All Outputs (54)

ECJ clarifies collecting societies’ rights in relation to the cable retransmission right but leaves some questions unanswered (2006)
Journal Article
Derclaye, E., & Strowel, A. (2006). ECJ clarifies collecting societies’ rights in relation to the cable retransmission right but leaves some questions unanswered. Journal of Intellectual Property Law and Practice, 1(12), https://doi.org/10.1093/jiplp/jpl147

The Belgian Copyright Act finally revamped with the implementation of the Copyright Directive (2001/29): the good, the bad and the ugly (2005)
Journal Article
Derclaye, E. (2005). The Belgian Copyright Act finally revamped with the implementation of the Copyright Directive (2001/29): the good, the bad and the ugly

On 22 May 2005, exactly two and a half years too late according to the maximum implementation deadline, Belgium finally implemented Directive 2001/29 on copyright and related rights in the information society (“the Directive”). The act was published... Read More about The Belgian Copyright Act finally revamped with the implementation of the Copyright Directive (2001/29): the good, the bad and the ugly.

An economic analysis of the contractual protection of databases (2005)
Journal Article
Derclaye, E. (2005). An economic analysis of the contractual protection of databases

Databases sui generis right: what is a substantial investment? A tentative definition (2005)
Journal Article
Derclaye, E. (2005). Databases sui generis right: what is a substantial investment? A tentative definition. International Review of Intellectual Property and Competition Law, 36(1),

This article reviews the national case law and summarises the views of commentators relating to the concept of substantial investment. This the requirement for a database to be protected by the European sui generis right. The discussion shows that th... Read More about Databases sui generis right: what is a substantial investment? A tentative definition.

The ECJ interprets the database sui generis right for the first time (2005)
Journal Article
Derclaye, E. (2005). The ECJ interprets the database sui generis right for the first time. European Law Review, 30,

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 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.

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),