Wednesday, 6 February 2019, 1730 – 1900
Humanities Lecture Theatre, Main Building, University of Glasgow
How Difficult Is It to Repeal New Intellectual Property Rights?
Ass. Prof. Martin Husovec, Tilburg Institute for Law, Technology and Society (TILT), Tilburg University
For the first in the Spring 2019 Public Lecture Series, CREATe welcomes Martin Husovec to present ‘How Difficult Is It to Repeal New Intellectual Property Rights’.
In 2010s, we are witnessing a number of policy debates concerning proposals for new intellectual property rights. The high-profile examples include the publisher’s rights, data producer’s rights, and sports events organizer’s rights. The arguments behind these rights are purely utilitarian, unlike in case of some traditional intellectual property rights, such as author’s or inventor’s rights. These rights are clearly presented as tools of EU innovation policy incentivizing quality journalism, data creation, and trading, or investments in sports. However, how sticky are these tools? A lot of attention in the literature rightly focuses on the first-order issue of their social costs and benefits. Little attention is paid to the problem of (European) institutional inertia which keeps some of these solutions in the circulation despite their proven ineffectiveness. While economic progress is unthinkable without stable property rights, it is equally unthinkable without their never-ending adjustment and continuous reflection of their effects. In this talk, Dr Husovec will pose the following question: how difficult is to legislate away a new set of intellectual property rights once they are found to be incapable to deliver on their promises? He will explore it by looking at the legislative options in the European Union and the guarantees offered by Article 17 of the EU Charter. In addition, he will discuss how this regulatory autonomy of the EU relates to investment protection under international treaties and the principle of free movement of goods and services.
Martin Husovec, Assistant Professor, Tilburg Law School, Tilburg Institute for Law, Technology and Society (TILT) & Tilburg Law and Economics Center (TILEC) & Affiliate Scholar at Stanford Law School’s Center for Internet & Society (CIS). Continue reading