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

Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world.

By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective.

From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.

Hayleigh Bosher, Senior Lecturer and Associate Dean, Brunel University London,Eleonora Rosati, Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM), Stockholm University

Hayleigh Bosher is a Senior Lecturer in Intellectual Property Law and Associate Dean (Professional Development and Graduate Outcomes) at Brunel University London, as well as, Visiting Research Fellow at the Centre for Intellectual Property, Policy and Management, writer and Book Review Editor for the specialist IP blog IPKat, founder of the World IP Women (WIPW) network, and a legal consultant in the creative industries. Hayleigh's research focuses on copyright law and the creative industries and in particular she has attained an international reputation for her work on copyright in the music industry.


Eleonora Rosati is Full Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University. An IPKat contributor since 2012, Eleonora is Of Counsel at Bird & Bird and holds visiting/guest professorships at Universidade Católica Portuguesa, EDEHC Business School, and CEIPI-Université de Strasbourg. An Editor of the Journal of Intellectual Property Law & Practice, Eleonora is the author of several academic publications on IP issues and regularly collaborates with EU institutions and agencies, as well as professional, IP-focused organizations.

Foreword: 20 years of the IPKat, Jeremy Phillips
Editors' note, Eleonora Rosati and Hayleigh Bosher
Part 1 - Developments in IP law, policy, and practice: Katfriends' views
1. Twenty years of IPKat, Robin Jacob
2. IP in the English court system, Richard Arnold
3. The IP profession over the last twenty years, Trevor Cook
4. 20 years of change in IP strategy and litigation, David Stone
5. IP and evidence - A 20-year journey to the mainstream, David Humphries
6. Intellectual property teaching and research: How has the academy changed in the past two decades?, Irene Calboli
7. Twenty years of U.S. digital copyright: Adapting from analog, Jane C. Ginsburg
8. A view from the U.S. Copyright Office: Serving the public, Congress, the courts, and more from 2001 to 2021, Maria Strong
9. 20 years after - The state of EU copyright law, Maria Martin-Prat
10. 20 years in design law - What has changed?, Annette Kur
11. How image rights have changed over the past 20 years, Frederick Mostert and Sheyna Cruz
12. Lessons from the TRIPS waiver debate, Daniel Gervais
Part 2 - Developments in copyright and image/publicity rights
13. Copyright at the CJEU: Back to the start (of copyright protection), Eleonora Rosati
14. The copyright protection of makeup, Riana Harvey
15. Sixty years of international performers' rights: Time for a performers' copyright?, Mathilde Pavis
16. Fair use or fair dealing in Africa: The South African experience, Chijioke I. Okorie
17. Music copyright infringement cases in the US and UK: Building a house upon the sand or the rock?, Hayleigh Bosher
18. Automatic Content Recognition (ACR) technologies: A copyright management tool for content-sharing platforms, Giorgio Luceri
19. One does not simply upload a meme - Internet memes and the parody exemption in Europe, Peter Ling
20. From CD-copying vending machines to cloud-based TV recorders - 20 years of private copying in Germany, Mirko Brüß
21. New York right of publicity protects starlets and now ghouls, Marie-Andrée Weiss
22. Post-mortem rights of publicity - A comparison of New York and California, Emma Perot
Part 3 - Developments in the law of trade marks and geographical indications
23. Retromark: The last 20 years of trade marks, Darren Meale
24. Psychology, prototypicality, and basic shapes: The 'shape resulting from the nature of the goods' exclusion under EU trade mark law, Ilanah Fhima
25. 3D trade marks: Distinctiveness and scope of protection, Valentina Torelli
26. Context of use in colour marks, Jan Jacobi
27. Revaluing periods of concurrent use in likelihood of confusion analyses, Lucas S. Michels
28. Sprechen Sie Cambozola? On the lessons from the early years of “evocation”, Anastasiia Kyrylenko
29. Of treats and treaties: The forgotten chapter of European Geographical Indications law, Léon Dijkman
Part 4 - Developments in the law of patents and trade secrets
30. Patentability of software in Europe, David Pearce
31. Standard essential patents and FRAND licensing: The evolution of the European approach, Stefano Barazza
32. Trolls, sharks, and privateers: 20 years of patent assertion entities, Bertrand Sautier
33. The doctrine of equivalents in the UK following Actavis v Lilly , Darren Smyth and Azadeh Vahdat
34. Rewriting European patent law by the back-door: On patents, politics, and peppers, Rose Hughes
35. 20 years of SPC case law: A long way to go in the quest for clarity, Frantzeska Papadopoulou
36. Cybersecurity standards and trade secrecy in the United States, Michael S. Mireles
Part 5 - Developments in IP policy, practice, and literature
37. Intellectual property and sustainability, Laetitia Lagarde
38. A new Industrial Property Law in Mexico, Verónica Rodríguez Arguijo
39. Punitive damages for intellectual property rights infringement in China, Tian Lu
40. Jane Austen's Mansfield Park and the treatment of intellectual property, Neil Wilkof
41. The open source licensing phenomenon: Pledge, transformation, and lessons learnt, Ieva Giedrimaite
42. Unjustified threats in the online space, Eleanor Wilson
43. The changing impact of IP on individuals and small businesses and the importance of pro bono services, Stephen Jones and Hayleigh Bosher