Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of...

The intangible cultural heritage (ICH) of the world’s communities is an inheritance that has been passed down through many generations. Its survival, however, is increasingly threatened by the realities of post-modern society, such as rapid urbanisation, large-scale migration, severe...

Right now in the art world, claims by theft victims (or their heirs) abound. High-profile examples include claims to art stolen from or sold under duress by Jews persecuted by the Third Reich, which currently are pending in nine federal courts, and the Peruvian government’s claim against Yale...

For many producers and consumers, geographical indications (GIs) are more than mere economic tools as in many cases they also represent the historical and social identity of particular communities located in a particular territory. However, other interested producers and consumers, because of...

TRIPs Agreement introduced intellectual property rights (IPRs) into the multilateral trading system for the first time during the Uruguay Round of world trade negotiations. However, TRIPs is at crossroad, pushed by one force from developed countries calling for higher standard of IPRs and the...

The South African Intellectual Property Rights from Publicly Funded Research and Development Act 51 of 2008 promotes patenting and commercialisation of state-funded university science. The Act is similar in scope and objective to the American Bayh-Dole Act. This paper explores some of the...

The patent law regimes of the United States and Europe are ambiguous regarding whether or not the subject matter of patents ought to be restricted to that of technology. This ambiguity is exacerbated by the difficulties faced by lawmakers in defining technology; and it confounds contemporary...

Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received...

This Essay examines the possible effect the Supreme Court's landmark Second Amendment ruling in Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court...