The Digital Afterlife on Social Media – Legal Opinion
The paper aims to highlight shortcomings in today’s policies of Facebook, Instagram, YouTube, Twitter and TikTok and proposes policy and legislative improvements. The author suggests that governments need to strive for innovative legislation that governs the transferability of digital assets and the protection of personal data of the deceased. However, the paper argues that mere legislative action is insufficient. Social media platforms, as the first point of contact to the personal data and intellectual properties, have to be innovative, too.
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.