Category Archives: European Private Law

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 […]

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 […]

Michael Müller, ‘Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU’

ABSTRACT The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of […]

‘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 […]

25th General Meeting of the Common Core of European Private Law Project: Trento, 5-7 December 2019

Thursday, December 5th: Meetings of small groups (on demand). Friday, December 6th: 9.00 Registration. 9.30-11.30 Meetings of working groups: Tort Law (Chair: Marta Infantino, University of Trieste), Contract Law (Chair: Aurelia Colombi Ciacchi, University of Groningen), Property Law (Chair: Filippo Valguarnera, University of Gothenburg; Alessandra Quarta, University of Turin) … (more)

Cofidis II: on ex officio and limitation periods – Opinion AG Kokott’

“Seventeen years ago, the CJEU gave judgment in Cofidis, one of the first and well-known cases on the ex officio application of EU consumer law. In short, the CJEU held that a limitation period of 2 years under French law, which prevented the court from examining (at its own motion or at the request of […]

Recently Published: Markesinis’s German Law of Torts (Markesinis, Bell and Janssen)

Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world’s leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most […]

GC and others vs CNIL and Google: This is a special case’

“On the 24 September 2019, the Grand Chamber of the Court of Justice (hereafter: ECJ) released its judgment in the second of two cases in as many weeks concerning the ‘Right to be forgotten’. The first, Google v CNIL, tacked the territorial scope of the right. In the second, GC, AF, BH, and ED v […]

Alba Fondrieschi, ‘“Discrete” and “Relational” Approaches in Implied Contractual Relationships: A Look at English, Japanese and Italian Law’

ABSTRACT In the commercial field, the practice of doing business through a series of fixed-term contracts that are renewed from time to time between the same parties, but not expressed in any framework contract, is a fairly frequent phenomenon – usually known as ‘implied contractual relationships’ or ‘implicit contracts’ – which, however, does not seem […]

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 […]