Category Archives: Intellectual Property

Matthieu Dhenne, ‘COVID-19: Hope for a New World of IP?’

ABSTRACT The COVID-19 pandemic is having a two-fold impact on the world of IP: after an initial retreat towards the classic utilitarian model, focused on the utility of property to its holder, the modern utilitarian model, focused on societal utilities of property, is rising in such a way that IP could now, more than ever, […]

Mahr and Dickel, ‘Rethinking intellectual property rights and commons-based peer production in times of crisis: The case of COVID-19 and 3D printed medical devices’

“At the peak of the coronavirus disease 2019 (COVID-19) pandemic, in March 2020, the Hospital of Chiari (Brescia) was in a state of emergency. The stock of valves needed to operate ventilators was dwindling and the manufacturer was unable to supply them at short notice. Massimo Temporelli, founder of Fablab Milano and one of the […]

‘Copyright law trapped in the web of hyperlinking: the AG’s Opinion in the VG Bild-Kunst case’

“On September 10, 2020 the Advocate General (AG) Maciej Szpunar delivered his Opinion on the case of VG Bild-Kunst v Stiftung Preußischer Kulturbesitzanother (C‑392/19), a further case concerning the legality of linking. The assessment of linking from an EU copyright law perspective appears to be a labyrinthine legal exercise, since, following the seminal Svensson (C‑466/12) […]

Vehar and Gils, ‘I’m sorry AI, I’m afraid you can’t be an author (for now)’

ABSTRACT This article examines how works created by artificial intelligence (AI) systems, or with their support, are protected under copyright law and affiliated regimes. It first looks at the conditions under which copyright protection may be granted to such works from a German and Belgian perspective. Subsequently, the article deals with alternative IP protection mechanisms […]

Ivanka Hahnenberger, ‘Intellectual Property: An on-going Battle for a Development Agenda’

ABSTRACT The world economy has become highly focused on intangibles and Intellectual property. World Intellectual Property Organization (WIPO) announced in a 2017 report that nearly one third of the value of manufactured products sold around the world came from ‘intangible capital’, such as branding, design and technology. Thus intellectual property (IP) is now a key […]

Mark Lemley, ‘Disappearing Content’

ABSTRACT One of the great advantages of digital content has been that for the last forty years, people have had access to whatever content they want whenever they wanted it. That is starting to change. We’re moving backwards. Content is disappearing – not just becoming available only in limited times or circumstances, but becoming entirely […]

Christa Laser, ‘Patent Law’s Equitable Defenses’

ABSTRACT … Setting the stage of the statutory interpretive battle, this article examines the historical and statutory bases of equitable limits on patent law, with a particular focus on the substantive equitable defenses of unclean hands and patent misuse. It contrasts the history of equitable defenses such as estoppel, which crossed fully into courts of […]

Brian Frye, ‘Literary Landlords in Plaguetime’

ABSTRACT Copyright scholars disagree about whether we should conceptualize copyright as a form of property. This essay accepts the property metaphor and asks what it entails. It observes that if copyright is property, then copyright owners are landlords. It reflects on why copyright owners love the property metaphor, but hate the landlord metaphor. And it […]

Christina Angelopoulos, ‘Harmonising Intermediary Copyright Liability in the EU: A Summary’

ABSTRACT With the adoption and subsequent national implementation of the E-Commerce Directive’s safe harbour regime, the architecture set up in Europe for the liability of internet intermediaries for third party copyright infringement has become two-tiered: at a first stage, it is necessary to examine whether a given intermediary attracts, in its pursuit of a certain […]

Prashant Reddy, ‘TRIPS and TRIPS-Plus Development in India’

ABSTRACT This chapter traces the development of India’s patent and copyright policy over the last sixty years. Shortly after independence, India replaced its British-era copyright and patent legislation with new laws which significantly whittled down the standards of IP protection. In the 1970s, India had led a developing countries effort to renegotiate standards of copyright […]