Reputation in European Trade Mark Law: A Re-examination

Under the harmonised European trade mark regime marks with a reputation enjoy expanded protection. This article casts doubt on whether this ‘reputational trigger’ can be justified. It then explores some difficult operational questions about the way the reputation threshold works in cases where the mark enjoys fame only in niche markets or in a limited geographical area, the aim being to illustrate further why reputation is an unsatisfactory trigger for a different type of trade mark protection. Finally, it looks at some of the evidential difficulties involved in adjudicating disputes in which expanded protection is being claimed. It concludes by suggesting that if the evidential problems we identify were tackled the reputation threshold could be abandoned

Particle-unstable nuclei in the Hartree-Fock theory

Ground state energies and decay widths of particle unstable nuclei are calculated within the Hartree-Fock approximation by performing a complex scaling of the many-body Hamiltonian. Through this transformation, the wave functions of the resonant states become square integrable. The method is implemented with Skyrme effective interactions. Several Skyrme parametrizations are tested on four unstable nuclei: 10He, 12O, 26O and 28O.Comment: 5 pages, LaTeX, submitted to Phys. Rev. Let

Defining authorship in user-generated content : copyright struggles in The Game of Thrones

The notion of authorship is a core element in antipiracy campaigns accompanying an emerging copyright regime, worldwide. These campaigns are built on discourses that aim to ‘problematize’ the issues of ‘legality’ of content downloading practices, ‘protection’ for content creators and the alleged damage caused to creators’ livelihood by piracy. Under these tensions, fandom both subverts such discourses, through sharing and production practices, and legitimizes industry’s mythology of an ‘original’ author. However, how is the notion of authorship constructed in the cooperative spaces of fandom? The article explores the most popular fandom sites of A Song of Ice and Fire, the book series that inspires the TV-show Game of Thrones and argues that the notion of authorship is not one-dimensional, but rather consists of attributes that develop across three processes: community building, the creative and the industrial/production process. Here, fandom constructs a figure of the ‘author’ which, although more complex than the one presented by the industry in its copyright/anti-piracy campaigns, maintains the status quo of regulatory frameworks based on the idea of a ‘primary’ creator

“Inventor”

LGBTIQ is an acronym for lesbian, gay, bisex, trans, intersex and queer/questioning people. Being an LGBTIQ person is not the prerequisite for acquiring a legal status, because it no longer assigns rights or new duties to those who carry these characteristics. For LGBTIQ people the law creates the conditions to overcome the obstacles to access to the rights and duties that are normally connected to the status that everyone can acquire. LGBTIQ people are taken into consideration in different ways by European law with the aim of pushing all EU Member States to protect them more

Forensic Technologies in Music Copyright

The essay explores some recent controversies in British music copyright through the evolving technologies used to perform or play music in the courtroom. While the conceptual tension between cases has caused doctrinal anxiety about the effect of popular music in copyright, the essay contends that the recent stream of music copyright cases can be considered from a historical perspective, taking into account the tools, materials and experts as they featured in court. In doing so, the essay connects a history of legal expertise to the emergence of new technologies while arguing that legal knowledge about music copyright was, in fact, stabilised in the courtroom

A Brokering Framework for Assessing Legal Risks in Big Data and the Cloud

“Cloud computing” and “Big Data” are amongst the most hyped-up terms and buzzwords of the moment. After decades in which individuals and companies used to host their data and applications using their own IT infrastructure, the world has seen the stunning transformation of the Internet. Major shifts occurred when these infrastructures began to be outsourced to public Cloud providers to match commercial expectations. Storing, sharing and transferring data and databases over the Internet is convenient, yet legal risks cannot be eliminated. Legal risk is a fast-growing area of research and covers various aspects of law. Current studies and research on Cloud computing legal risk assessment have been, however, limited in scope and focused mainly on security and privacy aspects. There is little systematic research on the risks, threats and impact of the legal issues inherent to database rights and “ownership” rights of data. Database rights seem to be outdated and there is a significant gap in the scientific literature when it comes to the understanding of how to apply its provisions in the Big Data era. This means that we need a whole new framework for understanding, protecting and sharing data in the Cloud. The scheme we propose in this chapter is based on a risk assessment-brokering framework that works side by side with Service Level Agreements (SLAs). This proposed framework will provide better control for Cloud users and will go a long way to increase confidence and reinforce trust in Cloud computing transactions