More on IP and Innovation
Ofer Tur-Sinai & Michal Shur-Ofry, A.Sh.I.R. Celebrates 20: An Empirical Study 51 Mishpatim —The Hebrew University Law Review (forthcoming 2020, available at SSRN)
In 1998, in the landmark case of A.Sh.I.R., the Israeli Supreme Court ruled that the law of unjust enrichment applies alongside intellectual property law. Yet, what are the chances of succeeding in an unjust enrichment claim absent a specific intellectual property right? What kinds of cases may trigger a successful unjust enrichment claim? We conduct a qualitative and quantitative examination of twenty years of Israeli courts decisions rendered since A.Sh.I.R., to explore the actual effect of the decision “on the ground”. (Hebrew)
Michal Shur-Ofry, On Interactions, Multiplicity, and Balance—A Comment on Abraham Drassinower’s “What’s Wrong with Copying?” 29 Intellectual Property Journal (Osgoode Law School) 133 (2016)
As lawyers we often aspire to draft the perfect, most detailed, contract. Using insights from complexity theory, alongside traditional economic analysis, we challenge this intuition and identify circumstances in which a certain degree of ambiguity in contract drafting may be desirable. We use IP licenses as our case study, and our paper includes a close look at various IP agreements.
Can an entire legal branch can benefit from analysis through the lens of complexity theory? I discuss the potential implications of complexity theory for various IP doctrines, from patent’s non-obviousness, through trademark dilution, to the right of publicity. I also show how the lens of complexity sheds new light on the traditional theories underlying intellectual property law.
What can complexity theory teach us about cultural concentration and cultural diversity, and what are the surprising and counterintuitive implications for copyright law?
What if we use the Hatch-Waxman Act as an inspiration for copyright law, and provide users with an incentive to challenge copyright over-expansion?
Using insights from complexity and network economy this paper explores the role of databases’ structures as means of complexity reduction and interaction. I then use this perspective to critically examine the protection afforded to elements of databases under copyright law.
Michal Shur-Ofry, Software Protection, in Michael Birnhack & Guy Pessach eds., Creating Rights— Readings of the Copyright Act,491 (2009) (in Hebrew), available at Nevo.
Success is a network phenomenon. How should this understanding, and additional insights from network science, affect the way we treat iconic works and technological standards under copyright law?
I use genre theory, semiotics, and network science to highlight the role of cultural genres and television formats as means of communication and interaction, and show how this perspective can shed light on various copyright doctrines.