Category Archives: European Private Law
Christian Twigg-Flesner, ‘The Obsolescence of Consumer Law: A UK Perspective’
ABSTRACT This paper examines several dimensions of obsolescence applied to consumer law, with a particular focus on consumer law. The extent to which consumer law in general might be obsolete is test by examining its scope of application, its underlying rationale, and its evolution as a derogation from general contract law. A second dimension is […]
Yann Conti, ‘Post-Mortem Data Protection in the Digital Age: A Necessity for Human Dignity?’
ABSTRACT The rise of digital society raises new questions about the status of the digital remains of deceased individuals. Recent literature argues that such remains require protection similar to that afforded to bodily remains, due to their connection to personal identity. By framing post-mortem privacy as an essential component of human dignity, we show that […]
Lai and Barclay, ‘Design law for the technical versus affective designs’
ABSTRACT This paper explores the interplay between intellectual property and gender in modern design law and practice, with a focus on the New Zealand Designs Act 1953 and references to Australian, United Kingdom and European Union law. It highlights how law and practice favour technical, utilitarian design principles (that coded masculine), but neglect the dynamic, […]
Nicholas Mouttotos, ‘A Requiem for the “Illusion” of Consent in Consumer Contracts?’
INTRODUCTION At a time when artificial intelligence (AI) is developing rapidly, AI agents are projected to do much of the work on behalf of consumers, which involves not only product/service comparisons, but also making transactional decisions. Online travel firms are developing ‘AI-powered travel budd[ies]’ that will be entrusted with customers’ credit cards and make the […]
Dominik Światkowski, ‘Mechanisms for resolving online copyright disputes: a comparative analysis of EU and common law systems in search of an optimal model’
INTRODUCTION The rapid growth of platforms hosting and disseminating user-generated content has rendered disputes over online copyright infringement a matter of central importance. Alongside judicial proceedings, a range of out-of-court mechanisms operate in practice, including notice-and-takedown and complaint-and-redress procedures. While these mechanisms are often viewed as mere administrative tools, they in fact constitute a procedural […]
Pravalika Surakanti, ‘Fading Prestige: A Comparative Analysis of Trademark Dilution’s Impact on Luxury Fashion Brands in the United States and European Union’
ABSTRACT The paper focuses on the concept of trademark dilution in relation to luxury fashion brands in international markets. Focusing on the United States and the European Union, it will look at the different approaches these regions take and how certain holdups in dilution law affect fashion companies’ global brand protection strategies. The paper looks […]
Kramer, Ucin and Dori, ‘Challenges to access to civil justice in Europe’
ABSTRACT The right of access to justice, as guaranteed by human right conventions, has evolved under the influence of the changing role of the state. This chapter examines recent trends and assesses how access to justice plays out in EU policy and legislation in the area of civil justice. After delving into policy considerations it […]
Fatima Azizli, ‘AI-Generated Content and Copyright Law: Legal Gaps and Future Perspectives’
ABSTRACT Generative artificial intelligence (‘generative AI’) has placed sustained pressure on the doctrinal foundations of copyright: authorship, originality, and enforceability. This Article compares the United States and the European Union, and identifies persistent regulatory gaps arising from (i) indeterminate thresholds for human creative control in AI-assisted outputs; (ii) liability misalignment across a multi-actor production chain […]
Luis Porangaba, ‘Future (of) Trade Mark Functions’
ABSTRACT This chapter proposes that a research agenda for the coming years is more productively framed in terms of the future of trade mark functions. Rather than attempting to exhaustively define existing functions or predict others that may (never) come into existence, recent developments steer the debate in another direction. In particular, recent CJEU judgments […]
Farr, Owen and Bhalekar, ‘UK Consumer Protection and the Debate for Reform in Medical Device Liability’
ABSTRACT The long-stop rule, under the UK Consumer Protection Act (CPA) 1987, imposes a 10-year limitation period for product liability claims, providing legal certainty for manufacturers and consumers. However, this timeframe is increasingly problematic in the case of medical devices, particularly implantable ones, which can fail decades after implantation. This review considers an extension to […]