Patents as Property for the Takings
Robin Feldman * Download a PDF version of this article here. The Fifth Amendment’s Compensation Clause contains only a few simple words: “nor shall private property be taken for public…
Rethinking the 2006 Agreement on Wine Trade: Protection of Producers and Consumers Through Greater Recognition of Geographical Indications in the U.S.
Alexandre Arnaud * Download a PDF version of this article here. The wine industry is at the heart of the European agricultural sector and finds its main commercial outlet in…
JIPEL Vol. 12 – No. 2
Our Spring 2023 Issue—Volume 12, Issue 2—focuses on novel landscapes in intellectual property law. First, Professor Robin Feldman challenges the limits of the Fifth Amendment’s Compensation Clause in the context…
Preventing Preemption: Promise of the Nonobviousness Requirement
Ananya Pillutla* Download a PDF version of this article here. Preemption is a foundational concern of the patent system. Preemption occurs when a patent improperly claims a fundamental scientific or…
Non-Fungible Tokens and Failed Promises
Anastasiia Chuvaieva* Download a PDF version of this article here. This paper analyzes controversies surrounding Non-Fungible Tokens (NFTs) and tries to answer the question of how NFTs can revolutionize virtual…
When You Make Up Markets, Everything Is a Monopoly
Competition in the $200 billion global video game industry is fierce and only getting fiercer. The video game market includes two submarkets, one which creates video game platforms and another…
The Importance of Legal Recognition of Mitragynine for its Effective Regulation
The far-reaching limitations on the voice of scientists, in sharp contrast to their compelling expertise, have become increasingly troublesome in the legal realm. One example that has been at the…
The Power of Exclusion: Madison Square Garden Uses Facial Recognition Technology to Ban the Owner’s Enemies
In some jobs having a Juris Doctor degree is considered an advantage; however, attending a game at Madison Square Garden with a law degree may not be so advantageous. This…
Unpacking the Metabirkins Case: Reaffirming the Application of Rogers v. Grimaldi
On February 8th, 2023, the jury in Hermès Int’l v. Rothschild, No. 1:22-cv-00384-JSR (S.D.N.Y Jan. 14, 2022) decided that Mason Rothschild’s artistic depiction of Hermès bags in the form of…
State Film Tax Incentives Draw Production to Pro-Life Jurisdictions
In the wake of the Dobbs decision, prominent organizations in the entertainment industry were quick to vocalize their criticisms of the Court’s decision. The major Hollywood unions and production companies…