• Daryl Lim’s
    Blog

Daryl Lim is the H. Laddie Montague Jr. Chair in Law at Penn State Dickinson Law. He is also the Associate Dean for Research and Innovation and Founding Director of the Intellectual Property (IP) Law and Innovation Initiative. At the university level, he is a co-hire at the Institute of Computational and Data Sciences and an affiliate at the Center for Socially Responsible Artificial Intelligence.

He is an award-winning author, observer, and commentator on IP and competition policy trends and how they influence and are influenced by law, technology, economics, and politics. He helps stakeholders understand the world around them. He consults internationally on various IP and antitrust issues.

He has taught at the National University of Singapore, Fordham University School of Law, East China University of Political Science and Law, National Law School of India University, Universidad de los Andes, Peking University School of Transnational Law, and other institutions worldwide.

He is a founding member of the Global IP Alliance and its local chapters in Pennsylvania and Illinois. In addition, he serves as Co-Chair of the University Education Committee and on the Executive Committee of the US IP Alliance. In 2022, the American Law Institute elected Professor Lim to its membership based on demonstrated excellence and outstanding professional achievement. He serves on the Members Consultative Group of the Restatement of the Law, Copyright. In 2023, the U.S. Department of Justice and Federal Trade Commission recognized him as “a leading expert in antitrust law and economics.” The IAM Strategy 300, a guide to the industry pioneers with “exceptional skill sets, as well as profound insights into the development, creation and management of IP value,” named him to its World’s Leading IP Strategists 2023 list. In 2024, he was appointed to a consultative group advising the United Nations Secretary General’s High-Level Advisory Body on Artificial Intelligence.

He is under contract with Oxford University Press for a new book titled Infringement in Intellectual Property Law and is co-editor of Inclusive Innovation, Big Data, And Artificial Intelligence. His publications feature, or are forthcoming, in leading flagship and specialty law reviews, including the Florida Law Review, the George Mason Law Review, the Emory Law Journal, the Stanford Technology Law Review, and the Berkley Technology Law Journal. Thomson Reuters (West) selected three of his articles as the best IP articles of the year in 2018, 2021, and 2022.

He has also contributed to practitioner-focused publications for the American Bar Association, Law360, IPWatchdog, IP Watch, and IP Magazine. In addition, legal publications, specialty blogs such as Patently-O, and mainstream media sources such as Forbes, The Washington Post, Bloomberg, the Capitol Forum, Slate, The Hill, The Daily Journal, RealClearPolicy, USA Today, and Sueddeutsche Dossier featured his views on current legal developments. In addition, he serves as a peer reviewer for the Harvard Law Review, Yale Law Journal, Columbia Law Review, Journal of Empirical Legal Studies, Journal of Antitrust Enforcement (Oxford University Press), Cambridge University Press, John Wiley & Sons, Carolina Academic Press, Nature: Humanities and Social Sciences Communications, and the International Review of Intellectual Property and Competition Law.

CV Link Here.

Reuters | Apple Siri Settlement & the Privacy Price Tag

I had the pleasure of speaking to Jenna Greene for her insightful Reuters piece on the challenges of quantifying privacy harms in the recent Apple Siri settlement. Quantifying damages for privacy breaches is inherently complex. Our market-based framework treats privacy preferences as individual consumer choices - like selecting between products - rather than recognizing them as fundamental rights. As a result, deep-pocketed companies may not worry too much about legal exposure, treating lawsuit payouts for privacy breaches like a rounding error on their balance sheets. Jenna's article, which also features the views of privacy doyenne Danielle Citron, is a great read for anyone interested in privacy law, consumer rights, and the evolving landscape of data protection. 📖 Read Jenna's article here: https://lnkd.in/gDUG8sAw Penn State Dickinson Law University of Virginia School of Law hashtag#PrivacyLaw hashtag#DataProtection hashtag#ConsumerRights hashtag#TechRegulation hashtag#ClassAction hashtag#PrivacyMatters hashtag#AppleSiri hashtag#LegalInsights hashtag#DigitalPrivacy hashtag#DataBreach hashtag#PrivacyHarms hashtag#FundamentalRights hashtag#LegalCommentary hashtag#PrivacyInTech hashtag#ReutersLegal

Profiles in Leadership | WIPO DG Daren Tang

[Penn State Dickinson Law Profiles in Leadership featuring WIPO Director General Daren Tang] Join me in a conversation with Daren Tang, the Director General of the World Intellectual Property Organization (WIPO), as he reflects on: - Historic Achievements in 2024: Two landmark treaties—the Riyadh Design Law Treaty and the Treaty on Genetic Resources and Traditional Knowledge—achieved in turbulent geopolitical times. - IP as a Catalyst for Growth: How IP can bridge divides, drive innovation, and support development across member states. - Leadership Lessons from Jazz: Insights on fostering creativity and collaboration within a global organization. - Personal Perspectives* From his early days in Singapore and Georgetown University to his appreciation for jazz, tea, and meditation, DG Tang offers a unique lens on life and leadership. - How WIPO is shaping a more inclusive and impactful global IP system, from training over 500,000 people worldwide through the WIPO Academy to empowering grassroots entrepreneurs in Namibia and beyond. Watch the full episode to hear DG Tang’s reflections on navigating multilateralism, managing diverse stakeholder groups, and making IP a tool for equitable progress. #Leadership #WIPO #IntellectualProperty #Innovation #ProfilesInLeadership #GlobalCollaboration https://www.youtube.com/watch?v=DLnRo8ClxUU

National Law Review | What to Expect in 2025: AI Legal Tech and Regulation

Grateful to Oliver Roberts and his colleagues at The National Law Review for the opportunity to share my thoughts on upcoming AI trends in legal practice and beyond alongside members of the federal judiciary, startup founders, CEOs, and AI practice leaders from global law firms. These conversations are vital as we navigate the transformative impact of AI on the legal profession and beyond. I highlighted how: - Generative AI tools are transforming legal workflows — from drafting and contract analysis to litigation outcome predictions — enhancing efficiency and access to legal services. - Ethical AI certifications and compliance audits will increase as firms prioritize responsible AI usage. - Legal AI could revolutionize dispute resolution through AI-powered mediation, arbitration, and online case assessments. When asked about surprises in 2025, I warned about a potential black swan event where AI might be weaponized to manipulate legal proceedings — fabricating evidence or falsifying contracts in high-stakes cases. The threat of this crisis should demand global coordination to address vulnerabilities and redefine digital trust in legal practice. hashtag#FutureOfAI hashtag#LegalInnovation hashtag#EthicalAI hashtag#pennstatedickinsonlaw https://lnkd.in/g7WUuMNM https://lnkd.in/g8qBiK8m

Scholarship Cited | US Supreme Court & Court of Appeals for the DC Circuit Briefs

Honored that my scholarship has been cited in both the U.S. Court of Appeals for the D.C. Circuit and the U.S. Supreme Court. These citations affirm the collaborative spirit of legal scholarship and research's role in helping inform decisions at the highest levels. The Bar Association of the District of Columbia referenced my article "I Dissent: The Federal Circuit’s “Great Dissenter,” Her Influence on the Patent Dialogue, and Why It Matters" (Vanderbilt Journal of Entertainment & Technology Law) in an amicus brief before the D.C. Circuit (Hon. Pauline Newman v. Hon. Kimberly A. Moore, et al.). Additionally, four U.S. Supreme Court briefs cited my work: - "I Dissent" in Miller Mendel, Inc. v. City of Anna, Texas - "The Influence of Alice (Minnesota Law Review Headnotes)" in Realtime Data, LLC v. Fortinet, Inc., et al. - "Trademark Confusion Revealed (American University Law Review)" in Relish Labs LLC v. Grubhub Inc., as well as by constitutional law and intellectual property scholars in the Jack Daniel’s Properties v. VIP Products LLC case. #PennStateDickinsonLaw #LegalScholarship https://dickinsonlaw.psu.edu/associate-dean-daryl-lims-articles-cited-court-appeals-dc-circuit-and-us-supreme-court

Trademark Reporter | Trademark Confusion Revealed: An Empirical Analysis

I'm honored that The Trademark Reporter (TMR) selected my article on AI and trademarks to be included in its special AI issue. The American University Law Review originally published the article in 2022. TMR was founded in 1911 and is a resource the International Trademark Association (INTA) provides to practitioners, academics, and judges worldwide. Many thanks to Willard Knox and Pamela Chestek for their leadership. Pam eloquently summarizes my article in her Editor's Note as follows: "In “Trademark Confusion Revealed: An Empirical Analysis,” Daryl Lim analyzes courts of appeals’ decisions on the likelihood of trademark confusion and how the various factors are applied by the courts. Lim considers the possibility of using empirical analysis to train AI models that would allow courts to reach more consistent and accurate results and that would, in turn, allow trademark counselors to better predict likely outcomes before ever reaching the courts." The issue also features articles by scholars whose work I have studied and admire: Michael Grynberg, Christine Farley Matthew Dahl, Varun Magesh, Mirac S., Daniel Ho, Sonia Katyal, Aniket Kesari, Shlomit Yanisky-Ravid, and Molly Torsen Stech. Explore the full issue here: https://www.inta.org/resources/the-trademark-reporter/ Penn State Dickinson Law DePaul University College of Law Stanford Law School University of California, Berkeley - School of Law Fordham University School of Law American University Washington College of Law STM Yale Law School Stanford University

BBC News Interview | Trump 2.0 & Tech

Delighted to join BBC News’s Katie Silver to discuss the strategies tech CEOs are employing as they prepare for the second Trump presidency, including the recent procession of business leaders to Mar-a-Lago. There will be sweeping changes ahead, from social media to semiconductor manufacturing, as companies like TikTok face decisions under pressure from the incoming administration’s policies on China, tariffs, antitrust, and more. President-elect Trump’s mercantilist pragmatism and signature dealmaking style may create non-conventional opportunities for allies and rivals to engage with the United States.

PUBLICATIONS

Please click on the button for a list of articles, book chapters, and writing projects.

How is dispute resolution shaping, and being shaped by, the development of frontier technologies? Join us on 3 & 6 March and hear from global IP leaders and legal experts about the dynamic landscape of tech, IP, and dispute resolution.

Register at https://www.ipos.gov.sg/USA2025

Capitol Forum | AI & Copyright https://www.linkedin.com/posts/daryl-lim-344a0a9_associate-dean-daryl-lim-weighs-in-on-ai-activity-7274562858896564224-LGQh?utm_source=share&utm_medium=member_desktop @DickinsonLaw

A nine-person delegation of Penn State Dickinson Law faculty, staff, alumni, and invited guests recently traveled to Singapore for six days of growth, learning, and networking.

Read the article: https://bit.ly/3ZvBBWW

#WeAre #PennState #DickinsonLaw

Prof. Peter Yu (@TAMUclip) joined Profs. @lawlancer (@DickinsonLaw) and Matthias Leistner (@LMU_Muenchen) and attorneys Lily Dong, @JGraubart, and Stanley Lai (@AllenGledhill) at @PractLawInst Studio in NYC to record an episode of "Global IP Spotlight."

NY | DC @DickinsonLaw @TAMUclip @FinneganIPLaw @gwlaw @AllenGledhill @PractLawInst @DunnerLaw @DePaulLaw @ipofficesg
https://www.linkedin.com/posts/daryl-lim-344a0a9_delighted-to-be-back-in-new-york-and-washington-activity-7263933428004200448-IjQP?utm_source=share&utm_medium=member_desktop

3

Load More

SIGN UP

Get Daryl Lim’s Blog Updates Straight to Your Inbox!