Issue #2 – 2018

In this issue, we are proud to present the works of a talented group of young researchers. Stockholm university master graduates Kate Galilee and Ana Barbu publish articles based on their master theses in copyright law. Galilee analyses the ‘panorama exception’ for uses of public architectural works and Barbu writes about the ‘parody exception’ and its relation to freedom of expression. Astrid Wilson Roldão, associate at Vinge, presents a case note on unconventional trade marks and product design. Harsh Mahaseth’s contribution gives a global perspective on the Marrakesh Treaty and the important work towards social inclusion.

We hope you will enjoy this second issue of Stockholm Intellectual Property Law Review!

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The market for patents in Sweden:

past and present

– By David E. Andersson and Fredrik Tell –

ABSTRACT

The worldwide revenues from the sale and licensing of patents have soared into the hundreds of billions of dollars in recent years. Consequently, the market for patents has become an important strategic option for firms to stay competitive, both by allowing them to leverage their own intellectual property rights (IPR), but also as a way of accessing important external technology.

This article analyzes markets for patents in Sweden past and present by presenting and examining data on the market for patents in the 19th century as well more recently available data. We show that the origins of technology trade can be traced back to the 18th century and that an active national market for patents emerged by the end of the 19th century where intermediaries such as patent agencies and specialized marketplaces helped to broker deals between buyers and sellers of inventions.

By contrast, today the domestic Swedish markets for patents is relatively insignificant, but Swedish firms instead act on international markets for patents. More firms are active on the demand side than on the supply side of the market, which indicates that the impact of a few large firms on the aggregate number is potentially large.

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To what extent should uses of public architectural works

be permitted under European copyright law?

– By Katherine Galilee –

ABSTRACT

This paper argues that the optional exception to copyright law contained in Article 5(3)(h) of Directive 2001/29/EC should be extended to clearly include commercial uses of copyrighted works, and should be made mandatory across the European Union. Copyright law must be clearly justifiable, requiring a balance between the private interest of right holders and the wider public interest.

It is argued that the significant role of architecture in society is such that there is great public interest in the public being able to freely use copyrighted architectural works for commercial and non- commercial purposes, and that copyright law must therefore be reformed to reflect this.

It is argued further that the distinction between commercial and non-commercial uses is unworkable following the digital revolution, and that an unharmonised panorama exception is incompatible with the European Union’s Digital Single Market Strategy and creates uncertainty amongst European citizens.

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Balancing the line of design

– By Astrid Wilson Roldão –

Case Note

A study of two recent trade mark cases and what they can tell us about the protection of unconventional trade marks.

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Parody in European copyright law

and the two sides of the coin

– By Ana-Maria Barbu –

ABSTRACT

The purpose of this article is to examine the complexity of the concept of parody from dual perspectives, namely as a copyright defence provided by the InfoSoc Directive in Article 5(3)(k) and as a manifestation of the freedom of expression which is guaranteed by the Charter in Article 11.

Mainly, the research identifies if there is a justified need of the European legislator for intervention on the current provisions that concern the European treatment of parody and examines whether the Commission’s Digital Single Market intervention is an adequate step forward to modernizing the EU copyright framework.

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The Marrakesh treaty and the approach

towards social inclusion

– By Harsh Mahaseth –

ABSTRACT

Today intellectual property (IP) comprises an increasing share of firms’ resources and IP rights (IPRs) are important sources of competitiveness. Consequently, there is an increasing interest in how to properly manage IP. IP lawyers need to better understand business decisions and business managers need to better understand IP law. These needs are addressed by a growing area of research on IP management in the intersection between IP law and management.

This article presents a literature review of the broad field of IP management research, with the aim to provide IP law practitioners, managers, and academics with an overview of what we know about IP management, to guide readers in how/where to learn more, and how to move forward in both research and practice. A general conclusion is that the research is rich and quickly growing, but has too little focus and data on strategic IP management issues. Both research and practice need to adopt a more holistic perspective on IP, including different rights and integrating with strategic decision-making.

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