Articles for category: AAA General

Greenforcement of Intellectual Property Rights

The current practice of enforcement of intellectual property rights impacts the environment in many ways. There is increasing recognition of the pressing need for more human and environmentally friendly alternative remedies, such as donating goods to charity, removing infringing signs or parts, or disposing of the goods outside the EEA/EU. The question is whether and to what extent the legal framework leaves room for ecologically sustainable alternatives to disposing of and destroying IPR-infringing goods. 

24. April 2025

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Criminalising the Legal Profession

Lawyers and bar associations in Turkey have long faced political and legal pressure. The court case against the Istanbul Bar Association that led to the dismissal of its executive board and the criminal prosecution of board members is another troubling instance of such pressure. The case exemplifies how authoritarian regimes increasingly criminalise lawyers and professional organisations that speak out against rights violations.

24. April 2025

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Back to Binary Basics

On April 16 2025, the UK Supreme Court delivered its decision on a fundamental question regarding the interpretation of the terms “sex” and “woman” under the Equality Act. The Court unanimously held that, under the Equaliy Act, the meaning of the word “woman” must be restricted to “biological” women, and does not include trans women, even those who have legally changed their gender under the Gender Recognition Act. The decision risks undermining the UK’s equality law framework and marks a troubling regression in gender rights.

24. April 2025

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Patents and the right to a healthy environment

: An outline of a response to the critics Léon Dijkman As recent political developments make the prospect of a global consensus on – let alone an adequate response to – climate change an ever more distant fantasy, innovation and technology are increasingly looking like the most promising option (not to say last straw) of avoiding an ecological catastrophe. For instance, the International Monetary Fund (IMF) estimates that improvements in direct air capture, advanced battery, and hydrogen electrolysis technologies may achieve as much as 15% of the cumulative emissions reductions required between 2030 and 2050. To be sure, technology alone ... continue reading

23. April 2025

»The Existence of the ICC Is Largely Due to the Traditions and Experiences of Latin American Countries«

In an exclusive interview, our partner Agenda Estado de Derecho spoke with Osvaldo Zavala Giler, the first Latin American to assume the position of Registrar of the International Criminal Court, who grants us access to the fascinating and challenging world of international criminal justice. From the operational core of the Court, Zavala leads efforts to ensure that this institution, responsible for adjudicating the most atrocious crimes, operates effectively within an increasingly complex global landscape.

23. April 2025

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Copyright Moral Rights Protection and Environmental Sustainability

When we talk about intellectual property (IP) and sustainability, we rarely pay attention to the moral rights of authors. However, it is important to assess these ‘authors-only’ rights in a world where copyright is often used as a tool to maximise corporate profits. In terms of sustainable development, moral rights can both promote and hinder environmental, social and cultural sustainability in the creative industries. However, their relationship with sustainable development is not straightforward. This blog post looks at some of the key issues that link the protection of moral rights in copyright to sustainable development and the circular economy.

22. April 2025

In the Name of Primacy

In 1973, Pierre Pescatore noted that “[P]rimacy is an ‘existential requirement’ of EU law”. The Opinion of AG Spielmann in Case C-448/23 (Commission v. Poland), delivered on 11 March 2025, opens with this harsh observation. His difficult task is to frame in legal terms the two essentially political rulings delivered by the Polish Constitutional Tribunal in 2021, where – notoriously – the “captured” domestic court refused to adhere to the most basic principles governing the relationship between national and EU law. This requires adjustments in the current vocabulary of the Luxembourg judges.

22. April 2025

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Big Tech Antitrust Scrutiny Across the Atlantic

As Europeans await the European Commission’s enforcement of new tech rules, recent developments in the U.S. remind us that Big Tech scrutiny has been a transatlantic concern. On April 14, 2025, a trial began at the U.S. District Court for the District of Columbia, where the Federal Trade Commission (FTC) is challenging Meta’s acquisitions of WhatsApp and Instagram under U.S. antitrust laws. This landmark case raises novel legal issues about mergers that were previously cleared a decade ago and highlights U.S. enforcers’ continued efforts to curb Big Tech power.

21. April 2025

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Reforming the Legislature in Bangladesh

Bangladesh’s political journey since gaining independence in 1971 has shifted back and forth between democratic aspirations and periods of authoritarian rule. The country now stands at a crossroads again after its authoritarian leader, Sheikh Hasina, was ousted after popular protests last year. Tasked with the mandate of “rebooting democracy”, the Constitutional Reform Commission has proposed sweeping changes, including restructuring the legislature from a parliamentary to a semi-parliamentary system with moderation.

18. April 2025

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Greenifying Copyright

Upcycling has become one of the trendiest buzzwords for people with a sustainability-oriented mindset. While the term might refer to various forms of recollection, improvement and reuse of data or (raw) materials, this post adopts a narrower focus. It is limited solely to reviewing how upcycling might be approached from a copyright perspective.

18. April 2025

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