Works published in the CEIPI's Collection
The Intellectual property system in a time of change: European and International perspectives, edited by Christophe Geiger - CEIPI's Collection n°64 (2016)
Over the past decades the intellectual property system has witnessed significant changes due to new patterns of innovation and novel forms of creation. The challenges posed by the spread of new means of communication, the growth of international trade, the rise of development agendas related to global environmental, cultural and health concerns, have deeply influenced various areas where intellectual property matters. In order to adapt the intellectual property regime to this new context, important initiatives are underway at the European and international level, calling for collective reflection and debate.
This book presents reflections of high-ranking intellectual property officials and representatives of public institutions, renowned scholars in law and in economics, professionals and representatives of intellectual property rights intensive industries on the ways for future development of the European and international intellectual property systems in a globalized world. This volume of the books series results from the international conference celebrating the 50th anniversary of the Centre for International Intellectual Property Studies (CEIPI), organized in Strasbourg on the 27 and 28 November 2014 at the Council of Europe.
Contributors to the book include: Geoffrey Bailleux, Lionel Bently, Dan Burk, António Campinos, Trevor Cook, Jérôme Debrulle, Graeme Dinwoodie, Josef Drexl, Christoph Ernst, Christophe Geiger, Francis Gurry, Raimund Lutz, Elise Petit, Bruno van Pottelsberghe, Julia Reda, Pedro Roffe, Elke Van Rysselberge, Jens Schovsbo, Thierry Sueur, Antonius Tangena, Antony Taubman, Pierre Véron, Michel Vivant, Lanfen Wu, Conghui Yin, Xiang Yu.
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The functions of a trademark, essay on the coherence of the legal regime governing a distinctive sign, Yann Basire - CEIPI's Collection n°63 (2014)
Through the Court of Justice’s interpretation of the Trademarks Directive the function of the trademark has become a crucial subject of trademark law. The essential function of a trademark, which is to guarantee the identity of the origin of goods, is henceforth almost systematically appraised by Community and national judges at all stages of the life of a trademark. In 2009, the Court of Justice “discovered” four new functions: advertisement, investment, quality and communication. This progress has blurred the limits and boundaries of trademark law. The trademark, a business’s intangible asset, whose initial function is to make it possible to identify products or services, takes on loosely-defined functions, that are legally questionable, and commercial or consumerist. It is quite legitimate to question the role of the trademark today. Is it still the object of an intellectual property right that benefits its holder, or has it become a “complex” sign with multiple boundaries serving the consumer. This is the question that the present study intends to answer. The aim is to demonstrate the coherence of the legal regime of the most valuable and the most fascinating of distinctive signs.
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The right to one’s image, between personnality and intellectual property right, Théo Hassler - CEIPI's Collection n°62 (2013)
The French “droit à l’image” (right to one’s image) is no longer only a personality right. The commoditisation of images of people has led jurisprudence to adapt to this evolution: the use of an image as a resource implies that it has become an asset which could lead to a new sui generis intellectual property right. This development is the object of academic discussions; the consequences of the various possible classifications are, however, not only theoretical disputes since they have practical implications on the legal regime of image contracts. The objective of this work is to provide students as well as legal practitioners with an up to date study of positive law as well as to give an overview of a field that is rich in case law and that in France lacks recent monographs. This study is all the more necessary since French jurisprudence has considerably evolved under the influence of judgements rendered by the European Court of Human Rights concerning freedom of expression.
Intellectual Property Law in a Globalized World - In honor of professor Schmidt-Szalewski - CEIPI's Collection n°61 (2013)
Professor Joanna Schmidt-Szalewski dedicated her brilliant academic career to contract law, intellectual property law and to competition law. In 2009 after having been director of the Research Section of the Center for International Intellectual Property Studies (CEIPI), she was awarded the honorary title of Emeritus Professor of the University of Strasbourg. Professor Joanna Schmidt-Szalewski strove to direct her research and teaching toward international law, European Union law and comparative law in her areas of expertise. It is because of her interest in these fields that throughout her career she was invited to the most prestigious universities and research institutes of the world. Her colleagues and friends wished to pay tribute to her with this collective work that brings together contributions on intellectual property law. It is a field that, as she taught, reaches beyond national borders and must be thought of within a European and international framework.
The contribution of case-law to the construction of the intellectual property in Europe, CEIPI's Research department, edited by Christophe Geiger - CEIPI's Collection n°60 (2013)
The elaboration of European Intellectual Property Law is a work in progress. The Courts of the European Union, as well as the Boards of Appeal of the various European and Community Offices, are increasingly being asked to interpret different concepts of European law. Thereby, they contribute substantially to defining the contours of this emerging legal framework and are thus an important channel for harmonization. However, the guidelines provided by judges are not always clear, making it sometimes difficult to understand the exact scope of European Intellectual Property Legislation.
The aim of this collective work is to attempt an analysis of such case-law and to highlight its contribution to the European construction of copyright law, design law, trademark law (especially with regard to keywords advertising), patent law (in particular concerning the notion of patentable invention), plant varieties protection, geographical indications, and enforcement of intellectual property rights. The increased use of competition law and of fundamental rights in EU case-law in the field of intellectual property will also be addressed.
What Patent law for the European Union?, proceedings of the conference organized by the CEIPI at the European Parliament, April 26 and 27, 2012, edited by Christophe Geiger - CEIPI's Collection n°59 (2013)
The European Patent System stands at crossroads. Although an agreement on a European Union patent was expected, the creation of such an instrument ran up against several difficulties. As a consequence, the implementation of a European patent with “unitary effect” through the mechanism of enhanced co-operation was decided. At the same time, the Court of Justice of the European Union (the CJEU) issued a negative opinion on the legislative proposals to create a European Patent Court which, in turn, led to the adoption of a revised text that sparked major debates. The need to reflect on the future of the patent system in the European Union is felt as never before.
In this context, the Centre for International Intellectual Property Studies (CEIPI) brought together renowned academics, eminent professionals, judges, and institutional representatives active in the field of intellectual property for a conference on the topic “What Patent Law for the European Union?” held on 26 and 27 April 2012 at the European Parliament in Strasbourg.
This book presents the results of this important event and proposes areas for further consideration with a view to the development of an effective and balanced legal and judicial framework for patents within the European Union.
This book is up to date with the Regulation (EU) N° 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection and the Council Regulation (EU) N° 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of creation of unitary patent protection with regard to the applicable translation arrangements.
Civil Consequences of Infringement of Industrial Property Rights, Caroline Rodà - CEIPI's Collection n°58 (2012)
This book is the updated version of a doctorate thesis defended by Caroline Rodà at the University of Strasbourg under the supervision of Joanna Schmidt-Szalewski.
This study attempts to determine, on the one hand, whether Directive 2004/48/EC is likely to strengthen the respect for industrial property rights and, on the other hand, whether the initiative of the European authorities led to the harmonization of French, Belgian, Luxembourg, German and English law regarding the civil consequences of infringement of industrial property rights.
Computer creation : disruption of the intellectual property rights ? Essay on the coherence of rights, Franck Macrez - CEIPI's Collection n°57 (2011)
This book is the updated version of a doctorate thesis defended by Franck Macrez at the University of Montpellier under the supervision of Michel Vivant.
The influence of information technology on intellectual property law is undeniable. The breadth of its impact requires a global assessment, both from the point of view of the rights and the relevant creations. Copyright law, patent law and trademark law are concerned by the emergence of creations such as software, multimedia works or domain names.
It is important to assess the impact of these creations on the legal system and to determine whether this evolution has caused a disruption of intellectual property rights. Based on a critical approach, this implies an analysis of the extension of intellectual property protection, while evaluating its concrete consequences.
This phenomenon leads to a risk of overlap between different rights. The way they interact must be examined. The methodology underlying the concept of a legal system enables a general assessment of the evolution of the legal order, and the necessary coherence of the law constitutes a framework that shapes the transformations.
Challenges of trademark law in the 21st century, proceedings of the conference held in honour of Professor Yves Reboul, edited by Christophe Geiger, Associate Professor and General Director of CEIPI and Joanna Schmidt-Szalewski Professor emeritus at the University of Strasbourg and former head of the CEIPI Research Laboratory - CEIPI's Collection n°56 (2010)
Trademark law, like the rest of intellectual property law, is experiencing an unprecedented transformation at the begining of the 21st century. It faces new challenges that this collective work edited by Christophe Geiger, Associate Professor and General Director of CEIPI and Joanna Schmidt-Szalewski Professor emeritus at the University of Strasbourg and former head of the CEIPI Research Laboratory, proposes to study.