Outputs (49)

Abuses of dominant position and intellectual property rights: an attempt to clarify the case law of the Community courts (2004)
Book Chapter
Derclaye, E. (2004). Abuses of dominant position and intellectual property rights: an attempt to clarify the case law of the Community courts. In C. Graham, & F. Smith (Eds.), Competition, regulation and the new economy. Hart

Databases "sui generis" right: should we adopt the spin-off theory? (2004)
Journal Article
Derclaye, E. (2004). Databases "sui generis" right: should we adopt the spin-off theory?. European Intellectual Property Review, 26(9),

Eight years have passed since the Database Directive was enacted. A relatively abundant body of case law has now emerged but courts remain divided or uncertain over a number of issues. One of them is the most important question of the protection re... Read More about Databases "sui generis" right: should we adopt the spin-off theory?.

The British unregistered design right: will it survive its new community counterpart to influence future European case law? (2004)
Journal Article
Derclaye, E. (2004). The British unregistered design right: will it survive its new community counterpart to influence future European case law?. Columbia Journal of European Law, 10(2),

The IMS health decision and the reconciliation of copyright and competition law (2004)
Journal Article
Derclaye, E. (2004). The IMS health decision and the reconciliation of copyright and competition law. European Law Review, 29(5),

Do sections 3 and 3A of the CDPA violate the Database Directive? A closer look at the definition of a database in the U.K. and its compatibility with European law (2002)
Journal Article
Derclaye, E. (2002). Do sections 3 and 3A of the CDPA violate the Database Directive? A closer look at the definition of a database in the U.K. and its compatibility with European law. European Intellectual Property Review, 24(10),

Software copyright protection: can Europe learn from American case law. Parts 1 and 2 (2000)
Journal Article
Derclaye, E. (2000). Software copyright protection: can Europe learn from American case law. Parts 1 and 2. European Intellectual Property Review, 22(1, 2),

The scope of computer program protection after SAS: are we closer to answers?
Journal Article
Gervais, D., & Derclaye, E. The scope of computer program protection after SAS: are we closer to answers?. European Intellectual Property Review, 34(8),

The database directive
Book Chapter
Derclaye, E. The database directive. In I. A. Stamatoudi, & P. Torremans (Eds.), EU copyright law: a commentary. Edward Elgar Publishing

The right of communication to the public in the cloud: an EU perspective
Presentation / Conference Contribution
Derclaye, E. The right of communication to the public in the cloud: an EU perspective. Presented at ALAI Congress 2012: Copyright and Related Rights in the “Cloud” Environment

This paper examines the law relating to the right of communication to the public with reference to cloud storage and retrieval. It does so under the WIPO Internet treaties and EU statutory and case law, with some references to Member State statutory... Read More about The right of communication to the public in the cloud: an EU perspective.