{"title":"Liability for the Offence of Counterfeiting Famous Trade Marks","authors":"","doi":"10.1093/grurint/ikae089","DOIUrl":"https://doi.org/10.1093/grurint/ikae089","url":null,"abstract":"","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":" 34","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141673475","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}
Digital platforms have become the subject of several legal acts within a relatively short period of time. The emerging European platform law faces particular challenges due to three specificities of platforms. First, the area to be regulated consists of the same platforms operating throughout the Union with a more or less uniform service in all Member States and beyond the Union. Second, the fact that the platforms can be used for almost unlimited purposes, whereas the Union does not have unlimited regulatory powers. Third, there is the dynamic development of the platform economy, which constantly presents us with new phenomena and potential risks, giving operators a knowledge advantage over regulators and generating a need for private ordering by platforms themselves. In this combination, the legal challenges differ from the issues addressed by most other acts of the EU Digital Strategy: for example, the Data Governance Act focuses not on private but on public data owners, while the Data Act focuses on Internet of Things applications, which are not used as ubiquitously as digital platforms. Because of these particularities, an overarching view of the phenomena of platform regulation helps to provide a background against which the appropriateness of individual norms can be assessed. In order to structure the observations, the platform phenomenon will first be contrasted with that of the EU (I.), before the characteristics of platform law as supranational law (II.) and European administrative law (III.), as well as questions of the platform-related protection of fundamental rights are addressed (IV.).
{"title":"Platform Law as EU Law","authors":"Tobias Mast","doi":"10.1093/grurint/ikae072","DOIUrl":"https://doi.org/10.1093/grurint/ikae072","url":null,"abstract":"\u0000 Digital platforms have become the subject of several legal acts within a relatively short period of time. The emerging European platform law faces particular challenges due to three specificities of platforms. First, the area to be regulated consists of the same platforms operating throughout the Union with a more or less uniform service in all Member States and beyond the Union. Second, the fact that the platforms can be used for almost unlimited purposes, whereas the Union does not have unlimited regulatory powers. Third, there is the dynamic development of the platform economy, which constantly presents us with new phenomena and potential risks, giving operators a knowledge advantage over regulators and generating a need for private ordering by platforms themselves.\u0000 In this combination, the legal challenges differ from the issues addressed by most other acts of the EU Digital Strategy: for example, the Data Governance Act focuses not on private but on public data owners, while the Data Act focuses on Internet of Things applications, which are not used as ubiquitously as digital platforms. Because of these particularities, an overarching view of the phenomena of platform regulation helps to provide a background against which the appropriateness of individual norms can be assessed. In order to structure the observations, the platform phenomenon will first be contrasted with that of the EU (I.), before the characteristics of platform law as supranational law (II.) and European administrative law (III.), as well as questions of the platform-related protection of fundamental rights are addressed (IV.).","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":"19 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141354359","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":"Implications of Missing the Newly Introduced Deadline for Supplementary Protection Application","authors":"","doi":"10.1093/grurint/ikae078","DOIUrl":"https://doi.org/10.1093/grurint/ikae078","url":null,"abstract":"","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":"124 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141352005","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":"Consequences of Asserting Rights Under a Patent Later Declared Invalid","authors":"","doi":"10.1093/grurint/ikae074","DOIUrl":"https://doi.org/10.1093/grurint/ikae074","url":null,"abstract":"","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":"114 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141361651","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":"Rights Associated with Virtual Digital Human Content","authors":"","doi":"10.1093/grurint/ikae070","DOIUrl":"https://doi.org/10.1093/grurint/ikae070","url":null,"abstract":"","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":" 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141370401","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}
A little more than six months after the Unified Patent Court commenced its work, the judgment of the Court of Appeal in 10x Genomics v. NanoString is the first final decision of the new court to deal in detail with the interpretation of an asserted patent claim and, based on this, with the assessment of the patentability of the subject-matter of a European patent. On the basis of this patent, a preliminary injunction was requested and issued by the Munich Local Division of the Court of First Instance. This fact alone shows that the significance of the decision can hardly be overestimated. A closer analysis of the decision confirms that it provides a wealth of insights into the way in which the UPC will deal with the questions of novelty and inventive step, which are at the centre of the examination of the validity of a patent in proceedings for interim measures, but also in proceedings on the merits. This article attempts to summarise the most important findings on substantive patent law and its application that can be derived from the decision of the UPC Court of Appeal.
{"title":"The Assessment of Patent Validity by the Unified Patent Court","authors":"Peter Meier-Beck","doi":"10.1093/grurint/ikae069","DOIUrl":"https://doi.org/10.1093/grurint/ikae069","url":null,"abstract":"\u0000 A little more than six months after the Unified Patent Court commenced its work, the judgment of the Court of Appeal in 10x Genomics v. NanoString is the first final decision of the new court to deal in detail with the interpretation of an asserted patent claim and, based on this, with the assessment of the patentability of the subject-matter of a European patent. On the basis of this patent, a preliminary injunction was requested and issued by the Munich Local Division of the Court of First Instance. This fact alone shows that the significance of the decision can hardly be overestimated. A closer analysis of the decision confirms that it provides a wealth of insights into the way in which the UPC will deal with the questions of novelty and inventive step, which are at the centre of the examination of the validity of a patent in proceedings for interim measures, but also in proceedings on the merits. This article attempts to summarise the most important findings on substantive patent law and its application that can be derived from the decision of the UPC Court of Appeal.","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":"318 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141381390","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}
Josef Drexl, Dietmar Harhoff, Beatriz Conde Gallego, Peter R. Slowinski
The Max Planck Institute for Innovation and Competition is a research institute within the Max Planck Society for the Advancement of Science. The Institute is committed to fundamental legal and economic research on processes of innovation and competition and their regulation. Its research focus is on the incentives, determinants and implications of innovation. The Institute informs and guides legal and economic discourse on an impartial basis. It hereby presents its position on the European Commission’s proposal of 27 April 2023 for a Regulation of the European Parliament and of the Council on standard essential patents and amending Regulation (EU) 2017/1001.
马克斯-普朗克创新与竞争研究所（Max Planck Institute for Innovation and Competition）是马克斯-普朗克科学促进会（Max Planck Society for the Advancement of Science）下属的一个研究机构。研究所致力于对创新和竞争过程及其监管进行基础法律和经济研究。其研究重点是创新的激励因素、决定因素和影响。研究所在公正的基础上为法律和经济讨论提供信息和指导。在此，研究所就欧盟委员会 2023 年 4 月 27 日提出的欧洲议会和欧洲理事会关于标准必要专利的条例以及修订（欧盟）2017/1001 号条例的提案表明立场。
{"title":"Position Statement of the Max Planck Institute for Innovation and Competition of 6 February 2024 on the Commission’s Proposal for a Regulation of the European Parliament and of the Council on Standard Essential Patents","authors":"Josef Drexl, Dietmar Harhoff, Beatriz Conde Gallego, Peter R. Slowinski","doi":"10.1093/grurint/ikae058","DOIUrl":"https://doi.org/10.1093/grurint/ikae058","url":null,"abstract":"\u0000 The Max Planck Institute for Innovation and Competition is a research institute within the Max Planck Society for the Advancement of Science. The Institute is committed to fundamental legal and economic research on processes of innovation and competition and their regulation. Its research focus is on the incentives, determinants and implications of innovation. The Institute informs and guides legal and economic discourse on an impartial basis. It hereby presents its position on the European Commission’s proposal of 27 April 2023 for a Regulation of the European Parliament and of the Council on standard essential patents and amending Regulation (EU) 2017/1001.","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":"34 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141377616","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":"Comparing Similar Signs Evocative of the Region of Products’ Origin","authors":"","doi":"10.1093/grurint/ikae071","DOIUrl":"https://doi.org/10.1093/grurint/ikae071","url":null,"abstract":"","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":"68 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141382608","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":"Full Compensation of Moral Harm Caused to the Trade Mark Owner","authors":"","doi":"10.1093/grurint/ikae053","DOIUrl":"https://doi.org/10.1093/grurint/ikae053","url":null,"abstract":"","PeriodicalId":506623,"journal":{"name":"GRUR International","volume":"42 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140662913","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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