This article investigates whether the “creative use” of musical works, without a licence, is acceptable under copyright. In order to determine this issue, it is necessary to undertake analysis of copyright infringement with regard to musical works. Music, due to its own unique limitations,...

This paper reports the findings of an empirical study of patent suits involving non-practicing entities (NPEs) in the U.K. between 2000 and 2010. Overall, we find that NPEs are responsible for 11% of all patent suits filed in the U.K. during this period. Though this is a small percentage by U.S....

Though it lacked a patent system until 1985, China is now the world leader in patent filings and litigation. Despite the meteoric rise of the Chinese patent system, many in the West believe that it acts primarily to facilitate local protectionism rather than innovation. Recent high-profile...

The enhanced status of the rules and jurisprudence of fundamental rights law under the Lisbon arrangements is likely to have an impact in a number of different areas of EU intellectual property law. In this chapter, we on one particularly interesting aspect of the relationship between these two...

The temporary TRIPS waiver - as proposed by India and South Africa and supported by more than 100 countries - is a necessary and proportionate legal measure towards the clearing of existing intellectual property barriers to scaling up of production of COVID-19 health technologies in a direct,...

Over the course of this chapter three crucial aspects of the law's relationship with FOSS licenses are reviewed. Firstly, a comparison of the licenses themselves is outlined with particular regard to copyright provisions. In this respect, it is noted that while there is a great diversity of FOSS...

Copyright’s place within European Union (EU) law and within the wider e-Commerce environment is undoubtedly significant. Nonetheless, copyright law is less well integrated into the EU legal order than some other key areas of commercial and e-Commerce law, such as competition law. It is...