On 15-16th July 2013, Professor Ruth Soetendorp, Associate Director of the Business School’s Centre for Intellectual Property Policy and Management (CIPPM), will present a paper titled “Who Cares What Students Think about IP?” at the Seventh Annual Workshop of the European Intellectual Property Teacher’s Network (EIPTN) at University of Lisbon, Portugal. Details about the Conference can be found here
On 19th June 2013, Dr. Jesus Gonzalez will present on the “The Distinctive Function of Authorship” which will take place at Bournemouth University, Executive Business Centre Room EB302. The event will commence at 4 pm.
Dr. Dinusha Mendis, Senior Lecturer in Law and Co-Director of the Centre for Intellectual Property Policy and Management has featured in recent articles, interviews and guest talks for her research into 3D printing and its implications for Intellectual Property (IP) Laws.
Her research in this area led to an interview for the United Nations Agency, World Intellectual Property Organisation (WIPO) Geneva, for their prestigious magazine the World Intellectual Property Review (WIPR). Dr. Mendis was featured in the article ‘The Shape of things to Come: 3D Printing’ published on 1 May 2013. In this article, Dr. Mendis suggests that in looking to the future and in adapting to 3D printing, businesses should look to market-driven business models—for example, by setting up an iTunes-style store for spare product parts, or by licensing 3D files more widely. It is important for businesses to ‘adapt’ to this new technology and ‘adopt’ new business models.
On the 28th May 2013, Dr. Mendis was invited to speak at the University of Glasgow, at an event organised by CREATe titled ‘Conversations in Copyright’. At this event, Dr. Mendis was invited to speak about her research into 3D Printing with a specific focus on copyright law.
At present, Dr. Mendis is in the process of authoring a paper on 3D Printing with a specific focus on copyright which will be published in autumn. She will also be presenting her research into 3D Printing and IP Law at the Festival of Learning on Thursday 6th June and Tuesday 11th June 2013.
Dr. Justine Pila, Lecturer in Intellectual Property Law at University of Oxford and Senior Law Tutor at St. Catherine’s College will speak on ‘The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology’ at the 2nd CIPPM Spring Lecture Series.
The Lecture will be held on Thursday 21 March 2013 in EB708 and will start at 6 pm with refreshments served from 5 pm onwards.
Dr. Pila’s main areas of research are copyright and patent law in all of their doctrinal, theoretical and historical aspects. She has published widely in this area. Her book titled ‘The Requirement for an invention in Patent Law’ was published by Oxford University Press in 2010. With Professor John Gardner she co-edits the two Oxford Legal Research Paper Series, in addition to serving as legal advisor to the Oxford Magazine. She also convenes the Law Faculty’s Intellectual Property subject group and teaches on all of its IP programmes, including the two FHS (undergraduate) IP options, the BCL option, and the Postgraduate Diploma in IP Law and Practice.
The lectures are free to attend, but places are limited, and admission to the building closes at 18:15. If you wish to reserve a place, please contact Mandy Lenihan.
Dr. Dinusha Mendis has published a paperon 3D Printing and its implications for Intellectual Property Law titled ‘“The Clone Wars”: Episode 1 – The Rise of 3D Printing and its implications for Intellectual Property Law: Learning Lessons from the Past?’ The paper was published in the European Intellectual Property Review in February 2013 (pp. 155-169).
In drawing parallels with the entertainment industry and online piracy, this paper highlights the challenges which will be faced by the current Intellectual Property (IP) laws as a result of 3D printing and suggests that rather than focus on stringent IP laws the future lies in adopting new business models in adapting to this new technology. To this effect, the paper suggests some recommendations for the future.
Following the publication of the paper, Dr. Mendis was interviewed by BBC 5Live ‘Outriders’ programme – a programme dedicated to exploring the frontiers of the web. The interview was broadcast on 19 February 2013 and is available here http://www.bbc.co.uk/podcasts/series/pods (the relevant section of the interview can be accessed at 15.45 minutes of the programme).
In this interview Dinusha speaks to BBC’s Jamillah Knowles about her paper and the challenges which will be faced by intellectual property laws in the wake of 3D printing.
The annual series of theCentre for Intellectual Property Policy and Management’s (CIPPM) http://www.cippm.org.uk/ Spring Lectures starts on Thursday 21 February 2013 at 6 pm.
Professor Hector MacQueen, Professor of Private Law at the University of Edinburgh will deliver the first lecture, titled “Ae fond kiss: A Private Matter?” on Thursday 21 February 2013.
Professor MacQueen has written extensively on Intellectual Property law and is author, co-author and editor of a number of books on Intellectual Property law. He was the Dean of the Faculty of Law, University of Edinburgh (1999-2003) and Director of the AHRC Centre for Studies in Intellectual Property and Technology Law (SCRIPT) (2002-2007). In 2010 Professor MacQueen took up an appointment as Scottish Law Commissioner (2010-2014).
CIPPM Spring Lectures take place at 18:00, in the Executive Business Centre, close to the Bournemouth Travel Interchange (89 Holdenhurst Road, BH8 8EB). The lectures are free to attend, but places are limited, and admission to the building closes at 18:15. If you wish to reserve a place, please contact Mandy Lenihan at ALenihan@bournemouth.ac.uk
You are warmly invited to attend a series of business law seminars being organised by a group of academics in the Department of Law researching in Business Regulation & Institutions, Trade & Entrepreneurship (cBRITE), who will be working closely with the Centre for Entrepreneurship and Economic Growth:
Stephen Copp “The codification of directors’ duties: raising or lowering standards?” 11.00 – 12.00pm Wednesday 5th December 2012 in PG142
Alison Cronin “White Collar Crime – Why the light touch? The case for a robust criminal law to reinforce ethical conduct in the commercial world” 1.00 – 2.00pm Wednesday 12th December 2012 in PG146
Sarah McKeown “A Common European Sales Law: Facilitating Cross-Border Trade for SMEs” 11.00 – 12.00pm Wednesday 19th December 2012 in PG142
For further details contact Dr Stephen Copp, Associate Professor, Department of Law, The Business School at firstname.lastname@example.org
Bournemouth University was host to an ESRC Festival of Social Science event on 8 November 2012. The one-day conference, organized by Professor Martin Kretschmer and colleagues from the Law School, sought to explore the complexities of developing empirical research to support public policy in domains such as copyright law. In attendance at the conference were stakeholders from the Intellectual Property Office UK, the Cabinet Office, law professionals and academics from around Europe. The day was structured around a series of panel discussions by representatives from policy, the media industry, and law, prompting lively debate around questions such as: ‘What is the status of qualitative research in policy decision making?’ and ‘How can we reconcile the differing legal and academic standards for evidence?’.
The conference was video recorded with the help of research assistants from the Media School and will be made available in full as a series of digital conference proceedings.
The conference was also an opportunity for Professor Kretschmer, Dr. Kris Erickson and Dr. Dinusha Mendis to present the findings of research they carried out during the IPO consultation on the Hargreaves Review of Intellectual Property. The research seeks to evaluate possible economic impacts of any future change to UK copyright law to permit parody, caricature and pastiche of existing works. Currently, parody is not explicitly permitted under UK copyright law. The authors hope that this type of empirical research will help to illuminate complex public policy questions and strengthen the role of academic research in the policy process.
Below you may view a detailed presentation of the research from the ESRC event.
Twelve months into her PhD, Law research student Ellie Smith has published an article entitled ‘Investigating Rape at the International Criminal Court: The Impact of Trauma’ in the Issues in International Criminal Justice Journal. Ellie’s current research focuses on the scope for narrative truth at the International Criminal Court, survivor perceptions of justice, and the nature of rehabilitation as a legal remedy for survivors of gross human rights violations. A second article is currently under review with the A-rated Journal of International Criminal Justice.
Ellie joined the University on a full-time studentship. She is a Visiting Research Fellow at the Centre on Human Rights, University of East London, and has 10 years of experience in the conduct of multi-disciplinary (legal and clinical) and intersectional research in the field of justice for victims of gross human rights violations, including for eight years as Lead Researcher for the Medical Foundation for the Care of Victims of Torture. She is a member of the Victims’ Rights Working Group to the Coalition for the International Criminal Court, and has also served as a member of the Expert Advisory Panel to the British Home Office on the Trafficking of Women. Ellie achieved a Degree in law from Girton College, Cambridge University (1992) and a Masters Degree in Law from the London School of Economics (2000). She qualified as a solicitor in 1994.
Dr. Dinusha Mendis, Senior Lecturer in Law and Co-Director of the Centre for Intellectual Property and Policy and Management http://www.cippm.org.uk/ of the Business School presented papers on digital copyright and parody at the 103rd Annual Society of Legal Scholars Conference at the University of Bristol which was held from 11-14 September 2012. Dr. Mendis presented a third paper on the Intellectual Property Implications of 3D Printing at the VII Gikii Conference, at UEA London Campus, London which was held on 17-18 September 2012.
The papers are a reflection of the recent research carried out by Dr. Mendis into online infringement of copyright, with particular focus on the Digital Economy Act 2010, which advocates a ‘three-strikes-and-you’re-out’ policy. A paper on this topic has been authored by Dr. Mendis and submitted to an international peer-reviewed journal for publication. The paper on parody is based on research commissioned by the Intellectual Property Office and carried out by Dr. Kris Erickson (of CEMP, Media School), Dr. Dinusha Mendis and Professor Martin Kretschmer of CIPPM. The paper presented at the SLS conference by Dr. Mendis considered parody exceptions in various countries in implementing a suitable parody exception in the UK as recommended in the Hargreaves Review http://www.ipo.gov.uk/ipreview.htm Various reports on the research by Dr. Erickson, Dr. Mendis and Professor Kretschmer will be published by the Intellectual Property Office in the near future.
The paper on the intellectual property (IP) implications of 3D Printing drew much interest at the Gikii Conference, London. Being at the cutting-edge of law and technology, Dinusha’s presentation was amongst the first to consider the IP implications of 3D printing. A paper on this topic has been authored by Dr. Mendis and has been submitted to a peer-reviewed journal for publication.
Professor Ruth Towse and Professor Martin Kretschmer have been awarded funding from the ESRC (RES-622-26-565) to organise an event as part of the Festival of Social Science 2012.
The symposium ‘What constitutes evidence for copyright policy?’ will be held on 8 November 2012 in the Executive Business Centre.
Professors Towse and Kretschmer write: “This interactive event offers the opportunity for discussion on evidence for copyright policy between social scientists, policy-makers and producers and users of copyright works. Copyright law is a topical and contentious area that affects a wide range of stakeholders with differing views on copyright policy. The need for evidence-based policy on copyright policy was emphasised in the Hargreaves Review and has led to several calls for evidence from stakeholders. The responses they provide to the Intellectual Policy Office are varied in nature and quality; the IPO has responded by issuing guidelines on what constitutes acceptable evidence (which itself is contested).
“Besides being a matter of pressing public concern, copyright also attracts the interest of a broad range of social science disciplines each with its own rules of evidence. The emphasis on economic growth as the objective of copyright policy has shifted the need for evidence in the direction of economics but economic evidence is not always easily available. Nor it is the case that only quantitative evidence is regarded as valid.”
The event will involve the following:
Social scientists in a range of disciplines will explore their perceptions of evidence in non-technical terms and discuss their research findings on copyright. The aim is to develop a perspective on what evidence social scientists believe is relevant for copyright policy-making purposes.
Representatives of stakeholder organisations that have responded with evidence to the IPO’s calls for evidence will explain what to them is relevant evidence.
IPO staff responsible for assessing responses to calls for evidence have already committed to participate in this event. They will explain how they use the information they receive from stakeholder meetings and calls for evidence to develop policy measures.
If you are interested to participate, please contact Dr Rebecca Edwards (Research Development Officer, Public Engagement): email@example.com
At the 2012 BILETA Annual Conference in Newcastle (http://www.numyspace.co.uk/~unn_mlif1/school_of_law/bileta/) Dr. Mendis presented a paper analysing the UK Digital Economy Act 2010. This Act attempts to enforce copyright law in the online environment, for example against downloading and file-sharing. Infringing users will be given three warnings after which they can potentially be disconnected from the Internet, also known as ‘three-strikes-and-you’re-out’. The law is controversial, and still to be implemented. Dr Mendis considers the proportionality of the measure and its effectiveness in the context of fast moving technology.
Ruth Towse is Professor of Economics of Creative Industries in the Business School, and is Centre for Intellectual Property and Policy Management (CIPPM) co-director (economics).
Professor Paul Heald’s ongoing study exploring the public domain effects of copyright law was reported on The Atlantic, among other places. It shows there are twice as many newly published books available on Amazon from 1850 as there are from 1950.
Paul Heald is Professor of Law at the University of Illinois and Professorial Fellow at the CIPPM, Bournemouth University. You can read more about Professor Heald’s work here.
BU’s Professor Martin Kretschmer presented his latest research on copyright levies to over 70 representatives from the European Commission, European Parliament and international organisations and firms including Google, Nokia and Apple in Brussels last week.
The event saw speakers thrash out the role of intellectual property (IP) in digital markets and particularly the barrier copyright levies pose to market growth. (The levy system adds a tariff to blank CDs, MP3 players, printers, PCs and other copying devices, and the money is given as compensation to the IP owner for loss of sale).
Professor Kretschmer’s research reported the results of three product studies (printer / scanners, portable music / video / game devices and tablet computers) and analysed the relationship between VAT, levy tariffs and retail prices in 20 levy and non-levy countries.
He argued that reproduction of files for personal use, storage or back up should fall under a (non-compensated) copyright exception as there is no harm due to loss of sale, but that file sharing, performance or social network activities will need a licensing solution.
Speaking alongside Kretschmer was Professor Ian Hargreaves; author of the ‘Hargreaves review’, which was conducted in 2011 for Prime Minister David Cameron, recommending an IP framework to support innovation and economic growth in the digital age.
Audio recordings and slides from the event, ‘Intellectual Property for Growth in Digital Markets’, can be accessed via the Bruegel website.
Bournemouth University’s Director for the Centre for Intellectual Property Policy and Management (CIPPM), Professor Martin Kretschmer, has been invited to speak at the World Intellectual Property Organization (WIPO) in Geneva.
Professor Kretschmer will open the ‘Economics of Intellectual Property’ seminar series on 15 February 2012, with a presentation entitled ‘Private copying and fair compensation: An empirical study of copyright levies in Europe’.
His work is the first independent empirical assessment of the European levy system as a whole. It consolidates the evidence on levy setting, collection and distribution and reviews the scope of consumer permissions associated with levy payments.
Professor Kretschmer will present the results of three studies into printer/scanners, portable music/video/game devices, and tablet computers, including his analysis of the relationship between VAT, levy tariffs and retail prices in 20 levy and non-levy countries.
The full seminar series sees six presentations in Geneva between now and November, each by one of the world’s top Intellectual Property researchers. The full programme, including presentations by Professors of Stanford University and the University of Tokyo can be accessed online.
A video version of Professor Kretschmer’s and other ‘Economics of Intellectual Property’ presentations will be available after the event through the WIPO website.
Professor Kretschmer’s co-authored publication ‘Privilege and Property’ (Cambridge OpenBook Publishers, 2010, with Professors Deazley and Bently) has been reviewed in the Swiss published journal Archiv für Urheber- und Medienrecht, or UFITA (trans. Copyright and Media Law).
The edited volume is a companion to the AHRC funded digital archive, ‘Primary Sources of Copyright’, which Professor Kretschmer has co-directed with Professor Bently of Cambridge University since 2006. The archive now comprises of more than 550 documents going back to Renaissance Italy (in facsimile, transcribed, translated and commented).
In the review, the lawyer and chairman of the Swedish Performing Rights Society, Dr Gunnar Petri, writes: “This magnificent resource comprises essential material from all the great traditions of copyright and will enormously facilitate comparative research…. By way of introduction, the editors present a highly interesting picture of the present state of copyright historiography, in itself a ground-breaking venture. They trace the elevation of copyright history into an academic subdiscipline to the years between about 1740 and 1790 in Britain, France and the German-speaking lands, see it in the jurisprudential treatises of the 19th century and note a decline in interest after the signing of the Bern convention , signalling a more functional approach to copyright’s history.”
‘Privilege and Property’ and the digital archive at www.copyrighthistory.org “deserve the highest appreciation” (Petri).
Dr Max Lowenstein, from the Law Department in the Business School, has a piece of research coming out in Criminology & Criminal Justice: An International Journal (rated A in the Excellence Research Australia journal ranking list) that explores the meaning of judicial denunciation. The article attempts to relate sentencing principle, policy and social theory to legal practice by comparing the perceptions of English and Danish lower Court judges when sentencing minor theft offenders. There is no coherent international academic agreement as to what judicial denunciation means. The qualitative data gathered by interviewing Danish and English judges commonly pointed to the ‘public condemnation of someone or something’ Oxford Dictionaries Online (World English). In other words, judges pointing out wrongful behavior in theft offenders during sentence summation and explaining how this impacts victims, themselves and wider society. Through a small comparison of judicial perceptions in two distinct legal cultures there were common hints provided as to what denunciation may mean and what it could achieve when applied to theft offenders. In England, the potentially negative repercussions of denouncing theft offenders in Court were the focus. As one English lay judge eloquently summed up;
‘There is little impact on hardened persistent theft offenders because they know full well what they have done is wrong. It is like water off a duck’s back to them. Public shaming only has an impact if the theft offender cares about what others think of him.’
However, in Denmark, the potentially positive repercussions of denouncing theft offenders in Court were the focus. As one Danish professional judge confidently stated;
‘When you explain why conduct is unacceptable in society, particularly early on in a theft offender’s anti-social habits, it can act as an important wake up call.’
Sadly comparative qualitative data on judicial denunciation is very rare due to the significant challenges it presents to the researcher. Indeed this research comparing such an important element of the sentencing approach had never been attempted before. By gathering more data across legal cultures it may be possible to align our theoretical understandings of judicial denunciation with the common perceptions in legal practice across Europe and beyond. In this way, comparative academics can contribute to the continuing future globalization of criminal justice. Much more research on judicial denunciation can and should be done. In so doing, how public condemnation of wrongful behavior is commonly perceived by judges in relation to similar criminal offences across different legal cultures will begin to emerge.