Re-examining the Could-Would Approach in the Age of AI-Assisted Invention: A...
AI-assisted inventive processes are nothing new. Nonetheless, the rise of generative AI and the leap in technological advancements, at least doctrinally, threaten the could-would approach within the...
View ArticleTackling Deepfakes through Copyright: An inadequate approach?
The present blogpost discusses and evaluates the recent legislative proposals that seek to employ copyright as a tool to combat deepfakes online. The proliferation of Deepfakes Deepfakes, understood...
View ArticleVideo games, a sui generis category of works under EU intellectual property law?
This post explores the legal qualification of videogames within the current EU framework of intellectual property law. It considers whether a clear legal definition should be given to reflect their...
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‘Part’ or ‘component part’ in EU design law – comPARTmentalising terminology...
Under the EU Design Regulation (‘EUDR’) and the Design Directive (recast) (‘DD recast’), design protection is envisioned not only for products, but also for parts of products (Art. 3(1) EUDR and Art....
View ArticleData access vs. data re-use: can the open data movement survive in the CJEU?
Discussions around open data and re-use of public sector information (PSI) have increased and occupy a central role in the European Data Strategy. As a central part of this debate, one should...
View ArticleNFT platforms and the DGA: Navigating a legal grey area
This blogpost explores the application of the DGA to NFT platforms, focusing on their potential exclusion as ‘’copyright intermediaries’’ under Art 2(11)(b) DGA. It argues that, due to ambiguous...
View ArticleBalancing the Scales: Navigating text and data mining, awaiting standardisation
In September 2024, the Hamburg Regional Court ruled on the machine-readability of text and data mining opt-outs. It is the first judgement in the EU tackling this question in the context of an AI...
View ArticleThe Return of CC-Plus: A Necessary Step for AI and Copyright?
Creative Commons licenses provide artists and creative industries with a variety of options for sharing content freely online. A closer look at the licensing practices enabled by the CC-Plus protocol...
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A Closer Look to the Repair Clause Under the New EU Design Package
Contrary to other Intellectual Property (‘IP’) rights, substantive Community/EU design law integrates provisions that are aimed at liberalising the spare part market of complex products for repair...
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“Mint or miss? Determining liability for NFT platforms in the EU’’
NFT platforms are central actors in NFT ecosystems, allowing users to mint and trade their digital tokens. While it is widely recognised that NFTs can infringe the IP rights of third parties, the...
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New study: Improving access to, and reuse of, research results, publications...
A new study by the European Commission on “Improving access to and reuse of research results, publications and data for scientific purposes” has recently been published. The study, prepared by a...
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Enforcing Copyright infringement in the age of blockchain: challenges on the...
The rise of blockchain technology and NFTs, alongside their prominent role in Web 3.0, have opened the floodgates for copyright infringement. This leads to question whether blockchain’s decentralised,...
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Only September Chills for Radiator Grilles – Non-Original Spare Parts and the...
On 25 January 2024, the Court of Justice of the European Union (‘CJEU’ or the ‘Court’) delivered its long-awaited decision in the case of Audi AG v. CQ. While Advocate-General (‘AG’) Medina delivered...
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Insights from the Möbius Project: Unveiling the Copyright Implications of...
This blog post examines the copyright implications of online creation and sharing of literary content in the EU, drawing insights from the Möbius Project. It explores copyright ownership,...
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The Production of 3D Digital Assets with NeRF: An Opportunity for the EU TDM...
Three-dimensional (3D) digital assets are essential to virtual spaces of various kinds. They can be used in media, such as films or video games, in industrial contexts such as digital twins, or in...
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The latest chapter in the DABUS saga and the need to address pressing issues...
Following the trend of recent administrative decisions on AI-generated inventions, Brazil’s PTO (INPI) affirmed that an AI system cannot be considered an inventor. However, this is not the only...
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False positives over false negatives: Advocate General Saugmandsgaard rules...
On 15 July 2021, Advocate General Saugmandsgaard delivered his much-expected Opinion in the case of Poland v Parliament and Council. In his Opinion, Advocate General Saugmandsgaard concluded that the...
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False positives over false negatives: Advocate General Saugmandsgaard rules...
On 15 July 2021, Advocate General Saugmandsgaard delivered his much-expected Opinion in the case of Poland v Parliament and Council. In his Opinion, Advocate General Saugmandsgaard concluded that the...
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A Close Look at European Data Spaces and Usage Control: DRM for Data?
If one has been paying attention to the European Commission’s most recent plans for digital Europe, it is hard to miss the term “data space”. Indeed, contributions to this blog have addressed the...
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Italian variations on the press publishers’ related right’s theme
A lively debate on the related right of press publishers continues in the European Union. Introduced in the Directive on Copyright in the Digital Single Market in 2019, the right entitles press...
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