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Articles 1 - 28 of 28
Full-Text Articles in Law
What Can Intellectual Property Law Learn From Happiness Research?, Estelle Derclaye
What Can Intellectual Property Law Learn From Happiness Research?, Estelle Derclaye
Estelle Derclaye
As the description of the 2012 ATRIP congress’s theme highlights, traditionally, scholars have used historical, doctrinal or comparative analyses, law and economics, political economy or philosophy, to discuss intellectual property law. Other methods such as empirical analysis, international relations, and human development are more recent. This paper looks at intellectual property law in a new way namely through the angle of happiness or well-being research. The field of happiness research is not that recent but strangely, so far, happiness researchers have hardly discussed the relationship between well-being and technology despite the pervasive role of the latter in contemporary society. Likewise, …
Eudemonic Intellectual Property:Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye
Eudemonic Intellectual Property:Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye
Estelle Derclaye
The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is theincentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Article next shows that the progress ideology rests on assumptions that are either wrong or impossible to prove and therefore propounds that it must be abandoned, or if not, …
The Role Of Copyright In The Protection Of The Environment And The Fight Against Climate Change: Is The Current Copyright System Adequate?, Estelle Derclaye
The Role Of Copyright In The Protection Of The Environment And The Fight Against Climate Change: Is The Current Copyright System Adequate?, Estelle Derclaye
Estelle Derclaye
At first sight, it may not seem like copyright plays a role in the fight against climate change and more generally the protection of the environment. But in many ways, it does, and it does so with, maybe surprisingly, quite some importance. Indeed, copyright works can be extremely varied. In the environmental field, they can range from eco-friendly architectural plans and buildings, literature (e.g. scientific articles, newspaper or magazine articles, instruction manuals detailing processes that accomplish environmental benefits), charts, diagrams, maps, photographs, even films, about the weather, climate, the size of glaciers, etc., to software and databases used for forecast …
Recent French Decisions On Database Protection: Towards A More Consistent And Compliant Approach With The Court Of Justice’S Case Law?, Estelle Derclaye
Recent French Decisions On Database Protection: Towards A More Consistent And Compliant Approach With The Court Of Justice’S Case Law?, Estelle Derclaye
Estelle Derclaye
Since the official date of implementation of the Database Directive , namely the 1 January 1998, 14 years have now already passed. During this decade and a half, French courts have handed down around 30 decisions on database protection. Between 1998 and 2004, the year when the Court of Justice of the European Union (CJEU) handed down its first four parallel rulings on the sui generis right , the French case law on the sui generis right was quite erratic. Admittedly, such state of affairs was not dissimilar in other Member States owing to the sheer novelty of the sui …
Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown
Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown
Estelle Derclaye
No abstract provided.
Not Only Innovation But Also Collaboration, Funding, Goodwill And Commitment: Which Role For Patent Laws In Postcopenhagen Climate Change Action, Estelle Derclaye
Not Only Innovation But Also Collaboration, Funding, Goodwill And Commitment: Which Role For Patent Laws In Postcopenhagen Climate Change Action, Estelle Derclaye
Estelle Derclaye
Patent laws can do their bit to help reduce our greenhouse gas emissions. In 2009, accelerated grant procedures and reduction of fees have been put in place by among others the UK and US patent offices. Private initiatives such as the eco-patent commons to licence technology free of charge have been taken. But greening patent law is only a small part of the solution. However well-intentioned all these initiatives are, for several reasons, they may not be sufficient or even at all used. More than intellectual property-related solutions, what will be needed is non-intellectual property-related solutions such as using technology …
La Belgique : Un Pays De Cocagne Pour Les Créateurs De Dessins Et Modèles ?, Estelle Derclaye
La Belgique : Un Pays De Cocagne Pour Les Créateurs De Dessins Et Modèles ?, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Copyright And Cultural Heritage - Transcripts From Bileta Conference 30 March 2009, Estelle Derclaye
Copyright And Cultural Heritage - Transcripts From Bileta Conference 30 March 2009, Estelle Derclaye
Estelle Derclaye
This file comprises the comments made by the panelists at the conference I organised on 30 March 2009 on copyright and cultural heritage. They can be read together and are referred to in E. Derclaye (ed), Copyright and Cultural Heritage: Preservation and Access to Works in a Digital World, E. Elgar Publishing, Cheltemham/Northampton, 2010.
Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye
Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Flashing Badge Co Ltd V Groves: A Step Forward In The Clarification Of The Copyright/Design Interface, Estelle Derclaye
Flashing Badge Co Ltd V Groves: A Step Forward In The Clarification Of The Copyright/Design Interface, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Intellectual Property Rights And Global Warming, Estelle Derclaye
Intellectual Property Rights And Global Warming, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Does The Directive On The Re-Use Of Public Sector Information Affect The State’S Database Sui Generis Right?, Estelle Derclaye
Does The Directive On The Re-Use Of Public Sector Information Affect The State’S Database Sui Generis Right?, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Copyright Reform In The Eu, Estelle Derclaye
Exploitation Of Databases, Intellectual Property, Competition Law And The Sport Industry: A Missed Goal?, Estelle Derclaye
Exploitation Of Databases, Intellectual Property, Competition Law And The Sport Industry: A Missed Goal?, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Can And Should Misappropriation Also Protect Databases? A Comparative Approach, Estelle Derclaye
Can And Should Misappropriation Also Protect Databases? A Comparative Approach, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye
Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye
Estelle Derclaye
No abstract provided.
One On The Nose For Bellure: French Appellate Court Confirms That Perfumes Are Copyright Protected, Estelle Derclaye
One On The Nose For Bellure: French Appellate Court Confirms That Perfumes Are Copyright Protected, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Ecj Clarifies Collecting Societies Rights In Relation To The Cable Retransmission Right But Leaves Some Questions Unanswered, Estelle Derclaye
Ecj Clarifies Collecting Societies Rights In Relation To The Cable Retransmission Right But Leaves Some Questions Unanswered, Estelle Derclaye
Estelle Derclaye
No abstract provided.
An Economic Analysis Of The Contractual Protection Of Databases, Estelle Derclaye
An Economic Analysis Of The Contractual Protection Of Databases, Estelle Derclaye
Estelle Derclaye
No abstract provided.
The Belgian Copyright Act Finally Revamped With The Implementation Of The Copyright Directive (2001/29): The Good, The Bad And The Ugly, Estelle Derclaye
The Belgian Copyright Act Finally Revamped With The Implementation Of The Copyright Directive (2001/29): The Good, The Bad And The Ugly, Estelle Derclaye
Estelle Derclaye
No abstract provided.
What Is The Database Sui Generis Right?, Estelle Derclaye
What Is The Database Sui Generis Right?, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Databases Sui Generis Right: Should We Adopt The Spin Off Theory, Estelle Derclaye
Databases Sui Generis Right: Should We Adopt The Spin Off Theory, Estelle Derclaye
Estelle Derclaye
No abstract provided.
The Ims Health Decision: A Triple Victory, Estelle Derclaye
The Ims Health Decision: A Triple Victory, Estelle Derclaye
Estelle Derclaye
No abstract provided.
The Ims Health Decision: A Triple Victory, Estelle Derclaye
The Ims Health Decision: A Triple Victory, Estelle Derclaye
Estelle Derclaye
No abstract provided.
The British Unregistered Design Right: Will It Survive Its New Community Counterpart To Influence Future European Case Law?, Estelle Derclaye
The British Unregistered Design Right: Will It Survive Its New Community Counterpart To Influence Future European Case Law?, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Do Sections 3 And 3a Of The Cdpa Violate The Database Directive? A Closer Look At The Definition Of A Database In The U.K. And Its Compatibility With European Law, Estelle Derclaye
Do Sections 3 And 3a Of The Cdpa Violate The Database Directive? A Closer Look At The Definition Of A Database In The U.K. And Its Compatibility With European Law, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Software Copyright Protection: Can Europe Learn From American Case Law?, Estelle Derclaye
Software Copyright Protection: Can Europe Learn From American Case Law?, Estelle Derclaye
Estelle Derclaye
No abstract provided.