Publications

Marcella Favale: “Robots as the New Judges: Copyright, Hate Speech and Platforms”

Posted . Filed under Creative Industries, Emergent Technologies, Publications.

Favale M., Robots as the New Judges: Copyright, Hate Speech and Platforms (2022) 44(8) European Intellectual Property Review, pp. 461 – 471 On the 16th of October 2020, a middle-school teacher, Samuel Paty, was beheaded by a terrorist who would not know of his existence if not for a number of videos posted on social… Read more » about Marcella Favale: “Robots as the New Judges: Copyright, Hate Speech and Platforms”

Reto M. Hilty, Pedro Henrique D. Batista, and Suelen Carls: “Traditional knowledge, databases and prior art: Options for an effective defensive use of TK against undue patent granting”

Posted . Filed under IP for Global Sustainability, Publications.

Reto M. Hilty, Pedro Henrique D. Batista, and Suelen Carls, ‘Traditional knowledge, databases and prior art: Options for an effective defensive use of TK against undue patent granting’ in Stamatoudi I., (ed), Research Handbook on Intellectual Property and Cultural Heritage (Edward Elgar, 2022) pp. 132-153 The defensive protection of traditional knowledge (TK) is one of the… Read more » about Reto M. Hilty, Pedro Henrique D. Batista, and Suelen Carls: “Traditional knowledge, databases and prior art: Options for an effective defensive use of TK against undue patent granting”

Melanie Brown: “Exploring Article 8 of the Copyright Directive: Hope for Cultural Heritage”

Posted . Filed under Cultural Heritage, Publications, Working papers.

Working Paper No. 04-2020 June 2020 Article 8 of the EU Directive on Copyright in the Digital Single Market addresses an issue that the cultural heritage sector has been struggling with for a long time: the exploitation of out of commerce works. Article 8(1) enables CHIs to agree non-exclusive licenses for non-commercial purposes with collective… Read more » about Melanie Brown: “Exploring Article 8 of the Copyright Directive: Hope for Cultural Heritage”

Marcella Favale: “The role of the CJEU in the development of EU copyright law: an empirical experience”

Posted . Filed under Publications, UK EU IP Policy, Working papers.

Working Paper No. 03-2020 May 2020 The Court of Justice of the European Union has an undiscussed role in shaping EU Governance. Evidence-based policy has grown crucial to inform worldwide governance, and therefore demand for empirical studies is raising. However, empirical methods applied to legal reasoning are challenging, for the inherent nuanced nature of this… Read more » about Marcella Favale: “The role of the CJEU in the development of EU copyright law: an empirical experience”

Maria Lillà Montagnani: “Virtues and Perils of Algorithmic Enforcement and Content Regulation in the EU – A Toolkit for a Balanced Algorithmic Copyright Enforcement”

Posted . Filed under Emergent Technologies, Publications, UK EU IP Policy, Working papers.

Working Paper No. 02-2020 April 2020 Within the recent European policies and actions on illegal content, a trend towards algorithmic enforcement of content regulation has emerged. Regardless of the nature of the content, hard and soft law provisions more or less explicitly require online platforms to resort to technological systems to comply with the law…. Read more » about Maria Lillà Montagnani: “Virtues and Perils of Algorithmic Enforcement and Content Regulation in the EU – A Toolkit for a Balanced Algorithmic Copyright Enforcement”