Towards a Flexible Application of Intellectual Property Law: A Closer Look at Internal and External Balancing Tools
Geneva, 26-28 May 2015
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The purpose of the forum this year is to raise and discuss a wingspan of topics related to the role of flexibilities in I.P law, both within internal and external mechanisms and legal schemes. Topics to be addressed cover issues related to the role flexibility may play: in the structuring of I.P exemptions & limitations, remedies for infringement of I.P rights, flexibilities in the application of prerequisites for the acknowledgment of I.P protection and the role of standards (v. principles) and judicial discretion in the application, interpretation and enforcement of I.P law. In addition to doctrinal, comprative and positive analysis, contributors also cover and touch upon theoretical, historical, international and interdisciplinary analysis regarding the role and functions of flexibilities in the structuring and protection of I.P law entitlements. Discussions regarding the balancing of I.P rights against – or along with – constitutional rights, distributive values and other political/moral imperatives are also encouraged.
CIPPM will contribute to the Forum with two presentations:
- Maurizio Borghi Rethinking the IP/Antitrust Interface. IP laws traditionally incorporate norms that aim at preventing anti-competitive behaviours on the side of the rightholders. The paper critically discusses the efficacy of these norms in the emerging “Big Data” environment, in light of some recent developments in national and EU jurisprudence.
- Marcella Favale Is there a EU copyright jurisprudence? An empirical analysis of the workings of the European Court of Justice. The paper is jointly co-authored by Marcella Favale, Martin Kretschmer and Paul C. Torremans.
- Faculty of Law, VU University of Amsterdam
- Max-Planck Institute (MPI) for Intellectual Property and Competition Law, Munich, Germany
- Munich Intellectual Property Law Center (MIPLC), Munich, Germany
- Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France
- Department of Commercial Law, HANKEN School of Economics, Helsinki
- O.P. Jindal Global University (JGU), Delhi, India
- School of Law, University of Geneva, Switzerland
- Department of Industrial Property, Metropolitan University, Prague
- Faculty of Law, University of Helsinki (UH)
- Centre for Intellectual Property Policy & Management (CIPPM), Bournemouth University, United Kingdom.