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Os Pimentéis: percursos de uma linhagem da nobreza medieval portuguesa (séculos XIII - XIV)
In: Temas portugueses
A propriedade das albergarias de Évora nos finais da Idade Média
In: História medieval 2
Sportagus: Domain Names and Trade Marks, a Close Albeit Uneasy Relationship
In: IIC - International Review of Intellectual Property and Competition Law, Band 53, Heft 5, S. 845-848
ISSN: 2195-0237
The boundaries of EU copyright law: chesse, jeans and a military report in the Court of Justice
Copyright is a centrepiece in the ongoing construction of the digital single market. Evidently, copyright only applies to works. Thus, the definition of its scope lies in knowing what a work is. Although that was not envisioned nor intended by the lawmaker, the Court of Justice has adopted a European notion of work in its controversial decision C-5/08, Infopaq, conflating it with the one of originality. Such an approach has been confirmed and expanded by subsequent case law. The Court has already fleshed out the main criterion for a creation to enjoy copyright – it must be original in the sense of being the author's own creation – and seems to reject any additional criteria. However, the boundaries of the European notion of work are still unknown. Some recent preliminary ruling requests will allow some clarification. One asks about the possibility of copyright protection for the taste of a specific cheese (C-310/17, Levola Hengelo). Another one deals with the protection of a fashion design for jeans (C-683/17, Cofemel) and yet another concerns a military report (C-469/17, Funke Medien). After describing the evolution of the law on the EU notion of copyright, this article frames and critically analyses the questions surrounding these cases, proposes answers thereto and makes a prediction of the outcome, i.e. the Court's decision, in each of them. ; info:eu-repo/semantics/publishedVersion
BASE
The Boundaries of EU Copyright Law: Cheese, Jeans and a Military Report in the Court of Justice
Copyright is a centrepiece in the ongoing construction of the digital single market. Evidently, copyright only applies to works. Thus, the definition of its scope lies in knowing what a work is. Although that was not envisioned nor intended by the lawmaker, the Court of Justice has adopted a European notion of work in its controversial decision C-5/08, Infopaq, conflating it with the one of originality. Such an approach has been confirmed and expanded by subsequent case law. The Court has already fleshed out the main criterion for a creation to enjoy copyright – it must be original in the sense of being the author's own creation – and seems to reject any additional criteria. However, the boundaries of the European notion of work are still unknown. Some recent preliminary ruling requests will allow some clarification. One asks about the possibility of copyright protection for the taste of a specific cheese (C-310/17, Levola Hengelo). Another one deals with the protection of a fashion design for jeans (C-683/17, Cofemel) and yet another concerns a military report (C-469/17, Funke Medien). After describing the evolution of the law on the EU notion of copyright, this article frames and critically analyses the questions surrounding these cases, proposes answers thereto and makes a prediction of the outcome, i.e. the Court's decision, in each of them.
BASE
SSRN
Working paper
Um Retrato Do Regime Português Dos Segredos De Negócio (A Portrait of Portuguese Trade Secret Law)
In: Propriedades Intelectuais, vol. 3 (Forthcoming)
SSRN
SSRN
Working paper
What if IP is Abolished? – Does the Charter of Fundamental Rights of the EU Make Any Difference?
In: Forthcoming in Revista o Direito
SSRN
The Proposed Directive on Multi-Territorial Licensing for Online Music – Is Competition a Good Idea?
In: Forthcoming: Revista de Concorrência e Regulação, nº16, pp. 29-52
SSRN
SSRN
Working paper
False e vere alternative nella teoria della giustizia: lezioni napoletane di filosofia del diritto
In: La torre della lanterna
In: Stranieri 1