Beyond Patent Pools: a Comprehensive Proposal to Decrease Litigation Over Standard-essential Patents (legal opinion)
Olatz Robredo Arnedo
This paper identifies the market failures leading to litigation over standard-essential patents, demystifies patent pools as the ultimate solution, and elaborates a comprehensive proposal to reduce litigation over standard-essential patents under FRAND commitments.
Is Enforcement in the Domain Name System a Legitimate Solution to the Jurisdiction Problem seen in Google v Equustek?
The case of Google v Equustek directly grappled with jurisdiction on the Internet. This paper addresses the concerns raised in Equustek and investigates the Domain Name System as a possible platform for multi-jurisdictional online Intellectual Property enforcement. The author concludes that an Arbitration body with authority in the Domain Name System, akin to the UDRP, is the most plausible answer.
The Interface between Freedom of Expression and Trademarks: a Comparative Analysis
Fair competition and freedom of expression dictate that, generally, the use of all signs is public domain, while trade marks grant their owners quasi absolute rights regarding the exclusive use of their trade mark, as is characteristic of intellectual property rights. Besides being the golden rule on public domain, freedom of expression limits the ability of trademark holders to push exclusivity in ways that harm cultural development, public debate, and fair competition. Accordingly, it plays an important part both in the registration of trade marks and afterwards. This dissertation goes through the key considerations at stake in balancing trade mark protection and freedom of expression.
Legal Opinion: Fundamental Grounds for Morality in Intellectual Property Law
The paper demonstrates that whereas a morality standard was established in industrial property law, artistic and literary property law has been designed on an amoral basis. However, neither the legislator nor the courts have managed to clarify the meaning of these terms. As so, ambiguity has arisen, and legal interpretations sometimes lack legal certainty. The author argues that a recent phenomenon calls out for alleged immoral artists, or immoral artworks and aims to restrain their works’ accessibility, which goes against the very cornerstones of artistic and literary property and echoes more or less past censorship systems.
Protection of Recipes and Dishes through Intellectual Property
This paper combines a legal and practical analysis of copyright and culinary creations, looking into two questions: should copyright be extended to protect recipes and dishes, and what actions can chefs take under the existing legal framework to protect their creation. Furthermore, the paper argues that there is a renewed need to consider stronger protection for chefs and cooks for their efforts.
Legal Opinion: The protection of Flavour and Aroma by means of Intellectual Property Law
The paper looks at the challenges faced by the digital environment in protecting intellectual property rights of the gustatory part of the culinary creation, and more specifically of aromas and flavours. The issue at stake is to know by what means of intellectual property a chef can protect the taste of his creation. The paper suggests that if the means of intellectual property are unsuitable or inadequate, alternative means should be sought in order to find the most suitable solution.
Is the Future of Trade Marks Black and White? A study of colour mark registration, colour depletion and proposition of structural changes to the trade mark system
The possibility to register colours as trade marks has sparked a debate about colour depletion: will it lead to the exhaustion of all colours? This paper analyses how the registration and infringement processes in the EU and US affect the risk of colour depletion. Possible changes to the trade mark system is also assessed in light of whether such changes would be beneficial and proportionate.
A critical analysis of the regulation of non-authorised commercial uses of street artworks under the EU and US intellectual property law frameworks
This paper analyses how the current intellectual property legal frameworks of the EU (as implemented in the UK, Italy, France and Belgium) and the US apply to street art in order to determine the rights conferred to street artists under Copyright and Trademark laws to act against non-authorised commercial uses of their works.
Identity Protection in the UK
A discussion of the right of publicity, image rights and the protection of persona in the current era.