Journal of Business & Intellectual Property Law

The JBIPL Blog offers a forum for our Editors and Staff to expand our coverage of developments in both business and IP law. The Blog will provide short entries analyzing current cases, trends and issues in business and IP law. The Blog has won the The Expert Institute's 2015 and 2016 Best Legal Blog Contest for Education and Law School Blogs.

Latest from Journal of Business & Intellectual Property Law

By: Haodi Dong   On July 16, Europe’s highest court, the Court of Justice of the European Union (“CJEU”), released a landmark decision in Schrems II, complicating the process of transferring personal data from the EU to the US. CJEU struck down the EU-US Privacy Shield, an agreement reached between the EU, Switzerland, and the US in 2016. Purpose of the Privacy Shield Because the EU has a higher standard for data privacy…
By: Jaren Butts Facial recognition technologies use algorithms derived from copyrighted sources that create a “faceprint” to identify or verify an individual’s identity. The use of facial recognition has become increasingly prevalent, such as on Facebook to “tag” friends, at airports for easy check-in, and on cell phones for authentication purposes. Until recently, facial recognition was also commonly used by law enforcement for general surveillance and to identify wanted or suspected persons. On…
By: John Stevelinck, Jr.  Earlier this summer, California took a tremendous step toward cleaner air when the California Air Resources Board (“CARB”) passed the Advanced Clean Truck regulation (“ACT”). The purpose of ACT is to further California’s goal of improving air quality and reducing harmful emissions produced by heavy-duty diesel engines. ACT sets a staggered, percentage-based quota for encouraging commercial trucking businesses to develop zero-emission fleets by the year 2045. The required percentages of zero-emission…
By: Ashley Willard Purchasing your next furry family member from a pet store may soon become a relic of the past. In October 2017, California became the first state to ban the retail sale of dogs, cats, and rabbits, unless they originated from an animal shelter or rescue group. The measure is intended to encourage adoption and to deal a blow to puppy mills, which are notorious for mistreating the animals they breed. However, opponents…
By: Gabe Marx   The sports world has gone head-to-head with the NCAA for over a decade, arguing that college athletes should be allowed to benefit fully for their on-field success in the form of compensation for their name, image, and likeness (“NIL”). Despite consistent pushback, both legal and societal, the battle for NIL compensation has been slow developing as the NCAA’s amateurism rules have long prevented athletes from receiving such compensation. In the past…
By: Jezenya Renteria   Many activities once done solely in-person have gone online. Brick-and-mortar stores gave way to e-commerce, and social media gave people a sense of connection without meeting in person. With the progression of technology and artificial intelligence, it seemed inevitable that the healthcare industry would be the next to follow suit. Promulgated by COVID-19, telemedicine has emerged as a necessary alternative to face-to-face consultations. The question frequently posed, however, is whether it…
By: James Hughes     As COVID-19 infections have spiked over the past few months, we have greater reason to focus on accurate, fast, and widespread COVID-19 testing. As of July 30th, the CDC has reported over 52 million tests with a positivity rate of 10%. However, in recent weeks, heightened demand for testing has caused increases in waiting times. On July 27th, Quest Diagnostics reported that the average wait time for non-priority tests has…
By: Jordan Peterson   At the outset of COVID-19, the entertainment industry came to a screeching halt. New York and California’s governments mandated that live theaters and production studios close and placed them late in their reopening plans—phase 4 in New York and stage 4 in California. Recently, entertainment unions have led efforts to safely open Broadway and recommence filming. But while Broadway remains closed until January 2021, and Hollywood takes its first 
By: Arya Koneru Hong Kong Skyline   Hong Kong offers several international trade benefits that elevated the city to a prosperous financial and commercial hub. Over 1,300 American companies operate in Hong Kong, with more than 800 having a central office in the city. Companies are attracted to Hong Kong for a multitude of reasons, all stemming from its semiautonomous system of governance. When the British relinquished their claim over Hong Kong to China in…
By: Alyssa Valdes 3D print of a SARS-CoV-2 virus particle   In the midst of the COVID-19 pandemic, medical equipment and other essentials have run out of supply, paving the way for 3D printing to alleviate these supply shortages. The increased need for certain products, such as masks, face shields, and ventilator valves, has led to a gap in supply and demand. Owners of 3D printing technology have stepped in to produce more of these…