Events This Week

Professor Martin Kreschmer of Glasgow University has asked us to advert 2 events taking house this week.

First, is a populace seminar relating to CJEU copyright jurisprudence:

Public seminar: CREATe together with BLACA

Old Library, Garrod Building, Whitechapel Campus, Queen Mary University of London Midweek xiii April, 18:00-19:30

Marcella Favale (Bournemouth University), Martin Kretschmer (Glasgow University), Paul Torremans (Nottingham University) “Is There a European Union Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice”

[published inward Modern Law Review (2016) 79(1)] MLR 31-75] http://onlinelibrary.wiley.com/doi/10.1111/mlr.2016.79.issue-1/issuetoc

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2643699

Abstract:

The Court of Justice of the European Union (ECJ) has been suspected of carrying out a harmonising agenda over together with beyond the conventional law-interpreting business office of the judiciary. This report aims to investigate empirically 2 theories inward relation to the evolution of European Union copyright law: (i) that the Court has failed to railroad train a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, together with predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of European constabulary rather than – less discretionary – semantic together with systematic legal approaches).

We stimulate got collected 2 information sets relating to all ECJ copyright together with database cases upwards to Svensson (February 2014): (1) Statistics most the resources allotment of cases to chambers, the composition of chambers, the Judge Rapporteur, together with Advocate General (including coding of the professional person background of the personnel); (2) Content analysis of argumentative patterns inward the decisions themselves, using a qualitative coding technique. Studying the human relationship betwixt (1) together with (2) allows us to seat links betwixt for sure Chambers/ Court members together with legal approaches, over time, together with past times subject. These shed lite on the internal workings of the court, together with too enable us to explore theories most the nature of ECJ jurisprudence.

The analysis shows that individual constabulary together with inward exceptional intellectual belongings constabulary expertise is almost but missing from the Court. However, nosotros notice that the Court has developed a machinery for enabling judicial learning through the systematic assignment of cases to for sure Judges together with AGs. We too notice that the Court has developed a “fair balance” topos linked to Judge Malenovský (rapporteur on 24 out of xl copyright cases) that does non predict an agenda of upward harmonisation, with most one-half of judgments narrowing rather than widening the range of copyright protection

(The projection raised enormous involvement alongside scholars, policy makers together with practitioners at the Court. While the MLR report explored the agency the Court works, a follow-on newspaper volition investigate the directions taken past times the Court together with the comport upon of the submissions of the diverse parties on these directions. The primal enquiry interrogation volition hold upwards to what extent the jurisprudence of the ECJ is opened upwards to capture.)

Second, is a workshop taking house after this calendar week relating to noesis central inward IP research. Further details below.


CREATe Litigation Research: a Knowledge Exchange Workshop
13/14 Apr 2016, Queen Mary University of London
This workshop covers enquiry on litigation of intellectual belongings rights inward the UK. The primary focus is on litigation of copyright together with patent related cases. Presenters are associated with the RCUK Centre for Copyright together with New Business Models inward the Creative Economy (CREATe) together with an ongoing Knowledge Exchange projection Assessing the Unitary Patent together with the Unified Patent Court. 



The workshop volition consist of a mix of presentations together with discussions of recent enquiry on copyright together with patent litigation every bit good every bit ongoing function to create a database of copyright litigation cases together with a Wiki summarising copyright related evidence, both of which volition hold upwards hosted on CREATe’s meshing platform.

You tin download details of this workshop here, including the total programme together with venue information (PDF format, 552 KB).