Suchergebnisse

The constitutionalisation of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalisation processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of 'new constitutionalism', the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering.

Abstract
This paper addresses a few selected aspects of the implementation of the new mandatory exceptions of Arts. 3 to 7 of the Directive on Copyright and Related Rights in the Digital Single Market (Directive (EU) 2019/790). These provisions consolidate a trend in EU law to further harmonise exceptions and limitations within the EU internal market, to ensure that copyright law operates in a manner that is compatible with fundamental rights and constitutional norms, including freedom of information and expression, freedom of arts and sciences, freedom to conduct a business, as well as fostering technological and economic development. In this context, we welcome the European legislature's efforts to extend and update the existing regime of exceptions and limitations to promote cross-border uses and ensure that the system functions more effectively in today's technological environment. However, while the introduction of the exceptions and limitations established under Arts. 3-6 represents an important step in the right direction, it remains a modest one. Member States will play a fundamental role in securing that the mandatory minimum level of freedom for users under these new exceptions and limitations becomes a reality and should refrain from imposing specific restrictive conditions at national level.