Journal of Intellectual Property Law and Practice最新文献

The UPC CoA’s first substantive order—central issues clarified, but on a high level UPC CoA 的第一个实质性命令--核心问题得到澄清，但级别较高

Journal of Intellectual Property Law and Practice Pub Date : 2024-07-19 DOI: 10.1093/jiplp/jpae057

Matthias Leistner, Sebastian Berns

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The case for a holistic approach to IP law and access to medicines for least developed countries: an African perspective 对知识产权法和最不发达国家获取药品采取综合办法的理由：非洲视角

Journal of Intellectual Property Law and Practice Pub Date : 2024-05-06 DOI: 10.1093/jiplp/jpae045

C. Tsega

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Re-examining the compatibility of US fair use with Korean copyright law: challenges and suggestions for Korean fair use 重新审视美国合理使用与韩国版权法的兼容性：韩国合理使用面临的挑战和建议

Journal of Intellectual Property Law and Practice Pub Date : 2024-04-24 DOI: 10.1093/jiplp/jpae042

Hyojung Kim

{"title":"Re-examining the compatibility of US fair use with Korean copyright law: challenges and suggestions for Korean fair use","authors":"Hyojung Kim","doi":"10.1093/jiplp/jpae042","DOIUrl":"https://doi.org/10.1093/jiplp/jpae042","url":null,"abstract":"\u0000 Korea introduced the fair use provision into the Korean Copyright Act following the model of the US system. Despite its adoption into the Korean Copyright Act, it has not been significantly relied upon by the courts of Korea. This article asserts that strong and robust fair use is crucial for achieving the objectives of Korean copyright law, which is a cultivating culture through copyright protection and facilitating the fair use of copyrighted works. Particularly important in the digital era, fair use serves as a pivotal tool for adapting the copyright system to rapid technological changes. Taking a legal transplant theory perspective, this paper evaluates the process of transplanting US fair use into Korean copyright law. It contends that the oversight of essential considerations during this process has led to a lack of balance between certainty and flexibility in Korean fair use. Following this analysis, this article offers recommendations to refine Korean fair use within the context of successful legal transplants. These recommendations will cover legislative revision, the roles of the courts and the involvement of legal experts to enhance legal certainty, ensure appropriate flexibility, and ultimately, promote the widespread use of Korean fair use.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"42 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140664780","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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Injunctions and damages for patent infringement under the UPCA in light of the principle of proportionality—Part II: damages 从比例原则看《统一专利保护法》下的专利侵权禁令和损害赔偿--第二部分：损害赔偿

Journal of Intellectual Property Law and Practice Pub Date : 2024-04-02 DOI: 10.1093/jiplp/jpae039

Franz Hofmann, Benjamin Raue

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Legal incentives for innovations in the emotional AI domain: a carrot and stick approach? 情感人工智能领域创新的法律激励：胡萝卜加大棒的方法？

Journal of Intellectual Property Law and Practice Pub Date : 2024-03-27 DOI: 10.1093/jiplp/jpae041

R. Ballardini, Rob van den Hoven van Genderen, Tomi Nokelainen

{"title":"Legal incentives for innovations in the emotional AI domain: a carrot and stick approach?","authors":"R. Ballardini, Rob van den Hoven van Genderen, Tomi Nokelainen","doi":"10.1093/jiplp/jpae041","DOIUrl":"https://doi.org/10.1093/jiplp/jpae041","url":null,"abstract":"\u0000 Emotions strongly influence the human way of living and life experiences. In this context, Artificial Intelligence (AI) technologies are crucial to pushing developments further. Although emotional AI-driven innovations are welcome in our society, they might also have negative effects on the interdependence and autonomy of natural persons. Thus, they might be challenged by several legal provisions in the EU such as the General Data Protection Regulation (GDPR) and the draft AI Act. Yet these inventions require considerable investment, where legal incentives such as intellectual property rights (IPR) are crucial. Indeed, it is also important to secure certainty as to the legal and ethical acceptability of such innovations. This article looks at emotional AI to investigate the interlinkage between technological innovations, legal incentives and ethics, through the lenses of patent law and fundamental rights, in order to shed light over the challenges, limitations, but also opportunities for the protection, commercialization and exploitation of emotional AI-related inventions. Our research offers new scientific knowledge on the largely under-explored issue of legal incentives for emotional AI-related inventions in the European framework. It also provides companies and inventors with key points to consider in decision-making related to investments in and incentives for emotional AI-related innovations, also elaborating on suggestions for the European legislator and policymakers to better stimulate and promote emotional AI technology through regulation.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"15 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140374291","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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Why 50?: ‘industrial application’ limitation in the Indian copyright-design interface 为什么是 50：印度版权与设计界面中的 "工业应用 "限制

Journal of Intellectual Property Law and Practice Pub Date : 2024-03-27 DOI: 10.1093/jiplp/jpae033

Ambika Aggarwal, Anindya Sircar

{"title":"Why 50?: ‘industrial application’ limitation in the Indian copyright-design interface","authors":"Ambika Aggarwal, Anindya Sircar","doi":"10.1093/jiplp/jpae033","DOIUrl":"https://doi.org/10.1093/jiplp/jpae033","url":null,"abstract":"\u0000 The current IP overlap in Indian copyright and design laws maintains that fine art aesthetics remain a province of copyright law and are strictly disjointed from protection afforded to utilitarian objects under design law. In practical application, however, Section 15 of the Indian Copyright Act, 1957 serves as a point of partial cumulation. Section 15(2) creates a curious situation where the nature of the work could be determined not by its substantive subject-matter requirement but rather an arbitrary rule of more-than-50 articles of production. Section 15 remains an unrefined relic of the Imperial Copyright Act of 1914. The strong reactions against the repeal of Section 52 of the UK Copyright, Designs and Patents Act of 1988 along with varied applications of the 50-article rule in other common law jurisdictions can be useful for the Delhi High Court in considering the ongoing constitutional challenge against Section 15(2). Differences in judicial opinions in a rather small pool of precedents have created significant scepticism in interpreting the precise scope of this ‘industrial application’ limitation. Repealing Section 15(2), despite its controversial status, would move the Indian copyright-design interface from partial to full cumulation—a result that does not sit well with the present legislative structure. Resolution of the issue requires the court to display sound conceptual deftness.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"66 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140376466","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}

引用次数: 0

Injunctions and damages for patent infringement under the UPCA in light of the principle of proportionality—Part I: injunctions 从相称性原则看《统一专利保护法》下的专利侵权禁令和损害赔偿--第一部分：禁令

Journal of Intellectual Property Law and Practice Pub Date : 2024-03-25 DOI: 10.1093/jiplp/jpae035

Franz Hofmann, Benjamin Raue

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Cross-checking the recitals: the exclusion of ‘the mere provision of physical facilities’ from the right of communication to the public in recent CJEU case law 交叉检查序言：在欧盟法院最近的判例法中，将 "仅仅提供有形设施 "排除在向公众传播的权利之外

Journal of Intellectual Property Law and Practice Pub Date : 2024-03-22 DOI: 10.1093/jiplp/jpae037

Victor Mütter

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Inspiration or infringement? Social media ‘viral’ trends: a case study on TikTok 灵感还是侵权？社交媒体 "病毒式 "趋势：TikTok 案例研究

Journal of Intellectual Property Law and Practice Pub Date : 2024-03-22 DOI: 10.1093/jiplp/jpae038

Michela Galea

{"title":"Inspiration or infringement? Social media ‘viral’ trends: a case study on TikTok","authors":"Michela Galea","doi":"10.1093/jiplp/jpae038","DOIUrl":"https://doi.org/10.1093/jiplp/jpae038","url":null,"abstract":"\u0000 Short-form videos have recently gained popularity thanks to social media platforms like TikTok. Some of the videos created by users go ‘viral’ and are ‘reproduced’ by others as they become trends on this platform.\u0000 This article examines whether viral social media trends can warrant copyright protection and whether, by recreating such trends without permission, a potential infringement takes place. The idea–expression dichotomy will form the basis of the analysis so that the question is whether the infringer merely borrows an unprotected idea or rather copies a protectable expression.\u0000 Additionally, as hinted in the pending referral in Mio (C-580/23), the Court of Justice of the European Union (CJEU) is yet to determine how the assessment of similarity, when examining an alleged infringement, must be conducted—is this one of recognizability or rather overall impression? Exceptions and limitations—most pertinently, pastiche—also form part of the discussion as questions are raised on the application of this undefined concept, pending the judgment in Pelham II (C-590/23).\u0000 A balancing approach shall be taken between the interests of the different stakeholders at hand, including having regard to freedom of expression and protection of IP.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":" 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140218989","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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Blockchain as a database—proposal for a new test for the criterion of ‘independence’ in the legal definition of a database for the purposes of copyright and the sui generis right 作为数据库的区块链--关于为版权和特殊权利目的对数据库的法律定义中的 "独立性 "标准进行新测试的建议

Journal of Intellectual Property Law and Practice Pub Date : 2024-03-22 DOI: 10.1093/jiplp/jpae034

Ilsu Erdem Ari

{"title":"Blockchain as a database—proposal for a new test for the criterion of ‘independence’ in the legal definition of a database for the purposes of copyright and the sui generis right","authors":"Ilsu Erdem Ari","doi":"10.1093/jiplp/jpae034","DOIUrl":"https://doi.org/10.1093/jiplp/jpae034","url":null,"abstract":"\u0000 Technology’s exponential growth often outpaces that of the law. The persistence of outdated legal concepts that were not drafted with new technology in mind leads to legal uncertainty. This article focuses on one example of such a friction between old law and new technology, namely the eligibility of blockchain as a‘database’ for protection under the EU Database Directive, as implemented into UK copyright law. The most problematic requirement for blockchain as a candidate is that the material inside the database be ‘independent’. This can pose a significant hurdle for blockchain to succeed as the immutability of blockchain is ensured by the ‘linked-list’ structure in between the blocks and the combinational hashing of data within the individual block. This article examines this issue and proposes a solution to this quandary: to divide the data recorded on a blockchain into ‘content’ and ‘structure’, and confine the criterion of ‘independence’ to the former. In reaching this solution, the author examines previous literature on the different types of data that can be found in databases, as well as how the concept of ‘independence’ is understood by judges and academics. This article will be of practical significance for developers of non-open source blockchain applications who wish to protect their products as a database.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":" 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140215942","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}

引用次数: 0