Issue #2 2019

GUEST EDITORIAL PREFACE Food is a subject that all of us can relate to. While reading this you might be thinking about where to go for lunch or what to make for dinner. Maybe you remember those perfectly matched tastes of your favorite dish–a dish that might have been composed by a star chef or by your own mother. Food, […] Read More

Sequential cumulation of copyright with protection of products of industrial design. A critique, and an alternative proposal – Article from #2 2019

Until the second half of the twentieth century, copyright protection of works that at the same time had a practical use and an aesthetic appeal was based on the premise of ‘separability’, meaning different sets of rules for protecting its aesthetic and utilitarian features. This premise was coherent with the typical mode of production consisting of artistic elements added to […] Read More

Food for thought – Article from #2 2019

The purpose of the article is to assess which areas of IP law, if any, and under which criteria, offer legal protection for signature dishes and plating arrangements that are identified and commonly associated with a specific chef or restaurant. The two main concepts explored in the article are: (i) the question whether food can be considered as art for […] Read More

Unravelling the story behind the Intellectual property of Halloumi Cheese; a ‘State Affair’ for Cyprus – Article from #2 2019

This article evaluates the intellectual property (IP) protection of Halloumi Cheese, as an authentic traditional product of Cyprus focusing particularly on trademarks (TM) and Geographical Indications of Origin (GIs). In examining the protection afforded under these two spheres, the challenges that the Halloumi cheese has undergone are analysed. The main purpose of this article is to untangle the confusion regarding […] Read More

THE “MACEDONIAN” SAGA – Article from #2 2019

Rights about the commercial use of the name“Macedonia” have been the object of an ongoing dispute between Greece and North Macedonia for almost three decades. The issue was partially settled on 12 June 2018, when both countries agreed upon the terms of the Prespa Agreement. However, despite representing a long-awaited improvement, core aspects of the commercial use of the name […] Read More

European copyright law and the text and data mining exceptions and limitations – Article from #2 2019

The newly adopted European Union (EU) Directive on copyright and related rights in the Digital Single Market1 (DSM Directive) provides for text and data mining (“TDM”) exceptions for the first time at an EU legislative level. The TDM provisions are a step in the right direction, but the situation remains uncertain for innovators and researchers alike.2 The DSM Directive’s TDM […] Read More

The Monopoly case – EUTM re-filings and the concept of bad faith – Article from #2 2019

An European Union Trade Mark (EUTM) can be declared invalid if the applicant acted in bad faith when filing the trade mark application. The concept of ‘bad faith’ is not defined in the EUTM legislation, but the Court of Justice of the European Union (CJEU), has in several cases interpreted the meaning of bad faith and the concept is constantly […] Read More