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Enrico Bonadio

The need to supply consumers with healthier food and beverages constitutes an urgent priority as many people in both industrialized and developing countries struggle with obesity and other non-communicable diseases (NCDs) caused by the consumption of unhealthy products. This chapter makes the point that patents may contribute to fighting such illnesses. Three proposals are put forward. The first and second proposals give healthy food inventions a preferential treatment with a view to speeding up or facilitating their patenting process. The third proposal would consist of excluding from patentability certain food inventions if it is proven that the relevant products or processes are harmful to human health. Such proposals would comply with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and are in line with the general aim of the patent system, namely encouraging (before) and rewarding (later) the creation of inventions really useful to society.

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Enrico Bonadio

The chapter analyses to what extent copyright laws, in particular in the US and to a lesser extent in the UK, are capable of regulating street art and graffiti. Particular attention is paid to whether such laws can accommodate the needs of street and graffiti artists, and give them appropriate tools to protect their works. The focus is on selected copyright-related aspects which are relevant to street and graffiti art, namely: (a) requirements for protection; (b) moral rights (with emphasis on whether the integrity right could be invoked by this category of artists to oppose the destruction and removal of their pieces); and (c) economic and moral rights protection of illegal works.

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Enrico Bonadio

The chapter highlights issues raised by attempts to preserve street and graffiti art. It does so by exploring whether street and graffiti artists could successfully oppose the removal or destruction of their works by relying on the moral right of integrity; and whether the heritagisation of these forms of art could also be a valuable legal option to conserve them. Cases where artists have tried to protect their works, and local councils and communities have attempted to conserve street artworks, will also be mentioned. The chapter concludes that a reasonable balance between the rights and interests of all stakeholders – artists, property owners and local communities – needs to be achieved, and that this is best undertaken by judges, or administrative bodies, equipped to grasp the specificity and complexity of each case.

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Enrico Bonadio

The relationship between standardization processes, intellectual property rights and competition rules has increasingly become of interest in the recent years. Recent investigations of the European Commission confirm that standardization processes and in particular ownership of IPRs that cover standardized technology might in certain circumstances infringe competition rules.

The article first explores the meaning and different forms of standardization. It then analyses selected parts of the Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, in particular those parts that cover standardization agreements. The Guidelines have been adopted by the Commission in December 2010 with a view to addressing the anti-competitive concerns stemming from inter alia standardization agreements (eg they encourage IPRs holders to disclose their exclusive rights before the adoption of the standard, as well as to give an irrevocable commitment to offer to license the IPR to all parties interested on a fair, reasonable and non-discriminatory terms: the so-called FRAND commitment).

The author will then present and comment on different points of view on whether the ownership of IPRs which cover standardized technologies really create market dominance capable of triggering anti-competitive behaviours. Finally, a set of additional solutions proposed by various legal scholars will be highlighted and commented on.

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Edited by Alberto Alemanno and Enrico Bonadio

This timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods, namely tobacco, alcohol, food, and pharmaceuticals.
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Edited by Alberto Alemanno and Enrico Bonadio

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Alberto Alemanno and Enrico Bonadio

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Alberto Alemanno and Enrico Bonadio

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Enrico Bonadio and Nicola Lucchi

The chapter explores whether pornographic works – intended as creative works consisting of the depiction of women and/or men as sexual beings – can be protected by copyright. After commenting on cases from various jurisdictions, including the US, the UK and France, the authors discuss the critical arguments made both in support and against copyright protection for this controversial subject matter (which is considered by many as morally unacceptable). The chapter concludes that the overriding need to protect free speech makes the argument supporting the copyrightability of this category of works more persuasive and convincing.