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Edited by Thomas Riis

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User Generated Law

Re-Constructing Intellectual Property Law in a Knowledge Society

Edited by Thomas Riis

Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analysing examples of self-regulation in the intellectual property law based industries, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process.
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Jens Schovsbo and Thomas Riis

This essay examines how the protection of designs of mass-produced goods has developed in the EU. Starting from a Nordic perspective, it is pointed out how the coverage of the protection of design has expanded dramatically over time. As a result, today’s designers often find themselves at a smorgasbord of protection options in copyright, design law, trade mark law and unfair marketing law. It is shown how this development has taken place in a piecemeal way and not according to any general master plan. It is argued that the combined effect of these developments is a risk of overprotection and of undermining design law as the base line protection model for designs. Finally, it is argued that the upcoming reform of the EU design system should seek to address these concerns and provide a clear platform for the design law protection scheme. To do so, a holistic approach should be undertaken which involves also the protection offered in adjacent areas such as trade mark, copyright and unfair competition law. Keywords Design law, EU, copyright law, trade mark law, unfair competition law

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Thomas Riis and Jens Schovsbo

Traditionally copyright has been exploited in separate geographical markets. This practice restricts the ability of users to access online services on their electronic devices wherever they are in Europe and regardless of borders, viz. so called ‘portability’. This chapter describes the complex legal background in EU law to limitations on portability in copyright, user and producer contracts and technological protection measures. Recently, specific EU legislation has been proposed (the Portability Regulation and the Geo-Blocking Regulation) with an aim of amending the current legal regime. It is argued, however, that existing EU rules and principles, in particular the rules of competition law, may deal with the challenges of the existing restrictions on the cross-border access to online services to such an extent that those challenges in themselves do not necessitate any change of legislation. Keywords: copyright, online user, portability, territorial restraints, competition law, EU

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Clement Salung Petersen and Thomas Riis

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Thomas Riis, Ole-Andreas Rognstad and Jens Schovsbo