European Union Competition Law, Intellectual Property Law and Standardization

2016 ◽  
Author(s):  
Damien Geradin
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson

This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the ways in which the European Union is involved in intellectual property law, such as its involvement in negotiating and signing treaties. Finally, it looks at the European Economic Area and non-EU regional initiatives on intellectual property, as well as the implications of Brexit.


2021 ◽  
Vol 15 (2) ◽  
pp. 175-196
Author(s):  
Krzysztof Żok

Free and open source software (FOSS) has undoubtedly become an important element of intellectual property law. It is therefore not surprising that the European Commission developed its own non-proprietary licence, i.e. the European Union Public Licence (EUPL). The article examines the reference to ‘a work of software’ to determine the scope of the licence. For this purpose, the paper discusses the reasons for the creation of the EUPL, the relationship between a work and software as well as the structure of a computer program. The following considerations also include the compatible licences listed in the EUPL Appendix. The article concludes that the reference to a work or software is not accidental because it removes serious doubts arising from the concept of a computer program. Thus, this legal solution may facilitate the wider adoption of the licence.


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