Month: June 2022

Green Power and SCE Solar v Spain: From the Primacy of EU Law to Lex Superior

Jed Odermatt

In the arbitration proceedings in Green Power Partners K/S & SCE Solar Don Benito APS v Spain (SCC 2016/135) the tribunal decided that it has no jurisdiction to hear and decide the claims before it. This finding is important because it is the first time that an arbitral tribunal has accepted the so-called ‘intra-EU’ objection to admissibility of claims between EU Member States.

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The UK Intellectual Property Office’s Consultation on Computer-Generated Works

Patrick Goold

The UK Copyright, Designs and Patents Act 1988 contains an odd section concerning ‘computer-generated works’. Section 9(2) of the Act states that when a work has no ‘human author’ and is generated by a computer, the work ought to be protected by copyright for 50 years, with the copyright owned by the person who made the necessary ‘arrangements’ for the work’s generation.

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Modest Gains at the WTO Ministerial Conference

David Collins

The 12th World Trade Organization (WTO) Ministerial Conference took place in Geneva last week with representatives of all 164 member countries in attendance – collectively comprising the WTO’s highest decision-making body. The stakes were high – there have been no major multilateral trade initiatives in decades, leaving the 27-year-old organization struggling to justify its existence in a world increasingly dominated by bilateralism or worse, economic isolationism. In the aftermath of the Covid-19 pandemic and the ongoing war in Ukraine, both of which have dealt significant blows to standards of living worldwide, the WTO was under much pressure to deliver tangible progress in trade liberalization. In the minds of many, failure was simply not an option.

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AI and IP: Building a Research Agenda

Patrick Goold

Artificial intelligence poses new questions for intellectual property (IP) law. Can machines be inventors for purposes of patent law? Do creative works produced by AI deserve copyright protection? Is new legislation required to govern AI creativity? Courts, IP offices, and legislators in multiple jurisdictions are considering these questions.

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‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People’s Tribunals

Dr Aldo Zammit Borda

This article considers that, in the current state of international justice, informal People’s Tribunals (PTs) constitute indispensable, quasi-judicial institutions that bridge gaps in access to justice, challenge official narratives (or silences) about atrocities and, potentially, open up new avenues towards justice and recognition.

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