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Patent Abolition: A Real-Life Historical Case Study external link

van Gompel, S.
American University International Law Review, vol. 34, num: 4, pp: 877-922, 2019

Abstract

Over time, patent abolition has been the subject of fierce academic debate. However, no country in the world has ever abolished patents, except for one. Between 1869 and 1912, the Netherlands officially abandoned patents. This unique case is often mentioned in the literature on patent abolition, but the accounts drawn up so far present an incomplete and somewhat obscure image of the motives behind the decision of the Dutch government to eliminate patents. This paper fills this gap by conducting a full analysis of the various – legal, economic, practical, and political – arguments that have inspired the Dutch to abolish patents. By so doing, it sketches a striking picture of the circumstances that gave rise to the exceptional Dutch case. Translating this to today’s reality, which is so entirely different, it seems unlikely that we will soon witness another case where all the necessary ingredients will so neatly coincide as they did in the Netherlands in the late 1860s. Therefore, another real-life example of a developed country abolishing patents appears far away.

frontpage, Octrooirecht

Bibtex

Article{vanGompel2019f, title = {Patent Abolition: A Real-Life Historical Case Study}, author = {van Gompel, S.}, url = {https://www.ivir.nl/publicaties/download/AUILR_2019.pdf}, year = {0823}, date = {2019-08-23}, journal = {American University International Law Review}, volume = {34}, number = {4}, pages = {877-922}, abstract = {Over time, patent abolition has been the subject of fierce academic debate. However, no country in the world has ever abolished patents, except for one. Between 1869 and 1912, the Netherlands officially abandoned patents. This unique case is often mentioned in the literature on patent abolition, but the accounts drawn up so far present an incomplete and somewhat obscure image of the motives behind the decision of the Dutch government to eliminate patents. This paper fills this gap by conducting a full analysis of the various – legal, economic, practical, and political – arguments that have inspired the Dutch to abolish patents. By so doing, it sketches a striking picture of the circumstances that gave rise to the exceptional Dutch case. Translating this to today’s reality, which is so entirely different, it seems unlikely that we will soon witness another case where all the necessary ingredients will so neatly coincide as they did in the Netherlands in the late 1860s. Therefore, another real-life example of a developed country abolishing patents appears far away.}, keywords = {frontpage, Octrooirecht}, }

Book review of Aleksandra Kuczerawy, Intermediary Liability and Freedom of Expression in the EU external link

Hins, A.
Common Market Law Review, vol. 56, num: 4, pp: 1154-1155, 2019

book reviews, intermediary liability, Vrijheid van meningsuiting

Bibtex

Article{Hins2019b, title = {Book review of Aleksandra Kuczerawy, Intermediary Liability and Freedom of Expression in the EU}, author = {Hins, A.}, year = {0822}, date = {2019-08-22}, journal = {Common Market Law Review}, volume = {56}, number = {4}, pages = {1154-1155}, keywords = {book reviews, intermediary liability, Vrijheid van meningsuiting}, }

Annotatie bij EHRM 4 december 2018 (Magyar Jeti Zrt / Hongarije) external link

Dommering, E.
Nederlandse Jurisprudentie, num: 33/34, pp: 4691-4693, 2019

Abstract

Wanneer is de pers aansprakelijk voor de inhoud van de informatie op een site waarnaar in de berichtgeving een hyperlink is geplaatst.

Annotaties, Art. 10 EVRM, frontpage

Bibtex

Article{Dommering2019d, title = {Annotatie bij EHRM 4 december 2018 (Magyar Jeti Zrt / Hongarije)}, author = {Dommering, E.}, url = {https://www.ivir.nl/publicaties/download/Annotatie_NJ_2019_293.pdf}, year = {0822}, date = {2019-08-22}, journal = {Nederlandse Jurisprudentie}, number = {33/34}, abstract = {Wanneer is de pers aansprakelijk voor de inhoud van de informatie op een site waarnaar in de berichtgeving een hyperlink is geplaatst.}, keywords = {Annotaties, Art. 10 EVRM, frontpage}, }

The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement external link

Quintais, J. & Poort, J.
American University International Law Review, vol. 34, num: 4, pp: 807-876, 2019

Abstract

This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.

consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy

Bibtex

Article{Quintais2019f, title = {The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement}, author = {Quintais, J. and Poort, J.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3437239}, year = {0820}, date = {2019-08-20}, journal = {American University International Law Review}, volume = {34}, number = {4}, pages = {807-876}, abstract = {This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.}, keywords = {consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy}, }

Infographic: ‘The Council of Europe and the safety of journalists’ external link

McGonagle, T.
2019

Abstract

The infographic, ‘The Council of Europe and the safety of journalists’, visualizes and condenses the detailed information in Committee of Ministers’ Recommendation CM/Rec(2016)4 Committee of Ministers’ Recommendation CM/Rec(2016)4 to member States on the protection of journalism and the safety of journalists and other media actors. The infographic also signposts, and hyperlinks to, the Platform to promote the protection of journalism and safety of journalists and other valuable Council of Europe resources, including the European Court of Human Rights’ three judgments to date which cite the Recommendation.

Council of Europe, Journalistiek, Mediarecht

Bibtex

Article{McGonagle2019g, title = {Infographic: ‘The Council of Europe and the safety of journalists’}, author = {McGonagle, T.}, url = {https://www.ivir.nl/publicaties/download/CM-Rec20164-Infographic.pdf}, year = {0807}, date = {2019-08-07}, abstract = {The infographic, ‘The Council of Europe and the safety of journalists’, visualizes and condenses the detailed information in Committee of Ministers’ Recommendation CM/Rec(2016)4 Committee of Ministers’ Recommendation CM/Rec(2016)4 to member States on the protection of journalism and the safety of journalists and other media actors. The infographic also signposts, and hyperlinks to, the Platform to promote the protection of journalism and safety of journalists and other valuable Council of Europe resources, including the European Court of Human Rights’ three judgments to date which cite the Recommendation.}, keywords = {Council of Europe, Journalistiek, Mediarecht}, }

Hosting intermediary services and illegal content online: An analysis of the scope of article 14 ECD in light of developments in the online service landscape external link

van Hoboken, J., Quintais, J., Poort, J. & van Eijk, N.
vol. 2018, 2019

Abstract

This short study looks at the scope of the hosting safe harbour, in view of policies with respect to illegal content online and questions about the scope of Article 14 of the Electronic Commerce Directive (2000/31/EC) from a legal and practical perspective. Specifically, the study addresses the question of what are the kinds of services that could invoke Article 14 ECD and develops an updated typology of hosting intermediaries for policy experts. It outlines the different potential revenue streams of different hosting intermediaries and discusses how these revenue streams may influence the incentives of services to address unlawful or infringing third-party activity. Finally, the study discusses the most important legal issues with respect to the scope of Article 14 ECD, focusing on the case law of the Court of Justice of the EU and other legal developments.

Electronic commerce, frontpage, Informatierecht, intermediary services, Internet

Bibtex

Report{vanHoboken2019b, title = {Hosting intermediary services and illegal content online: An analysis of the scope of article 14 ECD in light of developments in the online service landscape}, author = {van Hoboken, J. and Quintais, J. and Poort, J. and van Eijk, N.}, url = {https://www.ivir.nl/publicaties/download/hosting_intermediary_services.pdf}, doi = {https://doi.org/10.2759/284542}, year = {0806}, date = {2019-08-06}, volume = {2018}, pages = {}, abstract = {This short study looks at the scope of the hosting safe harbour, in view of policies with respect to illegal content online and questions about the scope of Article 14 of the Electronic Commerce Directive (2000/31/EC) from a legal and practical perspective. Specifically, the study addresses the question of what are the kinds of services that could invoke Article 14 ECD and develops an updated typology of hosting intermediaries for policy experts. It outlines the different potential revenue streams of different hosting intermediaries and discusses how these revenue streams may influence the incentives of services to address unlawful or infringing third-party activity. Finally, the study discusses the most important legal issues with respect to the scope of Article 14 ECD, focusing on the case law of the Court of Justice of the EU and other legal developments.}, keywords = {Electronic commerce, frontpage, Informatierecht, intermediary services, Internet}, }

Het prinsesje op de erwt en de tovenaarsleerling external link

Kabel, J.
Privacy & Informatie, vol. 22, num: 3, pp: 89-90, 2019

cookies, frontpage, Persoonsgegevens, Privacy, reclame, websites

Bibtex

Article{Kabel2019c, title = {Het prinsesje op de erwt en de tovenaarsleerling}, author = {Kabel, J.}, url = {https://www.ivir.nl/publicaties/download/PI_2019_3.pdf}, year = {0730}, date = {2019-07-30}, journal = {Privacy & Informatie}, volume = {22}, number = {3}, pages = {89-90}, keywords = {cookies, frontpage, Persoonsgegevens, Privacy, reclame, websites}, }

Annotatie bij Hoge Raad 29 maart 2019 (Dijkstra / De 4 Jaargetijden): Is artikel 25 Aw nu eindelijk helemaal af? external link

Kabel, J.
AMI, vol. 2019, num: 3, pp: 96-99, 2019

Annotaties, Art. 25 Aw, Auteursrecht, frontpage, reputatieschade

Bibtex

Article{Kabel2019b, title = {Annotatie bij Hoge Raad 29 maart 2019 (Dijkstra / De 4 Jaargetijden): Is artikel 25 Aw nu eindelijk helemaal af?}, author = {Kabel, J.}, url = {https://www.ivir.nl/publicaties/download/Annotatie_AMI_2019_3.pdf}, year = {0726}, date = {2019-07-26}, journal = {AMI}, volume = {2019}, number = {3}, pages = {96-99}, keywords = {Annotaties, Art. 25 Aw, Auteursrecht, frontpage, reputatieschade}, }

The New Copyright in the Digital Single Market Directive: A Critical Look external link

Quintais, J.
European Intellectual Property Review, vol. 42, num: 1, pp: 28-41, 2020

Abstract

This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.

Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, text and data mining

Bibtex

Article{Quintais2019e, title = {The New Copyright in the Digital Single Market Directive: A Critical Look}, author = {Quintais, J.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424770}, year = {0107}, date = {2020-01-07}, journal = {European Intellectual Property Review}, volume = {42}, number = {1}, pages = {28-41}, abstract = {This article provides an overview and critical examination of the new Directive on copyright and related rights in the Digital Single Market. Despite some positive aspects, the Directive includes multiple problematic provisions, including the controversial new right for press publishers and the new liability regime for content-sharing platforms. On balance, the Directive denotes a normative preference for private ordering over public choice in EU copyright law, and lacks adequate safeguards for users. It is also a complex text with multiple ambiguities, which will likely fail promote the desired harmonization and legal certainty in this area.}, keywords = {Collective licensing, Copyright, digital content, Digital Single Market, EU law, exceptions and limitations, frontpage, Licensing, Online services, text and data mining}, }

The New Copyright Directive: Text and Data Mining (Articles 3 and 4) external link

Hugenholtz, P.
Kluwer Copyright Blog, 2019

Auteursrecht, frontpage, tdm

Bibtex

Article{Hugenholtz2019e, title = {The New Copyright Directive: Text and Data Mining (Articles 3 and 4)}, author = {Hugenholtz, P.}, url = {http://copyrightblog.kluweriplaw.com/2019/07/24/the-new-copyright-directive-text-and-data-mining-articles-3-and-4/}, year = {0725}, date = {2019-07-25}, journal = {Kluwer Copyright Blog}, keywords = {Auteursrecht, frontpage, tdm}, }