Design Litigation in the EU Member States: Are Overlaps With Other Intellectual Property Rights and Unfair Competition Problematic and Are SMEs Benefiting From the EU Design Legal Framework?

2020 ◽  
Author(s):  
Oliver Church ◽  
Estelle Derclaye ◽  
Gilles Stupfler
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
Unfair Competition ◽  
Member States ◽  
Eu Member States ◽  
The Eu

An Overview of Intellectual Property Rights and Systems

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Values ◽  
Social Value ◽  
Member States ◽  
The Public ◽  
15Th Century ◽  
International Commitments ◽  
The Eu

This chapter considers the nature, aims, and values of intellectual property (IP) rights and systems. It traces the emergence of statutory IP laws in Europe from the 15th century as means of facilitating and rewarding the introduction to the public of certain intangible expressive and informational objects of social value, and the different IP philosophies that they reflect. It then considers the IP rights and systems of European and UK law today, and their vesting of temporary exclusive rights in respect of different categories of ‘intellectual creation’, broadly conceived. The EU is presented as seeking, through its recognition and protection of IP rights, to build on the traditions of its Member States in a manner that is consistent with both its international commitments and its particular economic and social values and aims. The result of this objective is considered, along with certain distinctions of importance to IP rights and systems.

scholarly journals Is the EU human rights legal framework able to cope with discriminatory AI?

2021 ◽  
pp. 1-14
Author(s):  
Pablo Martínez Ramil
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Training Data ◽  
Machine Learning Techniques ◽  
Indirect Discrimination ◽  
Proportionality Test ◽  
The Eu

The challenges introduced by AI for the EU anti-discrimination legal framework have been a widely discussed topic among the doctrine. In the light of the 20th anniversary of the EU Charter of Fundamental Rights, the Commission released a regulatory proposal to tackle AI. This paper seeks to determine whether the proposal successfully addresses the existent pitfalls of the EU framework. First, this paper explores the functioning of AI systems that employ machine learning techniques and determines how discrimination takes place. Second, the article examines intellectual property rights as one of the main barriers for accountability and redressal of violations committed by an AI system. Third, the state of the discussion concerning the pitfalls of the existent EU approach towards non-discrimination is addressed. The available academic literature suggests that discriminatory outputs produced by an AI will amount to indirect discrimination in most scenarios. In this sense, cases of indirect proxy discrimination will likely pass the proportionality test, therefore justifying the discriminatory output. The last section of this article studies the Commission’s regulatory proposal. Although the document seems to effectively tackle discrimination caused by biased training data sets, this paper concludes that intellectual property rights and proxy discrimination still constitute significant barriers for the enforcement of anti-discrimination law.

Protection of Intellectual Property Rights: Towards Harmonisation of Ukrainian and EU Law

2021 ◽  
Vol 10 (1-2) ◽  
pp. 221-240
Author(s):  
Volodymyr M. Kossak ◽  
Ihor Ye. Yakubivskyi ◽  
Mykola V. Oprysko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
Practical Implementation ◽  
Association Agreement ◽  
The One ◽  
Protecting Intellectual Property ◽  
Ownership Rights ◽  
The Eu

Abstract The article analyses the civil law means of protecting the ownership rights to intellectual property from the standpoint of Ukrainian law and practice. The focus is on those means of protecting intellectual property rights envisaged by the Association Agreement between the EU and the eaec and their Member States, of the one part, and Ukraine, of the other part, and outlines the prospects for their practical implementation within the legal framework of Ukraine. Among the means of protecting intellectual property rights, prohibition of the misuse of intellectual property in a specific way is considered. The paper also analyses the ways of protecting intellectual property rights, which are aimed at restoring the situation that existed prior to their violation, in particular, the removal from the civil circulation of goods manufactured or put into civil circulation, thus causing a violation of intellectual property rights, and subsequent destruction of such goods.

Protecting User Interfaces

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
User Interfaces ◽  
Patent Protection ◽  
The United States ◽  
Graphical User Interfaces ◽  
Unfair Competition ◽  
European Patent ◽  
Intellectual Property Rights Protection

This chapter examines the scope of protection to which graphical user interfaces may be eligible under various intellectual property rights: namely, trade marks, unfair-competition laws, design rights, copyright, and patents. It first considers the extent of copyright protection over a software product’s ‘look-and-feel’ elements, with particular emphasis on graphical user interfaces protection under US and EU laws. It then discusses trade-mark, trade-dress, and unfair-competition protection for graphical user interfaces, along with intellectual property rights protection for design patents and registered designs. Finally, it describes the patent protection for graphical user interfaces in the United States and at the European Patent Office.

scholarly journals Public procurement and innovation

ERA Forum ◽  
2021 ◽  
Author(s):  
Roberto Caranta ◽  
Pedro Cerqueira Gomes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Procurement ◽  
Member States ◽  
State Aids

AbstractInnovation has come to the forefront of EU public procurement. Directive 2014/24/EU has given contracting authorities in the Member States a new award procedure to pursue innovation, namely the innovation partnership. Still a number of issues remain open, notably concerning the allocation of intellectual property rights that may call for the application of State aids rules. Further guidance is thus expected from the Commission.

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