Category Archives: Intellectual Property

Montagnani and Trapova, ‘Copyright and Human Rights in the Ballroom: A Minuet between the US and the EU’

ABSTRACT Similar to the graceful forward, backward and sideways movements in a minuet, after a slow start, the dynamics between IP and human rights have intensified to the extent that human rights law is seen as IP’s new frontier. When balancing various interests at stake in both the US and the EU, copyright law engages […]

Adler and Fromer, ‘Taking Intellectual Property into Their Own Hands’

ABSTRACT When we think about people seeking relief for infringement of their intellectual property rights under copyright and trademark laws, we typically assume they will operate within an overtly legal scheme. By contrast, creators of works that lie outside the subject matter, or at least outside the heartland, of intellectual property law often remedy copying […]

Christophe Geiger, ‘Reconceptualizing the Constitutional Dimension of Intellectual Property – An Update’

ABSTRACT This paper is an updated version of the chapter entitled ‘Reconceptualizing the Constitutional Dimension of Intellectual Property’ which appeared in the previous edition (3rd) of the volume edited by Paul Torremans entitled Intellectual Property and Human Rights. It draws on previous research published by the author on the ongoing ‘constitutionalization’ of intellectual property rights […]

‘Copyright protection of fictional characters: is it possible? how far can it go?’

“Last year, I was fortunate enough to be invited by Associate Professor Yann Basire (Director-General of CEIPI) to participate in a great (and cool!) conference he organized in Strasbourg on Pop Culture and IP. The topic I was asked to discuss was trade mark protection of fictional characters, and the contribution will be published in […]

Nicholas Nugent, ‘Masters of Their Own Domains: Property Rights As a Bulwark Against DNS Censorship’

ABSTRACT It is increasingly becoming the practice of DNS intermediaries to seize domain names used by lawful websites for violation of acceptable use policies related to offensive content or ‘hate speech’. Proponents of Internet freedom have argued that companies providing foundational Internet infrastructure should not attempt to police content, no matter how deplorable, and that […]

Aislinn O’Connell, ‘Image rights and image wrongs: image-based sexual abuse and online takedown’

ABSTRACT The non-consensual sharing online of private sexual images (PSIs) is a practice that has expanded in recent years and causes multiple harms to victims. This article looks at the legal mechanisms available to those whose images have been shared to demand their removal from online, and concludes that those mechanisms are not fit for […]

‘Shubha Ghosh on IP Lore and Justice Holmes’

In this episode, Shubha Ghosh, Crandall Melvin Professor of Law at Syracuse University College of Law, discusses his work on the legal history of intellectual property. He begins by describing the book he is currently editing on intellectual property law for Edward Elgar Publishing, including its beginnings in the Forgotten IP symposium published by the […]

Kelsey Farish, ‘Do deepfakes pose a golden opportunity? Considering whether English law should adopt California’s publicity right in the age of the deepfake’

INTRODUCTION … This article is organized as follows. Section 2 briefly explores the development of deepfake technology, together with the risks deepfakes may pose to the individual. Section 3 introduces the legal framework and the generally accepted views on publicity rights in California. The Californian approach is used as a backdrop for Section 4, which […]

Varese and Mazza ‘The Protection of Fashion Shows: An Uncharted Stage’

ABSTRACT The history of fashion shows goes back more than a century, and over the years, catwalks have gone from being private sales channels for a few wealthy customers to pure entertainment shows promoted globally. In this article, we analyze both national and international laws dealing with the protection of fashion shows in order to […]

Jonathan Barrett, ‘Moral Rights and Immoral Artists’

ABSTRACT The word ‘moral’ used to denote upright behaviour and ‘moral’ to denote certain authorial rights (droit moral), are homonyms: the things signified by the same signifier are different. Because Germany’s moral rights equivalent is the personality right (Persönlichkeitsrecht), the German language does not permit the wordplay employed in the title. Nevertheless, this paper argues […]