in order to regulate the use of IP across borders. Against the background of IP rights as private rights granted under domestic law, one however might question whether and how much of this regulation is truly international? When it comes to IP, public international law rules are essentially set out in treaties between states. They prohibit discrimination against foreign IP owners, facilitate registering IP rights abroad, and set minimum standards of protection and enforcement that those owners must be able to enjoy. In general, they do not affect the underlying notion of territoriality of IP rights; nor do they change the private law nature of the relations between an IP owner and anyone using the protected subject matter. While these treaties provide an often global framework of standards state parties are obligated to, as a matter of public international law, implement in their domestic laws, IP protection, and enforcement still essentially relies on domestic private law—unless international treaty rules are designed to be self-executing, and are given direct effect. 5

Where countries have allowed their courts or IP offices to directly apply international IP norms, this almost inevitably occurs through a domestic lens: for example, in determining the threshold, under art. 6 bis of the Paris Convention, when a trademark is considered to be well-known in the country where protection is claimed. At the same time, national courts interpreting and applying their domestic IP statutes occasionally consider, and take guidance from, public international treaties on IP. In doing so, they nevertheless frequently adopt their own views about what the relevant treaty rules mean for them and the case in front of them. 6 Their domestic approaches sometimes directly contradict interpretations WTO Panels have arrived at in what constitutes the first multilateral system of dispute settlement applicable to IP treaties. 7 While clarifying the meaning of treaty terms and inducing compliance through WTO dispute settlement could reorient the system’s focal point towards the international, we only have about two handfuls of decisions in the IP context. 8 An interesting development here is a new hybrid: ‘private actions’ brought by IP-owning investors against host states under Investor-State dispute settlement (ISDS) which may at some point fill the gaps which (so far) WTO dispute settlement has not covered. This alternative mode of international IP protection generates not only an increasing number of adjudicative decisions pertaining to IP, its global enforcement of Awards arguably appears to be more effective than the bilateral nature of counter-measures under the Dispute Settlement Understanding (DSU). 9

With the exception of investment protection as the (relatively) new kid on the IP block, all this points to the importance of the domestic legal order and the idea that IP rights are ‘private rights’ 10 as central reference points which public international law rules on IP have to acknowledge and accommodate. Indeed, by their design, public international law approaches to IP manifest the underlying principle of territoriality and the private law nature of IP protection. For an understanding of international IP law as public international law pertaining to IP, this emphasizes the complexity of the subject. Complexity in terms of inbuilt interfaces between public and private, as well as the domestic and the ‘internations’ level. Public international law approaches to research on IP need to take these complexities on board.

B. The Private International Law of Intellectual Property

However, combining the Latin prefix ‘inter’ with the term ‘nations’ to describe interactions between nation-states or conduct that reaches beyond national boundaries allows, especially in the context of IP protection, other understandings of what international IP law is about and what an international law approach to IP research encompasses. An alternative (but equally not uncommon) way to think of international IP law is to refer to the private international law (or conflict of laws) principles and rules that govern the jurisdiction of courts and alternative dispute resolution organs, applicable law, and the enforcement of judgments and awards in cross-border situations involving IP. At focus here is not the legal framing of private rights over intangible ‘creations of the mind’ 11 that public international law treaties achieve through ‘minimum standard’ obligations for states. Private international law rules directly speak to the IP owner, competitor, or user of IP—and in that way are part of the core private law relationship in which IP rights operate.

Again, however, one might question how much is truly international about private international law (PIL) rules concerning IP? Surely, any factual setting that triggers PIL rules touches upon, and hence necessarily sits ‘in-between’ ( inter ) different nation-states, but what about the law itself? While a lot of the IP aspects of PIL have been harmonized in the European Union (EU) through directly applicable Regulations, 12 this is not (yet) 13 the case on a global level. By default, PIL is domestic law, with some IP-related attempts for international harmonization, including through major academic projects. 14 Of course, core principles such as lex loci protectionis are recognized in international IP treaties 15 and common to most domestic PIL regimes. However, by calling for the application of the law of the country for which territory protection is sought, this principle is essentially derived from the notion of territoriality. And while PIL is about deciding the governing law for a particular dispute with ‘foreign elements’, courts traditionally leaned towards applying their own domestic IP law (including by rejecting their jurisdiction for claims over IP infringements vis-à-vis foreign territories). 16

On the other hand, there now seems to be an increasing willingness to apply the domestic IP laws of foreign countries and/or to consider the approach taken by foreign courts when ruling on similar matters. 17 The latter might be roughly related to the PIL principle of comity—but may also be explained by continuous ties amongst legal systems, for example originating from the colonial spread of Common Law. In a post-colonial context, similar developments could result from detailed (public international law) rules in IP chapters of Free Trade Agreements (FTAs) where IP demanding countries aim to transplant key protections of their own law (usually without their inbuilt checks and balances) into the legal system of their FTA partners. This example of various causes for the influence of foreign law shows how public and private international law approaches need not be considered in isolation. Whatever the underlying cause, all these developments go some way in moving beyond the domestic IP regime as the sole determinant for the protection of private (intellectual) property rights. An interesting addition to this tendency is an expansion of EU trademark rights to cover goods merely in transit—unless the owner of the goods can show that the trademark proprietor has no right to prevent their marketing/sale in the country of final destination. 18 It remains to be seen whether these developments lead to a broader trend that internationalizes IP protection. If induced by legal transplants imposed via FTAs, it arguably is less a case of internationalization, but a manifestation of post-colonial hegemonies of certain dominant domestic IP regimes.

While certain similarities exist, a private international law approach to IP research hence has a different perspective and focus compared to one based on public international law. In terms of similarities, both approaches share their acceptance of territoriality and both have generated responses that try to alleviate the tensions that arise when this bedrock of IP protection clashes with global uses of IP protected subject matter. Furthermore, both approaches struggle—albeit for the different reasons discussed above—with the notion of international. Different perspectives then emerge primarily from the principal subjects of each discipline: states, on the one hand; IP owners, users, and other (private) parties on the other hand. An aspect worthy of further investigation may be the extent to which this difference leads to different outcomes—do for example state interests receive more attention in public international law, while private interests (primarily of IP owners) are more at the forefront in PIL? 19 The latter is often seen to be less normative, in that it simply aims to generate principles and rules that direct towards the forum best suited to decide a dispute, to apply the law most closely connected with the facts at issue, and to ensure widespread enforceability of a decision reached. There however are value judgments embedded in making these decisions—which research approaches in other areas of PIL increasingly try to unveil. 20 Lastly, a PIL approach to IP should not be confined to the discipline’s core of jurisdiction, applicable law, and enforcement of judgments or awards. Together with its neighbouring discipline of comparative law, it can offer a useful framework for analysing various instances and scenarios where non-domestic law and ‘foreign’ decisions in IP matters become relevant. As the discussion below and in the next section indicates, PIL approaches and principles—especially in combination with other conceptions of ‘international law’—have the potential to generate fresh approaches for research on IP protection beyond borders.

C. The Transnational Law of Intellectual Property

In fact, the third conceptualization of international IP law essentially builds on one of the core principles in PIL. In most forms of consensus-based relations between private parties, PIL regimes generally enshrine party autonomy as the guiding principle for choosing the relevant forum (be it courts, or arbitration tribunals, or other entities) and the applicable law. This PIL-specific expression of freedom of contract has facilitated the development of norms that transcend national borders, set by private actors, in several areas such as commerce, sport, construction, and transport. Those norms are perhaps the most truly ‘international’ ones, even though their enforcement often has to rely, at some point, on domestic (state-sanctioned) rules and institutions. Hence, a further understanding of international IP law looks at transnational legal orders set by private actors in their dealings with other private actors over the use of IP. 21 As examples below and in the next section show, this may well be the least researched, but in fact the most ‘international’ approach and understanding to international IP law.

Beyond the important area of international licensing contracts concerning technology, brands and copyrighted content, transnational private ordering of the applicable IP rules, and the fora for settling IP disputes also nowadays concerns all of us when we use the internet. Platforms such as Google, YouTube, Amazon, and Facebook impose on us their IP rules and policies—not only through terms of reference and community guidelines, but also via the design of their technological infrastructure, by automated (algorithmic) decision-making which enforces platform rules and through their own complaint mechanisms. Various aspects deserve further attention: Do these IP regimes reflect (specific) national or (public) international IP laws? When and how far do applicable laws restrict party autonomy and freedom of contract here? If it turns out that these private IP regimes with a global reach and automated enforcement differ significantly from our more common conceptions of ‘international’ IP law, then I would argue that much more research should focus on them.

Appreciating differences between rules set by platforms and those found in IP treaties as well as domestic IP law however is just a starting point for a comprehensive and critical analysis we should undertake as part of research agendas on international IP. Within their respective domains, platforms often wield unprecedented, state-like powers: by acting as legislature (setting rules), administration (enforcing them, often through automation), and adjudicator (via online dispute resolution tools) all in one. In addition, the application and enforcement of the platform’s own rules (e.g. by means of content matching algorithms) is usually coded, immediate and automated: that means platform rules are always enforced, without exception and to the fullest extent—and in that way, they shape our reality much more than ‘traditional’ enforcement of national, let alone international IP rules. Finally, the physical ‘remoteness’ of platforms—the way how their essentially virtual presence online allows them to detach themselves and often evade from state (tax, data, and consumer protection, as well as IP) regulation—and the lack of (democratic) control that follows deserves our attention. In short, the unprecedented autonomy these regimes enjoy in practice, the ‘directness’ of their impact on users, as well as the state-like functionalities global platforms employ within their respective domains—all these aspects militate for more research focus on transnational IP law.

III. Intellectual Property Research Based on a Multidimensional Conception of International Law

Based on the broad understanding of international law developed above, this section aims to show how perspectives, methodologies, and approaches of this field can interact with and inform research concerning IP law. While there is particular merit in considering the interplay or combined operation of the various conceptions of the international when applied to the regulation of IP, I will begin by outlining how public international law approaches define research on IP law. Moving on to PIL and transnational law approaches, I will try to highlight the benefits of and examples for an integrated, multidimensional approach.

A. The Increasing Recognition of a Broader International Law Framework

In the practice of international IP protection, the interface between public international law and IP of course is not at all new. In fact, the late nineteenth-century Berne and Paris Conventions are perhaps amongst the oldest still highly relevant international agreements between states. And IP law scholars have for quite some time been looking at these and other international instruments, often with a focus on producing excellent commentary on the appropriate construction of the substantive protections available under the respective IP treaty. 22 However, it seems that the wider public international law dimensions of global IP regulation remained under-developed in practice and under-theorized. 23 Perhaps that was because IP protection in the end operates as a domestic, private law matter, so that IP experts were unfamiliar (and felt it unnecessary to engage) with broader public international law concepts? And perhaps experts in the latter saw IP as a too technical niche area to bother? Be it as it may, this relatively dormant state changed when major IP industries in the United States successfully advocated, first domestically and then internationally, for looking at IP as an (international) trade issue.

In particular with the integration of IP as one of the three pillars of trade regulation in the WTO and by subjecting it to WTO dispute settlement, questions of treaty interpretation and compliance received an increasing amount of attention from IP, trade, and public international law experts. 24 Based on the invitation in art. 3:2 DSU, academics and (unfortunately to a lesser extent) WTO adjudicators have explored how the ‘customary rules of treaty interpretation of public international law’ operate in relation to the TRIPS Agreement and the prior Conventions it incorporates by reference. 25 However, it has not ended with arts. 31–33 of the Vienna Convention on the Law of Treaties (VCLT). Due to the WTO rules on compliance and cross-retaliation—and attempts of several countries to suspend their TRIPS obligations to ‘enforce’ favourable WTO rulings—questions of state responsibility and in particular countermeasures have become part of international IP law. 26

Transcending beyond the WTO and the IP-trade interface, a parallel (and still ongoing) development has multiplied the public international law issues pertaining to IP. The expansion of IP into domains such as environmental law (regarding the protection of genetic resources and traditional knowledge, as well as the transfer of environmentally sound technologies), human rights (opposing IP under the right to health, education, and food—as well as protecting IP as property and via ‘creator’s rights), and investment (whereby IP owners re-package their IP rights as investment assets, protected against host state interferences) in the broader, international context of functional differentiation or fragmentation. 27 Coupled with an IP-internal fragmentation from the multilateral to a network of bilateral and regional treaties, this development has not only put questions about treaty relations (within IP and with other areas) into the forefront. As further discussed below, it also offers a fertile ground where the complexities of these relationships call for fresh approaches beyond the public international tools set out in arts. 30 and 41 VCLT, or in general (international law) principles such as lex posterior and lex specialis. 28 One of my examples for a multidimensional thinking of ‘the international’ hence relates to the methods of private international law as conceptual tools for designing relations and addressing interfaces between rules in different areas, and perhaps even affecting different types of actors. But more on that later, after we considered some sleeping beauties of public international law approaches to IP.

B. Customary International Law and Intellectual Property

One of those has to be a careful consideration of customary international law and how it applies to the protection of IP beyond borders. In an area where rules are essentially derived from treaty law, custom appears to play less of a role—since the default assumption would be to consider a treaty rule to supersede an equivalent rule of custom (if there ever was such a customary rule). But public international law practice and scholarship tells us that unless there is clear evidence (usually in form of an express treaty rule) that the state parties wished to contract out of custom, customary international law principles and rules apply, at least as a source of guiding treaty interpretation. For example, on the applicability of the local remedies rule, the International Court of Justice (ICJ) expressed that it ‘finds itself unable to accept that an important principle of customary international law could be held to have been tacitly dispensed with, in the absence of any words making clear the intention to do so’. 29 Similarly, the International Law Commission (ILC) explains the continued role of custom in a world dominated by treaties in its Fragmentation report:

It is in the nature of ‘general law to apply generally’—namely inasmuch as it has not been specifically excluded. It cannot plausibly be claimed that these parts of the law—‘important principles’ as the [ICJ] put it—have validity only as they have been ‘incorporated’ into the relevant regime. 30

A rule of custom (or general international law, as these terms are sometimes used interchangeably) hence applies—unless there is specific and clear evidence that states, for example by concluding a treaty, wished to contract out of this rule. One then needs to positively identify state intent to exclude a rule of custom—rather than an intention to retain that rule as soon as related treaty rules exist.

What do these insights from public international law mean for IP treaties generally, and those incorporated into the WTO legal order in particular? In the words of the ILC, there is ‘little reason of principle’ 31 to depart from the notion described above when applying and interpreting rules of TRIPS and the IP treaties it incorporates. While WTO dispute settlement is no forum of universal jurisdiction, the Appellate Body (AB) has, already in its very first decision, confirmed that WTO law does not operate in ‘clinical isolation’ 32 from other rules of international law. When Panels and the AB consider claims under the covered agreements (rather than based on non-WTO rules), they must construe the rights and obligations flowing from WTO rules ‘within the overall context of general international law’. 33 In several decisions, WTO adjudicators have accepted and applied this approach. 34 The same must be true for other WIPO-administered treaties, and indeed the (internal and external) conduct of international organizations dealing with IP, such as the European Patent Office (EPO). While one can for example point to the WIPO Global Challenges division as evidence of engagement with the outer (international law) environment, 35 such evidence is not required for relying on custom and other generally applicable rules of international law. As the default rule is their continued relevance, one would need to show that for example by agreeing to the Patent Co-operation Treaty (PCT) or by setting up the EPO, states wanted to create self-contained regimes.

From this starting point of continued relevance of custom and general (international law) principles, research approaches can zoom in to address interesting scenarios where public international law might offer fresh perspectives and additional insights into legal questions arising in international IP treaties and institutions. For example, customary international law recognizes the eminent domain of the state as the main entity tasked to regulate in the public interest within its jurisdiction under the so-called ‘right to regulate’ or ‘police powers’ doctrine. 36 While the exact contours of this principle remain somewhat ambiguous, the basic idea is that states generally retain the right to protect public interests in a non-discriminatory, bona fide way. 37 As a basic expression of state sovereignty, this principle does not need to be ‘imported’ into IP treaties 38 —it predates their existence and merely requires proper recognition in the increasingly dense system of treaty obligations to protect and enforce IP rights in a particular way. International investment law has acknowledged the right to regulate in an increasing number of ISDS decisions—not least in the PMI v Uruguay Award regarding tobacco packaging where the investment allegedly expropriated were trademarks registered in Uruguay. 39 One might hence ask where and how TRIPS (or other IP treaties) address this right, and whether there is evidence that states intended the respective treaty rules as exhaustive formulation of this key principle? If such evidence is missing, there is in principle room to rely on the right to regulate under customary international law.

The questions raised above cannot be addressed in detail here. Suffice to say that an important distinction needs to be made when drawing analogies from how the right to regulate has often been operationalized, especially in the international investment context. The nature of that regime’s focus on protecting the assets of foreign investors against state interferences (like takings and other ‘unfair’ or ‘inequitable’ treatments) means that the right to regulate here is equally focused on justifying such interferences. In the IP context, much more common are situations where IP owners complain about state measures that regulate private law relations among IP owners, competitors, specific users, or the general public—for example via subject matter exclusions, exclusive rights, exceptions, and limitations, or compulsory licenses. Since those IP policy levers significantly affect incentives for developing, as well as access to, essential goods such as medicines, educational material, and key technologies, they certainly form part of the eminent domain of the state to regulate. Based on a key distinction between states interfering in private property (by means of takings or other deprivations) and states regulating private property (including via private law relations), 40 any judicial review of the latter should usually afford more discretion to states in balancing the various interests involved. 41 Here, the state essentially mediates between different constituencies and groups in a society—rather than acting in a vertical (top-down) relation to its citizen.

In the international IP context, art. 20 TRIPS and art. 17 BC are examples of specific allowances for state interferences, while most IP treaty rules on substantive protections or remedies concern situations of regulating property. Given the significant leeway WTO Panels have afforded to WTO Members when applying IP-specific embodiments of the right to regulate (such as ‘unjustifiability’ in art. 20 TRIPS) in the context of interferences, 42 one should expect an equal (if not more) amount of discretion afforded to state regulation. Looking at the way for example the three-step test as core benchmark for exceptions and limitations has been construed by WTO Panels, this surely has not been the case. 43 At this point, a public international law approach can add significant value by offering a comparative, broader picture. Interpreting the relevant IP treaty rules with a customary right to regulate in mind would reorient the perspective from one that is centred on the interests of IP owners to one that encourages states to take all affected interest into account and balance them as suited for their domestic context. As I have argued elsewhere, both the specific treaty terms of the three-step-tests as well as the overall approach to treaty interpretation in the TRIPS context allow this. 44 In fact, TRIPS’ objectives call for an approach that permits states to protect public interests and to determine what level of protection and enforcement is ‘conducive to socio-economic welfare’. 45 The Doha Declaration on TRIPS and Public Health further confirms that within TRIPS and the IP treaties it incorporates, the right to regulate first and foremost (but not necessarily exclusively) operates through a flexible interpretation of its provisions. 46

C. A Plurality of Global Legal Orders

The example of the right to regulate shows how customary international law as part of a wider public international law framing offers additional insights and approaches for research on IP. This framework can situate international IP law within a plurality of global legal orders, and point towards: (1) general (international) law as a tool for gap-filling and addressing unresolved issues in specialized systems like IP; as well as (2) other areas of law (such as trade, cultural heritage, investment, or human rights) which may serve as useful fields of comparison. This links to the discussion on fragmentation and diversification of international law already hinted at above. Its complexity however cannot satisfactorily be tackled by public international approaches alone—not least because the rule systems that interact and overlap often do not form part of (traditional) public international law but transcend its boundaries in various ways. To better capture this ‘global legal pluralism’, my second example for research approaches hence relies on a broader, multidimensional conception of international IP law developed in Section I .

In the international IP context, two types of fragmentation have been observed and studied. Within the complex web of IP treaties, the last twenty years have seen a continuous trend towards bilateral and (mega-) regional norm-setting, especially in form of IP chapters in comprehensive trade or economic partnership agreements (here generally referred to as FTAs). Among the range of questions this form of fragmentation within the IP system raises, research for example has looked at potentially conflicting obligations some states have agreed vis-à-vis different trading partners, 47 as well as the relationship between FTAs and multilateral treaties such as TRIPS. 48 Those questions essentially concern the law of treaties, 49 and hence again benefit from a broader public international law perspective. The main concept of fragmentation however concerns the ‘functional differentiation’ and ‘diversification’ of international law into a wide range of legal orders or rule-systems that emanate from like-minded actors co-ordinating across borders in essentially all areas of human activity. 50 Where such co-ordination has led to state-sanctioned norm-setting, public international law questions of overlapping and otherwise interacting rule systems arise. 51 The variety of interactions between IP and other rule systems (already hinted at above) provide a fertile ground for analysis, for example on relations between rules addressing human rights, investment, environmental protection, biological diversity, cultural heritage, trade, and IP. 52 Since the general legal principles like lex specialis and/or lex posterior (commonly advocated as conflict resolution tools) tend to reach their conceptual limits when applied to settings where for example no one rule system can reasonably claim to be the most specific one, alternative approaches beyond public international law need to be developed.

Scholars have proposed a range of methods and conceptual frameworks to better understand and analyse such interfaces. 53 For the complex interrelations between, for example, IP, trade, human rights, and investment in the context of tobacco packaging measures, conflict of laws methodologies offer an alternative approach which may be of particular interest for future norm-setting in this area. 54   De lege lata , adjudicators might equally draw on PIL tools such as categorization, depecage, comity, ordre public, and mandatory norms—at least as conceptual guidance when considering options to take account of rules that do not form part of their own ‘lex fori’. That is not to say that these multifaceted interfaces can only be properly tackled by resorting to PIL methods—the idea is rather that one should be generally open to alternative frameworks in this context. This is particularly true when looking at transnational IP norms set by private actors, such as content (rather than actual copyright) protection through automated enforcement tools employed by platforms such as YouTube (owned by Google) or Instagram (part of Facebook). Relying solely on a traditional public international law approach here would disqualify private rules as relevant law—and so effectively neglect the global reach of some of these private ordering regimes (whose impact may surpass that of minimum standards set in public international law treaties on IP). On the other hand, simply scrutinizing these regimes from a traditional private (international) law perspective places undue emphasis on (contractual) freedoms that appear unwarranted in light of the impact these regimes have on third parties, in particular internet users.

Driven by the need to avoid liability for copyright infringements of their users under national laws (especially the Digital Millennium Copyright Act (DMCA)) and by the desire to optimize monetization of content uploaded by their users, these platforms frequently rely on upload filters that identify matches with content claimed by others. 55 Much more often than blocking such uploads, those who claim rights in (parts of) content uploaded by users choose to monetize this content by running adds against it. In contrast to the typically bilateral relations in IP contracts, we are confronted with a tripartite relationship between the platform, content owners, and users where the platform agrees to protect content claimed by those eligible for its protection tools, in ways it determines by its technical design, with regard to material uploaded or otherwise shared by users. 56 Another key distinction to other types of private ordering (like creative commons or other forms of widespread IP licensing frameworks) is the automated enforcement which is part and parcel of content protection through the platform. Once the respective algorithm detects a match (including a partial match) between claimed content and a user upload, the content owner’s decision to block, monetize, or simply track views of that upload is automatically implemented throughout the platform, for all jurisdictions where the owner has claimed this content. While the platforms generally offer mechanisms for users to dispute a claim by a content owner, this often is no more than a request for the content owner to reconsider its claim over the upload. 57

Effectively, this may mean that a user has to take legal action to claim that, under the applicable national law, for example: (1) the claimed content is not copyright protected; (2) the amount utilized does not amount to an infringement; or (3) an exception or other defence applies. Since the platform operates with inbuilt and automated content protection (as designed by the platform and as claimed by content owners), it appears to be on users to take matters into their hands (and eventually to the courts) to enforce their ‘rights’. The problem of course is that copyright laws generally do not conceptualize the various limits to copyright protection as ‘user’s rights’. Arguably, in the world prior to automated enforcement, there was no need for this since the user would normally 58 just use content and then copyright owners need to take action to enforce their rights. Automated content protection through the platform turns this on its head—which may require us to rethink ways to properly conceptualize limits to copyright in this context. In an environment where those who assert ownership over content determine what is protected and the platform defines how, and where these determinations are directly enforced through algorithms, the society needs new and effective tools that re-enforce the public domain.

D. Towards a Multidimensional Appreciation of International Intellectual Property

So, what follows from a multidimensional perspective on international IP law in our example of platforms enforcing copyright online? Simply analysing the legal relations from a traditional public or private international law perspective misses the broader picture. A public international law approach would not recognize private norm-setting as law, even if it has a global reach and significant third party effects. 59 A PIL approach would zoom in on an individual case of a cross-border use of IP-protected content and identify the forum with jurisdiction to decide, and the applicable law. In the relations between the platform and those who claim to own content, the basic principles of party autonomy and freedom of contract govern in a way that makes it easy to overlook the third party (and potentially inter omnes ) effects of their private ordering. These principles, of course, are justified by the idea that private parties can freely agree on their legal relations amongst themselves unless there is a public policy reason to intervene (such as the need to protect a weaker party, as in employment and consumer contracts). In the context of content protection by platforms however, any contractual agreement between content owners and the platform has effects well beyond their legal relations. It covers all users of the platform—whether they actively upload content or simply retrieve content through the platform. It affects them as it curtails—as shown above—their ability to use, retrieve and enjoy content within the framework of what their lex loci protectionis IP regime allows.

Unless those users have validly agreed to the content protection enforced through the platform, the notion of party autonomy and freedom of contract offers insufficient ground for the creation of private content protection regimes with global reach. The argument that users are free not to use the platform neglects the fact that many of these platforms nowadays function as essential facilities in accessing and communicating content online. Their role as facilitating freedom of speech and information has been recognized by courts that take this function into account when determining platform liability. 60 If platforms hence are privileged based on their public interest function, they perhaps also have to be held responsible to actually fulfil this function. While it may be hard to say when and under which circumstances platforms begin to serve a public interest function, and if so what responsibilities this exactly entails, it seems clear from a transnational law perspective that they cannot be judged simply on the basis of the freedoms to design their private law relations.

This example shows the limits of any single, traditional international IP law approach when faced with the complex interactions of states, private actors, sector-specific norm-setting (with or without an adjudication mechanism attached to it), as well as private ordering and its automated enforcement. While this chapter has not attempted to offer any concrete solution on the most appropriate method or perspective to look at these interactions, it has generally advocated for the willingness to think outside the box of existing categories. As the factual and normative setting against which we apply all kinds of rules we call law changes dynamically, so should our ability to draw from and, if necessary, adapt the existing pool of norms and principles at our disposal.

IV. Conclusion

Overall then, a complex and multidimensional picture of international IP law emerges. While the dominant conception focuses on public international law and its applications to IP, PIL and transnational IP-related norms set by private actors are equally valid expressions of an ‘international law’ approach to IP. Those different approaches are not in conflict, but complementary. Taken in combination, they: (1) certainly allow us to more accurately and more comprehensively describe the factual setting we are interested in; (2) also offer us opportunities to better comprehend these settings and their social and legal implications; and (3) on that basis, may even provide some guidance on normative policy choices with regard to the protection of IP on the international plane. As the examples in the previous section have shown, some of the developments pertaining to the use of intangible ‘creations of the mind’ across borders may be best understood by resorting to more than one of these approaches in combination (or may in fact require the employment of yet other approaches to inquiry and analysis).

  See   Frederick Abbott   et al. , International Intellectual Property in an Integrated World Economy (3d ed. 2015) ; Susy Frankel & Daniel Gervais , International Intellectual Property (2016) ; Graeme Dinwoodie   et al. , International Intellectual Property Law and Policy (2d ed. 2008) .

Berne Convention for the Protection of Literary and Artistic Works, 9 September 1886, as revised at Paris on 24 July 1971 and amended in 1979 S. Treaty Doc. No. 99–27 (1986); Paris Convention for the Protection of Industrial Property, 20 March 1888, as revised at the Stockholm Revision Conference, 14 July 1967, 21 U.S.T. 1538, T.I.A.S. No. 6903, 828 U.N.T.S. 305 [hereinafter Paris Convention]; Agreement on Trade-Related Aspects of Intellectual Property Rights, 15 April 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299, 33 I.L.M. 1197 (1994) [hereinafter TRIPS Agreement]; World Intellectual Property Organization, Patent Co-operation Treaty,   http://www.wipo.int/pct/en/treaty/about.htm ; Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, 14 April 1891, 828 U.N.T.S. 389.

Dinwoodie, supra note 1 , at vii.

  Jeremy Bentham , An Introduction to the Principles of Morals and Legislation (1789) .

Examples for IP treaty provisions that are capable of self-execution and hence can meaningfully be given direct effect (without the need to transposition into domestic private law) are the national treatment clauses under most IP treaties. See   Georg Hendrik Christiaan Bodenhausen , Guide to the Application of the Paris Convention for the Protection of Industrial Property 12 (1968) .

  See, e.g. , art. 30 of the TRIPS Agreement; C-428/08, Monsanto Technology LLC v. Cefetra, 2010 E.C.R. at ¶¶ 72–7; and on arts. 9:2 BC, 13 TRIPS, the judgment Delhi High Court in Chancellor, Masters & Scholars of University of Oxford v. Rameshwari Photocopy Services (7 December 2016, RFA(OS) No. 81/2016) at 17–18, 52.

Compare the above referenced judgments with the WTO Panel decisions in Canada–Patent Protection of Pharmaceutical Products (Canada–Patents), Panel Report (WT/DS114/R) on art. 30, and with United States–Section 110(5) of the US Copyright Act (US–Copyright), Panel Report (WT/DS116/R). While the Paris Convention (PC) and Berne Convention (BC) foresee the option to bring disputes to the International Court of Justice, this option has never been relied upon in the history of these conventions.

For a list of WTO TRIPS disputes, see Disputes by Agreement , World Trade Org. (WTO) , https://www.wto.org/english/tratop_e/dispu_e/dispu_agreements_index_e.htm (last visited 30 January 2020). Reasons for the limited engagement of the WTO dispute settlement system in IP may be due to the significant increase in IP norm-setting on the bilateral, regional, and ‘mega-regional’ level (which supersedes multilateral standards in many areas). It can perhaps also be explained by key players resorting to diplomatic channels, unilateral pressures, and technical assistance in order to influence IP protection abroad.

One might counter that ISDS remedies are essentially about compensation, not requiring changes in domestic law. In practice, however, the mere threat of ISDS and bargaining in its shadow may well serve as a strong incentive not to adopt measures investors argue to breach investment protections.

  See Preamble of the TRIPS Agreement.

  See What is Intellectual Property? , wipo , http://www.wipo.int/about-ip/en/ (last visited 30 January 2020).

  See, e.g. , the ‘Brussels I’ Regulation (Council Regulation (EC) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), Official Journal L351/1, 20/12/2012, 1–32); and the ‘Rome II’ Regulation (Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations, 2007 O.J. (L 199) 40–49).

For the ‘Judgments Project’ as a current initiative to create harmonized rules of jurisdiction, see The Judgments Project , Hague Conference on Private International Law , https://www.hcch.net/en/projects/legislative-projects/judgments (last visited 1 February 2020).

  See, e.g. , Principles on Conflict of Laws in Intellectual Property, European Max Planck Group on Conflict of Laws in Intellectual Property (CLIP) , http://www.ip.mpg.de/fileadmin/ipmpg/content/clip/Final_Text_1_December_2011.pdf (1 December 2011); Committee on Intellectual Property and Private International Law, International Law Association , http://www.ila-hq.org/index.php/committees (last visited 30 January 2020).

  See, e.g. , art. 5(2) BC.

  See, e.g. , the extensive discussion of the ‘justiciability’ of foreign IP rights in the UK Supreme Court judgment in Lucasfilm Ltd. & Ors v. Ainsworth & Anor [2011] UKSC 39, ¶¶ 50–110.

  Id. at ¶ 87–109. A good example is the litigation of Actavis and Eli Lilly over foreign patents in English courts—ending with the judgment of the UK Supreme Court where it revised its approach to patent infringement by equivalence, also based on the approaches of foreign courts, and found the respective patent also infringed in a range of foreign jurisdictions. See Eli Lilly v. Actavis UK Ltd. & Ors [2017] UKSC 48, ¶¶ 44–52, 82–91, and in particular ¶¶ 92–102.

Art. 9(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark, 2007 O.J. (L 154) 1–99.

In light of the significant role right holders have played in drafting public international treaty rules on IP, see, e.g. , Susan Sell , Private Power, Public Law: The Globalisation of Intellectual Property Rights 108–20 (2003) . This difference in perspective might not matter much for the interests being served/focused upon.

  See Horatia Muir Watt, Private International Law as Global Governance (PILAGG), http://blogs.sciences-po.fr/pilagg/what-is-pilagg/ (last visited 30 January 2020); Horatia Muir Watt & Diego P. Fernández Arroyo , Private International Law and Global Governance (2014) .

Philip Jessup famously coined the term ‘transnational law’ to describe ‘all law which regulates actions or events that transcend national frontiers. Both public and private international law are included, as are other rules which do not wholly fit into such standard categories’. See   Philip Jessup , Transnational Law 1 (1956) . The term ‘transnational’ is used here with a focus on Jessup’s third category, in particular private ordering which reaches beyond borders.

  See generally   Stephen Ladas , Patents, Trademarks, and Related Rights: National and International Protection (1975) ; Bodenhausen, supra note 5 ; Samuel Ricketson , Berne Convention for the Protection of Literary and Artistic Works, 1886–1986 (1989) .

A telling example is that one of the early textbooks on international industrial property by Ladas does not, in three volumes and over 2,000 pages, include any general discussion on public international law other than the impact of World War II and restoration of IP rights under treaties of peace. One reason may be that in the history of the PC and BC, the option to bring a dispute to the International Court of Justice has never been relied upon. On top of this, jurisdictional clauses like art. 28 PC have only been introduced in more recent PC revisions and are subject to reservations. See Ladas, supra note 22 at 1805–46.

  See, e.g. , Rochelle Dreyfuss & Andreas Lowenfeld , Two Achievements of the Uruguay Round: Putting TRIPS and Dispute Settlement Together , 37 Virginia J. Int’l L. 275 (1997) . For a recent treatment of the IP in the WTO context, see   Matthew Kennedy , WTO Dispute Settlement and the TRIPS Agreement: Applying Intellectual Property Standards in a Trade Law Framework (2016) .

  See, e.g. , Susy Frankel , The WTO’s Application of ‘the Customary Rules of Interpretation of Public International Law’ to Intellectual Property , 46 Virginia J. Int’l L. (2005) ; Robert Howse , The Canadian Generic Medicines Panel: A Dangerous Precedent in Dangerous Times , 3 J. World Intell. Prop. 493 (2000) ; Bryan Mercurio & Mitali Tyagi , Treaty Interpretation in WTO Dispute Settlement: The Outstanding Question of the Legality of Local Working Requirements , 19 Minn. J. Int’l L. 275 (2010) ; Henning Grosse Ruse-Khan , Proportionality and Balancing within the Objectives of Intellectual Property Protection , in Intellectual Property and Human Rights 161, 184 (2008) .

  See European Communities—Regime for the Importation, Sale and Distribution of Bananas, Recourse to Arbitration by the European Communities under art. 22.6 of the DSU (WT/DS27/ARB/ECU), 24 March 2000; A. Subramanian & Jayashree Watal , Can TRIPS Serve as an Enforcement Device for Developing Countries in the WTO? , 3 J. In’l & Econ. L. 403 (2000) ; United States—Measures Affecting the Cross-Border Supply of Gambling and Betting Services, Recourse by Antigua and Barbuda to art. 22.2 DSU (WT/DS285/22), 22 June 2007; Henning Grosse Ruse- Khan , A Pirate of the Caribbean? The Attractions of Suspending TRIPS Obligations , 11 J. Int’l Econ. L. 313 (2008) .

International Law Commission (ILC), Fragmentation of International Law: Difficulties Arising from the Diversification and Expansion of International Law (Report of the Study Group of the International Law Commission, 13 April 2006, UN Doc A/CN.4/L.682).

  See   Henning Grosse Ruse-Khan , A Conflict-of-Laws Approach to Competing Rationalities in International Law: The Case of Plain Packaging between IP, Trade, Investment and Health , 9 J. Private Int’l L. 309 (2013) .

Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) 1989 I.C.J. Rep. 42, ¶ 50.

Grosse Ruse-Khan, supra note 28 , ¶ 185.

  Id. at ¶ 169.

United States—Standards for Reformulated and Conventional Gasoline (US–Gasoline), Appellate Body Report (29 April 1996, WT/DS2/AB/R), 16.

ILC Report, supra note 27 , ¶ 170.

  See, e.g. , the decisions Korea—Government Procurement (19 January 2000) WT/DS163/R, ¶ 7.96; US—Antidumping & Countervailing Duties, Appellate Body Report, DS379/R/AB, ¶ 316. See generally   Graham Cook , A Digest of WTO Jurisprudence on Public International Law Concepts and Principles 234–44 (2015) (in particular the case law at 240–42).

  See Global Challenges Division , wipo , http://www.wipo.int/about-wipo/en/activities_by_unit/index.jsp?id=56 (last visited 30 January 2020).

  See   Joel Trachtman , The International Economic Law Revolution and the Right to Regulate (2005) ; Catherine Titi , The Right to Regulate in International Investment Law (2014) .

In Saluka v. Czech Republic, the tribunal held: ‘It is now established in international law that States are not liable to pay compensation to a foreign investor when, in the normal exercise of their regulatory powers, they adopt in a non-discriminatory manner bona fide regulations that are aimed to the general welfare.’ See Saluka Investments BV (The Netherlands) v. Czech Republic, Partial Award (17 March 2006), at ¶ 255. For a discussion on the contours of the right to regulate in light of the Philip Morris v. Uruguay Awards, see   Yannick Radi , Philip Morris v. Uruguay—Regulatory Measures in International Investment Law: To Be or Not To Be Compensated? , 33 ICSID Rev . 74–80 (2018) .

I owe thanks to Jorge Vinuales for making this point.

  See Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7, Award (8 July 2016); Saluka v. Czech Republic, supra note 37 ; Methanex Corp. v. United States of America, UNCITRAL, Final Award of the Tribunal on Jurisdiction and Merits (3 August 2005).

  See art. 1 to the First Protocol of the European Convention on Human Rights (Convention for the Protection of Human Rights and Fundamental Freedoms, ECHR).

  See Anheuser Busch Inc. v. Portugal, Judgment of the Grand Chamber, 11 January 2007 (Application No. 73049/01), paras. 80–86.

Australia—Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WTO/DS435/P), 28 June 2018, in particular ¶ 7.2393–2431, 7.2586–2606, in particular 7.2604.

  See, supra note 7 .

  Henning Grosse Ruse-Khan , The Protection of Intellectual Property in International Law Ch. 13 (2016) .

  See arts. 7 and 8 TRIPS—provisions which, in ¶ 5 of the Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration) (Doha, 14 November 2001, WT/MIN(01)/DEC/2), all WTO Members agreed to serve as core elements for the interpretation of TRIPS.

Referring to the ‘right to protect public health’, in para. 4 of the Doha Declaration WTO Members further indicate that within TRIPS, the customary right to regulate is to be given effect primarily via treaty interpretation—and consider that TRIPS provides sufficient ‘flexibility for this purpose’.

  See, e.g. , Anke Moerland , Why Jamaica Wants to Protect Champagne: Intellectual Property Protection in EU Bilateral Trade Agreements (2013) .

  See   Henning Grosse Ruse-Khan , From TRIPS to FTAs and Back: Re-Conceptualising the Role of a Multilateral IP Framework in a TRIPS-Plus World , 48 Neth. Y.B. Int’l L. 58–107 (2017) .

  See in particular arts. 30 and 41 VCLT.

  Gunther Teubner & Andreas Fischer-Lescano , Regime Collisions: The Vain Search for Legal Unity in the Fragmentation of Global Law , 25 Mich. J. Int’l L. 999 (2004) .

Grosse Ruse-Khan, supra note 28 . Those questions are considered in detail in the ILC Fragmentation report; see, e.g. , Joost Pauwelyn , Conflict of Norms in Public International Law (2003) .

  See, e.g. , Holger Hestermeyer , Human Rights and the WTO: The Case of Patients and Access to Medicine s (2007) ; Wei Zhuang , Intellectual Property Rights and Climate Change (2017) ; Generally   Graham Dutfield & Uma Suthersanen , Global Intellectual Property Law (2008) ; Henning Grosse Ruse-Khan, supra note 44 , at Pts. III and IV.

  See   Paul S. Berman , Global Legal Pluralism: A Jurisprudence of Law Beyond Borders (2012) ; Ralf Michaels & Joost Pauwelyn , Conflict of Norms or Conflict of Laws? Different Techniques in the Fragmentation of International Law , 22 Duke J. Comp. & Int’l L. 349 (2012) ; see generally   Margaret Young , Regime Interaction in International Law (2012) .

Henning Grosse Ruse-Khan, supra note 28 .

  See, e.g. , How Content ID Works , Youtube Help , https://support.google.com/youtube/answer/2797370?hl=en-GB (last visited 30 January 2020); Automatic Content Recognition? More Like Automatic Content Monetization , Audible Magic , https://www.audiblemagic.com/compliance-service/#how-it-works (last visited 30 January 2020) (A general description of automated enforcement tools by one of the major providers).

Not everyone who claims to own content may be eligible for protection by the platform. See Qualifying for Content ID , Youtube Help , https://support.google.com/youtube/answer/1311402 (last visited 30 January 2020). The type of protection (including common options such as monetizing, tracking, or blocking user uploads) afforded also is determined by the platform. See Policy and Claim Basics , Youtube Help , https://support.google.com/youtube/answer/107383 (last visited 30 January 2020).

For YouTube’s Content ID, see Dispute a Content ID Claim , Youtube Help , https://support.google.com/youtube/answer/2797454 (last visited 30 January 2020). Where after an unsuccessful ‘appeal’ to the content owner (which requires the latter to request a copyright takedown), the user can submit a counter-notification under the DMCA. It seems that such a counter-notification in turn requires the content owner to provide YouTube with evidence that (s)he has initiated court proceedings against the user. See Copyright Counter-Notification Basics , Youtube Help , https://support.google.com/youtube/answer/2807684?hl=en-GB&ref_topic=2778545 (last visited 30 January 2020). It however remains unclear whether (and especially how) this system will work with regard to content claimed for non-US jurisdictions where the DMCA does not apply.

With the exception of situations where technological protection mechanisms (TPMs) are deployed.

Of course, there is a long-standing debate about the (human rights) responsibilities of private actors under international law—but this has not moved much beyond optional guiding principles for these actors.

  See Case C‑360/10, Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v. Netlog NV (16 February 2012), ¶¶ 48–50; Case C‑314/12, UPC Telekabel Wien GmbH v. Constantin Film Verleih GmbH (27 March 2014), ¶¶ 55–57; and in particular the decision of German Federal Supreme Court (BGH) in Vorschaubilder III (I ZR 11/16–21 September 2017), ¶¶ 60–62.

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Top 100 Law Project Topics [Updated 2024]

Law Project Topics

In the area of law studies, selecting the right project topic can be difficult to find the perfect puzzle piece – it’s essential for a cohesive and engaging academic journey. Whether you’re a budding legal scholar or just someone intrigued by the complexities of the legal world, understanding the plethora of options available in law project topics can open up a world of intellectual exploration.

How Can I Get Project Topics?

Table of Contents

Finding project topics can be approached in several ways:

  • Academic Resources: Consult your course syllabus, textbooks, and academic journals related to your field of study. These sources often contain suggestions for potential project topics or can inspire ideas through their content.
  • Online Databases: Explore online databases and repositories that specialize in academic research. Websites like JSTOR, Google Scholar, and PubMed offer a vast array of scholarly articles and research papers across various disciplines, providing ample inspiration for project topics.
  • Faculty Guidance: Reach out to your professors, instructors, or academic advisors for guidance. They can give you helpful advice, recommend useful books and articles, and assist you in improving your ideas using what they know and have learned.
  • Current Events: Stay updated on current events and societal issues relevant to your field of study. Newspapers, magazines, and online news platforms often cover legal developments, environmental challenges, and other topics that can serve as the basis for engaging project topics.
  • Brainstorming Sessions: Organize brainstorming sessions with classmates or peers to generate ideas collaboratively. Discussing different perspectives and areas of interest can lead to innovative project topics and approaches.
  • Personal Interests: Consider your own interests, hobbies, and experiences when selecting a project topic. Choosing a topic that resonates with you personally can make the research process more enjoyable and rewarding.
  • Professional Networks: Connect with professionals or experts in your field through networking events, conferences, or online forums. Talking to experts in your field can help you learn about what’s happening right now, what problems people are facing, and what topics are interesting to study.

Top 100 Law Project Topics: Category Wise

Criminal law.

  • The impact of technology on criminal investigations
  • Restorative justice approaches in juvenile delinquency cases
  • Rehabilitation programs for offenders: effectiveness and challenges
  • Mental health issues in criminal law: addressing challenges and reforms
  • Prosecutorial discretion: balancing justice and discretion
  • Eyewitness testimony: reliability and legal implications
  • Racial inequalities in the justice system: why they happen and how to fix them
  • Dealing with new problems in cybercrime: laws and what we do about them
  • How local police working closely with communities can help stop crime
  • Sentencing disparities: addressing inequalities in the criminal justice system
  • Criminal profiling and its reliability in law enforcement
  • The legal implications of police use of force
  • Mental health defenses in criminal trials: challenges and reforms
  • Drug policy and criminal justice: exploring alternative approaches
  • The intersection of race, poverty, and criminal justice
  • Investigative interviewing techniques: legal and ethical considerations
  • Bail reform: addressing disparities in pretrial detention
  • Cybersecurity laws: protecting against digital threats and cybercrimes
  • Criminal liability of corporations: holding entities accountable for wrongdoing
  • Witness protection programs: effectiveness and ethical dilemmas

Constitutional Law

  • Freedom of speech in the digital age: implications and limitations
  • Judicial review and its role in safeguarding constitutional rights
  • Federalism and states’ rights: contemporary issues and debates
  • Separation of powers: balancing branches of government
  • Privacy rights in the age of surveillance technology
  • Equal protection under the law: challenges and progress
  • The role of the Supreme Court in shaping constitutional interpretation
  • Constitutional rights of marginalized groups: LGBTQ+, immigrants, etc.
  • Religious freedom in a secular society: conflicts and resolutions
  • The right to bear arms: interpreting the Second Amendment
  • The right to privacy and emerging technologies: drones, surveillance, etc.
  • Voting rights and voter suppression: legal challenges and protections
  • Freedom of religion and state secularism: balancing competing interests
  • Constitutional protections for LGBTQ+ rights: progress and challenges
  • The legal status of undocumented immigrants: rights and immigration policies
  • Environmental rights in constitutional law: the right to a healthy environment
  • Access to justice: addressing barriers to legal representation
  • Constitutional challenges to government surveillance programs
  • The role of the judiciary in protecting civil liberties during times of crisis
  • Campaign finance laws and the regulation of money in politics

International Law

  • The legality of targeted drone strikes under international law
  • Refugee rights and obligations: international perspectives
  • International Humanitarian Law: Keeping People Safe in War: This is about rules to protect regular people during wars. It’s like having fair play rules, but for countries fighting each other.
  • Climate Change and Global Environmental Rules: This is about making rules that all countries agree on to help with things like pollution and climate change. It’s like agreeing to clean up after ourselves to keep the Earth healthy.
  • How Groups like the United Nations Help Keep Peace: This is about how big organizations, like the United Nations, work to stop fights between countries and make sure everyone is safe. It’s like having referees to stop a fight before it gets too serious.
  • Human rights violations in conflict zones: accountability and justice
  • The law of the sea: maritime disputes and legal frameworks
  • International trade agreements and dispute resolution mechanisms
  • Global governance and the challenge of state sovereignty
  • International criminal law: prosecuting war crimes and crimes against humanity
  • The legal status of refugees and asylum seekers: international obligations
  • Human trafficking laws: combating modern-day slavery
  • International humanitarian intervention: legal justifications and limitations
  • The legal framework for addressing terrorism and extremist ideologies
  • Dispute resolution mechanisms in international trade agreements
  • International environmental governance: treaties and global cooperation
  • The legal status of stateless persons: challenges and solutions
  • Indigenous rights in international law: recognition and protection
  • Cybersecurity norms and international law: preventing cyber conflicts
  • The legality of targeted sanctions and their impact on human rights

Environmental Law

  • Corporate responsibility for environmental damage: legal frameworks and challenges
  • Indigenous rights and environmental conservation
  • Climate change litigation: legal strategies and outcomes
  • Environmental impact assessments: balancing development and conservation
  • Wildlife protection laws: conservation efforts and challenges
  • Clean air and water regulations: policy effectiveness and enforcement
  • Renewable energy policies: promoting sustainability and reducing carbon emissions
  • Environmental justice: addressing disparities in environmental protection
  • The role of international agreements in addressing environmental challenges
  • Urban planning and environmental sustainability: legal approaches and urban development
  • Land use planning and sustainable development: legal frameworks and challenges
  • Renewable energy incentives and subsidies: promoting clean energy adoption
  • Environmental impact assessment in infrastructure projects
  • Ecosystem-based approaches to climate adaptation and mitigation
  • The legal framework for protecting biodiversity hotspots
  • Corporate social responsibility and environmental stewardship
  • Climate litigation against governments and corporations
  • The role of indigenous knowledge in environmental conservation
  • Carbon pricing mechanisms: cap and trade, carbon taxes, etc.
  • International wildlife trafficking laws and enforcement efforts

Intellectual Property Law

  • The impact of artificial intelligence on copyright law
  • Biotechnology patents: ethical considerations and legal challenges
  • Trademark law and global branding: protecting intellectual property rights
  • Open access and intellectual property: challenges and opportunities
  • Digital rights management: copyright protection in the digital age
  • Genetic patents: legal implications and ethical concerns
  • Copyright infringement in the age of digital piracy
  • Intellectual property rights in the pharmaceutical industry
  • Patent trolls: legal strategies for combating patent litigation abuse
  • Fair use doctrine: balancing copyright protection and creativity
  • The legal implications of 3D printing on intellectual property rights
  • Trade secrets protection and enforcement: legal challenges and strategies
  • The intersection of copyright law and artificial intelligence-generated content
  • Fashion law: intellectual property protection in the fashion industry
  • Genetic privacy and the legal implications of genetic testing
  • Digital rights and the legal framework for online privacy protection
  • The legal status of virtual currencies and blockchain technology
  • Patent pools and collaborative innovation: legal and antitrust considerations
  • Geographical indications and the protection of traditional products
  • Access to medicines and the balance between patent rights and public health

What Are The Legal Issues In Nigeria?

Nigeria, like any country, has a range of legal issues. Some common legal issues in Nigeria include:

  • Corruption: Nigeria has been grappling with issues of corruption at various levels of government and society, which undermines the rule of law, economic development, and social cohesion.
  • Security Challenges: Nigeria has faced security challenges, including terrorism, insurgency (such as Boko Haram in the northeast), communal violence, and kidnapping, which have legal ramifications in terms of law enforcement, human rights, and counter-terrorism measures.
  • Human Rights Violations: People are worried because sometimes the police and other security forces break the rules. They might hurt or kill people without a fair trial, arrest people for no good reason, or even hurt them on purpose. These issues raise legal questions about accountability, due process, and access to justice.
  • Electoral Integrity: Nigeria has a history of electoral irregularities, including voter intimidation, ballot stuffing, and manipulation of election results. Legal issues arise concerning the integrity of electoral processes, the independence of electoral bodies, and the resolution of electoral disputes.
  • Legal Framework and Judicial System: People are talking about making the legal system work better by changing some rules. They want it to be faster, fairer, and more separate from other parts of the government. This includes issues such as delays in the dispensation of justice, inadequate legal representation for indigent individuals, and the need for clearer legal frameworks in areas such as business regulation and property rights.
  • Cybercrime: With the increasing use of digital technologies, Nigeria faces challenges related to cybercrime, including online fraud, hacking, and identity theft. Legal frameworks and enforcement mechanisms need to adapt to address these evolving threats.
  • Intellectual Property Rights (IPR): Making sure people’s ideas and inventions are safe is really important because it helps new ideas to grow and makes the economy stronger. However, Nigeria has faced challenges related to counterfeiting, piracy, and weak enforcement of IPR laws, which impact both local and international businesses.
  • Land Disputes: Land tenure systems in Nigeria are complex, and disputes over land ownership and usage are common. Legal issues related to land rights, land acquisition, and land-use planning require effective legal mechanisms for resolution.
  • Child Rights and Protection: Nigeria faces challenges related to child rights and protection, including issues such as child labor, child trafficking, and access to education. We need to make the rules and systems that protect kids stronger so that their rights are always looked after.

How Do You Write A Law Project?

To write a law project, you need to do a few important things. First, pick a topic you like and do some research. Then, organize what you find and explain it in a clear way. Finally, share your ideas in a way that makes sense and convinces others. Here’s a step-by-step guide on how to write a law project:

  • Choose a Topic: Pick something you like and that fits with what you want to learn or do. Think about how big the topic is, if it’s important right now, and if you can find enough information about it.
  • Do Research: Find good sources like books, articles, and laws that talk about your topic. Use libraries and online tools to find information that supports what you’re doing.
  • Decide on Your Main Idea: Say clearly what you’re trying to prove or figure out with your project. Make sure it’s something specific, worth discussing, and related to your topic.
  • Plan Your Project: Make a plan that lays out what you’ll talk about and how you’ll do it. Include parts like an introduction, background info, what others have said about your topic, how you did your research, what you found, and what it all means.
  • Start with an Introduction: Start your project with a good intro that explains what your topic is about, what you’re going to say in your project, and what you think is the most important point.
  • Look at What Others Have Written: Read what others have said about your topic to understand it better. Summarize the main ideas and arguments from what you read to help explain your own ideas later on.
  • Develop Your Methodology: If your project involves empirical research or data analysis, outline your methodology in detail. Describe your research design, data collection methods , sampling techniques, and any ethical considerations.
  • Present Your Findings: Present your research findings or analysis in a clear and organized manner. Use headings and subheadings to structure your content and guide the reader through your argument or analysis.
  • Analyze Your Findings: Analyze your research findings in relation to your thesis or research question. Discuss the implications of your findings, evaluate their significance, and consider any limitations or challenges encountered during the research process.
  • Provide Recommendations or Conclusions: Based on your analysis, provide recommendations for future research, policy implications, or practical applications. Summarize the key insights of your project and reiterate your main argument or findings in the conclusion.
  • Cite Your Sources: Ensure that you properly cite all sources used in your project according to the appropriate citation style (e.g., APA, MLA, Chicago). Use footnotes, endnotes, or in-text citations to attribute ideas, quotes, and data to their respective sources.
  • Proofread and Revise: Carefully proofread your project for grammar, spelling, punctuation, and clarity. Revise your writing to improve coherence, flow, and logical progression of ideas. Consider seeking feedback from peers, professors, or mentors for further refinement.
  • Format Your Project: Make sure your project looks the way your teacher wants it to. This means adding things like a cover page, a list of what’s inside (like a book’s table of contents), and any other stuff your teacher says you need, like summaries, thank-yous, or extra information at the end.
  • Submit Your Project: Once you have completed and reviewed your project, submit it according to the submission instructions provided by your instructor or institution. Ensure that you meet any deadlines and requirements for formatting, length, and citation style.

Exploring law project topics is not just an academic exercise; it’s a journey of intellectual discovery and growth.

Whether you’re drawn to the complexities of criminal law or the nuances of constitutional principles, there’s a wealth of fascinating topics waiting to be explored.

So, roll up your sleeves, delve into the realm of legal studies, and embark on a journey of learning and exploration that will expand your horizons and deepen your understanding of the world around you.

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105 interesting property law topics for your paper.

property law topics

Before you assess custom research topics in real estate, what is property law? You should even know the types of property law because they encompass what are considered legal properties. What is even legal property in property law?

Property law is a section of the law that oversees the legality of real property or personal property ownership. It evaluates and protects claims to resources as an object of legal rights. This extends to intellectual property laws also.

These laws are the engaging and intriguing parts of English common law that embrace possession of wealth collectively or individually. The two basic types of property law are real property and personal property.

Real property is an immovable property that could be land and anything found inside or on it. This could be an erected building or mineral resource. On the other hand, personal property refers to movable properties like stocks, money, notes, copyrights, patents, and other forms of intangible property. How do you structure your research after choosing a topic property law?

Outline Of A Good Property Law Research Paper

Selecting a topic is one of the most dreaded parts of research for students. However, your topic from these 105 topics must be potentially engaging. It should also be a topic you could perform your best on. It would help if you found an argument, defined your audience, and conducted research that could include:

  • Introduction: Your introduction determines whether a reader will keep reading or drop your work. You must hook a reader with intriguing insights about property law and what you’ve set out to do with your research. You must also include your thesis statement, which is a brief analysis of what your research is about.
  • Body: This is the main subject where you present your arguments. Facts must accompany your arguments. This makes your work more of high quality and scholarly work. You must, of course, consult reliable sources to back up the case studies you cite as well as the points you make.
  • Conclusion: This is where you summarize your arguments. You get to state your most vital points, give a general overview, and state your resolution based on the facts you’ve considered. All these will help you create a well written paper or essay.

Now that you know what property law is and how to outline property law research, attempt any of these questions or topics from our best research proposal writing services :

Easy Real Estate Law Questions

Real estate is an essential part of entrepreneurial and academic fields. There are numerous research topics in real estate which concern the stages of progress in a country or how the value or properties have diminished or increased. Consider these good questions:

  • Examine how real estate value can be protected during investment risks.
  • Analyze the real estate policy framework of the previous century and how it affects this century’s policy.
  • What is the basis of equity markets and institutional investors?
  • What is the criticism of real estate policies from the Marxist view?
  • What is the definition of real estate from the liberal lens?
  • Examine the geography of finance and real estate.
  • Examine the risks and opportunities associated with real estate in any country of your choice.
  • What are the pillars financing real estate in any state of your choice?
  • How do federal laws guide personal properties?
  • What is the role of the internal revenue service of the UK in real estate?
  • How does real estate help with alleviating the unemployment problem in the US?
  • Examine the effect of a commercial advertisement for residential home sale.
  • Why does property value diminish?
  • Identify what a real estate transaction is, citing three case studies.
  • Examine the legal requirements for mortgaging a property.
  • Examine the safety practices for building in the US.
  • Criticize the environmental contamination Regulations affecting real estate in the UK.
  • What are the challenges facing rural real estate outfits?
  • Examine the challenges of legal debt in real estate.
  • What does estate law say in the construction of underground storage tanks?

Hot Topics Real Estate

Real estate encompasses land, buildings, natural resources, and other forms of immovable properties. As an interesting part of any society, there is a need for advanced topics on legal properties and what protects business owners. All these real estate law issues birth the following potential in depth research idea on the subjects:

  • Examine the symbiosis between sales prices and building costs.
  • Do housing regulators in real estate have any significance?
  • What are the fundamental economic indicators for investment in real estate?
  • Examine the scale of low interest in buying homes due to COVID-19.
  • Examine in detail how COVID-19 affected real estate.
  • Examine why homeowners are complaining about the rise of mortgage rates and what led to it.
  • Analyze the factors to be considered when investing in a real estate company.
  • Examine the ways interest rates and taxes affect real estate.
  • Evaluate the importance of the environment in valuing a property.
  • Evaluate the reasons why some buy homes rather than build theirs.
  • Examine the factors that facilitate the rise of properties in recent times.
  • Evaluate the implication of shortage of skilled workers in the US and how it affects real estate.
  • Examine the impact of varied stocks on homeowners.
  • Evaluate the growth of private housing units in the UK.
  • Discuss the essence of real estate in a recession.
  • Examine the future of real estate in the UK.
  • Discuss the future of the real estate market in the US.
  • Examine how real estate has boomed the economy of any country of your choice.
  • Evaluate the role of the National Association of Home Building in real estate.
  • Examine how real estate agents affect the industry.
  • Evaluate the limitations of legal laws on real estate.
  • Examine the professionalism feature of real estate practice.
  • Examine the trends of the real estate market in any country of your choice.
  • How do buyer choices impact real estate decisions?
  • What are the professional ethics and legal practices in real estate?

Easy Research Topics In Real Estate

If you want to know more about the present and the future, conducting in depth research into real estate could help. Dissecting these advanced topics on real estate could get you the best grades in school. Attempt any of these legal property law topics:

  • Project the future of real estate in the UK.
  • Examine the current trends, give a review of the evolution of real estate.
  • Examine the differences between real estate and personal property laws.
  • Evaluate the reasons for the focus on urban centers.
  • Do you think rural infrastructural development could help with rural real estate outreach?
  • Give detailed research on how home prices affect buyer choices post-pandemic.
  • What has led to the reduction in the construction of residential homes in any country of your choice?
  • Examine the ways the Black Lives Matter movement affected real estate.
  • Examine long term impending challenges over real estate.
  • Examine how scammers maximize the real estate and their strategies.
  • Discuss the latest technology and trends in real estate and how to maximize them.
  • Examine the recent approach for home selling and buying.
  • Analyze the tax shelter strategy as a real estate business owner.
  • Discuss the concept of liability in real estate.
  • Give a deep evaluation of mortgage lending discrimination.
  • Assess how corporate companies invest in real estate.
  • What are the factors that make an investment reliable?
  • Examine the reasons why some investors avoid luxury real estate.
  • Evaluate the role of active manageent and expertise in real estate.
  • Analyze the Property markets filled by private and public investments in any country of your choice.

Intellectual Property Law Topics

Intellectual property is about the laws that protect the unauthorized use of human intellect by other people. This is a critical part of private and public use of intellectual properties. As a crucial part of the law, examine these topics:

  • Compare and contrast the law guiding patent rights in Europe.
  • Examine the process, in detail, of applying for a Patent.
  • Evaluate what patent appeal encompasses.
  • Give a thorough overview of patent infringement using three or five case studies.
  • Examine the reasons for injunctions and restraining orders in patent.
  • Examine the types of patent and analyze them According to the existing literature.
  • Examine the processes of gaining licensing.
  • Analyze the difference between royalties and taxes.
  • Examine the role of royalties in licensing interventions.
  • Give a thorough overview of what copyright infringement is all about in the UK.
  • Give a comprehensive overview of what copyright infringement is all about in the US.
  • Examine the process of registering copyright.
  • How do trademark work?
  • Examine the importance of architecture in copyright law.
  • Examine the process of destroying copyrighted works.
  • Evaluate the basis of the software development agreement.
  • Choose any entertainment country of your choice and examine the intellectual property scandal against them.
  • Examine the scandal between HBO and Dave Chappelle.
  • Examine the intellectual property Agreements of Netflix with any entertainer or brand of your choice.
  • Examine the ways through which officials manipulate people into signing bad deals.

Research Topics in Intellectual Property Law

Part of the law that refers to offering exclusive rights for certain creative activities protects an individual is intellectual property law. In other words, without the owner’s permission, a work can neither be used, copied, or rewritten/redone. As students, you may need to clarify this with advanced research. You can consider these topics:

  • Examine how freedom operate in US law.
  • How can an individual file a provisional patent application?
  • Evaluate the essence of intellectual properties for social media influencers.
  • Where is the place of content creators in intellectual property?
  • Using examples, what are the ways to strengthen patents?
  • Examine the critical features of copyright expiration.
  • Examine what “works in public domain” means.
  • How does playing in restaurants or stores could be tantamount to copyright infringement?
  • What do arbitrary trademark and service marks encompass?
  • Evaluate the registration process of trademark of any company of your choice.
  • Choose three companies and assess their conflicts on an unregistered trademark.
  • Evaluate nondisclosure agreements concerning intellectual properties.
  • Discuss the role of nondisclosure agreements in securing trade secrets.
  • Examine the strategies used by scammers to rob owners of Intellectual property rights.
  • Discuss the evolution of copyright and patent in the English common law.
  • Assess the nature of real estate companies and the essence of copyright laws.
  • Attempt a guide to publishers of ebooks on how to retain copyright over their works.
  • Discuss the factors that could lead to a loss of Intellectual ownership.
  • Examine the trend in the law regarding social media content creators.
  • Criticize any perspective you consider absurd in common about intellectual property rights.

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The Intellectual Property Law Blog at Loyola University Chicago

Transforming challenges into opportunities: my journey into intellectual property law.

Author : Katelyn Sears Assistant Blogger Loyola University Chicago School of Law, J.D. 2026

Epilepsy: a life-altering word. Time stood still as the doctor gave me her diagnosis. My knuckles whitened as my grip tightened on the armchair. After years of not knowing the root cause of my health issues, I now had an answer. My diagnosis changed the trajectory of my life as I knew it. This pivotal moment separated my life into a “before” and an “after.” The love for math and science from my “before” life melded into a passion for navigating the landscape of innovation and technology. This passion defined my “after” life, and eventually propelled me into intellectual property law . But, let me start at the beginning with the “before.”

I’ve always had a love for math and science. This love sent me down the path of obtaining my bachelor’s degree in biomedical engineering at Florida State University. I dove headlong into my courses and as much research as I could get my hands on. I explored a range of opportunities through a National Science Foundation internship , an undergraduate honors thesis , and a job working as a technical writer for a government defense contractor. Before my diagnosis, I was content with synthesizing data. I enjoyed solving problems with formulas. Looking back, it was easy to be detached from the real-world implications of innovations created in labs like the ones I worked in. It was easy to crunch the numbers, perform the lab duties, and forget about the impact of what I was doing.

Being diagnosed with epilepsy allowed me to remember how inventions can truly change people’s lives. Using epilepsy treatments that addressed my symptoms transformed my life in a profound way. My experience with how inventions can positively impact lives made me want to help others have this positive experience as well.

After my diagnosis, I reevaluated my passions. I recognized that my love for the STEM field was no longer located entirely in the lab. I realized that I wanted to align myself more with the “human” side of STEM. What may have seemed like routine lab performances were now smaller parts of a greater whole. When I would be doing daily quality control tests on cell cultures, I now was able to more clearly see the bigger picture of how this impacts real people. I became passionate about advocating for the inventions that were now a bigger part of my own reality. For groundbreaking technology and treatment to reach others like it supported me, the promotion of innovation is essential. Promoting innovation can lead to new inventions, and ultimately improve quality of life. With my experience in STEM and research, the best way to accomplish this seemed to be by pursuing a career in supporting creation.

My lab and STEM experience showed me how much time and resources go into research and development. My diagnosis gave me an appreciation for the importance of rewarding that hard work to incentivize further innovation. Without incentives, who would want to spend all the time and money on developing inventions? These two perspectives have shown me that the key to promoting innovation lies in supporting the inventors behind it.

With this new realization, I was eager to explore a new path that would allow me to support inventors in developing important innovations. I believed that innovations of all types have the potential to positively impact everyone’s lives. This belief sparked a new passion in me for protecting these innovations in order to ensure their continuous growth and lasting impact. Although my diagnosis may have given me a new perspective, it hasn’t weakened my interest in STEM. Despite realizing that my desired role extended beyond the laboratory, I still wanted to pursue a path that merged my newfound passion with my love for STEM.

Discovering IP

With a new desire to carve out a different path, I turned to Google for some guidance on where to start. It wasn’t long into my search that I came across the field of intellectual property (IP) law. Intrigued, I reached out to an attorney I knew so I could learn more. She connected me with her former law school friend who practices IP litigation . Through this connection, I learned about how IP attorneys help protect intellectual property by advocating for IP owners in lawsuits. Our conversation also highlighted the need for attorneys with scientific backgrounds who understood both science and the law. That was the moment when I realized that becoming an IP attorney seemed like a great way to combine my previous love for STEM with my newfound passion for protecting innovation.

From my Google search and meeting with an IP litigation attorney, I learned that intellectual property includes various types of protections, such as patents . With a patent, inventors have the right to exclude others from making their invention for a specified period of time. It is these exclusive rights that can promote innovation by incentivizing investment in research and development. Armed with these exclusive rights, patent holders have the opportunity to recover development expenses. They can generate revenue through licensing agreements, which grant others the right to manufacture their invention for a fee. Alternatively, they can make a profit as the sole seller of the patented invention in the market for the duration of the patent’s validity.

The treatments that have greatly impacted my life, and that of many others, are precisely the kinds of innovations incentivized by the exclusive rights granted by patents. However, one of the remarkable aspects of innovation is its continuous advancement. Why stop at something that performs well when there’s the potential to develop something better? A cool example of this is a potential new epilepsy drug XEN1101 by Xenon. Although it is still pending market approval from the Food and Drug Administration , this drug received a patent in October of 2021. By securing this patent, Xenon will be able to use its exclusive rights to recover the significant financial investment required to develop such a drug. Given that epilepsy drugs are already available on the market, one might question why a company would bother to develop a new seizure treatment. Without patent protection, such endeavors might indeed appear unworthy of the expense. Luckily, this isn’t the case.

XEN1101 helps those with focal seizures. Currently, 50% of patients with focal seizures are considered inadequately managed. Early clinical data shows that XEN1101 has the potential to reduce their seizures by ≥ 50%, which would greatly improve their quality of life. Even with current epilepsy treatments on the market, there is not a one size fits all. There is always potential to develop something better. With the possibility of patent protection, innovators like Xenon can have the necessary motivation to continue striving for improvement that can benefit us all.

This, in a nutshell, is why I want to be an IP lawyer. As an IP lawyer, I can work alongside inventors to help them obtain patents and assert their exclusive rights over the inventions they worked hard to develop. I am optimistic and excited by the possibilities that exist in this field and my potential role in protecting the revolutionary innovations that are emerging. After recognizing that I wanted to pursue IP law, I knew I just needed to find the right place to do it.

IP at Loyola

When applying to law school, I knew I wanted to be at a school that would set me up for a successful career in IP. I wanted a supportive environment with ample opportunities to do so. Prior to committing to law school at Loyola, I met Professor Cynthia Ho at the annual IP alumni event. Here, she introduced me to current Loyola IP students and alumni. Everyone I spoke to was eager to tell me about their path into IP and give me advice for how to navigate the transition from a STEM background to law school. I knew that if these individuals were willing to be this generous with their time and advice to me as a prospective student, it would only be amplified once I chose to commit to Loyola.

As a first-year law student (“1L”) at Loyola, my understanding of IP has expanded significantly. This understanding is attributed to the unique opportunity to take IP classes as a 1L, such as IP legal writing and an IP elective. In IP legal writing, I have learned about IP through hypothetical cases involving issues with patents, copyrights , issues, and trademarks . I particularly enjoyed our first assignment, which involved completing a research memo on the potential violation of a patent for peanut butter pancakes . I am also enrolled in the IP elective, Global Access to Medicine: A Patent Perspective . This elective has shown me different perspectives on how patents can both promote innovation and hinder access to affordable medicine. Each of these courses have exposed to me how IP works in the real world and confirmed my interest in IP. The more I learn about IP, the more I desire to learn even more.

Additionally, I am currently a 1L Representative for Loyola’s IP Law Society (“IPLS”) . As a 1L Representative, I work as a liaison between the executive board and my section to notify them of all the IP opportunities throughout the year. I have enjoyed sharing my excitement about IP with my fellow students. Being involved in IPLS has also given me the opportunity to attend various IP networking events. At these events, I engaged with attorneys from diverse professional backgrounds and learned about the vast range of opportunities available in the field. I am incredibly excited to explore and apply this interest even further this summer, as a 1L Summer Associate at Marshall, Gerstein & Borun (an IP firm).

My “before” and “after” are defined by one event but one is not more important than the other. My experiences and knowledge gained “before” continues to influence my “after” everyday through my decision to attend Loyola and pursue IP. I am excited to see how my story guides me through the long career I have ahead of me!

Katelyn Sears Assistant Blogger Loyola University Chicago School of Law, J.D 2026

For Others, With Others

The extent of Japan’s intellectual property rights online and in virtual spaces

research topics in intellectual property law

  • # Master’s (Doctoral) Program in law
  • # Department of International Legal Studies
  • # Faculty of Law
  • # Graduate School of law

Yasuto Komada Professor Department of International Legal Studies Faculty of Law

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Intellectual property refers to intellectual works, trademarks, and such created by people. Professor Yasuto Komada from the Faculty of Law explains how we can protect intellectual property in a society that is changing rapidly due to globalization and digitalization.

I specialize in intellectual property law. There is no actual law by this name, but intellectual property law refers to laws that protect intellectual property, such as the Patent Act, Copyright Act, and Trademark Act.

Compared to the Constitution, Civil Code, and such, intellectual property law can be said to be a field that changes rapidly, as laws and their interpretation are pressured to be updated whenever there is technological innovation or new cultural phenomena.

Appropriateness of territoriality principle for patents in handling modern issues

research topics in intellectual property law

For example, in my recent research, I handled the issue of patent infringement related to inventions using the internet. Patents are rights protecting inventions and must be obtained for each country and can only be enforced in countries where patents have been obtained.

If Company A has a product with a patent in Japan, it is an infringement if Company B manufactures and sells it without permission in Japan, but not so if B manufactures and sells it overseas. This is called the principle of territorial jurisdiction.

In recent years, though, we often see cases where Company X has obtained a patent in Japan for an online service, but Company Y provides an identical service to users in Japan. Common sense would say this is an infringement, but what if Y asserts that there is no infringement on the patent in Japan as Y’s system uses servers in the United States? Simply applying territorial jurisdiction will lead to impunity for Y.

A famous case is the patent lawsuit involving Niconico Douga. The function of streaming comments across the screen is patented by the company that operates Niconico Douga, but Tokyo District Court did not recognize an infringement as the servers of the company copying this function were located in the United States.

However, in 2023, the Grand Panel of the Intellectual Property High Court demonstrated a relaxed interpretation of territorial jurisdiction and reversed the ruling in favor of Niconico Douga.

Seeking interpretations of intellectual property laws befitting the changes of the times

I think it is meaningless to be preoccupied with the principle of territorial jurisdiction for inventions related to the internet. Servers can be located in any country. This is the time for us to graduate from this principle and for users to change and follow the intellectual property laws of even more places.

There are other issues arising recently. If a bag that is an exact replica of a famous brand is sold in online virtual spaces (metaverse), can we enforce the trademark rights of our physical world? If we use artificial intelligence (AI) to synthesize a voice that resembles that of a certain singer and make an avatar in the metaverse sing using this voice, can we be said to be infringing on the rights of that singer?

The intellectual property laws of many countries were written based solely on intellectual property in the real world, and there is no mechanism to deal directly with such new issues.

Now is the time for intellectual property laws to transition from existing concepts to new ones. However, this is not an easy task.

Unlike mathematics, there are no absolutely correct answers in law. A law becomes justified when many people believe it is correct. This is why legal studies is said to be the study of persuasion. Researchers of intellectual property laws are required to derive interpretations that befit the times and are capable of convincing many people.

The book I recommend

“Kokusai Kogyo Shoyukenho no Kenkyu”(Research on International Industrial Property Rights Law) by Shoichi Kidana, Nippon Hyoron Sha

research topics in intellectual property law

When I was a graduate student, I decided to specialize in intellectual property rights while researching private international law. However, I felt suffocated by the monotony of the principle of territorial jurisdiction. That was when I came across this book. It became the basis of my thinking and paved the way for me.

Yasuto Komada

  • Professor Department of International Legal Studies Faculty of Law

Graduated from the School of Social Sciences, Waseda University, and received his Ph.D. in Law after completing the postgraduate program in Law at the Graduate School of Social Sciences, University of Tsukuba. Took on several positions—such as research associate at The University of Tokyo’s Institute of Socio-information and Communication Studies, lecturer at Gunma University’s Faculty of Social and Information Studies, and associate professor at Sophia University’s Faculty of Law—before assuming his current position in 2013.

Interviewed: August 2023

  • # The Knot- Nexus of Knowledge by Sophia Professors

The Knot- Nexus of Knowledge by Sophia Professors

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  1. Research Handbook on Empirical Studies in Intellectual Property Law

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  2. Research Handbook on Intellectual Property and Competition Law

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  3. 21 Property Law Topics You Can Choose to Write Your Dissertation

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  4. Overview of Intellectual Property Laws

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  5. Understanding Intellectual Property Law

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  6. Intellectual Property Law

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VIDEO

  1. Law P10 M-01. Introduction to intellectual property: a conceptual primer

  2. Intellectual Property Law| difference between copyright and patent|#youtubeshort

  3. Follow to learn intellectual property law. 😎 #educational #professor #law #intellectualpropertylaw

  4. L 06: IP, WIPO & Related Treaties by Saurabh Kr. Pandey (Aarohan Batch Course)

  5. EU launches new intellectual property survey

  6. Intellectual Property Week 6 Quiz Assignment Solution

COMMENTS

  1. Intellectual Property Law Research Paper Topics

    100 Intellectual Property Law Research Paper Topics. Intellectual property law is a dynamic and multifaceted field that intersects with various sectors, including technology, arts, business, and innovation. Research papers in this domain allow students to explore the intricate legal framework that governs the creation, protection, and ...

  2. Intellectual Property Law Dissertation Topic Examples

    Intellectual Property Law Dissertation Topic Examples. 3rd Oct 2019 Law Dissertation Topic Reference this In-house law team. Intellectual property law, sometimes known as IP Law, governs the ownership and accessibility of ideas and inventions. There are many different ways to protect these ideas and inventions, including Designs, Patents ...

  3. Intellectual Property Law Dissertation Topics

    Intellectual Property Law Dissertation Topics. Published by Ellie Cross at December 29th, 2022 , Revised On August 15, 2023. A dissertation or a thesis in the study area of intellectual property rights can be a tough nut to crack for students. Masters and PhD students of intellectual property rights often struggle to come up with a relevant and ...

  4. Intellectual Property Articles, Research, & Case Studies

    by Ian Appel, Joan Farre-Mensa, and Elena Simintzi. Patent trolls are organizations that own patents but do not make or use the patented technology directly, instead using their patent portfolios to target firms with patent-infringement claims. This paper provides evidence that state anti-troll laws have had a net positive effect for small ...

  5. Journal of Intellectual Property Law & Practice

    The Journal of Intellectual Property Law & Practice publishes a full range of IP topics and practice-related, offering the opportunity to maximise the impact of your research with a global audience, Open Access publishing and more. Find out more about the benefits of publishing with our journal.

  6. Research Guides: Intellectual Property Basics: Welcome

    Practice Centers are landing pages that connect you with curated materials on a legal topic. The following practice centers provide strong starting places for intellectual property research. On these pages you can find cases, statutes and regulations, secondary sources, news and current awareness updates for practitioners.

  7. 21904 PDFs

    Explore the latest full-text research PDFs, articles, conference papers, preprints and more on INTELLECTUAL PROPERTY LAW. Find methods information, sources, references or conduct a literature ...

  8. Volume 17 Issue 1

    Publishes research on the full range of substantive IP topics, practice-related matters such as litigation, enforcement, drafting and transactions, plus relevant aspects of related subjects such as competition and world trade law.

  9. Comparative Legal Analysis and Intellectual Property Law: A Guide for

    This chapter addresses the intersection between comparative law and intellectual property (IP) law and the role of comparative legal analysis as a research methodology for IP scholars. Due to the high level of international harmonization of IP laws, comparative legal analysis has traditionally played a prominent role for IP scholars.

  10. Intellectual Property Law: A Brief Introduction

    intellectual creation, has a different procedure for obtaining rights, and grants the IP owner rights that vary in scope and duration. As a result, each of these different areas of law is best considered separately. This product provides a brief overview of each form of federal IP protection. Patent Law

  11. 80 Intellectual Property Law Research Topics

    Intellectual Property Law is a rich and dynamic area of study that offers a multitude of intriguing research topics to explore. Whether you're passionate about patents, copyrights, trademarks, or trade secrets, this blog post is your roadmap to uncovering fascinating research topics that will captivate your interest and significantly ...

  12. Intellectual Property

    Intellectual Property and the Brain by Mark Bartholomew Although legal scholars have begun to explore the implications of neuroscientific research for criminal law, the field has yet to assess the potential of such research for intellectual property law - a legal regime governing over one-third of the US economy. Intellectual Property and the Brain addresses this gap by showing how tools meant ...

  13. Intellectual Property Research Guide: Getting Started

    This guide covers resources for researching Intellectual Property Law. Topics include patent, trademark, copyright, trade secret, right of publicity, and related areas of law. Access to some of the electronic resources is limited to users who have a valid Loyola ID and password; access to other resources is restricted to the law school ...

  14. Intellectual Property Law Research Guide

    This research guide covers the main resources for U.S. federal intellectual property law. It includes individual tabs dedicated to the three primary areas of intellectual property law: copyright, trademarks, and patents. For a guide to international intellectual property law research, see Jonathan Franklin's International Intellectual Property Law.

  15. Intellectual Property Research: Getting Started

    AIPLA = American Intellectual Property Law Association TRIPs = Agreement on Trade-Related Aspects of Intellectual Property Rights Patent - A negative right granted to an inventor, excluding others from making, selling, using and importing an invention for a period of time in exchange for publicly disclosing the invention."

  16. Intellectual Property Law Topics

    Intellectual Property Law Topics. Intellectual Property Law Center. Patent Law. Applying for a Patent to Protect Your Legal Rights. Patentability Legal Requirements. Non-Obviousness Requirement for Patents. Utility Requirement for Patents. Prior Art Leading to Denials of Patent Applications Under Federal Law.

  17. Paper Topics/Current Awareness

    Loyola Patent Interview Program (PLIP) Topics. Writing samples for the Loyola Patent Law Interview Program (PLIP): 3-5 pages. Something practical and useful for attorney knowledge, or that could be sent to a client. Use something you wrote for an employer during summer clerkship or externship, if possible. Any IP topic will work, not just patents.

  18. Hot Topics In Intellectual Property

    Learn intellectual property fundamentals by reading up on the key, hot topics being debated today. ... Contact; Select Page. Hot Topics in Intellectual Property Learn IP fundamentals and the key issues being debated today. Biometrics as Intellectual Property in an AI-Driven World ... Esq., Lecturer, Santa Clara School of Law Ten years ago ...

  19. General Resources

    Web Sites for Intellectual Property Research. There are a variety of free websites that may be important for your intellectual property legal research. These websites are from government, academic, and organizational sources. Intellectual Property

  20. Help and Support: Topic Research Guides: Intellectual Property

    Topic Research Guides: Intellectual Property. Research Resources and Guides For Law Topics. Law Home This link opens in a new window; Legislation; Case Law; Tertiary & Secondary; ... Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) Patents Act 1990 (Cth) Trade Marks Act 1995 (Cth) Cases and Commentary.

  21. Dissertations / Theses: 'Intellectual property law'

    Video (online) Consult the top 50 dissertations / theses for your research on the topic 'Intellectual property law.'. Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA ...

  22. Intellectual Property and International Law: A Research Framework

    This chapter offers some thoughts on legal research that concerns or applies 'international law' concepts, perspectives, and methodologies to intellectual property (IP). The idea is to discuss how research questions related to IP can be framed from the standpoint of international law.

  23. Innovative intellectual property strategies key topic at 2024 ABA-IPL

    The ABA Section of Intellectual Property Law (ABA-IPL) provides the highest quality information, analysis and practice tools for intellectual property lawyers. ABA-IPL serves as the thoughtful source of information and commentary for policy makers as they consider legislation affecting the law and regulations in intellectual property matters.

  24. Top 100 Law Project Topics [Updated 2024]

    Explore top 100 law project topics from criminal law to intellectual property, sparking curiosity and intellectual growth. ... First, pick a topic you like and do some research. Then, organize what you find and explain it in a clear way. Finally, share your ideas in a way that makes sense and convinces others. Here's a step-by-step guide on ...

  25. 105 In Depth Property Law Topics: Law Research Paper Help

    Research Topics in Intellectual Property Law. Part of the law that refers to offering exclusive rights for certain creative activities protects an individual is intellectual property law. In other words, without the owner's permission, a work can neither be used, copied, or rewritten/redone. As students, you may need to clarify this with ...

  26. Transforming Challenges Into Opportunities: My Journey Into

    She connected me with her former law school friend who practices IP litigation. Through this connection, I learned about how IP attorneys help protect intellectual property by advocating for IP owners in lawsuits. Our conversation also highlighted the need for attorneys with scientific backgrounds who understood both science and the law.

  27. The extent of Japan's intellectual property rights online and in

    The extent of Japan's intellectual property rights online and in virtual spaces. Intellectual property refers to intellectual works, trademarks, and such created by people. Professor Yasuto Komada from the Faculty of Law explains how we can protect intellectual property in a society that is changing rapidly due to globalization and ...

  28. Fiocruz-Pasteur course on bioproduction, intellectual property and

    Fiocruz hosted, from April 8th to 12th, the Fiocruz-Pasteur Network International Course on bioproduction, intellectual property and technology transfer. In the auditorium of the Rocha Lima Pavilion, on the Manguinhos Campus in Rio de Janeiro, 11 foreign students and 7 students from different units of the Foundation discussed topics such as research, development, production,