IP provisions of the EU-Central America Association Agreement and development issues

The recent Association Agreement signed between the European Union and Central American countries contains important intellectual property provisions. Some of these provisions have been inserted in the treaty to meet Central American states' needs, especially with reference to technology transfer issues, the protection of public health and the protection of genetic resources and traditional knowledge

Graffiti, Street Art and Copyright

This short note examines whether street and graffiti art can and should be protected by copyright. Indeed, cases where corporations have used these forms of art to promote their products are increasingly common, which shows that these artworks are particularly vulnerable to misappropriation. In addition to expanding on whether tags and throw-ups can be considered original enough to attract copyright, I will focus on whether unsanctioned street and graffiti art deserve such legal protection and in general on artists and writers’ attitude towards copyright. The note also draws from semi-structured interviews I’ve recently conducted with several street artists and writers

Street Art, Graffiti and the Moral Right of Integrity: Can Artists Oppose the Destruction and Removal of their Works?

The relatively recent boom of street art and graffiti in many cities around the world animates and brings attention to the debate around their conservation. Can artists within these communities use the legal tools offered by moral rights laws to preserve their art? This note addresses this issue and, in particular, expands on whether street artists and graffiti writers can rely on moral rights regimes to prevent the destruction or removal of their works. It does so by looking at recent cases, especially in the US, where artists have started lawsuits aimed at preserving their street pieces or anyhow objecting to their erasure. The note also partially draws on semi-structured interviews I have conducted with several street artists and graffiti writers, whom I asked questions about whether they nurture interest in taking legal action for the above purposes

Brexit Implications for Geographical Indications for Food and Beverages

Considers how Brexit may affect protection of geographical indications (GI) for food and beverages in the UK. Reviews the remaining uncertainties, the scope for supplementary protection through passing off actions, the position of European GIs in the UK, the possible impact of a UK-US trade agreement, and whether the Comprehensive Economic and Trade Agreement between Canada and the European Union 2016 offers a GI model for future UK-EU relations

File Sharing, Copyright and Freedom of Speech

The article explores the relationship between copyright and freedom of speech in the Internet environment. After highlighting the constitutional dimension of these conflicting rights, the phenomenon of file sharing and the role of Internet Service Providers (ISPs), the author analyzes the debate surrounding a particular sanction used in certain jurisdictions to punish unauthorized on line sharing of copyrighted material, i.e. the disconnection of Internet access. The increasingly important role played by private agreements between copyright holders and ISPs is also highlighted. A set of proposals aiming at identifying possible areas of freedom for unauthorized file sharers are then analyzed. In particular, the author believes that file sharing technologies may boost the exchange of information, opinions and ideas amongst Internet users and foster a number of values underpinning the very protection of free speech. It is for this reason – the author argues - that copyright rules might be relaxed when it comes to file sharing technologies, e.g. by transforming copyright from a “proprietary” to a “compensation” right

Supplementary Protection certificates for Plant Protection Products and Provisional Marketing Authorisation: The ECJ's Decision in Lovells v. Bayer

On 11 November 2011 the European Court of Justice (ECJ) rendered a decision regarding supplementary protection certificates (SPCs) for plant protection products and provisional marketing authorisation. The ECJ clarified that SPCs for patented plant protection products may also be based on provisional marketing authorizations pursuant to Article 8(1) Directive 91/114

Plain Packaging of Tobacco Products under EU Intellectual Property Law

Plain packaging is a new, yet unapplied, tobacco control policy tool. It would remove from cigarettes boxes all fancy and design elements displayed on packaging, such elements usually being registered by tobacco manufacturers as trade marks. The article explores the compatibility of this new measure with EU intellectual property law (in particular with trade mark and design law) as well as with the fundamental rights provisions enshrined in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union

Are Brands Untouchable? How Availability and Use of Trademarks Can Be Restricted for Furthering Public Interests

Are brands untouchable? Do commercial enterprises have complete freedom to register and use any kind of trademark? Can public authorities prohibit the registration and use of signs under certain circumstances? This article tries to provide some answers to these questions. It does so by looking at several national and international provisions and case law regarding the bans on registration of disputable trademarks such as immoral or scandalous signs as well as at regulatory measures aimed at prohibiting or restricting the use of signs in connection with (what are increasingly considered) harmful products including alcohol, certain foodstuffs and tobacco (particular attention is devoted to plain packaging of cigarettes, health warnings and other packaging-related measures). The paper argues that trademarks are indeed “touchable” and economic operators can be prevented from registering and using certain brands on public interests grounds. It concludes that what trademark registrations offer their owners is not a positive right to use the brand, but just a negative right to prevent others from exploiting it (ius excludendi alios): which, in particular, allows states to lawfully restrict use of trademarks for protecting public interests. Similarities between the bans on registration of controversial brands and regulatory measures affecting trademarks’ use are also highlighted. The scope of the paper’s analysis is not limited to just one jusridiction. It instead takes into account several legal systems such as the European Union, the United Kingdom, the United States, and Australia. Significant number of cases and measures from these and other countries are analysed