IIC - International Review of Intellectual Property and Competition Law

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

List of Papers (Total 252)

“Syed”

1. Article 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the storage by a retailer of goods bearing a motif protected by copyright on the territory of the Member State where the goods are stored may...

Sound Sampling, a Permitted Use Under EU Copyright Law? Opinion of the European Copyright Society in Relation to the Pending Reference before the CJEU in Case C-476/17, Pelham GmbH v. Hütter

This Opinion from the European Copyright Society (ECS) discusses the legal boundaries of the use of sound sampling under copyright law in the context of the currently pending CJEU case 476/17 (Pelham GmbH v. Hütter). The ECS recommends a careful interpretation of the scope of the phonogram producer’s right. In the absence of any threshold or condition for protection, this right...

“Mitsubishi Shoji Kaisha and Mitsubishi Caterpillar Forklift Europe”

1. Article 5 of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks and Article 9 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark must be interpreted as meaning that the proprietor of a mark is entitled to oppose a third party, without...

“UPC”

1. According to the provisions of the Fundamental Law in force, an international agreement created in the framework of enhanced cooperation, transferring to an international institution not included in the founding treaties of the European Union the jurisdiction of adjudicating a group of private law disputes under Article 25 paragraph (2) point (a) of the Fundamental Law, thus...

“Bastei Lübbe”

Article 8(1) and (2) of Directive 2001/29/EC, of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, read in conjunction with Article 3(1) thereof, and Article 3(2) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of...

IP-Based Incentives Against Antimicrobial Crisis: A European Perspective

The field of antimicrobials is considered to be facing a crisis. Increasing microbial resistance is creating a demand for new drugs, which however is not being matched by privately funded R&D. The reasons for this market failure are of a technical and economic nature. The present article analyzes what changes to IP-based incentives are conceivable in the European Union (EU) in...

The Data Sharing Economy: On the Emergence of New Intermediaries

Data-driven markets depend on access to data as a resource for products and services. Since the quality of information that can be drawn from data increases with the available amount and quality of the data, businesses involved in the data economy have a great interest in accessing data from other market players. However, companies still appear to be reluctant to share their data...

IoT Connectivity Standards: How Adaptive is the Current SEP Regulatory Framework?

The Internet of Things is advancing as a new technological paradigm with enormous economic and societal implications. Network connectivity provides the basis. With this in mind, past and current conflicts surrounding the licensing and enforcement of standard essential patents (SEPs) in the information and communications technology (ICT) sector cast a shadow over IoT development...

Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0

This article examines the potential and limitations of blockchain technology and blockchain-based smart contracts in relation to copyright. Copyright has long been enforced through technological means, specifically Digital Rights Management. With the emergence of blockchains, many are now predicting a new era regarding the administration and enforcement of copyright through...

Assessing Access to Medicines in Preferential Trade Agreements: From the Trans-Pacific Partnership to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP11) is a trade agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. CPTPP negotiations started after the Trans-Pacific Partnership Agreement reached a stalemate due to the withdrawal of the United States on 23 January...

“Cartier”

1. In principle, intellectual property right-holders should indemnify ISPs against their compliance costs when an injunction is obtained against them to prevent the use of their facilities by wrongdoers for unlawful purposes.  2. Such indemnity must be limited to reasonable compliance costs.  3. Furthermore, it is crucial that the intermediary in question is legally innocent...

“Teva UK and Others”

Article 3(a) of Regulation No 469/2009 of the European Parliament and of the Council of 6 May 2009, concerning the supplementary protection certificate for medicinal products, must be interpreted as meaning that a product composed of several active ingredients with a combined effect is ‘protected by a basic patent in force’ within the meaning of that provision where, even if the...

The Court of Justice at the Crossroads: Clarifying the Role for Fundamental Rights in the EU Copyright Framework

In the EU, the complex relationship between copyright and fundamental rights is accommodated in inter alia the Copyright Directive, which uses an internal system of exhaustive exceptions and limitations to copyright. However, it remains unclear whether fundamental rights can serve as autonomous grounds for limiting a copyright. Recently, the German Federal Supreme Court referred...

“DOCERAM”

1. Article 8(1) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs must be interpreted as meaning that in order to determine whether the features of appearance of a product are exclusively dictated by its technical function, it must be established that the technical function is the only factor which determined those features, the existence of...

Extended Collective Licensing for the Use of Out-of-Commerce Works in Europe: A Matter of Legitimacy Vis-à-Vis Rights Holders

Extended Collective Licensing (ECL) schemes have been put forward in Europe as one of the solutions for the licensing of out-of-commerce works by cultural heritage institutions. ECL schemes extend the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (CMO) to the works of non-members of the organisation. Not...

“ENSILOX”

1. Under subsection 1a of Section 4 of the Trademarks Act, the risk of confusion is not the issue, as opposed to subsection 1b. When the signs are identical and linked with the same product (double-identity), the protection under subsection 1a is absolute.  2. Section 4 subsection 1a of the Trademarks Act must be interpreted only to protect the proprietor if the use has an...