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Jessica C Lai

This article analyses and compares the two main approaches that deal with the relationship between patent exclusive rights and the artefacts embodying patented inventions (usually chattel). Namely, it examines the implied licence approach and the exhaustion approach, at the national and international level, and extrapolates the scope of patent exclusive rights under these two models. The article uses the international dimension to highlight that having two approaches complicates international trade and that this is exacerbated by the nature of the exclusive rights themselves. Highlighting the fact that several exclusive rights only exist upon embodiment, do not marry up to the invention as claimed, and are – for all intents and purposes – served by rights in choses in possession, the article argues that several patent exclusive rights have no practical purpose. The article suggests a simplified approach to patent exclusive rights and thereby the relationship between patented inventions and their physical embodiments.

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Edited by Johanna Gibson

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Edited by Carlo S. Lavizzari and René Viljoen

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Edited by Carlo S. Lavizzari and René Viljoen

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Edited by Carlo S. Lavizzari and René Viljoen

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Edited by Carlo S. Lavizzari and René Viljoen

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Edited by Carlo S. Lavizzari and René Viljoen

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Sebastian Schwiddessen and Philipp Karius

So called loot boxes are one of the most important monetization methods for many companies in the video gaming, social gaming and social casino gaming industry. After the global skin betting scandal in 2016 and the 2017 loot-box uproar, loot boxes are now under investigation or even subject to legislative measures in several jurisdictions. Since then, numerous regulatory authorities, politicians and other stake holders have issued statements on the matter. From a legal perspective, loot boxes can touch gambling, youth protection, consumer and even financial laws. Characteristic of the 2017 loot-box debate was a black or white view and people taking extreme positions. In particular, gamers and people not familiar with the subject tend to condemn loot boxes as gambling. However, taking a closer look at selected key jurisdictions shows that the application of gambling laws depends on the jurisdiction and on the exact set up of the loot box mechanism. Furthermore, some questions are not conclusively solved yet – not even in those jurisdictions which are regarded as loot-box safe havens. One of these questions is, for instance, the impact of secondary-market trading of loot-box-generated items. This article evaluates the legal situation of loot boxes from a gambling law perspective in selected jurisdictions.

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Deborah Whitehall

Hannah Arendt was a German-Jewish witness of the grand infamies of the twentieth-century, a classicist, a political theorist, a social commentator and a cartographer of time. In that last capacity, she presents the international lawyer with a set of concepts to gauge the meaning of international legal time, its relationship to international history, and the part of international law in triggering new historical cycles. Three concepts developed by her stand out for how an international lawyer might reconceive the part of international law in international history and importantly, against catastrophic world tragedies that ask for innovative regulatory response, its redesign. The concepts of a time-gap, time-sequence and historical-cycle and repetition of revolution present possible coordinates for drawing different time-maps for international law. The question raised here follows Arendt to ask: what might a time-map for international law look like if international lawyers notice the gaps, rhythm and sequences that set and reset their part in international historical time? Starting at Potsdam, in 1945, settles the question of a time-map on a series of lines and boundaries that restarted time then under the auspice of international agreement.

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Yolanda M. King

In the past several years, a number of tattoo artists and one of their exclusive licensees have filed lawsuits against a variety of businesses for copyright infringement of their tattoos. However, none of these lawsuits have gone to trial. This case review examines a pending tattoo copyright lawsuit filed against a video game maker in 2016, Solid Oak Sketches, LLC v. 2K Games et al, and mentions another more recently filed lawsuit against the same video game maker, Hayden v. 2K Games, Inc. et al.