Category Archives: European Private Law

‘Can Amazon be directly liable for trade mark infringement? A new CJEU referral’

“Is it a trade mark infringement to, eg, advertise, offer, stock and ship goods carrying a sign identical or similar to a registered sign? The answer is not a difficult one to provide: Articles 10 TMD and 9 EUTMR clearly indicate that these activities amount to prima facie infringement. Things, however, get more complicated when […]

Pazdan and Zachariasiewicz, ‘The EU succession regulation: achievements, ambiguities, and challenges for the future’

ABSTRACT The quest for uniformity in the private international law relating to succession has a long history. It is only with the adoption of the EU Succession Regulation that a major success was achieved in this field. Although the Regulation should receive a largely positive appraisal, it also suffers from certain drawbacks that will require […]

Paul Beaumont, ‘Some reflections on the way ahead for UK private international law after Brexit’

ABSTRACT Since 1 January 2021 the UK has moved out of the implementation period for its withdrawal from the European Union (EU) and it is an appropriate time to reflect on the way forward for the UK in developing private international law. This article considers the practical steps that the UK should take in the […]

Reid Mortensen, ‘Brexit and private international law in the Commonwealth’

ABSTRACT Brexit is a trading and commercial opportunity for the countries of the Commonwealth, as it makes it likely that, for many, their access to United Kingdom (UK) markets will improve significantly. The question addressed in this article is whether, to support more open and trading relationships, Brexit also presents opportunities for the development of […]

Galič and Gellert, ‘Data Protection Law Beyond Identifiability? Atmospheric Profiles, Nudging and the Stratumseind Living Lab’

ABSTRACT The deployment of pervasive information and communication technologies (ICTs) within smart city initiatives transforms cities into extraordinary apparatuses of data capture. ICTs such as smart cameras, sound sensors and lighting technology are trying to infer and affect persons’ interests, preferences, emotional states, and behaviour. It should be no surprise then that contemporary legal and […]

Khan, Ansari, Soomro and Arafa, ‘An Overview of Alternate Dispute Resolution From the Contractual Perspective in Europe’

ABSTRACT The Alternative Dispute Resolution (‘ADR’) is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties stunningly through the help of independent professionals and renowned personalities. Today the role of the ADR is more important, and the number of agreements with ADR is increasing. One of the reasons for […]

David Erdos, ‘The “right to be forgotten” beyond the EU: an analysis of wider G20 regulatory action and potential next steps’

ABSTRACT It has been increasingly asserted that data protection can and should enable individuals to exert some control at least ex post over online data dissemination. Notwithstanding contrary suggestions, therefore, the ‘right to be forgotten’ is not solely an EU phenomenon. Post-2014 the majority of the eight national Data Protection Authorities (DPAs) s operating in […]

‘EU Commission rejects UK accession to Lugano II’

“The European Commission published yesterday its assessment of the UK application to accede to the 2007 Lugano Convention (the document is only available in two EU official languages, as well as in English). Its conclusion: ‘the Commission takes the view that the European Union should not give its consent to the accession of the United […]

Emmanuel Salami, ‘AI-generated works and copyright law: towards a union of strange bedfellows’

INTRODUCTION Copyright law vests in original works of authorship. However, most European Union (EU) copyright instruments do not clearly specify whether an ‘author’ is a natural and/or legal person. EU Member States have also adopted divergent interpretations of ‘authorship’. Though it appears that there might be a preference for the definition of an author as […]

‘Book: Nikitas E Hatzimuhail, Preclassical Conflict of Laws (Cambridge: CUP, 2021)’

“CUP is publishing a new book on the history of private international law. About the book: To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history […]