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Dear CIIR friend,

Fall has arrived and so has our second newsletter this year. Since the latest update in June, our centre has been very active and we're delighted to present you a condensed overview of current developments, events and our research.

The semester has started a couple of weeks ago and research-based teaching takes a great deal of our work at CIIR. Besides, the last months have seen a large amount of Danish and international publications, some of which we highlight below.

Another important part of our work is the exchange with other researchers. Earlier this month, for example, Stefan Larsson from the Lund Internet Institute (LUii) was visiting us to present his research over a lunch meeting. For opportunities to join us at these regular informal sessions, keep an eye on our twitter account.

We also encourage researchers with research interests similar to ours from other institutions to apply to our visiting program.

In September we had the pleasure to welcome a new doctoral student, Vadym Semenov. Our PhD researchers work on a variety of cutting-edge issues and this edition also includes a short overview over their current work.

At the next CIIR Update on 18 November 2015, you will have the chance to meet the CIIR researchers and to learn more about current topics including standard essential patents and ".onion" IP infringements on the dark web.

For students at the Faculty of Law, we will host a CIIR Open House session regarding Master theses on 10 November 2015.

Finally, for the most recent updates, we encourage you to follow us on twitter @CIIR_KU.

Happy reading.

Best regards,
The CIIR-team

 
In this issue:

News from the centre

This is a selection of recent centre news. You can find all news on our website ciir.dk in English or Danish.

CIIR welcomes new doctoral student Vadym Semenov
Vadym holds an LL.M. degree from Stockholm University and has almost 14 years of practical experience in the Ukraine. His research project is on “SSO policy, FRAND and right for injunction: balance between public and private interests”.

CIIR presents at the 5th EAHL-Conference, Prague, October 1-2, 2015
PhD researcher Berit Faber gave a presentation on "Legal pathways for donors’ rights in genetic biobanks – Tools for securing the rights of donors in genetic biobanking" earlier this month at the 5th European Association of Health Law (EAHL) Conference.
 

Jørgen Blomqvist awarded the Koktvedgaard Prize 2015
Jørgen Blomqvist, Honorary Professor of International Copyright, was awarded the 2015 Koktvedgaard Prize by the Forening for Entertainment- og Medieret on 3 September 2015. Jørgen is also featured as CIIR profile in this newsletter. 
 

CIIR's Visiting Scholar Programme
Scholars from other institutions with a research interest in one of CIIR’s research areas are welcome to apply for a research visit at the centre for a minimum period of three weeks to one year.

CIIR Thesis Award: 5.000 DKK for the best Master Thesis
In 2015, for the first time, CIIR will award 5.000 DKK for the best master thesis. The centre's Supervisors will select their most exceptional thesis, which will compete in a final assessment by our academic staff. The prize will be awarded at a CIIR event in early 2016.

Article on new rules for collective management in the information society (in Danish)
Sebastian Schwemer held a presentation on the new rules at the Nordic Copyright Symposium earlier this year. An article on his talk is forthcoming in NIR 5/2015 and is available as pre-print.

New edition of "Immaterielret" (in Danish)

A new edition of Immaterialret has been published in September. 


Read more (Danish)


 

Recent and upcoming events

This is a selection of recent and upcoming events at the centre. You can find all events on our website ciir.dk in English or Danish.
Upcoming
CIIR Open House for Master Thesis Students on 10 November 2015 (in English)

Are you considering writing a thesis in information law? This event, where you meet CIIR's researchers and learn about current research and legal issues, will help you to get started. Please sign up here.
 

CIIR Update on current research on 18 November 2015, 3 pm (in Danish)

The event gives practicians within intellectual property and IT law an opportunity to catch up on current issues and the most recent research at CIIR. For registration and more information check here.
 

Recent
Innovation vs. Replication: Can IPR be safeguarded in India? 18 September 2015

CIIR co-hosted a workshop with Innovation Centre Denmark and Biopeople, Denmark’s Life Science Cluster, on the question whether IPR can be safeguarded in India. Read more
 

Lunch Seminar with Stefan Larsson from the Lund Internet Institute on 8 October 2015

Stefan presented his socio-legal research on "Legal Challenges in a Digital Context: Social norms and online traceability". You can read more about the event and his research here.
 


 

Get inspired by CIIR's PhD researchers

CIIR's current PhD researchers are working on a variety of cutting edge legal issues, such as standardization, digital content licensing, synthetic biology and the relation of freedom of expression with IP rights.

The researchers can be contacted directly or via the centre at at ciir@jur.ku.dk.
 
Pernille Bruun Andersen
Pernille examines the interrelationship between copyright and freedom of expression. The purpose of her comparative study, where she looks at European and U.S. case law,  is among other things to identify how freedom of expression can affect the outcome of copyright cases.

CIIR profile | Twitter
Berit Faber
Berit is working on legal issues relating to international bio banking. Her objective is to describe and analyze models of consent, models of securing confidentiality, models of ownership of samples and benefit-sharing in order to identify converging and differing ethical principles in relation to legislation and governance.

CIIR profile 
Olga Kokoulina
Olga's research focuses on the issue of patent remedies in a complex case of standard essential patents in the ICT sector. The system of proposed remedies should take into account the specificity of the sector, the issue of competence in patent and competition law, as well as economic incentives of all the relevant stakeholders. 

CIIR profile 
Søren Ullitis Olai Nielsen
Jøren asks if news can be identified as a transverse horizontal legal principle. He finds that news is characterized by actuality, relevance, objectivity, editing, continuity, duration and publication, thus seeks the content of such descriptors as common legal criterias. 

CIIR Profile | DMJX profile
Neethu Rajam
Neethu is interested in studying policy-related questions on IP law, especially in the context of biorepositories, with a focus on the issues of sustainability, cross-cooperation of biobanks with research and industrial structures and valourization of biobanks as important tools in medical research.

rajam.neethu@jur.ku.dk
Sebastian Felix Schwemer
Sebastian is interested in studying policy-related questions on law and the Internet. In his current research, he examines copyright licensing in the field of streaming and its relation to competition law. Besides, he is intrigued by entrepreneurial approaches to law by means of AI or automation, and legal informatics.

CIIR Profile | HIIG Profile | Twitter
Vadym Semenov
Vadym holds an LL.M. degree from Stockholm University and has almost 14 years of practical experience in the Ukraine. His research project is on “SSO policy, FRAND and right for injunction: balance between public and private interests” and aims to find the most beneficial legal regime of enforcement.

vadym.semenov@jur.ku.dk
Jakob Wested
Jakob’s research is focussed at IP strategies and the governance of innovation systems: How may patents be used to build, sustain and develop innovation systems? What theoretical framework may provide a sound basis for analysis of the emerging innovation system in synthetic biology?   

CIIR Profile

 

Latest publications

This is only a selection of recent publications. For the full list of publications please check our website ciir.dk under publications. Read more »
English publications

Emerging models for cross-border online licensing and user-generated law. / Schwemer, Sebastian Felix. In: User-Generated Law: Re-constructing Intellectual Property Law in the Knowledge Society. red. / Thomas Riis. Edward Elgar Publishing, Incorporated, 2015.

 

Enforcing Patent Law in the Era of 3D Printing. / Ballardini, Rosa Maria ; Norrgård, Marcus; Minssen, Timo. In: Journal of Intellectual Property Law & Practice, 07.2015.

 

Judicial activism, the Biotech Directive and its institutional implications – Is the Court acting as a legislator or a court when defining the ‘human embryo’?. / Faeh, Andrea Beata. In: European Law Review, 10.2015.


More competition law-FRANDly IPR policies: A solution to SSOs’ problems of self-governance ?. / Kokoulina, Olga; Minssen, Timo. In: User Generated Law- Re-constructing Intellectual Property Law in the Knowledge Society. Edward Elgar Publishing, Incorporated, 2015.
 

The Court of Justice of the EU Judgment on Data Protection and Internet Search Engines. / Kuner, Christopher Barth. In: LSE Law, Society, and Economy Working Paper Series. udg. London School of Economics and Political Science, 2015. s. 1-23.

 

The Place Where the Harmful Event Occurred in Exclusive Rights Litigation. / Larsen, Torsten Bjørn. In: I: N I R, 2015.

 

Life after Myriad: The Uncertain Future of Patenting Biomedical Innovation & Personalized Medicine in an International Context. / M. Schwartz, Robert; Minssen, Timo. In: Intellectual Property Quarterly, Vol. 2015, Nr. 3, 08.2015, s. 189-241.

Danish publications

Beskyttelse af den gode idé. / Schovsbo, Jens Hemmingsen.

Iværksætterens juridiske udfordringer. red. / Jesper Lau Hansen. Djøf / Jurist- og Økonomforbundet, 2015. s. 83-129.


Er en forbudsklausul i en softwarelicensaftale gyldig og kan håndhæves?. / Larsen, Torsten Bjørn. In: N I R, 2015.


Immaterialret - ophavsret - patentret - brugsmoderet - designret varemærkeret. / Jens Schovsbo, Morten Rosenmeier, Clement Salung Petersen. 4. udgave, Jurist- og Økonomiforbundets Forlag 2015


Kollektiv forvaltning i informationssamfundet og det nye regime under direktivet 2014/26/EU. / Schwemer, Sebastian Felix. In: N I R 5/2015.


 

Teaching in Spring 2016

CIIR offers the following courses in the spring 2016:
Bachelor Level
Master Level

 

In the press

Danish Tax Authority is systematically violating citizen's privacy (in Danish)

Henrik Udsen interviewed in article on the recent privacy scandal involving the Danish Tax Authority. Read the article here (in Danish).

Online medias' use of Facebook sites on radio programme P4 (in Danish)

Listen to PhD student Jøren Ullits Nielsen in an interview on DR P4 here (in Danish).

Copying on the Internet: What's allowed? (in Danish)

Sebastian Schwemer interviewed on different forms of streaming content via Netflix, PirateBay & Co. Read the publication here (in Danish).

What to do when you're met with a claim for damages in Popcorn Time? (in Danish)

Henrik Udsen and Clement Salung Pedersen have some of the answers for the readers of Version2. Read the article here (in Danish).

Morten Rosenmeier cited in blogpost on "We lack a digital culture policy" (in Danish)

You can read the blogpost "Vi mangler en digital kulturpolitik" here (in Danish). A stream from the cited UBVA event on Folkemødet is available here.

CIIR Profile: Jørgen Blomqvist


Jørgen Blomqvist is Honorary Professor in international copyright.

In 2010, Jørgen joined CIIR after working for 17 years in the copyright sector of the World Intellectual Property Organization (WIPO) in Geneva. Since he obtained his MLL degree from the University of Copenhagen almost 40 years ago, his career has been devoted to copyright.
Initially he worked for the Ministry of Culture, in particular with the preparation of the thorough reform of the copyright legislation, which took place in 1995. In the meantime, Jørgen had rejoined the Faculty of Law, now as a Research Fellow, and from there he moved on to KODA, the Danish performing rights organization. After working six years with the management of music copyrights, he joined WIPO in 1992. Firstly he worked as a Senior Legal Advisor, later as Head of Section and finally as Director of the Copyright Law Division.

During his copyright career, Jørgen has worked with almost all theoretical and practical aspects in the field, but he has also had the opportunity to specialize in certain specific areas, notably the protection of photographic pictures, where he was instrumental in a major reorganization of the protection, which took place in 1995. He has also contributed to the legal understanding of licenses and assignments of copyright and the interpretation of such contracts.

This was also the subject of his PhD thesis, which was published in 1987, and the following year awarded the Gad’s Lawyer’s Prize.  His most recent major work is the Primer on International Copyright and Related Rights, which is published by Edward Elgar. Presently, he works on a research project dealing with the interpretation principles to be applied to the core copyright and related rights conventions. In September, his particular interest in international law was underlined when he was awarded the 2015 Koktvedgaard Prize by the Danish Association for Entertainment and Media Law.

Jørgen is a staunch defender of copyright and related rights protection and in his view; such a protection is needed more than ever today, where the internet facilitates the dissemination of culture, information and entertainment. The internet would be useless without content, and copyright is the legal instrument, which assures that money is channeled from the viewers and listeners to the creators, performers and producers.

However, that is not the same as saying that copyright should always be stronger and last longer. “All the time I have worked with copyright, the limitations and exceptions have been the focus much more than the rights”, he says. “The system can only be defended when it properly balances the different interests of the various stakeholders, but in the end we must realize that contents costs money, and there are but the consumers to pay.”

 
@CIIR_KU
www.ciir.dk
Copyright © 2015 Centre for Information and Innovation Law (CIIR), All rights reserved.


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