The need to guarantee the free flow of information in a Big Data economy forces us to re-think Intellectual Property Rights and find an appropriate balance between competition, innovation, privacy and incentives.
Most people’s gut-feeling would say yes… because it sounds unfair. The CJEU also opines yes, but bends EU trade mark protection rules considerably and thereby increases EU trade mark protection for trade mark proprietors regarding two aspects: 1) the scope of when a sign is used in the course of...
Authors may sentence fictional characters to death to counter unwanted transformation of their characters. The authorship that copyright vests in authors grants them indisputable authority over their creations, so that their characters do not die from users’ transformation.
Geographical Indications (also known as GIs) are signs used to safeguard the link between a product and its place of origin. In order for a product to be protected as a GI, the exact production methods and environmental factors need to be documented. It is easy to imagine that traditional products...
Protected geographical indications (PGI) cannot be granted for names deemed generic in the language of a territory. The recent example of Danbo cheese shows that if a name is deemed to be generic under a certain legal framework (Codex), it may not necessarily be so under another legal framework (PGI...
With or without the UK, the EU will try to find a way to implement the UPC as it has invested considerable time and efforts knowing the benefits it will bring; however, the fate of the Agreement could be decided on judicial grounds instead of political ones.
The music industry is currently on a peak mainly because of the huge boost of on-demand streaming. How did such a service manage to increase global music revenue on such a fast path? What were the circumstances facilitating its implementation?
We are currently not only in the middle of the 4th Industrial Revolution but also on the midst of global climate change. With the on-going issues surrounding climate change, the world of IP is also evidently affected by it. Companies are fostering innovation by coming up with new technology which is...
The trade and sustainable development chapters included in recent EU FTAs have been criticized for lacking an effective enforcement mechanism, and in particular for the absence of sanctions to ensure compliance. This has been blamed for the poor implementation of their commitments by partner...
Innovation is stimulated by a well designed regulatory framework as well as a balanced and effective Intellectual Property (IP) protection. IP protection gives the innovator an exclusive right on his innovation and allows a fair sustained return for his investment. In agricultural industry, plant...
