Symposium: European Intellectual Property and its Limits

Wednesday 16 January 2019, 9.30-18.00 – Bournemouth University, Executive Business Centre.

Inaugural Symposium of the Jean Monnet Centre of Excellence for European Intellectual Property and Information Rights

>>Event report and pictures here

Intellectual property rights have been at the centre of the European agenda for decades and continue to be subject to intense legislative and judicial scrutiny. Recent long-waited achievements include the unitary patent and the unified patent court, the completion of the EU trade mark reform package, and the approval of the highly contentious directive on copyright in the digital single market. These developments are usually accompanied by great expectations as to their effects on the European information society and economy. Indeed, intellectual property rights seem to be perceived as the key legislative instrument to stimulate innovation and creativity, to foster fairness and equity in the markets, to promote consumer welfare and wellbeing, and to fuel economic growth in all the many areas of the internal market. But are these expectations justified in today’s information- and knowledge-based economy? Or do we invest intellectual property rights with goals that they do not and cannot accomplish? – namely, goals that may be better achieved by different legal instruments, or by means other than law, or even by leaving market forces, business practices and wider cultural practices to operate without interference? Is it possible that today’s information society and economy present problems to which intellectual property rights are neither the better nor the only solution?

The Symposium addresses these questions from the angles of the many interests and rights addressed by European intellectual property.

Programme and speakers

9.30 – Registration

10.00 – Introduction and preliminary remarks

  • Maurizio Borghi (CIPPM, Bournemouth University)
  • Ruth Soetendorp (Professor Emerita and Founding Director of CIPPM)

10.15 – Harmonization in progress and the challenge of future-proof lawmaking

  • Sally Weston (CIPPM, Bournemouth University) – chair
  • Ben Farrand (University of Warwick) “Structural limitations: Lobbying, ‘legacy’ industries and resistance to the Digital Single Market”
  • Luke McDonagh (City University of London) “The Unified Patent Court: the current state of play”
  • Ruth Towse (CIPPM, Bournemouth University) “Copyright with or against the market”
  • Simon Stokes (Blake Morgan LLP) – respondent

11.35 – Break

12.00 – The regulation of internet platforms (panel sponsored by CREATe, University of Glasgow)

The panel examines different premises and approaches in the regulation of platforms. Four perspectives will be explored: Competition, Communication, Data and Intellectual Property. Martin Kretschmer (CREATe, University of Glasgow) will introduce the regulatory conundrum of platforms, and give an overview of recent platform and digital competition enquiries. Nico Flores (Ofcom) will speak on coming issues for the UK Communications regulator Ofcom, Martin Husovec (Tilburg University) on trends in IP intermediary liability, Emile Douilhet (CIPPM, Bournemouth University) on the regulation of data and privacy. Philip Schlesinger (University of Glasgow) will respond with a wider sociological take on regulation.

13.20 – Lunch

14.30 – Rethinking free uses

  • Claudy Op den Kamp (CIPPM, Bournemouth University) – chair
  • Christophe Geiger (CEIPI, University of Strasbourg), “‘Fair use’ through fundamental rights in the EU after the AG’s Opinion in Funke MedienPelham and Spiegel Online
  • Marc Mimler (CIPPM, Bournemouth University), “Exceptions as collision norms: looking at IP free uses through a socio-legal lens”
  • Ronan Deazley (Queen’s University Belfast), “Licensing the Archive, and other follies”
  • Bartolomeo Meletti (CREATe, University of Glasgow) – respondent 

15.50 – Break

16.15 –  Expanding the scope of IP protection: new rights, new subject matter

  • Dinusha Mendis (CIPPM, Bournemouth University) – chair
  • Ana Ramalho (Maastricht University): “IP rights in data?”
  • Thomas Margoni (CREATe, University of Glasgow) “The protection of sport event organisers – An unnecessary (proposed) addition to EU copyright law and its implications from a public policy perspective”
  • Martin Husovec (Tilburg University) “How Difficult Is It to Repeal New Intellectual Property Rights?”
  • Stavroula Karapapa (University of Reading) – respondent

17.40 – Concluding remarks

  • Maurizio Borghi
  • Roger Brownsword (Bournemouth University and King’s College, London)

18.00 – End

Venue and accommodation

The Executive Business Centre is located in Bournemouth, at 5 minutes walk from the train and bus station. When leaving the station, head to “Town Centre” and “Seafront”. You will see the building on your right (directions here).

Trains from London leave at every hour (.05) and half-past hour (.35) from Waterloo Station, and take about 2 hours (direction: Weymouth or Poole). (See train times and tickets here or here).

If you arrive by car, please ask the organizers to book a parking space for you at the Executive Business Centre. However, please note that parking space is limited.

The lovely seaside resort of Bournemouth offers a broad variety of accommodation. The following are in close range from the Executive Business Centre:

The Miramar Hotel

The Green House Hotel

Ramada Encore Hotel

Best Western Hotel Royale


The event is free to attend, however spaces are limited and registration is required. Please reserve your place via Eventbrite by clicking here:


For more details and for information about travel and accommodation please email Maurizio Borghi <> or Sally Weston <>


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