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This paper expands on whether copyright protection may be available for certain new and non-conventional works as diverse as graffiti, sports movements, dj-sets, culinary presentations, jokes, magic tricks, works created by artificial intelligence and engineered DNA. The potential expansion of...
Persistent link: https://www.econbiz.de/10012858552
The short paper is structured as follows. It first delves into the recent case law from the Court of Justice of the European Union on the scope of GI protection – a scope which has been significantly widened. It then highlights the differences between the GI protection regimes adopted by the...
Persistent link: https://www.econbiz.de/10014241286
Persistent link: https://www.econbiz.de/10009239491
The rise of the Internet and the emergence of social media platforms have raised several questions concerning the exercise of the right to free speech as well as its judicial protection which fall under the constitutional umbrella.1 In particular, the phenomenon of social media influencers has...
Persistent link: https://www.econbiz.de/10012841470
When the discussion about the global expansion of judicial power comes across the European Court of Justice's case law, it is taken as example in order to show how the common law wind of USA Supreme Court is now blowing also on Luxembourg . In other words, through the emerging role of the...
Persistent link: https://www.econbiz.de/10012771705
This chapter addresses questions regarding the judicial balancing of competing rights and values online. To set the stage, it introduces the conceptual framework of judicial balancing in the digital age, providing the necessary definitions, and exploring the nature of judicial framing and why...
Persistent link: https://www.econbiz.de/10012869315
What is the role of common constitutional traditions today in the era of the codification of rights in Europe? Or indeed, following the entry into force of the Charter of Fundamental Rights of the European Union (hereafter: the Charter) does it still make sense at all to consider such a notion...
Persistent link: https://www.econbiz.de/10012869316
Persistent link: https://www.econbiz.de/10012618415
The article aims to describe the role of technology and contract in regulating access to digital content deregulating intellectual property law monopoly. In particular it argues that the anti-circumvention provisions for technological protection measures and digital rights management systems...
Persistent link: https://www.econbiz.de/10012752095
The article aims to describe the role of technology and contract in regulating access to digital content deregulating intellectual property law monopoly. In particular it argues that the anti-circumvention provisions for technological protection measures and digital rights management systems...
Persistent link: https://www.econbiz.de/10012752347