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GRUR International
Number of Followers: 3

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

[425 journals]

Licensing as an Effective Dispute Settlement Tool
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  Pages: 819 - 820
  Abstract: IP licensing is traditionally used for various purposes, such as to raise capital, expand market reach, or enable an alternative manufacturing source. The terms of an IP license agreement can vary widely but typically include the scope of the license, the territory in which the license is valid, the duration of the license, the royalty rate, the payment terms, and dispute resolution procedures, among others.
  PubDate: Wed, 09 Aug 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad079
  Issue No: Vol. 72, No. 9 (2023)
Potential and Limits of Patent Law to Address Climate Change
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  Pages: 821 - 839
  Abstract: AbstractThe challenges imposed by climate change urgently require new technologies to reduce environmental damage and make more efficient use of natural resources. Patent law is generally considered an important tool to promote innovation. The question therefore arises as to its role with regard to sustainable inventions, in particular whether there is a need for adjustments to increase its efficiency, but also concerning the interaction with other regulatory measures. This article offers a critical overview of the range of options for state intervention and distinguishes different types of market failure that need to be prevented in different ways.
  PubDate: Wed, 19 Jul 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad066
  Issue No: Vol. 72, No. 9 (2023)
Freedom of Expression as a Rationale for IP Protection
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  Pages: 840 - 852
  Abstract: AbstractThis article revisits the discussion on the rationales for intellectual property (IP) protection by addressing a particular justificatory theory for IP that had come to the forefront of legal discussions in recent years – the theory based on freedom of expression and information. This modern vision of IP focuses on the communicative nature of IP subject-matter and of IP as a legal regime. Firstly, this article reviews the Kantian theory of copyright that lies at the origins of any modern discussions on the communicative nature of IP regulation with the aim of answering whether IP should be more properly conceived as the system for regulating communication. It then looks at the readings of this theory by contemporary copyright scholars and considers applicability of the communicative theory to other areas of IP such as trademarks and patents. The analysis then proceeds towards looking at the freedom of expression dimension of the ‘classic’ IP theories. Reflecting on this matter is important as the rationales for IP protection influence virtually all spheres of IP’s legal regulation, including – first and foremost – the reach of IP holders’ entitlements.
  PubDate: Tue, 25 Jul 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad071
  Issue No: Vol. 72, No. 9 (2023)
Regulatory Issues of Data and Algorithms for the Data-Driven Economy
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  Pages: 853 - 863
  Abstract: AbstractData and algorithms are the lifeblood of the data-driven economy. Big data and big algo are bringing new challenges and legal issues to the fore. This article deals with some aspects of these issues and tries to put forward an analytical framework for typifying, securing access to and use of data, and ultimately maximizing the generation and flow of data. This article then deals with algorithms and endeavours to propose six principles for auditing algorithms and a brand new international governance framework for algorithms and their auditing via a treaty and relevant mechanisms.
  PubDate: Fri, 04 Aug 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad070
  Issue No: Vol. 72, No. 9 (2023)
Position Statement of the Max Planck Institute for Innovation and
Competition of 2 May 2023 on the Implementation of the Digital Markets Act
(DMA)
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  Pages: 864 - 875
  Abstract: AbstractThe Max Planck Institute for Innovation and Competition is a research institute within the Max Planck Society for the Advancement of Science. The Institute is committed to fundamental legal and economic research on processes of innovation and competition and their regulation. Its research focus is on the incentives, determinants and implications of innovation. The Institute informs and guides legal and economic discourse on an impartial basis. It hereby provides its position on the implementation of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act; DMA).
  PubDate: Thu, 27 Jul 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad067
  Issue No: Vol. 72, No. 9 (2023)
Competition Law Limits to Enforcing Patent Rights
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  Pages: 876 - 880
  Abstract: RICOH Toner Cartridge I
  PubDate: Wed, 09 Aug 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad069
  Issue No: Vol. 72, No. 9 (2023)
Assessing Damages for Plant Variety Rights Infringement
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  Pages: 881 - 889
  Abstract: Shenzhen Jingu Meixiang Industrial Co., Ltd. v Hefei Wanfeng Seed Co., Ltd.
  PubDate: Wed, 09 Aug 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad078
  Issue No: Vol. 72, No. 9 (2023)
Parody as an Exception to Copyright and Trade Mark Protection
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  Pages: 893 - 901
  Abstract: Zorro
  PubDate: Sat, 24 Jun 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad057
  Issue No: Vol. 72, No. 9 (2023)
Damages Claims in Information Exchange Agreements
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  Pages: 902 - 915
  Abstract: Schlecker
  PubDate: Wed, 26 Jul 2023 00:00:00 GMT
  DOI: 10.1093/grurint/ikad065
  Issue No: Vol. 72, No. 9 (2023)
Requirements for Establishing the Existence of a Concrete Competitive
Relationship
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  Pages: 890 - 892
  Abstract: Zweitmarkt für Lebensversicherungen II [Secondary Market for Life Insurance Policies II]
  PubDate: Mon, 19 Dec 2022 00:00:00 GMT
  DOI: 10.1093/grurint/ikac113
  Issue No: Vol. 72, No. 9 (2022)