In recent years, intellectual property enforcement by ordering Internet access providers to block infringing websites has been rapidly evolving in Europe. Understandable from the perspective of rightholders searching for the most efficient ways to stop infringing activities, this increasing...

The Directive on Copyright in the Digital Single Market (CDSM Directive) might fundamentally change the way works and other subject matter protected by copyright will be used on online platforms. Article 17 of the Directive obliges such platforms, based on information they receive from...

The Directive on Copyright in the Digital Single Market might fundamentally change the way works and other subject matter protected by copyright will be used on online platforms. Article 17 of the Directive obliges such platforms, based on information they receive from rightholders, to ensure...

The limited role the objectives and principles of the TRIPS Agreement (Articles 7 and 8) have played so far in the interpretation and implementation of its substantive provisions has often been criticised. The WTO Panel and Appellate Body Reports in the “Australia - Plain Packaging” dispute...

Statutory remuneration rights are progressively attracting the attention of policy makers as regulatory tools since they constitute a middle way between exclusivity and free uses. Remuneration rights have the potential to realise the delicate balance between access to and protection of...

In the discussions on copyright and freedom of expression, it is common to focus on copyright’s economic rights and their potential to restrict the users’ freedom of artistic creativity, freedom to express criticism or freedom to receive and impart information. By contrast, moral rights of...

The "International Instrument on Permitted Uses in Copyright Law" (the Instrument) is the result of a research project for a balanced reconciliation of interests in copyright law. The project was coordinated by the Max Planck Institute for Innovation and Competition and resulted in a legal...

For the European Union (EU), the dynamics of signing bilateral trade and investment agreements with third countries is steadily going forward. Good examples of such agreements are the controversial “Comprehensive Economic and Trade Agreement” (“CETA”) between Canada and the EU and, the...

This short contribution constitutes the introductory chapter of the Research Handbook on Intellectual Property and Investment Law edited by Christophe Geiger and forthcoming in the Research Handbook series of Edward Elgar Publishing. The volume explores the complex and controversial interaction...