The Latest from UIC RIPL: Issue 4 of Vol. 19 has been Published!
The UIC Review of Intellectual Property Law is proud to announce the publication of Issue 4 of Volume 19! The issue features one scholarly article co-authored by Dr. Joseph Lee and Vere Marie Khan of the University of Exeter School of Law in the United Kingdom. The issue also features four comments from RIPL Editorial Board Members Christian Karpinski and Adam Baldwin and RIPL Staff Editors Bill Warners and Joe Nelson.
The featured scholarly article, Blockchain and Smart Contract for Peer-to-Peer Energy Trading Platform: Legal Obstacles and Regulatory Solutions, examines the legal risks and regulatory solutions surrounding peer-to-peer energy trading platforms that operate on blockchain networks. The article analyzes the legal uncertainties surrounding smart contracts and proposes potential solutions for those uncertainties. The article rounds out with an in-depth discussion of the potential policy implementations and regulatory framework that would need to be installed for a trusted peer-to-peer energy trading platform to exist.
The first featured comment, Music Sampling and the De Minimis Defense: A Copyright Law Standard, discusses both sides of the circuit split surrounding the application of the de minimis defense in copyright infringement cases involving music sampling. Author Adam Baldwin argues why the Ninth Circuit is correct in holding that it matters how much of a song an artist uses. Adam then explores how the judiciary, the legislature, or the music industry can address the legal uncertainty the circuit split is creating.
The second featured comment, Patent Owners Face Unknown Arguments as to Whether IPR Estoppel Attaches to Physical Products, examines the interpretational uncertainty surrounding the IPR estoppel provision of the AIA regarding whether estoppel attaches to physical products described in printed publications. Author Christian Karpinski discusses three approaches that federal district courts employ in addressing this issue. Christian argues that the “substantive difference” approach coming from the Central District of California is the most favorable.
The third featured comment, NCAA Down for the Count? New State Legislation Threatens Collegiate Sports as We Know It, tackles the issue surrounding student-athlete compensation. Author Joe Nelson provides a background of the antitrust, labor and employment, and state action litigation the NCAA endured regarding student-athlete compensation. Joe analyzes proposed resolutions from state and federal legislators and proposes which are the most feasible.
The final featured comment, Patents 254 Miles Up: Jurisdictional Issues Onboard the International Space Station, provides a bird’s eye view of the impending jurisdictional uncertainties that could arise when a private company commits patent infringement in outer space. Author Bill Warners explores how current international treaties address the issue and proposes why a comprehensive patent regime implemented into the International Space Station Intergovernmental Agreement is the best solution.
Andrew D. Butzen
The UIC Review of Intellectual Property Law