All Outputs (53)

The Parody Exception in EU Design Law: A Catalyst for Creative Evolution, Innovation and Cultural Discourse (2024)
Journal Article
Jacques, S., & Derclaye, E. (in press). The Parody Exception in EU Design Law: A Catalyst for Creative Evolution, Innovation and Cultural Discourse. European Intellectual Property Review,

This article delves into the recent proposals put forward by the European Commission, presented on the 28th of November 2022, which aim to revise key EU instruments governing the protection of design rights. With design legislation largely remaining... Read More about The Parody Exception in EU Design Law: A Catalyst for Creative Evolution, Innovation and Cultural Discourse.

To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn (2023)
Journal Article
Derclaye, E. (2023). To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn. Intellectual Property Quarterly, 2023(2), 59-85

Over the course of the last three decades, the European Union has adopted 11 legislative instruments in the field of copyright to harmonise many of its aspects and the Court of Justice of the European Union ( CJEU) has over the years been very active... Read More about To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn.

Sui generis database protection 2.0: judicial and legislative reforms (2022)
Journal Article
Derclaye, E., & Husovec, M. (2022). Sui generis database protection 2.0: judicial and legislative reforms. European Intellectual Property Review, 44(6), 323-331

The Database Directive confers investment protection (so-called sui generis database protection) on makers of some types of databases. It represents a unique top-down policy experiment of the EU legislature with little national precedent prior to its... Read More about Sui generis database protection 2.0: judicial and legislative reforms.

Protection of Designs on the Basis of Use 232 (2021)
Book Chapter
Derclaye, E. (2021). Protection of Designs on the Basis of Use 232. In H. Hartwig (Ed.), Research Handbook on Design Law. Edward Elgar Publishing

Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework? (2021)
Journal Article
Church, O., Derclaye, E., & Stupfler, G. (2021). Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework?. European Law Review, 2021(1),

Genuine overlaps (several intellectual property rights (IPR) applying to the same intellectual effort) create overprotection. There is hardly any empirical legal research done on how claimants have litigated at national level not only on their design... Read More about Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework?.

Right and wrong analogies: the CJEU’s use of trade mark concepts in copyright and design law (2020)
Journal Article
Derclaye, E. (2020). Right and wrong analogies: the CJEU’s use of trade mark concepts in copyright and design law. European Intellectual Property Review, 42(2), 78-83

Considers, with reference to case law, whether the tendency of the ECJ to use trade mark concepts to resolve disputes involving other intellectual property issues such as design and copyright is misconceived. Examines the operation of such a policy... Read More about Right and wrong analogies: the CJEU’s use of trade mark concepts in copyright and design law.

EU Design Law: Transitioning Towards Coherence? 15 Years of National Case Law (2020)
Book Chapter
Derclaye, E. (2021). EU Design Law: Transitioning Towards Coherence? 15 Years of National Case Law. In Transition and Coherence in Intellectual Property law. Cambridge University Press

An Empirical Analysis of the Design Case Law of the EU Member States (2019)
Journal Article
Church, O., Derclaye, E., & Stupfler, G. (2019). An Empirical Analysis of the Design Case Law of the EU Member States. International Review of Intellectual Property and Competition Law, 50(6), 685-719. https://doi.org/10.1007/s40319-019-00813-0

This article empirically examines the substantive decisions on all types of design rights from the courts of the 28 Member States since the entry into force of the Design Directive and the Design Regulation, up to and including August 2017. The artic... Read More about An Empirical Analysis of the Design Case Law of the EU Member States.

Study in support of the evaluation of the database directive (2018)
Report
Chicot, J., Domini, A., Bodea, G., Karanikolova, K., Radauer, A., Gkogka, A., …Derclaye, E. (2018). Study in support of the evaluation of the database directive. European Commission

The 1996 Directive on the legal protection of databases (Database Directive) aims at supporting the development of the European database industry. It created a sui generis right protecting investments of database makers, regardless of the originality... Read More about Study in support of the evaluation of the database directive.

The Copyright/Design Interface: Past, Present and Future (2018)
Book
Derclaye, E. (2018). E. Derclaye (Ed.). The Copyright/Design Interface: Past, Present and Future. Cambridge: Cambridge University Press

The Internet, Facebook, smart phones and intellectual property rights: a happy combination? (2017)
Book Chapter
Derclaye, E. (2017). The Internet, Facebook, smart phones and intellectual property rights: a happy combination?. In D. Gervais, & S. Frankel (Eds.), Intellectual property and regulation of the Internet: the nexus with human and economic development. Victoria University Press, University of Wellington

Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach (2015)
Journal Article
Derclaye, E., & Taylor, T. (2015). Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach. European Intellectual Property Review, 37(4),

E.I.P.R. 197 The dominant justification for intellectual property rights at least in the West and international treaties is utilitarian, and more precisely based on the Chicago School of Law and Economics (first section). However, this school of thou... Read More about Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach.

Happy IP: aligning intellectual property rights with well-being (2015)
Journal Article
Derclaye, E., & Taylor, T. (2015). Happy IP: aligning intellectual property rights with well-being. Intellectual Property Quarterly, 1,

The Chicago School of the law and economics movement, on which the predominant justification for independent property rights is based in most countries, is flawed mainly because it takes economic wealth as the sole proxy for well-being. We suggest re... Read More about Happy IP: aligning intellectual property rights with well-being.

The Court of Justice Copyright Case Law: Quo Vadis? (2014)
Journal Article
Derclaye, E. (2014). The Court of Justice Copyright Case Law: Quo Vadis?. European Intellectual Property Review, 36(11), 716-723

Almost a quarter of a century after the adoption of the first EU directive in the field of copyright , the case law of the Court of Justice of the European Union (“the CJEU” or “the Court”) on copyright is now pervasive; there is no aspect of copyri... Read More about The Court of Justice Copyright Case Law: Quo Vadis?.

Assessing the impact and reception of the Court of Justice of the European Union case law on UK copyright law: what does the future hold? (2014)
Journal Article
Derclaye, E. (2014). Assessing the impact and reception of the Court of Justice of the European Union case law on UK copyright law: what does the future hold?. Revue internationale du droit d'auteur, 2014(240),

Very soon it will be a quarter of a century since the first EU directive in the field of copyright was adopted. The case law of the Court of Justice of the European Union (“the CJEU” or “the Court”) on copyright is now pervasive; there is no aspect... Read More about Assessing the impact and reception of the Court of Justice of the European Union case law on UK copyright law: what does the future hold?.

L'évolution récente en droit de la propriété intellectuelle au Royaume-Uni (2011-2013): La lettre d'Angleterre (2013)
Journal Article
Derclaye, E., & Torremans, P. (2013). L'évolution récente en droit de la propriété intellectuelle au Royaume-Uni (2011-2013): La lettre d'Angleterre

What can intellectual property law learn from happiness research? (2013)
Book Chapter
Derclaye, E. (2013). What can intellectual property law learn from happiness research?. In G. B. Dinwoodie (Ed.), Methods and Perspectives in Intellectual Property. Edward Elgar

Recent French decisions on database protection: Towards a more consistent and compliant approach with the Court of Justice's case law? (2012)
Journal Article
Derclaye, E. (2012). Recent French decisions on database protection: Towards a more consistent and compliant approach with the Court of Justice's case law?. 00 Journal not listed, 3(2), 1-13

Since the official date of implementation of the Database Directive , namely the 1 January 1998, 14 years have now already passed. During this decade and a half, French courts have handed down around 30 decisions on database protection. Between 1998... Read More about Recent French decisions on database protection: Towards a more consistent and compliant approach with the Court of Justice's case law?.

Eudemonic intellectual property: patents and related rights as engines of happiness, peace, and sustainability (2012)
Journal Article
Derclaye, E. (2012). Eudemonic intellectual property: patents and related rights as engines of happiness, peace, and sustainability

The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After havi... Read More about Eudemonic intellectual property: patents and related rights as engines of happiness, peace, and sustainability.

The European Union and copyright (2012)
Book Chapter
Derclaye, E., Smulders, B., & Cohen Jehoram, H. (2012). The European Union and copyright. In P. Geller (Ed.), International copyright law and practice. LexisNexis