IIC - International Review of Intellectual Property and Competition Law

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

List of Papers (Total 184)

English Unfair Competition Law

For over a century, it was generally accepted that England had no law of unfair competition. In this article I shall suggest that it is time to recognise that there is such a thing as English unfair competition law, and I shall explore its place in international and European unfair competition law.

The Function of a Shape as an Absolute Ground for Refusal

The focus of this work will be an analysis of the European conception of the functionality doctrine, which was originally invented and developed by United States’ courts. The central debate revolves around the differing approaches taken by the European Court of Justice and Advocate General Mengozzi in the ECJ’s recent Lego decision, concerning the classification of so-called hybrid ...

“Turning Government Data Into Gold”: The Interface Between EU Competition Law and the Public Sector Information Directive—With Some Comments on the Compass Case

This short article was triggered by the recently delivered preliminary ruling by the CJEU in the Compass case. The case is important since it raises difficult questions regarding when a public sector body should benefit from the application of EU competition law in general and is especially interesting for those public sector bodies that create the essential information needed for ...

“PROTI”

The following questions are referred to the Court of Justice of the European Union regarding the interpretation of Art. 10(1) and (2)(a) of the first Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ EC No. L 40 of 11 February 1989, p. 1). Is Art. 10(1) and (2)(a) of Directive 89/104/EEC to be interpreted to ...

Originality in UK Copyright Law: The Old “Skill and Labour” Doctrine Under Pressure

Certainly until 2009, when Infopaq was decided, and possibly until 2012, when the CJEU handed down its decision in Football Dataco, the unanimous opinion was that in the UK a work is “original” for copyright purposes if it is the result of its author’s own skill, labour, judgment and effort. The CJEU decisions in Infopaq and Football Dataco, together with Bezpecnosti and Painer in ...

Benedetta Ubertazzi: Exclusive Jurisdiction in Intellectual Property, Max-Planck-Institut für Ausländisches und Internationales Privatrecht, Studien zum Ausländischen und Internationalen Privatrecht, Vol. 273. Tübingen, Mohr Siebeck 2012. pp. XVIII, 341. ISBN: 978-3-16-151954-3. €69.00

Exclusive jurisdiction in intellectual property cases is a divisive topic, to say the very least. It is also almost an emotive topic. Without necessarily thinking of boundaries or potential justifications, intellectual property or private international law experts either feel that it should obviously have a place or that it is a mere gremlin one needs to get rid of as soon as ...