Issue #2 2020

Editorial The ongoing Covid-19 pandemic has the world in a severe grip, with national measures in Europe ranging from lockdowns to less severe restrictions. The world is waiting for a vaccine, and a promising breakthrough was reached when Pfizer/BioNtech published its first results in November 2020. Even though it is still unsure when the vaccine will be available, and to […] Read More

Copyright protection for public artworks in a digitalised world – a case study – Article from #2 2020

The growing digital landscape indeed imposes new questions and challenges for legislators and courts when adopting and adapting intellectual property law. For example, when artworks located in public outdoor spaces are published online (without the right holder’s consent), a reasonable balance between intellectual property protection and other interests, such as the free use of the internet, should be ensured. In […] Read More

Some similarity but not a minimum degree of similarity?: Are narrowly defined levels of abstraction in the similarity of goods-test contrary to EU trade mark law policy? – Article from #2 2020

A minimum degree of similarity among goods (and services) is required for a global appreciation of likelihood of confusion to be carried out under EU trade mark law. The CJEU clarified already back in the 1990’s what factors could be relevant when the similarity-test is carried out, but has never really further elaborated on the similarity-test. The assessment of whether […] Read More

Artificial Intelligence creates, invents … and challenges Intellectual Property Law – Article from #2 2020

Recent developments in technology are leading to the production of machines with the intellectual capacity to create and invent, just like humans. Artificial Intelligence (AI) is challenging copyright and patent law, as the actual author and inventor is no longer a natural person, but a machine. This article focuses on creative and innovative outputs generated autonomously by AI and scrutinises […] Read More

Inclusive Rights of Copyleft – Article from #2 2020

The current legal climate does not yet provide sufficient clarity on the workings, limits and rights conferred through licences granted on Free Open Source Software (FOSS). Generally, copyright is accepted as applying to FOSS and therefore the granted licence; by contrast, whether patents on the computer implemented invention (CII) encompassed in the software are implicitly licensed as well, is less […] Read More

IP IN THE DIGITAL ENVIRONMENT

We are delighted to invite you to our online conference: ‘IP in the Digital Environment’, to be held on Thursday 3 December 2020, from 14:30-16:30 CET. The keynote address, entitled ‘Website-Blocking Injunctions and Streaming Server-Blocking Injunctions: The State of the Art’, will be delivered by Sir Richard Arnold, Lord Justice of Appeal at the Court of Appeal of England and Wales. Other […] Read More