JournalTOCs

GRUR International
Number of Followers: 0

Full-text available via subscription

Subscription journal
ISSN (Print) 2632-8623 - ISSN (Online) 2632-8550
Published by Oxford University Press

[419 journals]

Basic and Improvement Patents in COVID-19 Vaccines
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Musso A.
  Pages: 393 - 394
  Abstract: While measures to disseminate COVID vaccine patented technologies (compulsory licences, waivers, etc.) are often discussed [cf. Andreas Oser, ‘The COVID-19 Pandemic: Stress Test for Intellectual Property and Pharmaceutical Laws’, GRUR International 2021, 846 ff.], a less examined issue is the relationship between basic and improvement patents in this field.
  PubDate: Wed, 16 Mar 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac022
  Issue No: Vol. 71, No. 5 (2022)
EU Digital Regulation 2022: Data Desiderata
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Picht P; Richter H.
  Pages: 395 - 402
  Abstract: AbstractWith the drafts of the Digital Markets Act (DMA), the Digital Services Act (DSA) and the Data Governance Act (DGA), the EU Commission presented three cornerstones of its digital regulation approach in November and December of 2020. This article looks at data transactions and focuses on four aspects which illustrate that the proposed Acts leave ample room for improvement in terms of the coherence and specificity of their respective rules: the specificity of data-related provisions; the role of FRAND in the Package context; the role of data intermediaries; and the upcoming Data Act. Beyond diagnosis, the article calls for an integrative approach and proposes improvements. It aims to spark a more intense discourse on data transactions under the Package.
  PubDate: Tue, 15 Mar 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac021
  Issue No: Vol. 71, No. 5 (2022)
Digitization of GLAM Collections and Copyright: Policy Paper
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Benhamou Y; Ferland J.
  Pages: 403 - 421
  Abstract: AbstractCopyright can be a major obstacle for cultural institutions regarding digitization and online accessibility, which ultimately leads to the under-exploitation of collections at the expense of society and to a need to support cultural heritage institutions with legislative and/or policy changes or at least clarifications. This contribution is a policy paper that aims to clarify the copyright law principles applicable to museum professionals dealing with digital cultural heritage worldwide, and to formulate policies to facilitate their digital activities. An initial version of this policy paper was published on a dedicated website and led to an international conference held in 2020 in Geneva. Although it is primarily addressed to museums, this policy paper may also serve as guidance to stakeholders in other areas dealing with digital cultural heritage, in particular Galleries, Libraries, Archives and Museums (GLAM). Part I proposes policies directed towards national and international policymakers. Parts II and III are directed towards cultural institutions, and set out a code of conduct that cultural institutions may follow when pursuing digitization and dissemination activities in order to comply with the actual state of the law and minimize the risks associated with these activities (Part II), and an alternative dispute resolution (ADR) procedure to help cultural institutions and rights holders identify issues and reach satisfactory solutions in disputes around digital activities (Part III).***
  PubDate: Fri, 15 Apr 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac024
  Issue No: Vol. 71, No. 5 (2022)
Patentability of Nanotechnology Inventions: A Study Based on Decisions by
the Examination Division of the European Patent Organisation, the
Opposition Division and the Technical Board of Appeal
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Vazhathodi M.
  Pages: 422 - 431
  Abstract: AbstractThe World Intellectual Property Organisation (WIPO) has identified nanotechnology as one of the prominent technologies of recent times (WIPO Magazine ‒ August 2011). Nanotechnology has a wide variety of applications in the field of medicine which are leading to the evolution of a new branch of medical science – nanomedicine. This involves using particles or materials within the size range of one nanometre and a thousand nanometres to diagnose, treat, and prevent various diseases. Biomedical nanotechnology, bionanotechnology, and nanomedicines are applications of nanotechnology in medicine and this article covers these three areas under the umbrella-term ‘nanomedicines.’ The European Union is a significant player in the wider nanotechnology market (including nanomedicines). At the European Patent Office (EPO), the number of nanotechnology patent applications (including nanomedicines) is increasing every year. The European Patent Convention (EPC) – the unified European patent system – came into existence in 1973. It provided patent protection for valid technologies according to the patentability criteria provided by EPC, and Art. 27(1) of TRIPS directs its signatories to offer patent protection for every technology equally. However, nanotechnology’s unique nature poses a threat to the existing patent law. This paper critically analyses certain decisions by the EPO and its Boards of Appeal considering the technological speciality of nanotechnology inventions with reference to nanomedicines.
  PubDate: Thu, 24 Feb 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac003
  Issue No: Vol. 71, No. 5 (2022)
China’s Antitrust Probe into the Platform Economy – A Comment
on the Alibaba Decision
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Xiao Y.
  Pages: 432 - 438
  Abstract: AbstractChina’s competition authority imposed a record fine against the largest domestic online platform operator Alibaba. The decision concludes that Alibaba abused its dominant position in the market for online retail platform services by prohibiting merchants from selling or participating in promotional events on rival platforms. This article provides an overview of the grounds of the decision and a detailed analysis in the context of China’s anti-monopoly regulations and guidelines for the platform sector. The Alibaba decision is well-structured and reasoned, but also leaves some open questions in its competitive assessment. In addition to the fine, the competition authority issued a guidance letter to Alibaba and initiated a three-year-long compliance monitoring. The penalty decision also has an industry-wide deterrent impact through the follow-up administrative supervisory meeting with major platform operators. The Alibaba decision marks a turning point in China’s antitrust interventions in the platform economy in the shift from a very tolerant and cautious approach towards a more proactive and stringent one.
  PubDate: Sat, 29 Jan 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikab179
  Issue No: Vol. 71, No. 5 (2022)
Digitization of Museum Collections and Copyright – Report on the
International Conference ‘When Museums Go Online’, University of
Geneva, 11 December 2020
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Bayrou A.
  Pages: 439 - 443
  Abstract: AbstractThe digitization of museum collections raises a number of legal issues in copyright, which museums are often not aware of or are unclear about. This International Conference, held at and led by the University of Geneva, aimed to clarify these copyright issues and strengthen the dialogue between professionals dealing with digital cultural heritage worldwide. This event also launched the Policy Paper ‘Digitization of Digital Cultural Heritage and Copyright’, which was drafted by a group of scholars from different universities and institutions, and has been published on a dedicated website. It contains policy recommendations to lawmakers and policymakers, as well as a code of conduct and an alternative dispute resolution mechanism addressed to museum professionals.
  PubDate: Mon, 17 Jan 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikab178
  Issue No: Vol. 71, No. 5 (2022)
Patent Extensions Deemed Unconstitutional for Violating the Right to
Health and the Social Function of Intellectual Property
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Pages: 444 - 446
  Abstract: Unconstitutionality of Patent Extensions
  PubDate: Fri, 28 Jan 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac004
  Issue No: Vol. 71, No. 5 (2022)
Pharmaceutical Invention Claiming a Specific Particle Size Distribution
Deemed Non-Obvious
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Pages: 447 - 455
  Abstract: Celecoxib
  PubDate: Tue, 08 Feb 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac005
  Issue No: Vol. 71, No. 5 (2022)
Exclusion of Technically Necessary Shapes
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Pages: 456 - 466
  Abstract: Nespresso
  PubDate: Tue, 22 Feb 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac017
  Issue No: Vol. 71, No. 5 (2022)
Copyright and Image Rights in Photo Shoots
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Pages: 467 - 470
  Abstract: Banire v NTA-STAR TV Network
  PubDate: Fri, 11 Mar 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac016
  Issue No: Vol. 71, No. 5 (2022)
Online Platform Liability for User Uploads
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Pages: 476 - 476
  Abstract: Frank Peterson v Google, YouTube/Elsevier v Cyando
  PubDate: Tue, 08 Feb 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac009
  Issue No: Vol. 71, No. 5 (2022)
Design Protection for Patented Products
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Pages: 477 - 481
  Abstract: Papierspender [Paper dispenser]
  PubDate: Tue, 15 Feb 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac008
  Issue No: Vol. 71, No. 5 (2022)
Lump-Sum Compensation Claimed by a Collective Management Organization
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Pages: 471 - 475
  Abstract: Lump-Sum Compensation
  PubDate: Sat, 13 Nov 2021 00:00:00 GMT
  DOI: 10.1093/grurint/ikab141
  Issue No: Vol. 71, No. 5 (2021)