Category Archives: European Private Law
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 […]
Hen and Morriss, ‘Grafting Civil Law Private Foundations onto the Common Law’
ABSTRACT This Article examines the puzzle of why over twenty common law jurisdictions have adopted the civil law private foundation, a phenomenon that traditional legal transplant theory cannot fully explain. We introduce and develop the concept of ‘legal grafting’ to describe this process: a practitioner-driven, selective importation of foreign legal features that are then attached […]
Yasin Alperen Karaşahin, ‘Wedding gifts in Turkish law’
ABSTRACT In Turkish weddings, the gifts usually consist of golden items that are liquid assets and can have a substantial value. Until recently, it was the constant case law of the Turkish Court of Cassation that they were owned by the woman regardless of who gave it to whom. This case law, which could be […]
Giuseppe Colangelo, ‘Lost in Translation? Injunctions and Patent Enforcement in a Transatlantic Perspective’
ABSTRACT As the European Directive on the Enforcement of Intellectual Property Rights (IPRED) marked the twentieth anniversary of its adoption, renewed calls have emerged for its revision, aimed at fostering a more effective application of the principle of proportionality in patent enforcement. Proponents of reform argue that injunctive relief continues to be granted in an […]
Bas, Sáiz and Zofío, ‘What Doesn’t Kill You Makes You Stronger: On the Determinants of Trademark Survivability over the Long Term’
ABSTRACT Purpose: Brands and trademarks are rather different in essence but complementary phenomena in practice. Trademarks provide legal protection to brands, representing a concrete and measurable asset. They are strategic for brand managers, but they have been relatively neglected in branding studies. This paper aims to delve into an entire trademark registry of a Western […]
Becker and Dove, ‘The EU GDPR and secondary use of health and genetic data for research support purposes’
ABSTRACT Under European Union law, the processing of health and genetic data, which are special categories of personal data under the General Data Protection Regulation (GDPR), is prohibited under Article 9(1) GDPR unless at least one of the 10 exemptions under Article 9(2) is fulfilled. A common interpretation among legal commentators and policymakers is that […]
Jie Ouyang, ‘Turning EU Consumer Law Against Itself? Taking Stock of the EU’s Sustainable Consumption Strategy’
ABSTRACT The escalating ecological impact of private consumption has generated growing momentum among policymakers to promote sustainable consumption. This article critically assesses the EU’s strategy for sustainable consumption within the broader political economy of the Union. Grounded in the information paradigm, the EU’s primary approach has been to empower ethical individual choice to drive market […]
Stefania Fusco, ‘The Enduring Value Of Copyright Harmonization’
ABSTRACT Since the beginning of the Berne Convention negotiations, numerous countries have sought to ensure copyright harmonization in addition to the protection of foreign authors. The objective of these efforts has been to guarantee that authors, independently of their national origin, receive protection from unauthorized copying in foreign jurisdictions, which was a common practice at […]