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Full-Text Articles in Law
Swedish Copyright Evergreens Mini-Maglite?, Hans Henrik Lidgard
Swedish Copyright Evergreens Mini-Maglite?, Hans Henrik Lidgard
Hans Henrik Lidgard
In April 2009 the Swedish Supreme Court recognized copyright protection for the Mini-Maglite® torch as “artware” without any requirement for a special expression level. The overall impression of the well known Mini-Maglite torch was held to be different from other similar torches.The Court held that it displayed a sufficient degree of independence and originality despite the fact that the functional design properties of the torch are neither new nor original. This article investigates the intersection between different IPR rules in Sweden and certain other European countries and the possible extent of the copyright legislation. It concludes that the Swedish position …
The Cfi Microsoft Judgment And Trips Competition Flexibilities, Hans Henrik Lidgard, Tu T. Nguyen
The Cfi Microsoft Judgment And Trips Competition Flexibilities, Hans Henrik Lidgard, Tu T. Nguyen
Hans Henrik Lidgard
The CFI Microsoft judgment is a first by any court of a WTO Member, disregarding the competition rules in the TRIPS Agreement to justify the application of domestic competition law to the exercise of IPRs. TRIPS allow WTO Members to enact and apply national competition law to IPR-related anti-competitive practices. The position of the CFI finds support in this fact. Still, it is regretted that the CFI did not invoke the TRIPS competition rules in justifying the Commission’s decision to force Microsoft to supply interoperability information. The article considers the consequences of the European position and the effects of TRIPS …