First, is a public seminar relating to CJEU copyright jurisprudence:
Public seminar: CREATe and BLACA
Old Library, Garrod Building, Whitechapel Campus, Queen
Mary University of London Wednesday 13 April, 18:00-19:30
Marcella Favale (Bournemouth University), Martin
Kretschmer (Glasgow University), Paul Torremans (Nottingham University) “Is
There a EU Copyright Jurisprudence? An Empirical Analysis of the Workings of
the European Court of Justice”
[published in Modern Law Review (2016) 79(1)] MLR 31-75] http://onlinelibrary.wiley.com/doi/10.1111/mlr.2016.79.issue-1/issuetoc
Abstract:
The Court of Justice of the European Union (ECJ) has been
suspected of carrying out a harmonising agenda over and beyond the conventional
law-interpreting function of the judiciary. This study aims to investigate
empirically two theories in relation to the development of EU copyright law:
(i) that the Court has failed to develop a coherent copyright jurisprudence
(lacking domain expertise, copyright specific reasoning, and predictability);
(ii) that the Court has pursued an activist, harmonising agenda (resorting to
teleological interpretation of European law rather than – less discretionary –
semantic and systematic legal approaches).
We have collected two data sets relating to all ECJ
copyright and database cases up to Svensson (February 2014): (1) Statistics
about the allocation of cases to chambers, the composition of chambers, the
Judge Rapporteur, and Advocate General (including coding of the professional
background of the personnel); (2) Content analysis of argumentative patterns in
the decisions themselves, using a qualitative coding technique. Studying the
relationship between (1) and (2) allows us to identify links between certain
Chambers/ Court members and legal approaches, over time, and by subject. These
shed light on the internal workings of the court, and also enable us to explore
theories about the nature of ECJ jurisprudence.
The analysis shows that private law and in particular
intellectual property law expertise is almost entirely missing from the Court.
However, we find that the Court has developed a mechanism for enabling judicial
learning through the systematic assignment of cases to certain Judges and AGs.
We also find that the Court has developed a “fair balance” topos linked to
Judge Malenovský (rapporteur on 24 out of 40 copyright cases) that does not
predict an agenda of upward harmonisation, with about half of judgments
narrowing rather than widening the scope of copyright protection
(The project raised enormous interest among scholars,
policy makers and practitioners at the Court. While the MLR study explored the
way the Court works, a follow-on paper will investigate the directions taken by
the Court and the impact of the submissions of the various parties on these
directions. The central research question will be to what extent the
jurisprudence of the ECJ is open to capture.)
Second, is a workshop taking place later this week relating to knowledge exchange in IP research. Further details below.
CREATe Litigation Research: a Knowledge Exchange Workshop
13/14 April 2016, Queen Mary University of London
This workshop covers research on litigation of intellectual property rights in the UK. The main focus is on litigation of copyright and patent related cases. Presenters are associated with the RCUK Centre for Copyright and New Business Models in the Creative Economy (CREATe) and an ongoing Knowledge Exchange project Assessing the Unitary Patent and the Unified Patent Court.
The workshop will consist of a mix of presentations and discussions of recent research on copyright and patent litigation as well as ongoing work to create a database of copyright litigation cases and a Wiki summarising copyright related evidence, both of which will be hosted on CREATe’s internet platform.
You can download details of this workshop here, including the full programme and venue information (PDF format, 552 KB).
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