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Browsing LAW Articles by Author "ROSATI, Eleonora"
Now showing items 1-13 of 13
Title:On Netlog, ACTA and the Scope of IPR Injunctions in the EU
Author(s):ROSATI, EleonoraDate:2012Type of Publication:ArticleAbstract:On 16 February this year the Court of Justice of the European Union (“CJEU”) published its decision in Case C-360/10 Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v Netlog NV (“Netlog”). This was ...
Title:ECJ Interprets InfoSoc Exception for Ephemeral Recordings
Author(s):ROSATI, EleonoraDate:2012Type of Publication:ArticleAbstract:The Court of Justice of the European Union (ECJ) has interpreted Article 5(2)(d) of and recital 41 in the preamble to the InfoSoc Directive (Directive 2001/29), which allow EU Member States to adopt an exception or limitation ...
Title:Copyright in Diagnostic Tests: Not yet the end for fair use
Author(s):ROSATI, Eleonora; ROSATI, Carlo MariaDate:2012Type of Publication:ArticleAbstract:The authors tackle the issue of copyright protection under US law for diagnostic tests such as the Folstein Mini-Mental State Examination (MMSE). The article claims that no copyright vests in such works, these being outside ...
Title:US Supreme Court Says Public Domain Works May Return to Copyright
Author(s):ROSATI, EleonoraDate:2012Type of Publication:ArticleAbstract:Golan et al. v Holder, Attorney General, et al., US Supreme Court, 565 US (2012), 18 January 2012. In a 6-2 ruling, the US Supreme Court held that Section 514 of the Uruguay Round Agreements Act (URAA) of 1994, which ...
Title:Originality in a Work, or a Work of Originality: The effects of the infopaq decision
Author(s):ROSATI, EleonoraDate:2011Type of Publication:ArticleAbstract:The issue of further harmonisation of copyright at the EU level is currently at the centre of heated debates concerning its desirability and feasibility as such. In the course of 2010 alone, the Wittem Group published its ...
Title:Yahoo! Liable for Contributory Infringement by Display of Links to Infringing Websites
Author(s):ROSATI, EleonoraDate:2011Type of Publication:ArticleAbstract:Comment to PFA Films S.r.l. v Google Italy, Microsoft S.r.l. and Yahoo! Italia S.r.l., Tribunale di Roma, ordinanza, 20 March 2011. By an ordinanza (interim injunction), the Tribunale di Roma (Rome court of first instance) ...
Title:The Hargreaves Report and Copyright Licensing: Can national initiatives work per se?
Author(s):ROSATI, EleonoraDate:2011Type of Publication:ArticleAbstract:In May 2011 Prof. Hargreaves published his review of intellectual property and growth entitled Digital Opportunity, which had been commissioned by the UK Prime Minister, David Cameron. The Hargreaves Report is focused ...
Title:The Wittem Group and the Project of a European Copyright Code
Author(s):ROSATI, EleonoraDate:2010Type of Publication:ArticleAbstract:--Legal context: The issue of further harmonisation of copyright at the European level is currently at the centre of one of the most interesting debates on the future of intellectual property law. In 2002 a group of leading ...