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  • 101.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    General Court Finds 'CHIARA FERRAGNI' Not Confusingly Similar to 'CHIARA'2019In: Journal of Intellectual Property Law and Practice, Vol. 14, no 9, p. 659-660Article in journal (Other academic)
  • 102.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Happy 20th birthday, InfoSoc Directive!2021In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540, Vol. 16, no 3, p. 191-192Article in journal (Other academic)
  • 103.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    IP outside the textbook: Professional networking activities in the IP curriculum2022In: Teaching Intellectual Property Law: Strategy and Management / [ed] Sabine Jacques; Ruth Soetendorp, Edward Elgar Publishing, 2022Chapter in book (Refereed)
    Abstract [en]

    This chapter considers why and how professional networking activities could be integrated in an intellectual property (IP) law curriculum. It also reviews some of the ways in which this could be done, including: guest lectures, meetings with professionals, practical sessions/tutorials and job experience placements/internships, organization of and participation in conferences and events, and the writing and publishing of journal articles. The chapter concludes that a combination of some of these activities may allow students to gain a deeper understanding of IP law and further develop their transferable skills.

  • 104.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    IPR and Data: Is EU Copyright Now Fit For Purpose?2019Conference paper (Other academic)
  • 105.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Is harmonization good if the end result is even more fragmentation? The case of Article 15 CDSMD and the exclusion for ‘very short extracts’2024In: The Cambridge Handbook of Media law in Europe (Cambridge University Press: in press) / [ed] M Senftleben - T McGonagle - K Irion, Cambridge University Press, 2024Chapter in book (Refereed)
    Abstract [en]

    Further to a complex and admittedly contentious legislative process, the press publishers' right in Article 15 CDSMD (Directive 2019/790) was adopted. The rationale supporting EU intervention is multi-fold. Recital 54 links the introduction of Article 15 to the need to facilitate press publishers when licensing the use of press publications to providers of ‘new online services’. This, in turn, would serve to support a ‘free and pluralist press’ in its function ‘to ensure quality journalism and citizens’ access to information’. Contributing to the realization of a ‘fair marketplace’ (recital 3) is one of the key objectives of the CDSMD: recital 55 is rooted within an idea of fairness in the part in which it stresses the need to acknowledge ‘[t]he organisational and financial contribution of publishers in producing press publications’. This – in turn – would serve to ‘foster the availability of reliable information’.

    Following the expiry of the deadline for the national transpositions of the CDSMD on 7 June 2021 and with the vast majority of Member States having transposed its provisions, including Article 15, the state of copyright harmonization in the post-CDSMD landscape returns a fragmented if not altogether depressing image. With specific regard to the national transpositions of the press publishers’ right, some countries have opted to provide their own definitions of certain key concepts in the EU provision that are instead to be intended as autonomous concepts of EU law (e.g., beneficiaries, addressees, exclusions), while other have opted for problematic modalities through which the right is to be exercised.

    By focusing on the exclusion for ‘very short extracts’ of press publications in the fourth sub-paragraph of Article 15(1) and considering some selected national transpositions thereof, this chapter seeks to investigate: (i) whether the fragmentation resulting from the national transpositions of the exclusion for ‘very short extracts’ as a case study for the transposition of Article 15 as a whole will ultimately allow achieving the underlying objectives thereof; and (ii) whether certain national transposition approaches are to be held incompatible with EU law and, should the answer be in the negative, what the solutions for that could be.

    The chapter is structured as follows: Section 2 considers the EU preemption doctrine as applied to copyright provisions and identifies Article 15 CDSMD as a provision that requires a minimalistic transposition in national law. Section 3 reviews selected national transpositions of Article 15 with specific regard to the exclusion for ‘very short extracts’, the goal being not to provide an exhaustive overview of all Member States’ legislations, but rather to identify problematic approaches in the fulfilment of Member States’ own obligations under EU law. Section 4 considers the consequences of incorrect transpositions of Article 15. Section 5 concludes. Ultimately the questions posed in the title of the chapter (Is harmonization good if the end result is even more fragmentation?) is answered in the sense that harmonization is necessary but, where the instrument chosen is a directive, it is imperative that national legislatures correctly interpret and act within the freedom afforded to them under EU law.

  • 106.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Is liability coming? Recent Copyright Case Law and Its Effects on UUC Platforms2019Conference paper (Other academic)
  • 107.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Italian court rules against Dolce&Gabbana in a case concerning unauthorized use of Maradona’s name on a jersey2020In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540, Vol. 15, no 3, p. 160-160Article in journal (Other academic)
    Abstract [en]

    Milan Court of First Instance, Case 41088/2017, decision 11374/2019, 9 December 2019

    In a decision issued in late 2019, the Milan Court of First Instance has ruled that the unauthorized use, by fashion house Dolce&Gabbana, of former footballer Diego Armando Maradona’s name on a jersey infringed his image rights.

    In 2017, Maradona brought legal proceedings against Dolce&Gabbana in relation to the unauthorized use, by the latter, of his name on a jersey worn by a model during a fashion show held in Naples in 2009. The jersey, which was sold neither before nor after the show, carried the number ‘10’, ie the same number used by Maradona while at Napoli football club. It also displayed the same...

  • 108.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Italian Supreme Court applies CJEU Cofemel decision to makeup store layoutIn: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540Article in journal (Refereed)
    Abstract [en]

    Applying the decision of the Court of Justice of the European Union (CJEU) in Cofemel, C-683/17, EU:C:2019:721 for the first time in a case concerning copyright in a store layout, the Italian Supreme Court held that protection only arises upon the work being original, without it also necessarily producing a visually relevant effect.

  • 109.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Linking and copyright in the shade of VG Bild-KunstIn: Common market law review, ISSN 0165-0750, E-ISSN 1875-8320Article in journal (Refereed)
    Abstract [en]

    In VG Bild-Kunst, the Grand Chamber of the ECJ has expressly held, for the first time, that

    linking to a copyright work lawfully published on a third-party website may be restricted

    through contract and not solely through technical restrictions on access (for instance, a

    paywall). To this end, however, the concerned rightholder is required to adopt or mandate

    the adoption of effective technological measures. Lacking these, an unauthorised act of

    linking shall not be infringing. The judgment has important implications for the construction

    of the right of communication to the public in the InfoSoc Directive 2001/29 and its

    application to online scenarios, as well as for the interpretation of provisions in other EU

    copyright directives, including the DSM Directive 2019/790. It also raises questions

    regarding the compatibility of the Court’s reasoning with key tenets of copyright law, such

    as the no formalities rule in the Berne Convention, and the prohibition of exhaustion of this

    economic right.

  • 110.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Linking and copyright in the shade of VG Bild-Kunst2021In: Common market law review, ISSN 0165-0750, E-ISSN 1875-8320, Vol. 58, no 6, p. 1875-1894Article in journal (Refereed)
  • 111.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Material, Personal and Geographic Scope of Online Intermediaries’ Removal Obligations beyond Glawischnig-Piesczek, C-18/18 and Defamation2019In: European intellectual property review, ISSN 0142-0461, Vol. 41, no 11, p. 672-682Article in journal (Refereed)
    Abstract [en]

    In Glawischnig-Piesczek, C-18/18, the CJEU has been asked to provide guidance on the breadth and scope of Article 15 of the E-commerce Directive, and thereby address the removal obligations of an online intermediary (eligible for the hosting safe harbour) as arising from an injunction obtained against it. In his Opinion, AG Szpunar advised that Article 15 does not prohibit a court from ordering an intermediary to seek out and remove all content identical to that found illegal in relation to all users of its platform, as well as content equivalent to that found illegal, though the latter only in relation to the original user/poster. Equivalent information disseminated by other users should be removed when an intermediary becomes aware of it through a notification made by the concerned person, third parties or another source (as Article 14 of the E-commerce Directive in any event envisions). The Opinion also submits that, in principle, a court or authority considering an application for an injunction based on an unharmonized national right might order removal worldwide.Like AG Szpunar’s Opinion, this contribution submits that national courts or authorities should undertake a close scrutiny when issuing injunctions against intermediaries, envisage time limitations for them, and monitor their effects. This said, the approach recommended in relation to the material and personal scope of removal obligations might be hardly workable in practice without also entailing a general monitoring obligation on the side of the relevant intermediary. In any case, it should be possible for the subject who posted the original information found illegal, users of the services provided by the intermediary targeted by the injunction, and the intermediary alike to intervene to vary or discharge the order issued. In addition, the potential availability of worldwide injunctions based on unharmonized rights – as envisaged in the Opinion – is problematic, also from a policy standpoint. As such, it should be considered extrema ratio.

  • 112.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    No step-free copyright exceptions: The role of the three-step in defining permitted uses of protected content (including TDM for AI-training purposes)2024In: European intellectual property review, ISSN 0142-0461Article in journal (Refereed)
    Abstract [en]

    International instruments providing for exceptions and limitations (“E&Ls”) to copyright and related rights invariably refer to the three-step test (“3ST”). The requirement that permitted uses of copyright works and protected subject-matter be limited to certain special cases, which do not conflict with a normal exploitation thereof and do not unreasonably prejudice the legitimate interests of the concerned rightholder is found in regional legislation and several national copyright statutes too. Yet, the meaning, scope of application, and addressees of the 3ST remain – still today – the subject of uncertainty and diverging views. A debated issue is whether a court, having established that the relevant conditions of an applicable E&L under national law are prima facie satisfied, is also required to assess if the unauthorized act in question passes the 3ST to determine if that particular act is in fact outside the control of the concerned rightholder. This study addresses this question, which is ultimately answered in the affirmative.

    As international, regional and national practices alike indicate, the 3ST is not only binding upon national (and, where relevant, regional) legislatures, but also courts when interpreting and applying domestic copyright statutes. That is so irrespective of whether the relevant copyright statute expressly refers to the language of the 3ST. By also considering as a case study – though the relevant conclusions hold true for any E&L and any system of E&Ls (whether open-ended or closed) – unlicensed text and data mining (“TDM”) practices and related E&Ls in selected jurisdictions in Asia and Europe, the study shows that national courts tasked with determining if an available TDM E&L is applicable in a certain case are also required to assess if the requirements of the 3ST are fulfilled given the circumstances at hand.

    The analysis is structured as follows. Part 1 is devoted to the 3ST as found in international law: it reviews relevant history, rationale, and scope of application before turning to its application in practice. Part 2 considers the 3ST as found in regional (EU) and national law. With regard to the former, it discusses case law of the Court of Justice of the European Union, which clearly imposes an obligation upon national courts also to consider the 3ST when deciding on the applicability of a potentially available E&L under national law. Turning to the latter, a review of selected national experiences is conducted, which demonstrates how the consideration of the 3ST is not only necessary for courts in jurisdictions whose relevant statutes expressly refer to it, but also in jurisdictions where no specific mention is found in legislative instruments. Part 3 adopts purpose-specific E&Ls allowing TDM as a case study for a review of E&Ls in light of the international/regional three-step. In this sense, the focus is on the experience of selected jurisdictions in Asia (Japan and Singapore) and Europe (UK and EU). Part 4 discusses how national courts in those jurisdictions shall be required to interpret and apply national E&Ls for TDM in order to construe them in a way that satisfies the relevant requirements thereunder. Part 5 reflects on the broader implications of the analysis conducted in the preceding parts, by considering the applicability of the 3ST to any E&L and to any system of E&Ls (closed/open-ended) and the function of the 3ST more generally to ensure that a fair balance is struck between the requirement to ensure a high level of protection of intellectual property and copyright, on the one hand, and third-party fundamental rights and interests, on the other.

    The main conclusion is that the 3ST informs (a) the drafting and construction of E&Ls, (b) their implementation into domestic law, and (c) their application in practice. In turn, it is not sufficient for a court to consider whether the relevant conditions of a given E&L are satisfied: that court must also review whether the unauthorized use of a copyright work or other protected subject-matter may exclude liability of the defendant in light of the requirement that an E&L is limited to certain special cases, which do not conflict with the normal exploitation of the protected content at hand and do not unreasonably prejudice the legitimate interests of the rightholder. All this is further confirmed by the consideration that the 3ST is a fundamental mechanism that contributes to ensuring – in compliance with international, regional and national laws alike – that a fair balance is struck between protection of copyright and related rights, on the one hand, and third-party rights and legitimate interests, on the other. Failure to consider the 3ST on the side of either legislatures or courts implies that no fair balance may be fully achieved, including having regard to the development of generative AI.

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  • 113.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Round-up of CJEU copyright decisions in 20192020In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540, Vol. 15, no 4, p. 264-275Article in journal (Refereed)
    Abstract [en]

    In 2019, the Court of Justice of the European Union (CJEU) delivered six judgments specifically in the copyright field, which touched upon a number of topical issues, including: economic rights, exceptions and limitations, copyright subsistence, the interplay between copyright and other fundamental rights, and the freedom that individual EU Member States enjoy in areas that have been harmonized at the EU level.

    This article provides an analysis of the CJEU judgments issued in the period 1 January – 31 December 2019, also outlining the relevant implications thereof.

  • 114.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law. Bird & Bird.
    Round-up of CJEU copyright decisions in 20202021In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540, Vol. 16, no 6, p. 527-533Article in journal (Refereed)
    Abstract [en]
    • In 2020, the Court of Justice of the European Union (CJEU) delivered five judgments specifically in the copyright field. They touch upon a number of topical issues, notably copyright substance and rights of authors (right of communication to the public) and performers.
    • This article provides an analysis of the CJEU judgments issued in the period 1 January—31 December 2020, also outlining the relevant implications thereof.
  • 115.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law. Bird & Bird, Sweden.
    Round-up of CJEU copyright decisions in 20212022In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540Article in journal (Refereed)
    Abstract [en]

    In 2021, the CJEU delivered five judgments specifically in the copyright field. They touch upon the following issues: right of communication/making available to the public under the InfoSoc Directive 2001/29 (VG Bild-Kunst, Mircom, and YouTube/Cyando), database (sui generis) right under the Database Directive 96/9 (CV-Online Latvia), and decompilation of computer programs under the Software Directive 91/250 (now Software Directive 2009/24) (Top System).

    This article provides an analysis of the CJEU judgments above, also outlining the relevant implications thereof.

  • 116.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Targeting Accepted as a Criterion to Establish International Jurisdiction in Online EU Trade Mark Infringement Cases2019In: Journal of Intellectual Property Law and Practice, Vol. 14, no 12, p. 926-927Article in journal (Other academic)
  • 117.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Tell me what you C: Chanel loses monogram battle against HuaweiIn: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540Article in journal (Refereed)
    Abstract [en]

    In dismissing Chanel’s appeal, the General Court has confirmed that (i) any comparison between trade marks must be undertaken having regard to how these have been registered or applied for and that (ii) the actual or potential use of a trade mark in another form is irrelevant for the purpose of comparison.

  • 118.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    The absolute ground for refusal or invalidity in Article 7(1)(e)(iii) EUTMR/4(1)(e)(iii) EUTMD: in search of the exclusion’s own substantial value2020In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540, Vol. 15, no 2, p. 103-122Article in journal (Refereed)
    Abstract [en]

    Among the absolute grounds for refusal or invalidity in EU trade mark law, there is one for signs that consist exclusively of ‘the shape, or another characteristic, which gives substantial value to the goods’.

    The ‘substantial value’ exclusion has received relatively limited attention and practical application. Some commentators have called for its abolition on consideration that other, clearer absolute grounds may perform its role without giving rise to those issues linked to its uncertain meaning and scope.

    This contribution reviews relevant EU case law on the substantial value ground in order to define rationales, scope and functions thereof. It submits that the substantial value ground performs a role—primarily that of preventing or limiting a distortion of the role of trade mark registration—which cannot be subsumed in other grounds. However, clearer guidance on certain fundamental aspects, including the role of the average consumer, reputation and the relevance of the behaviour of the trade mark applicant/owner, is still required.

  • 119.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    The Direct Liability of Intermediaries2020In: The Oxford Handbook of Intermediary Liability Online / [ed] Giancarlo Frosio, Oxford University Press, 2020Chapter in book (Other academic)
    Abstract [en]

    This chapter discusses one of the most relevant developments in respect of online intermediaries, which concerns their direct (primary)—rather than just secondary—liability in relation to user activities, including user-uploaded content. The Court of Justice of the European Union (CJEU) has expressly envisaged the possibility of direct liability for copyright infringement in the context of its increasingly expansive case law on the right of communication to the public within Article 3(1) of Directive 2001/29, including the 2017 decision in C-610/15 Stichting Brein (The Pirate Bay case). This chapter explains how the CJEU has come to consider the possibility of direct liability of intermediaries in relation to user activities and undertakes a reflection on the implications of said approach, also including the possibility of extending the reasoning in Stichting Brein to less egregious scenarios than the Pirate Bay.

  • 120.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    The DSM Directive 2 years on: do things ever get easier?In: IIC-International Review of Industrial Property and Copyright Law, ISSN 0018-9855, E-ISSN 2195-0237Article in journal (Refereed)
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  • 121.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    The DSM Directive Two Years On: Do Things Ever Get Easier?2021In: IIC-International Review of Industrial Property and Copyright Law, ISSN 0018-9855, E-ISSN 2195-0237, Vol. 52, no 9, p. 1139-1142Article in journal (Other academic)
  • 122.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    The making of EU copyright law: building blocks, current appearance,and future transformations2023In: Research Handbook on EU Internet Law / [ed] Andrej Savin; Jan Trzaskowski, Edward Elgar Publishing, 2023, 2, p. 178-192Chapter in book (Refereed)
    Abstract [en]

    This chapter provides an overview of the EU copyright harmonization project, from its inception in the late 1980s to the present days. It reflects on the rationales of harmonization and discusses the interplay between the EU legislature and the Court of Justice of the European Union. At the time of writing, some Member States have yet to transpose the latest addition to the EU copyright acquis: the Directive on copyright and related rights in the digital single market (Directive 2019/790). In this respect, this chapter also offers some remarks regarding national transposition approaches.

  • 123.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    The role, responsibility and liability of online intermediaries under EU IP law2024In: Routledge Handbook of Fashion Law / [ed] Eleonora Rosati and Irene Calboli, Routledge, 2024Chapter in book (Refereed)
    Abstract [en]

    Over the past several years, the role of online intermediaries has become central in rightholders’ enforcement efforts. In parallel with this rising prominence, the role and responsibilities of online intermediaries have undergone a significant evolution. On the one hand, safe harbour regimes and, correspondingly, notice-and takedown systems have made their way into the legislation of several countries around the world. On the other hand, a trend has emerged¾particularly in Europe¾towards a greater responsibilization of online intermediaries. This has unfolded in two key ways. The first has been through the availability of injunctions against online intermediaries irrespective of any liability thereof: the types and content of such orders have been shaped by courts, also in response to technological advancements and the emergence of new infringing modalities. The second has been the consideration that certain types of internet platforms could no longer or not just be found liable for users’ infringing activities on a secondary/indirect/accessory basis but also on a primary/direct basis: in Europe, that is now the case under both copyright and trade mark laws. This chapter reviews the evolution that all these areas have undergone through case law and legislation alike and reflects on the role that fashion and luxury companies and conglomerates have had in all of this. 

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  • 124.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    The Routledge Handbook of EU Copyright Law2021Collection (editor) (Refereed)
    Abstract [en]

    The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: one the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States

    This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization.

    With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

  • 125.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Too artistic to be protected? Why the artistic and substantial value of an object are not the same thing2024In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540Article in journal (Other academic)
  • 126.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    What Does the European Commission Make of the EU Copyright Acquis When It Pleads Before the CJEU? The Legal Service’s Observations in Digital/Online Cases2020In: European Law Review, ISSN 0307-5400, Vol. 45, no 1, p. 67-99Article in journal (Refereed)
    Abstract [en]

    This is the first study entirely devoted to analysing the content of the European Commission’s observations in CJEU copyright referrals, with an emphasis on the online/digital dimension. It examines the Commission’s view of the EU copyright acquis in relation to economic rights, exceptions and limitations and enforcement, and evaluates it in light of international and EU law. The observations have been sometimes consistent with case law, but this has not been so in a number of topical instances. This contribution suggests that all this signals an (unsuccessful) attempt on the side of the Commission to persuade the CJEU to ‘depart’ from consolidated case law, justified more by policy considerations rather than a rigorous reading of the law and earlier jurisprudence.

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  • 127.
    Rosati, Eleonora
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    What’s in One’s Own Image (Right)?2020In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, E-ISSN 1747-1540, Vol. 15, no 1, p. 1-1Article in journal (Other academic)
  • 128.
    Rosati, Eleonora
    et al.
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Bosher, HayleighBrunel University.
    Developments and Directions in Intellectual Property Law. 20 Years of The IPKat2023Collection (editor) (Refereed)
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  • 129.
    Rosati, Eleonora
    et al.
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Cabay, Julien
    Université libre de Bruxelles and Université de Liège.
    REGULATING TECHNOLOGY THROUGH COPYRIGHT LAW: THE WAY FORWARD FOR BUILDING A DIGITAL SINGLE MARKET?2023In: Questions choisies de droit européen des affaires/Selected Issues in European Business Law / [ed] P. Van Cleynenbreugel and J. Wildemeersch, Brussels: Bruylant, 2023Chapter in book (Refereed)
  • 130.
    Shimkova, Anna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    The EU press publishers' right: past, present, and future2021Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
    Abstract [en]

    This master thesis is dedicated to the press publishers’ right introduced by Article 15 of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market. The article became one of the most debated provisions in the whole directive. On the one hand, the discussion was driven by EU press publishers because of thecommercial crisis in the traditional press publishing and news mediasectors. Press representatives began to express concerns about the free riding of press publications by content aggregators and search engines who usually reuse such contents for profit. On the other hand, service providers argued that press publishers would lose traffic to their websites, affecting the quality of the press and constrainingfundamental rights. This conflict pushed the press publishers to bringing these issues before courts, legislators and competition authorities. Since these complaints were not resolved completely, the only way to resolve the conflict seemed to be the introduction of the EU-wide related right. 

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    Master thesis_Anna Shimkova
  • 131.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Anställda uppfinnares ersättningsrätt2008In: Festskrift till Marianne Levin / [ed] Antonina Bakardjieva Engelbrekt, Stockholm: Norstedt , 2008Chapter in book (Other academic)
  • 132.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Anställdas design - om daning med osäkert resultat2004In: PatentEye, ISSN 1403-2309, no 6, p. 21ff-Article in journal (Other (popular science, discussion, etc.))
  • 133.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Anställdas immaterialrätt vid utmätning och i konkurs2002In: Immaterialrätt & Sakrätt, Stockholm: Jure , 2002Chapter in book (Other academic)
  • 134.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Anställdas immaterialrätter - divergenta förhållanden2004In: Ny Juridik, ISSN 1400-3007, no 4, p. 17-34Article in journal (Other (popular science, discussion, etc.))
    Abstract [sv]

    I dag är många företag medvetna om immaterialrättens stora ekonomiska värde. Eftersom immaterialrätter ofta skapas av anställda, har frågor om anställdas ensamrätter ökat i aktualitet. I artikeln beskriver Sanna Wolk, som är doktorand i immaterialrätt vid Stockholms universitet, gällande bestämmelser och rättsprinciper för immaterialrättens överföring i anställningsförhållanden.

  • 135.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Anställdas immaterialrätter i arbetsgivarens konkurs2003In: Juridisk Tidskrift, ISSN 1400-7761, no 3, p. 372-389Article in journal (Refereed)
  • 136.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Arbetsgivares rätt till anställdas närstående rättigheter: En kommenterad redogörelse till AD:s dom 2002 nr 872003In: Juridisk Tidskrift, ISSN 1100-7761, p. 665-671Article in journal (Refereed)
    Abstract [sv]

    Fallet är inte endast intressant därför att det är första gången som AD prövat rättsövergången av anställdas närstående rättigheter. Det har för det första idomskälen markerats att arbetsgivaren vid en oklar rättsöverlåtelse skall påvisaatt en övergång faktiskt skett, vilket är något som följer av den upphovsrättsliga specialitetsgrundsatsen. För det andra belyser domen att, när inget särskilt avtal finns, bedömningsregeln om rättsövergång av anställdas upphovsrätt (tumregeln) även får anses vara vägledande vid bedömning av övergången av de personanknutnanärstående rättigheterna. Vidare har det i domstolens resonemangunderstrukits att rättsövergången av de närstående rättigheterna är beroende av avtalets uttryckliga eller underförstådda innehåll. Eftersom AD:s resonemang i domskälen är generellt formulerat får det betydelse i andra situationer än den i målet förevarande. Det torde i praktiken innebära att tumregeln, som utvecklats i AD:s dom, har blivit en tolkningsregel för både upphovsrättens och de personanknutna närstående rättigheternas övergång i anställningsförhållanden.

  • 137.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law. Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Arbetstagares immaterialrätter: Rätten till datorprogram, design och uppfinningar m.m. i anställningsförhållanden, 2 uppl2008Book (Other academic)
  • 138.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Arbetstagares uppfinningar och kollektivavtals utfyllande verkan2008In: Nordiskt Immateriellt Rättsskydd, ISSN 0027-6723, Vol. 77, no 1, p. 4-11Article in journal (Refereed)
  • 139.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Biobanken – forskarens eller annans?,2003In: Biobanksrätt, Lund: Studentlitteratur, Jure , 2003Chapter in book (Other academic)
  • 140.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Biobanksrätt2003Collection (editor) (Other academic)
    Abstract [sv]

    Genteknikens närmast explosionsartade utveckling öppnar nya möjligheter för läkare, forskare och läkemedelsbolag. Biologiskt material som tagits från levande eller avlidna människor samlas in såväl för direkt medicinsk användning som för forskning och lagras i biobanker. Många vill ha bestämmanderätten över dessa biobanker och det material de innehåller. Patienterna och provgivarna vill skydda sin integritet och kontrollera den framtida användningen.

  • 141.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Bruksmodell - ett skydd för datorprogram?2000In: PatentEye, ISSN 1403-2309, no 6, p. 22-24Article in journal (Other (popular science, discussion, etc.))
  • 142.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Community Intellectual Property Law and Ownership in Employment Relations2008In: Property and ownership: issues and implications, ICFAI, Panjagutta India , 2008Chapter in book (Other academic)
  • 143.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Community Intellectual Property Law and Ownership in Employment Relations2005In: IT Law for IT Professionals - an Introduction / [ed] Cecilia Magnusson Sjöberg, Lund: Studentlitteratur , 2005Chapter in book (Other academic)
  • 144.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Community Intellectual Property Law and Ownership in Employment Relationships2010In: Information & Communication Technology: Legal Issues / [ed] Peter Wahlgren, Stockholm: Jure , 2010, p. 419-426Chapter in book (Other academic)
  • 145.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Compensation of Employed Inventors in Sweden2008In: World Intellectual Property Report (BNA), ISSN 0952-7613, Vol. 1Article in journal (Other academic)
  • 146.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Exceptions to copyright protection and the permitted uses of copyright works in the hi-tech and digital sectors: Q 216 A AIPPI2010Report (Other (popular science, discussion, etc.))
  • 147.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Förslag om stärkt sekretesskydd för patentombud2007In: PatentEye, no 5, p. 26-27Article in journal (Other (popular science, discussion, etc.))
  • 148.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Gemensamma immaterialrätter – en immaterialrättslig enighet?2009In: Nordiskt immateriellt rättsskydd, ISSN 0027-6723, p. 717-242Article in journal (Refereed)
    Abstract [sv]

    Hantering av samägda immaterialrätter, som varumärken, uppfinningar och upphovsrättsliga verk

  • 149.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Hyrda arbetstagares upphovsrätt2001In: Nordiskt Immateriellt Rättsskydd, ISSN 0027-6723, p. 210-217Article in journal (Refereed)
  • 150.
    Wolk, Sanna
    Stockholm University, Faculty of Law, Department of Law, The Institute of Intellectual Property Law and Marketing Law.
    Implementation of Directive 2001/29/EC2007Report (Other academic)
1234 101 - 150 of 165
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