Justine Pila, University of Oxford

Member of the Faculty of Law | St Catherine's College | Institute of European and Comparative Law…

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Thanks for visiting. You’ve found my personal website, where I hope to maintain a near-complete list of my published writings with links to pre- and post-print versions where possible. Most of these relate to intellectual property law, which is my main area of research and teaching. However, I occasionally also write opinion pieces on matters other than IP and have included (or will include) references and links to some of these as well.

If you’re looking for the other J Pila at the University of Oxford, you’ll find him here. If you’re looking for my Faculty site, it’s here.

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Authored Books

 

 

(with PLC Torremans) European Intellectual Property Law 2nd edition

(Oxford: OUP, 2019) 712 pgs

(publisher's webpage)

 

 

 

The Subject Matter of Intellectual Property

(Oxford: OUP, 2017) 320 pgs

(publisher's webpage)

 

 

 

(with PLC Torremans) European Intellectual Property Law

(Oxford: OUP, 2016) 744 pgs

 

 

 

The Requirement for an Invention in Patent Law

(Oxford: OUP, 2010) 400 pgs

(publisher's webpage)

 

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Edited Books

 

 

(with RC Dreyfuss) The Oxford Handbook of Intellectual Property Law

(Oxford: OUP, 2018) 1024 pgs

(publisher's webpage)

 

 

 

(with A Ohly) The Europeanization of Intellectual Property Law

(Oxford: OUP, 2013) 318 pgs

(publisher's webpage)

 

 

 

(with P Davies) The Jurisprudence of Lord Hoffmann: A Festschrift in Honour of Lord Leonard Hoffmann

(Bloomsbury: Hart Publishing, 2015) 424 pgs

(publisher's webpage)

 

 

 

(with C Wadlow) The Unitary (EU) Patent System

(Bloomsbury: Hart Publishing, 2015) 278 pgs

(publisher's webpage)

 

 

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Articles & Book Chapters

 

Intellectual Property Law: An Anatomical Overview

RC Dreyfuss & J Pila (eds), The Oxford Handbook of Intellectual Property Law (OUP 2018) 3–24

(publisher's webpage)

 

Copyright and Related Rights: Outlining a Case for a European Morality / Public Policy Exclusion

PLC Torremans (ed), Copyright Law: A Handbook of Contemporary Research (Edward Elgar 2017) ch. 18

(publisher’s webpage) (ssrn preprint)

 

An Historical Perspective: The Unitary Patent Package

J Pila & C Wadlow (eds), Perspectives on the Unitary (EU) Patent System (Hart Publishing 2015) 9–31

(publisher’s webpage)

 

Lord Hoffmann and Purposive Interpretation in Intellectual Property Law

P Davies & J Pila (eds) The Jurisprudence of Lord Hoffmann (Hart Publishing 2015) 161–184

(publisher's webpage) (ssrn preprint)

 

Pluralism, Principles and Proportionality in Intellectual Property

(2014) 34 Oxford Journal of Legal Studies 181-200

(publisher's webpage) (ssrn preprint)

 

The European Patent: An Old and Vexing Problem

(2013) 62 International & Comparative Law Quarterly 917–940

(publisher's webpage) (ssrn preprint)

 

A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology

A Ohly & J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013) 227–253

(publisher's webpage)

 

Intellectual Property Law as a Case Study in European Harmonisation: Methodological Themes and Context

A Ohly & J Pila (eds), The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology (OUP 2013)

(publisher's webpage)

 

Patent Eligibility and Scope Revisited After Schütz v Werit

RC Dreyfuss & JC Ginsburg (eds), Intellectual Property at the Edge: The Contested Contours of IP (CUP 2014)

(publisher’s webpage) (preprint)

 

Professional and Academic Employee Inventions: Looking Beyond the UK Paradigm

M Pittard, A Monitti and J Duns (eds), Business Innovation: A Legal Balancing Act – Perspectives from Intellectual Property, Labour and Employment, Competition and Corporate Laws (EE 2013)

(publisher’s webpage) (ssrn preprint)

 

‘Sewing the Fly Buttons on the Statute’: Employee Inventions and the Employment Context

(2012) 32 Oxford Journal of Legal Studies 1–31

(publisher's webpage) (ssrn preprint)

 

Intellectual Property Rights and Detached Human Body Parts

(2012) Journal of Medical Ethics

(publisher's webpage)

 

Reflections on Method and Policy in the Crowded House of European Patent Law and their Implications for India

(2012) 24 National Law School of India Review, forthcoming

(ssrn preprint)

 

The Future of the Requirement for an Invention: Inherent Patentability as a Pre- and Post-Patent Determinant

G Ghidini & E Arezzo (eds), Biotechnology and Software Patent Law: A Comparative Review on New Developments (EE 2011) 55–90

(publisher's webpage) (ssrn preprint)

 

Software Patents, Separation of Powers, and Failed Syllogisms: A Cornucopia from the Enlarged Board of Appeal of the European Patent Office

(2011) 70(1) Cambridge Law Journal 203–228

(publisher's webpage) (ssrn preprint)

 

Copyright and its Categories of Expressive Works

(2010) 30(2) Oxford Journal of Legal Studies 229–254

(publisher's webpage) (ssrn preprint)

 

An Australian Copyright Revolution and its Relevance for UK Jurisprudence: IceTV in the light of Infopaq v Danske

(2010) 9 Oxford University Commonwealth Law Journal 77–95

(publisher's webpage) (ssrn preprint)

 

On the European Requirement for an Invention

(2010) 41 IIC: International Review of Intellectual Property & Competition Law 906–926

(publisher's webpage)

 

Works of Artistic Craftsmanship in the High Court of Australia: The Exception as Paradigm Copyright Work

(2009) 36 Federal Law Review 365–381

(publisher's webpage) (ssrn preprint)

 

Authorship and e-Science: Balancing Epistemological Trust and Skepticism in the Digital Environment

(2009) 23 Social Epistemology 1–24

(publisher's webpage) (ssrn preprint)

 

Article 53(b) EPC: A Challenge to the Novartis Theory of European Patent History

(2009) 72 Modern Law Review 436–462

(publisher's webpage) (ssrn preprint)

 

Chemical Products and Proportionate Patents Before and After Generics v Lundbeck

(2009) 20 Kings Law Journal 489–526

(publisher's webpage) (ssrn preprint)

 

Compilation Copyright: A matter calling for ‘a certain ... sobriety’

(2008) 19 Australian Intellectual Property Journal 231–266

(ssrn preprint)

 

An Intentional View of the Copyright Work

(2008) 71 Modern Law Review 535–558

(publisher's webpage) (ssrn preprint)

 

Article 52(2) of the Convention on the Grant of European Patents: What Did the Framers Intend? A Study of the Travaux Preparatoires

(2005) 36 IIC: International Review of Intellectual Property and Competition Law 755–787

(publisher's webpage)

 

Dispute Over the Meaning of ‘Invention’ in Article 52(2) EPC: The Patentability of computer-implemented Inventions in Europe

(2005) 36 International Review of Intellectual Property and Competition Law 173–191

(publisher's webpage)

 

Inherent Patentability in Anglo-Australian Law: A History

(2003) 14 Australian Intellectual Property Journal 109–166

(ssrn preprint)

 

Bound Futures: Patent Law and Modern Biotechnology

(2003) 9 Boston University Journal of Science and Technology Law 326–378

(publisher's webpage)

 

Methods of Medical Treatment Within Australian and United Kingdom Patents Law

(2001) 24 University of New South Wales Law Journal 421–462

(ssrn preprint)

 

The Common Law Invention in its Original Form

[2001] Intellectual Property Quarterly 209–243

(publisher's webpage) (ssrn preprint)

 

The Literary Work Within Copyright Law: An Analysis of its Present and Future Status

(1999) 13 Intellectual Property Journal 133–177

(publisher's webpage) (ssrn preprint)

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Selected Case Notes & Opinion Pieces

 

Dark Matters of the University

(2019) THE (Times Higher Education)

(publisher’s webpage)

 

How compartmentalising can be discouraged in our post-truth institutions [letter to the eds]

(2019) Financial Times

(publisher’s webpage)

 

Isolated Human Genes: The Patent Equivalent of a non-Copyrightable Sound Recording

(2014) Law Quarterly Review

(reprint) (ssrn preprint)

 

Copyright and Internet Browsing

(2012) 128 Law Quarterly Review 204–208

(reprint)

 

The Star Wars Copyright Claim: An Ambivalent View of the Empire

(2012) 128 Law Quarterly Review 15–19

(reprint)

 

EJRA: The Argument from IMP [Invidious Managerial Practices] [editorial]

Oxford Magazine 2

(reprint)

 

Academic Freedom and the Courts

(2010) 126 Law Quarterly Review 347–351

(reprint)

 

Patents for Genes and Methods of Analysis and Comparison

(2010) 126 Law Quarterly Review 534–538

(reprint)

 

The law is not “an ass” on academic boycotts [letter to the eds]

Oxford Magazine

(reprint)

 

Who Owns the Intellectual Property Rights in Academic Work?

[2010] European Intellectual Property Review 609–613

(publisher's webpage) (ssrn preprint)

 

Chemical Product Patents and Biogen Insufficiency Before the House of Lords

(2009) 125 Law Quarterly Review 573–578

 

Some Instances of Poetic Banality [letter to the eds]

(2009) Oxford Magazine

(reprint)

 

The Oxford Learning Institute: A Case of (Constructive) Alignment? [editorial]

(2007) 262 Oxford Magazine 1–2

(reprint)

 

(with D Brennan) Battle for academic credit separates junior teams from heavyweights

Sydney Morning Herald (April 2002)

(publisher's webpage)

 

(with D Brennan) Why patents for genes aren't patently obvious

The Age (Melbourne) (June 2001)

(publisher's webpage)