Advance online publications

The following items, which are now available to JIPLP's online subscribers, will be published in print over the next few weeks.

August 29, 2013

August 26, 2013

Wesley Hill's article looks at, among other things, the impact of the robots.txt exclusion protocol and the doctrine of implied licence. David Evans' and Jason Romer's note explains the ambit of the curious Image Rights (Bailiwick of Guernsey) Ordinance 2012. Ronny Hauck looks at a Unified Patent Court topic that has escaped the attention of most people, but which is of great importance in practice: the protection of confidential information during and beyond the transitional period leading to the operation of Europe's new patent litigation forum.

Forthcoming event: save the date!

The third joint event conducted by JIPLP and its German friends at GRUR Int will be held in London, on Thursday 23 January 2014.  The topic under discussion will be a comparison of the functional utility of the common law of passing off with that of the German statutory delict of unfair competition.

Venue, speakers, panellists and other details will be announced soon.  Meanwhile, JIPLP can confirm that the event will run from 3.00 pm to 6.00 pm, followed by a pleasant reception.  CPD points will be available too.

Want to review a weblog or Twitter account?

Part of JIPLP's aim was to provide reviews not merely for books, in the conventional manner, but also for other media in which ideas and information concerning intellectual property law and practice are promulgated.  This might take the form of, for example, films, weblogs, Twitter feeds and so on.  After all, it is now beyond doubt that alternative and social media attract far wider attention and much more devoted readership than do the traditional, paper-based products on which most of us depended for our legal education and our introduction to principles of IP law.

In its earliest days JIPLP did indeed carry reviews of alternative and social media, but it is a while since we have commissioned such reviews.  But the time has come to look afresh at the available materials and to commission our readers to produce some fresh impressions of them.

Accordingly, JIPLP seeks reviews of the following:
* The TTABlog (well-respected US trade mark weblog, last reviewed in our December 2006 issue) 
* The EPLAW Patent Blog (a multi-authored European-based patent blog which has not previously been reviewed) 
* Excess Copyright (a highly active and sometimes outspoken weblog with archives reaching back to 2006) 
* IP Kenya (Victor B. Nzomo's often challenging blog, which was launched at the beginning of 2011)
JIPLP is also interested in receiving reviews of these Twitter accounts:
* @WIPO (the Twitter account of the World Intellectual Property Organization, which now has over 10,300 followers) 
* @USPTO ("Leading the Nation and the World ...": over 13,000 followers) 
* @European Patent Office (official account of the Munich-based institution, with over 8,400 followers)
If these reviews work out well, we'll be looking for more.

If you would like to review one of the above, please email Sarah Harris at by not later than close of play on Friday 23 August. As usual, if we don't already know you and you haven't written or reviewed anything for us before, do send us a biographical note or explain why you feel that you are well qualified to write the review for us.

A summer message

Home, sweet home for JIPLP
At this week's JIPLP team meeting in Oxford, I was delighted to discover that the journal is maintaining its upward movement in market conditions which continue to vex most publishers, and indeed most journals. So far this year JIPLP has seen a more than gratifying 6% increase in its institutional subscriber base; production targets continue to be met; reader and contributor satisfaction levels run high and the pipeline continues to flow with high-quality articles and current intelligence notes.  

But JIPLP is meant to be more than just a journal.  Parallel to its formal website, leading to its archives and information for contributors, subscribers and readers, the jiplp weblog reaches out to a large and growing segment of the IP community, with over 800 subscribers and nearly half a million page views to date. To this we have added a Twitter account, which now has over 340 followers. Through this we have publicised articles and blogposts, sought authors on specialised topics and -- perhaps most entertainingly for those who are not authors -- pinpointed egregious errors and bad writing style in the pieces submitted to us.

The JIPLP community continues to seek new ways of making friends, reaching readers and sharing ideas.  Earlier this year we held two highly successful joint events with our German partners at GRUR Int and, for January 2014, we are plotting a London seminar in which we contrast the common law of passing off with the civil law concept of unfair competition, to examine how each works in practice and see what each body of law can learn from the other.  Details will be circulated once available.

In the meantime, we thank our readers, authors and critics for their various contributions to our venture and hope that, your continued input and support, we will be able to bring a better understanding of IP law and practice to the community we serve.

More books for review

JIPLP's latest batch of books for review is listed below. If you're interested in reviewing any of them, please email Sarah Harris at by close of play on Thursday 15 August and let her know. As usual, if you are not already known to the JIPLP team, can you please append a CV or give us some brief biographical details so that we can see why your opinion of the book you wish to review might be of particular relevance to our readers.

A quick reminder: while book reviewers are permitted to keep each book once it has been reviewed, if for any reason you are unable to review it within a relatively short time we will be asking you to return it at your own expense so that we can give it to another reviewer.

This batch of books on offer is as follows:

Law, Human Agency and Autonomic Computing: The Philosophy of Law Meets the Philosophy of Technology.
Editors: Mireille Hildebrandt and Antoinette Rouvroy.
Publisher: Routledge (a GlassHouse Book)
"Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence – self-governing systems – challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic – yet artificial – systems shrinking the distance between (acting) subjects and (acted upon) objects? How ‘distinctively human’ will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, ‘human’ anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law".
Further details can be obtained from the book's web page here.


Cyberspace Law Censorship and Regulation of the Internet
Editor: Hannibal Travis.
Publisher: Routledge
"This book explores what the American Civil Liberties Union calls the "third era" in cyberspace, in which filters "fundamentally alter the architectural structure of the Internet, with significant implications for free speech." Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multi-national corporations compete to produce tools and strategies for making it  more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works.  
Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users’ infringing words and actions, potentially circumventing free speech rights. And as social networking and content-sharing sites have proliferated, so have the terms of service and content-detecting tools for detecting, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others".
Further details of this book may be obtained from its web page here.


The Art Collecting Legal Handbook,
Editors: Bruno Boesch and Massimo Sterpi
Publishers: Sweet & Maxwell
"Collecting, preserving and promoting cultural goods, whether fine art, archaeological objects or decorative arts, is now global. Oddly, rules and practices have remained very local, save for ICOM’s efforts at the institutional level and UNESCO’s endeavours to help preserve national cultural heritage and combat illicit trafficking.

This book is designed to help the collector and their advisers navigate the maze on an international level. Each chapter of The Art Collecting Manual addresses a number of issues from the perspective of a different jurisdiction to help collectors making errors that could be potenitally illegal. The format of the chapters follow a question and answer style thus enabling readers to make quick and accurate comparisons in multiple jurisdictions covering property law, insurance, customs, tax, inheritance, intellectual property and more".
Further information concerning this book can be obtained from its web page here.


Pharmaceutical Innovation, Competition And Patent Law: a Trilateral Perspective
Editors: Josef Drexl and Nari Lee
Publisher: Edward Elgar
"Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals.

Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care".
Further details of this book may be obtained from its web page here.


Copyright and Mass Digitization
Authors: Maurizio Borghi and Stavroula Karapapa
Publisher: Oxford University Press
"Mass digitization of texts, images, and other creative works promises to unprecedentedly enhance access to culture and knowledge. With the electronic 'library of Alexandria' having started to materialize, a number of legal and policy issues have emerged. The book develops an extended conceptual account of the ways in which mass digital projects challenge the established copyright norms through the wholesale copying of works, their storage in cloud environments, and their automated processing for purposes of data analytics and text mining. As individual licensing is not compatible with the mass scale of these activities, alternative approaches have gained momentum as effect of judicial interpretation, legislative initiative and private-ordering solutions.".
Further details of this book may be obtained from its web page here

September JIPLP now online

Here's the full list of contents for JIPLP's September 2013 issue:

Guest Editorial

Current Intelligence


From GRUR Int.

IP in Review

This issue is available to all online subscribers; the print version should be with its subscribers within a couple of weeks.

Non-subscribers are reminded that they can purchase limited-time access to every piece published in JIPLP without needing to take out a subscription.

Neil Wilkof's guest editorial is available free, here.