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Edited by Alain Strowel

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Edited by Alain Strowel

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Edited by Alain Strowel

This timely volume offers a comprehensive review of case law, in various jurisdictions, on secondary liability for copyright infringement, particularly P2P file sharing and online infringements.
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Alain Strowel

This chapter reviews the various EU laws that allow private parties to control the use of data. Relying on the view that property is an institution for organizing the use of resources, the chapter shows that the EU legal framework creates various property-like protections around data. Intellectual property rights, such as copyright or the database right, contribute to data appropriation. In addition to contracts, possibly combined with technical and organizational protections, data protection and trade secrets regimes also facilitate the appropriation of personal and confidential data. The chapter also summarizes the 2017 Commission’s initiatives concerning the free flow of nonpersonal data and argues against the introduction of a new data property.

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Vincent Cassiers and Alain Strowel

The Court of Justice of the European Union (CJEU) shapes intellectual property law by interpreting primary and secondary EU law, by identifying ‘autonomous concepts of EU law’, and by balancing intellectual property (IP) rights with fundamental rights and competition law. This leads to what could be called “CJEU-made law” for IP. The growing number and importance of cases brought before the CJEU and the need to have IP consistently interpreted and adequately fine-tuned require revisiting the working of the CJEU. One possible avenue would involve the creation of a specialized chamber for IP.

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Alain Strowel and Vicky Hanley

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Jane Ginsburg and Alain Strowel

This chapter compares the approaches under EU and US copyright law regarding liability for hyperlinking. In the case law of the Court of Justice of the European Union, hyperlinking cases are addressed under direct liability, while in the US, various doctrines of direct and indirect liability apply. The chapter also shows that the criteria for copyright liability in the hyperlinking cases reflect the criteria for nonliability under the EU and US safe harbour provisions for online intermediaries.

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Alain Strowel and Bernard Vanbrabant