Postkantoor in Iceland: On a margin of appreciation for European IP Offices in assessing the descriptiveness of trademarks download

Berichten Industriële Eigendom, iss. : 5, pp: 194-201, 2025

margin of appreciation, Trademark law

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Freedom of Political Expression and the Limits of Trademark Power: IKEA v. Vlaams Belang external link

Human Rights Here, 2025

Freedom of expression, Trademark law

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Opinie: De EMFA treedt in werking: kleine stappen in grote schoenen download

Mediaforum, iss. : 5, pp: 169, 2025

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Thuiskopieheffing is nog niet op haar retour external link

IE-forum, 2025

Copyright, thuiskopie

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Comparing the Right to an Explanation of Judicial AI by Function: Studies on the EU, Brazil, and China external link

Metikoš, L., Iglesias Keller, C., Qiao, C. & Helberger, N.
pp: 31, 2025

Abstract

Courts across the world are increasingly adopting AI to automate various tasks. But, the opacity of judicial AI systems can hinder the ability of litigants to contest vital pieces of evidence and legal observations. One proposed remedy for the inscrutability of judicial AI has been the right to an explanation. This paper provides an analysis of the scope and contents of a right to an explanation of judicial AI in the EU, Brazil, and China. We argue that such a right needs to take into account that judicial AI can perform widely different functions. We provide a classification of these functions, ranging from ancillary to impactful tasks. We subsequently compare, by function, how judicial AI would need to be explained under due process standards, Data Protection Law, and AI regulation in the EU, Brazil, and China. We find that due process standards provide a broad normative basis for a derived right to an explanation. But, these standards do not sufficiently clarify the scope and content of such a right. Data Protection Law and AI regulations contain more explicitly formulated rights to an explanation that also apply to certain judicial AI systems. Nevertheless, they often exclude impactful functions of judicial AI from their scope. Within these laws there is also a lack of guidance as to what explainability substantively entails. Ultimately, this patchwork of legal frameworks suggests that the protection of litigant contestation is still incomplete.

Artificial intelligence, digital justice, right to an explanation

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Meet the Book Editor: Intellectual Property and the Human Right to a Healthy Environment external link

JLS Blog, 2025

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Article 3: The Untapped Legal Basis for Europe’s Public AI Ambitions external link

Kluwer Copyright Blog, 2025

Artificial intelligence, CDSM Directive, Copyright, exceptions and limitations, Text and Data Mining (TDM)

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Fashion Upcycling and Trademark Infringement: A Circular Economy/Freedom of the Arts Approach download

In: Tan D, Fromer J, Gangjee D, eds. Fashion and Intellectual Property, Cambridge University Press, 2025, pp: 217-251, ISBN: 9781009519618

Abstract

Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing: using second-hand garments as raw materials for new creations, upcyclers can ransform used pieces of clothing into new fashion products that may become even more sought-after than the source material. Considering the overarching policy objective to ensure a circular economy, the use of trademark-protected fashion elements for upcycling purpose can be qualified as a particularly important form of artistic expression. The reference to products of the original trademark owner is made for the socially valuable purpose of providing a vision of better, more sustainable production and consumption practices.

Fashion, infringement, Trademark law, upcycling

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Annotatie bij Hof van Justitie van de Europese Unie 9 november 2023 (Google Ireland, Meta Platforms Ireland, Tik Tok Technology / Kommunikationsbehörde Austria (KommAustria)) download

Nederlandse Jurisprudentie, iss. : 29, num: 253, pp: 5315-5316, 2025

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Human Rights in Technology — A Need for a New Norm external link

Case Western Reserve Journal of International Law, vol. 57, iss. : 1, pp: 109-138, 2025

Abstract

The field of cyber security has relied on norms quite heavily to govern the behavior of states and non-state actors in cyberspace. However, existing norms do not offer guidance on integrating attention to human rights into the design and development of digital consumer products. This Paper introduces a way to foresee the human rights impact of new technology combined with a form of governance that regulates problems we do not know exist yet.

Human rights, Technology and law

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