IIC - International Review of Intellectual Property and Competition Law

http://link.springer.com/journal/40319

List of Papers (Total 205)

Do Developing Countries Have a Say? Bilateral and Regional Intellectual Property Negotiations with the EU

Bilateral and regional agreements concluded with the European Union (EU) and the United States are extensive and include high levels of IP protection and enforcement standards. Such protection is crucial to enhance their competitiveness, but it does not seem to be a priority for developing countries (DCs). This paper analyses how DCs should best address trade negotiations in which ...

Vigeland and the Status of Cultural Concerns in Trade Mark Law – The EFTA Court Develops More Effective Tools for the Preservation of the Public Domain

The Vigeland decision of the EFTA Court is a milestone in the preservation of the public domain of cultural creations. It paves the way for an important and welcome recalibration of the copyright/trade mark interface. The Court departs from the traditional approach which relies on non-distinctiveness, descriptiveness or genericness to reject trade mark rights. Instead, the Court ...

Standing on the Edge – What Type of “Exclusive Licensees” Should be Able to Initiate Patent Infringement Actions?

In patent laws around the world, exclusive licensees often have standing to initiate infringement actions if the relevant patentee(s) is also added to the suit. Australian patent legislation specifies that exclusive licensees have this power and, correspondingly, the definition of “exclusive licensee” clearly permits licensees to initiate infringement actions if they exclusively ...

“Life Technologies Corp. et al. v. Promega Corp.”

New Rights or New Business Models? An Inquiry into the Future of Publishing in the Digital Era

In its Proposal for a Directive on Copyright in the Digital Single Market, the European Commission included a new neighbouring right for press publishers with regard to the digital use of their publications “to ensure quality journalism and citizens’ access to information.” (European Commission, 14 September 2016, Proposal for a Directive of the European Parliament and of the ...