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GRUR International
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ISSN (Print) 2632-8623 - ISSN (Online) 2632-8550
Published by Oxford University Press

[424 journals]

When Trade Mark Law Functions Doctrine Preempts Unfair Competition Law
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  Pages: 325 - 326
  Abstract: The interface of national unfair competition laws and protection under intellectual property rights is a much-debated topic among scholars and practitioners in Europe. Overlap-discussions about trade marks are put at the forefront, with both trade mark law and national unfair competition laws regulating both market behaviour and how an undertaking communicates its goods and services in the market. However, the two sets of rules have somewhat different purposes. In simple terms, trade mark law is intended to ensure the mark acts as a link between an undertaking that sells goods and services and the relevant market, while the primary function of unfair competition rules is to ensure that competition between traders does not take place in a disloyal manner.
  PubDate: Fri, 03 Mar 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad021
  Issue No: Vol. 72, No. 4 (2023)
Unfair Commercial Practices and Individual Consumer Claims for Damages –
The Transposition of Art. 11a UCP Directive in Germany and Austria
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  Pages: 327 - 336
  Abstract: AbstractArticle 11a(1) UCP Directive obliges the Member States to provide individual rights for consumers harmed by unfair commercial practices. This new provision is intended to ensure that consumers have access to proportionate and effective remedies, including compensation for damage suffered and, where relevant, a price reduction or the termination of the contract. Although the laws against unfair competition in Germany and Austria have similar basic structures, the transposition of Art. 11a(1) UCP Directive shows some significant differences in the way national law provides individual protection for consumers. The legal systems in Germany and Austria are confronted with challenges both in the correct transposition of Art. 11a(1) UCP Directive and the incorporation of individual consumer claims for damages into the structures of domestic law. This article intends both to give a first overview and also to attempt to answer some of the open questions.
  PubDate: Sat, 18 Feb 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikac152
  Issue No: Vol. 72, No. 4 (2023)
Data Access under the Draft Data Act, Competition Law and the DMA: Opening
the Data Treasures for Cowmpetition and Innovation'
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  Pages: 337 - 356
  Abstract: AbstractIn the ongoing transformation from ‘industrial capitalism’ towards an ‘informational capitalism’, one of the core challenges is for the law to design and enforce an appropriate legal framework for access to and use of data. Focusing on access to data generated by the use of products or online services (product and online services usage data), the aim of this paper is to describe and systematize the core elements of this legal framework in the making and to provide some guidance on how it could be further developed. Access by the users of products or online services to the individual-level data that their usage generates must be distinguished from access to bundled individual-level and aggregated data by third parties. With regard to data co-generators’ access to individual-level product usage data, the Draft Data Act proposes to create new rights to access that will become part of a new private law infrastructure of data rights. These access rights are granted independently of whether the data holder is dominant. With regard to data co-generators’ access to individual-level services usage data, the Digital Markets Act (DMA) establishes rights of access only vis-à-vis gatekeepers within the meaning of the DMA. Third-party undertakings who request access to bundled individual-level or aggregated data can, as of now, only base their claim on Art. 102 of the Treaty on the Functioning of the European Union (TFEU) and – in the case of search data – on Art. 6(11) DMA. A regulatory approach has been proposed as an alternative. This paper strives to systematize this hodgepodge of approaches and discern the broader principles that can guide the legislature in creating and fleshing out the legal framework for data. Ideally, markets for bundled individual level or aggregated data will emerge based on the rights of data co-generators to access individual-level data. For this to happen, data intermediaries will have to play a larger role and succeed in bundling and marketing such data.
  PubDate: Wed, 08 Mar 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad012
  Issue No: Vol. 72, No. 4 (2023)
The New A(I)rt Movement and Its Copyright Protection: Immoral or
E-Moral'
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  Pages: 357 - 363
  Abstract: AbstractArtificial intelligence (‘AI’) has left few well-established laws and norms unchallenged, and copyright is not an exception. Nowadays art can be created by algorithms and continental Europe’s copyright law ‒ which inter alia includes Greece ‒ no longer seems fit for purpose, persisting as it does in searching for a human behind each creative outcome. This paper aims to analyse the issues algorithmic generated art brings in terms of copyright protection, and to explain why the current legislation and proposed solutions are inadequate to resolve them. Inspired by a theory already applicable in Germany in certain civil law cases, this paper will then propose a new twofold sui generis right that includes a new, partial e-moral right and a sui generis economic right. The paper will then explain how this proposed sui generis right manages to avoid potential pitfalls from granting legal personhood to AI, while letting humans reap the financial benefits.
  PubDate: Thu, 02 Feb 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikac153
  Issue No: Vol. 72, No. 4 (2023)
Mexican Federal Law for the Protection of Cultural Heritage of Indigenous
and Afro-Mexican Peoples and Communities
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  Pages: 364 - 375
  Abstract: AbstractThe present work analyses the new Mexican Federal Law for the Protection of Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities (Mexican sui generis law) against the benchmarks provided by the literature specialized in traditional knowledge (TK), traditional cultural expressions (TCEs) and genetic resources (GE). Having identified the elements that should be taken into consideration by any sui generis law, the work examines the consistency between them and the newly approved Mexican statute.
  PubDate: Mon, 23 Jan 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikac146
  Issue No: Vol. 72, No. 4 (2023)
Suspension of Infringement Proceedings in Case of Restriction of Patent
Claims
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  Pages: 376 - 381
  Abstract: Medication injection pen
  PubDate: Fri, 06 Jan 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikac115
  Issue No: Vol. 72, No. 4 (2023)
The Ownership of an Ensemble’s Trade Mark
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  Pages: 382 - 389
  Abstract: VANEMÕDE
  PubDate: Wed, 08 Mar 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad010
  Issue No: Vol. 72, No. 4 (2023)
Evaluation of Trade Mark Right Exhaustion
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  Pages: 390 - 391
  Abstract: Hennessy et al. v LB11
  PubDate: Fri, 17 Feb 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad004
  Issue No: Vol. 72, No. 4 (2023)
Distinctions Between Exercising Trade Mark Rights Against Infringement and
an Abuse of Rights
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  Pages: 397 - 398
  Abstract: T* App
  PubDate: Fri, 17 Feb 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikac130
  Issue No: Vol. 72, No. 4 (2023)
Video-Sharing Platforms’ Appropriate Technological Measures to
Counter Copyright Infringements
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  Pages: 399 - 414
  Abstract: YouTube II
  PubDate: Wed, 22 Feb 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikac147
  Issue No: Vol. 72, No. 4 (2023)
Abuse of Dominance by Using Administrative Procedures to Delay Entry of
Generic Drugs
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  Pages: 415 - 426
  Abstract: Janssen-Cilag and Johnson & Johnson v the President of the Competition Authority and Others
  PubDate: Wed, 08 Mar 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad016
  Issue No: Vol. 72, No. 4 (2023)
A Domain Name’s Necessary Distance Maintained from Others’ Distinctive
Signs to Avoid Confusion
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  Pages: 392 - 396
  Abstract: RSP Rail Service Partner SA v A.__ SA, formerly B.__ AG
  PubDate: Thu, 01 Dec 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac126
  Issue No: Vol. 72, No. 4 (2022)
Limitations to the Publication of the Image of Well-Known Persons
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  Pages: 427 - 431
  Abstract: Portrait of well-known persons
  PubDate: Fri, 18 Nov 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac128
  Issue No: Vol. 72, No. 4 (2022)