{"title":"EU patent harmonization policy: reconsidering the consequences of the UPCA","authors":"Douwe de Lange","doi":"10.1093/JIPLP/JPAB096","DOIUrl":"https://doi.org/10.1093/JIPLP/JPAB096","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41895164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Registered designs as source identifiers and availability of common law remedies during infringement proceedings—exposition of the law in India","authors":"Vaarad Shende","doi":"10.1093/jiplp/jpab109","DOIUrl":"https://doi.org/10.1093/jiplp/jpab109","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42637311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Genericization of trade marks: an Indian perspective on challenges posed and potential solutions","authors":"Debby Jain","doi":"10.1093/jiplp/jpab091","DOIUrl":"https://doi.org/10.1093/jiplp/jpab091","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60956090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The attention paid to blockchain technology has always been shadowed by the ever-popular Bitcoin. Bitcoin is not the only life-altering outcome of the blockchain revolution. Each day we come across another useful aspect of blockchain technology: first, it was smart contracts, then initial coin offerings, then security token offerings and, since the beginning of March this year, there has been a lot of hype around non-fungible tokens (NFTs). While different digital art and collectibles are tokenized and sold for mind-boggling amounts, there are some legal questions, including regarding copyright law, that need to be tackled. This article will develop as follows: In Part II, we first describe the main characteristics of blockchain technology, and its important features that impact NFTs. Then, we consider where NFTs should be classified within the different groups of tokens. We define NFTs and consider why they are so popular nowadays and how they interact with smart contracts. In Part III, we discuss the legal implications of NFTs in general and with a focus on some problems that arise in copyright law mostly on the qualification of minting and selling and the consequences of purchasing an NFT.
{"title":"NFTs and copyright: challenges and opportunities","authors":"Pinar Aksoy, Zehra Özkan Üner","doi":"10.1093/jiplp/jpab104","DOIUrl":"https://doi.org/10.1093/jiplp/jpab104","url":null,"abstract":"The attention paid to blockchain technology has always been shadowed by the ever-popular Bitcoin. Bitcoin is not the only life-altering outcome of the blockchain revolution. Each day we come across another useful aspect of blockchain technology: first, it was smart contracts, then initial coin offerings, then security token offerings and, since the beginning of March this year, there has been a lot of hype around non-fungible tokens (NFTs). While different digital art and collectibles are tokenized and sold for mind-boggling amounts, there are some legal questions, including regarding copyright law, that need to be tackled. This article will develop as follows: In Part II, we first describe the main characteristics of blockchain technology, and its important features that impact NFTs. Then, we consider where NFTs should be classified within the different groups of tokens. We define NFTs and consider why they are so popular nowadays and how they interact with smart contracts. In Part III, we discuss the legal implications of NFTs in general and with a focus on some problems that arise in copyright law mostly on the qualification of minting and selling and the consequences of purchasing an NFT.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43246001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The regulatory approach to copyright contracts revisited: a perspective from the UAE","authors":"S. Al-Sharieh","doi":"10.1093/jiplp/jpab108","DOIUrl":"https://doi.org/10.1093/jiplp/jpab108","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43566435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The press publishers’ right provided in art. 15 of the Directive on Copyright in the Digital Single Market is the European Union’s response to the news media vs digital platforms clash. The right was adopted following a heated and highly polarised debate, and should become a part of Member States’ laws by 7 June 2021. Even though the deadline is less than two months away, the majority of the Member States still have a long way to go before the press publishers’ right becomes national law. This article offers an opinion on the current state of the implementation of the right. It outlines the ongoing policy discussions and decisions taken by the Member States with regard to selected aspects of the press publishers’ right, including its scope, an appropriate share of revenues due to authors, and licensing mechanisms. The article argues that the implementation of the press publishers’ right is unlikely to bring the news media vs digital platforms saga to an end, as not all uncertainties concerning the new right’s scope will be tackled, and the calls for further regulatory interventions are likely to follow.
{"title":"The EU press publishers’ right: where do Member States stand?","authors":"Ula Furgał","doi":"10.1093/JIPLP/JPAB105","DOIUrl":"https://doi.org/10.1093/JIPLP/JPAB105","url":null,"abstract":"The press publishers’ right provided in art. 15 of the Directive on Copyright in the Digital Single Market is the European Union’s response to the news media vs digital platforms clash. The right was adopted following a heated and highly polarised debate, and should become a part of Member States’ laws by 7 June 2021. Even though the deadline is less than two months away, the majority of the Member States still have a long way to go before the press publishers’ right becomes national law. This article offers an opinion on the current state of the implementation of the right. It outlines the ongoing policy discussions and decisions taken by the Member States with regard to selected aspects of the press publishers’ right, including its scope, an appropriate share of revenues due to authors, and licensing mechanisms. The article argues that the implementation of the press publishers’ right is unlikely to bring the news media vs digital platforms saga to an end, as not all uncertainties concerning the new right’s scope will be tackled, and the calls for further regulatory interventions are likely to follow.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49481033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Open government data licensing in the Gulf Cooperation Council","authors":"Riyadh Al-Balushi, A. Al-Kiyumi","doi":"10.1093/JIPLP/JPAB047","DOIUrl":"https://doi.org/10.1093/JIPLP/JPAB047","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44030441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As the world grapples with the Coronavirus disease (Covid-19)—the worst pandemic in the last 100 years— war-like efforts are being made to find a vaccine or a cure for the disease. Indeed, a few newly developed Covid-19 vaccines have already been approved for public use. At the same time, given the concerns of vaccine nationalism—countries pushing to get first access to Covid-19 vaccines—many are filled with consternation about the timely and equitable access to medicines and vaccines. This concern has been outlined by countries like India and South Africa who in their recent proposal to the World Trade Organization (WTO) state: ‘As new diagnostics, therapeutics and vaccines for COVID-19 are developed, there are significant concerns, how these will be made available promptly, in sufficient quantities and at an affordable price to meet global demand.’ To ensure timely and equitable access to Covid-19 vaccines, drugs, and diagnostics, India and South Africa have proposed that, following Articles IX.3 and IX.4 of the Marrakesh Agreement establishing the WTO, certain provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement be temporarily waived or suspended to allow the prevention, containment, or treatment of Covid-19. Such a temporary suspension of the application of the TRIPS Agreement would give complete regulatory freedom to countries to deal with the production and distribution of Covid-19 vaccines, drugs, diagnostics without being concerned about the enforcement and protection of intellectual property rights. This radical proposal stems from the assumption that intellectual property rights such as patents, in certain circumstances, could act as The author
{"title":"Compulsory licences and ISDS in Covid-19 times: relevance of the new Indian investment treaty practice","authors":"Prabhash Ranjan","doi":"10.1093/jiplp/jpab084","DOIUrl":"https://doi.org/10.1093/jiplp/jpab084","url":null,"abstract":"As the world grapples with the Coronavirus disease (Covid-19)—the worst pandemic in the last 100 years— war-like efforts are being made to find a vaccine or a cure for the disease. Indeed, a few newly developed Covid-19 vaccines have already been approved for public use. At the same time, given the concerns of vaccine nationalism—countries pushing to get first access to Covid-19 vaccines—many are filled with consternation about the timely and equitable access to medicines and vaccines. This concern has been outlined by countries like India and South Africa who in their recent proposal to the World Trade Organization (WTO) state: ‘As new diagnostics, therapeutics and vaccines for COVID-19 are developed, there are significant concerns, how these will be made available promptly, in sufficient quantities and at an affordable price to meet global demand.’ To ensure timely and equitable access to Covid-19 vaccines, drugs, and diagnostics, India and South Africa have proposed that, following Articles IX.3 and IX.4 of the Marrakesh Agreement establishing the WTO, certain provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement be temporarily waived or suspended to allow the prevention, containment, or treatment of Covid-19. Such a temporary suspension of the application of the TRIPS Agreement would give complete regulatory freedom to countries to deal with the production and distribution of Covid-19 vaccines, drugs, diagnostics without being concerned about the enforcement and protection of intellectual property rights. This radical proposal stems from the assumption that intellectual property rights such as patents, in certain circumstances, could act as The author","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"16 1","pages":"748 - 759"},"PeriodicalIF":0.5,"publicationDate":"2021-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47811048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A thorough exploration of the maturing interface of intellectual property and investment law","authors":"B. J. Jütte","doi":"10.1093/JIPLP/JPAB095","DOIUrl":"https://doi.org/10.1093/JIPLP/JPAB095","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48075594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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