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- Johansson, David, 1986-
(författare)
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Skada och ersättning vid immaterialrättsliga intrång
- 2020
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Damages are the only remedy in the law of intellectual property (IP) through which rightsholders may recover compensation following an infringement of their rights. Because the intellectual property framework’s main goal is to protect rightsholders’ investments, one might believe that damages would serve an important role in the majority of infringement cases. This has not been the case in Sweden.Determining intellectual property damages is often considered difficult. The perceived difficulties and associated risks have often discouraged rightsholders from either claiming damages at all or from spending the resources necessary to provide the necessary investigation and legal argumentation. Considerable uncertainty remains, despite the fact that the current regulatory framework for intellectual property has been in place for many years, with provisions made clearer through the implementation of the so-called Enforcement Directive (2004/48/EC). This uncertainty is not only detrimental to IP rightsholders but also may increase burdens on infringers to defend themselves against unfounded damage claims.This dissertation takes a closer look at the intellectual property provisions on damages in Sweden and Article 13 of the Enforcement Directive in light of the decisions of Swedish courts and the Court of Justice of the European Union. The analysis focuses on the inherent tension between the concept of actual damage, or prejudice, and the principles that guide the actual determination of the damages. In doing so, the dissertation continuously discusses and evaluates the different possibilities inherent in the relevant legal provisions. It strives to go beyond the specific questions regarding the pure calculation of damages in order to provide some insight into the legal and systematic challenges in effectuating them. The dissertation also addresses several issues regarding evidentiary thresholds and traditional tort law concepts, such as causation, and focuses on what happens when we try to apply traditional models within an intellectual property context.
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| 2. |
- Kilebrant, Marcus, 1983, et al.
(författare)
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The size of the damage zone in relation to the linear charge concentration
- 2009
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Ingår i: 9th International Symposium on Rock Fragmentation by Blasting, FRAGBLAST 9; Granada; Spain; 13 September 2009 through 17 September 2009. - 9780415482967 ; , s. 449-457
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Konferensbidrag (refereegranskat)abstract
- To evaluate the relation between the linear charge concentration (LCC) and the damage zone a project was initiated where six different charges and explosives were tested, ranging in LCC from 80 g/m to 3.7 kg/m. Test blasts were performed in a Swedish aggregate quarry consisting of hard crystalline rock (granitic gneiss). After the test blasts one rock core for each explosive was drilled, in a horizontal direction, starting at the remaining half cast on the rock face. A number of test methods were used in order to log the extension of blast damage along the rock core. As a first step, conventional fracture mapping was performed on the cores to detect visible damage. The cores were then split into approx 10 cm long rock samples. On each sample ultrasonic velocity, porosity and density were measured. The methods were used to show variations in material properties. Reliable estimates of the damage zone from each explosive could be made using the combined results from these methods. The determined depth of the damage zone varied from 0.14 m to 2.42 m and a good correlation between the LCC and the depth of the damage zone was found and could be expressed by an empirical formula. The measured results compared favourably with two other empirical formulas taken from literature (Sjöberg et al. 1977, SRA 1991).
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| 3. |
- Lundstedt, Lydia, 1965-
(författare)
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Territoriality in Intellectual Property Law : A comparative study of the interpretation and operation of the territoriality principle in the resolution of transborder intellectual property infringement disputes with respect to international civil jurisdiction, applicable law and the territorial scope of application of substantive intellectual property law in the European Union and United States
- 2016
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The principle of territoriality is a truism in intellectual property (IP) law. A premise underlying the principle is the right of each state to determine the extent to which IP rights exist and are protected within its own territory to fulfil its own economic, social and cultural policy goals. This is done by giving a right to prevent others from doing within the protected territory any of the acts that are exclusively reserved to the right holder under the IP statute that granted or protects the IP right. The principle of territoriality informs that IP rights granted or protected by a state are independent from those granted or protected by other states, and that the rights conferred under each state’s IP law are limited to the territory of that state. As the principle of territoriality neatly allocated jurisdiction among states on a territorial basis, it purportedly obviated the need for private international law. Each state exercised jurisdiction over the infringement of its own rights and applied its own domestic IP law, which served the interests of the states and of the parties.With the increase in the protection and exploitation of IP rights across national borders, infringements do not remain within hermetically sealed national territories. Acts taken in one state can have effects in other states and impair the policies that the rights were designed to fulfil. This raises questions concerning the territorial scope of application of the domestic IP law, that is, whether it is interpreted with respect to a domestic tangible act, effects on a domestic policy goal or both. In addition, the transborder exploitation of IP rights raises questions of private international law with respect to whether states exercise jurisdiction and apply national law to disputes concerning infringements of their domestic rights or whether states exercise jurisdiction and apply national law to disputes arising from acts committed in their territories (or both). These determinations may depend on different factors such as the different interests taken into consideration (e.g. state or party interests), the different legal traditions upon which the legal systems are based and the characteristics and functions of the IP rights themselves.This dissertation compares the interpretation and operation of the principle of territoriality of IP law in the private law resolution of transborder IP infringement disputes in the legal systems of the European Union and the United States, two distinctly different legal systems that have significant trade and investment relations with each other. The comparison shows that while the systems are functionally similar, the principle of territoriality is interpreted and operates somewhat differently in the two legal systems.
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| 4. |
- Nordberg, Ana, et al.
(författare)
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EU Design Law and 3D Printing : Finding the Right Balance in a New E-Ecosystem
- 2017
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Ingår i: 3D Printing, Intellectual Property and Innovation. - 9789041183828 ; , s. 275-302
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Bokkapitel (refereegranskat)abstract
- The article considers the implications for EU design law of 3D-printing. It first describes the 3D-printing technology and the e-ecosystem which is evolving around the technology and involves a number of new stakeholders who in different ways are engaged in the making and sharing of CAD-files and/or printing. It is submitted that it is only a matter of time before 3D-printing equipment becomes ubiquitous. It is pointed out how the new technology and e-ecosystem at the same time represent threats and opportunities to design holders and to the societal interests in design and design law. EU design law is analysed and it is concluded that the current legal framework is not geared to deal with these challenges. In particular the scope of the private and non-commercial use exception and the liability of producers and providers of CAD-files are presently uncertain. It is finally argued that there is a dire need to address the challenges and to provide legal certainty. In so doing a balance should be struck which reflects both the legitimate interests of design holders and of users and which relies on a combination of responses found both in legislation and in systems based on self-governance.
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| 5. |
- Szkalej, Kacper F., 1988-
(författare)
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Copyright in the Age of Access to Legal Digital Content : A study of EU copyright law in the context of consumptive use of protected content
- 2021
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In a world where copyright is being infringed in a plethora of ways, consumers find it difficult to access legal digital content. Therefore, this thesis investigates how copyright law governs access to legal content in the digital environment in respect of so-called consumptive use. By apprehending a user-centric approach I evaluate whether and how copyright law accounts for the consumer interest to access digital content that originates from an authorised online service. EU copyright law, especially the InfoSoc Directive, constitutes the legal frame of analysis, but the study also observes national law where references are warranted. Legal reasoning is complemented by economic arguments and a technological perspective for a more informed and market-based evaluation. These insights expand the limits of analysis, making it possible to carry out an evaluation against what I call copyright exclusivity - the accumulated bargaining power consisting of exclusive rights conferred by copyright law that apply at both ends of the content distribution chain, and opportunities to regulate and diversify technical conditions for access with DRM systems. Moreover, these insights allow viewing the notion of access in two distinct ways – as a matter of possibility to enjoy already acquired content, and as a matter of supply of digital content, involving general and diverse availability of content on a market and which is accessible to the consumer.Accordingly, the investigative effort relies on two internal approaches to structure copyright rules that are evaluated. The first one is the conventional approach to consumer interests that centres on the system of copyright limitations. In this respect I evaluate the viability of consumptive limitations in the digital environment against copyright exclusivity, considering the private copying limitation and the temporary copying limitation. The second approach I introduce in the thesis and call it the newfangled approach to consumer interests. It centres on mechanisms outside the system of limitations, particularly as introduced by the Cross-Border Portability Regulation and the doctrine of exhaustion, which are evaluated using a benchmark of continuity of access to content. The study demonstrates that the different mechanisms that copyright law contains within and outside the system of limitations are suitable for ensuring access to legal content, however the evaluation leads to a formal rejection of most of them under the current legal framework. Against this the thesis proposes to formulate future copyright policy on the basis of especially a consideration of the interests of copyright users and the unpredictable nature of the use of technology for content delivery and access control. Beyond the user centric approach focusing on consumptive use of legal content, the overall scientific contribution of the thesis is the systematisation of copyright protection, the system of limitations, and fundamental rights in light of new case law, as well as a comprehensive assessment of the Cross-Border Portability Regulation. Moreover, the thesis proposes a novel approach to the question of digital exhaustion set in the context of the so-called making available right.
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