UK Patent Law and Copyright Law After Brexit - Potential Consequences

This paper examines the areas of patent law and copyright law in the context of Britain’s exit from the European Union, or “Brexit.” Although neither area of intellectual property (IP) is fully harmonized, the United Kingdom’s exit from the European Union could nonetheless have a sizable impact on both sets of rights. For patents, Brexit could lead the United Kingdom to diverge from EU principles on biotechnology and supplementary protection certificates, and also puts the United Kingdom’s role in the new Unified Patent Court (UPC) system into doubt. In the area of copyright, the United Kingdom could use Brexit as an opportunity to move away from EU standards, including the key definitions of originality and parody. Ultimately, however, this paper argues that the slogan “take back control” is unlikely to lead to dramatic changes in the IP field. Both the European Union and the United Kingdom will likely seek to retain a great deal of regulatory convergence and cooperation over IP

Copyright, Contract and FOSS

Over the course of this chapter three crucial aspects of the law’s relationship with FOSS licenses are reviewed. Firstly, a comparison of the licenses themselves is outlined with particular regard to copyright provisions. In this respect, it is noted that while there is a great diversity of FOSS licenses, the licenses broadly fall into one of three categories – ‘no copyleft’, ‘weak copyleft’ and ‘strong copyleft’. Secondly, the debate over enforcement is discussed, focusing on the question of whether these licenses typically operate as ‘bare licenses’ or whether they are in fact ‘contracts’. This is an important issue because different legal consequences flow with regard to each category. Moreover, this is an issue which is difficult to resolve given the fact that FOSS typically operates online, across national boundaries, while different legal rules apply in various national jurisdictions. Thirdly, the compatibility of the most significant FOSS licenses is examined

From Brand Performance to Consumer Performativity: Assessing European Trade Mark Law after the Rise of Anthropological Marketing

Since the 2009 CJEU decision in L’Oréal v Bellure the idea that a brand's image is the property of the trade mark owner has become increasingly entrenched within European trade mark law. Brand image is now protected even where there is no harm to the underlying mark. However, the courts have largely failed to acknowledge the radical ways in which the marketplace for goods bearing trade marks has changed during the past three decades. One key shift is that businesses and marketers no longer view the brand creation process from a top-down 'brand performance' perspective, but rather via the prisms of 'anthropological marketing' and 'consumer performativity'. By taking an interdisciplinary approach this article dissects this process of brand creation in the context of European trade mark law, and argues that the law must take account of consumer agency when the question of who should own brand image arises

Standard Essential Patents and the Internet of Things

This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, assesses the European Commission of (EC) Communication of 29 November 2017 on the EU approach to Standard Essential Patents. The report examines the principles identified in the Communication with respect to the Commission’s proposals on (i) increasing transparency on SEPs; (ii) determining valuation of SEPs( Standard Essential Patents) and FRAND ( Fair, Reasonable, and Non-Discriminatory) terms; and (iii) enforcement. The report evaluates the efficient resolution of licensing disputes over FRAND, including via litigation, arbitration and mediation, licensing pools and collective licensing. The current document also puts forward some policy recommendations to, inter alia, enhance the general environment of FRAND licencing in the context of SEPs