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Branka Marusic

Doktorand

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Works at Department of Law
Telephone 08-674 70 64
Email branka.marusic@juridicum.su.se
Visiting address Universitetsvägen 10 C
Room C 985
Postal address Juridiska institutionen 106 91 Stockholm

About me

About me

I am a LL.D. candidate in Intellectually Property Law at Stockholm University. I am a qualified lawyer in Croatia and provide consulting services in the field of EU law and IP law for Brussels based consultancies. In the first half of 2019 I was based at Queen Mary, University of London as a visiting scholar, and in the second half of 2019 I was  based at the Court of Justice of the European Union in Luxembourg, as a stagiaire vistour.

Research

My doctoral project concerns online protection of copyright in the EU. As a research student I am affiliated with the Institutet för Immaterialrätt och Marknadsrätt (IFIM) and Institutet för Europeisk rätt at Stockholm University.

Projects

Recently I have finalised projects for the EU concerning mapping of IP rights in Sweden, mapping regulative framework for sharing economy in the tourist sector in the EU, implementation of the Tobacco Products Directive (focus on Croatia), implementation of the Damages Directive in Competition Law (focus on Croatia).

I am currently working on projects for the EU concerning GDPR implementation in Croatia and implementation of Services Directive (focus on Croatia).

Teaching

I mostly provide teaching in EU Law, copyright and trademarks. I also managed summer courses in EU Law and Copyright in the Digital Market.

Publications

A selection from Stockholm University publication database
  • 2020. Branka Marušić. EU Internet Law in the Digital Era, 137-160

    This chapter provides an analysis in the material scope of application of the moral right of divulgation and the economic right of communication to the public in the EU’s digital single market. The aim is to bring forward arguments why the application of both rights should only be addressed through the protection afforded by the economic right. The rationale behind this is that the right of divulgation, as a moral right of the author, and the right of communication to the public, as an economic right of the author, both share the same trigger point for their application. This trigger point consists of the author’s choice in sharing her or his work with the public, in which the author of the work also chooses the manner, shape and place where this sharing will occur.

    Unlike the economic right of communication to the public, which has been harmonised in the EU, the right of divulgation, as a moral right is deeply rooted in the national legislative and judicial interpretation of the Member States that recognise this moral right of the authors. In line with this and for this chapter, analysis of the material scope of the application of the right of divulgation is evaluated through the monistic and dualistic approach to the regulation of copyright, and the jurisdictions that are analysed are primarily France and Germany.

    Against this background, the analysis in the chapter provides for overlapping interpretational criteria of both rights that encompass an act of sharing, the definition of what the public is, and what the modes of dissemination of work are.

  • 2019. Branka Marusic. Europarättslig tidskrift (3), 479-485

    With the judgement in joined cases C‑202/18 and C‑238/18 (Ilmārs Rimšēvičs) the CJEU for the first time annulled a national measure. However, this case needs to be seen in its context, and that is that the CJEU shaped a direct form of remedial action of annulment of a national measure. Furthermore, this remedial action is very narrow in its scope of application and in can only be applied only to relieved governors of National Central Banks in the Eurozone Member States of the EU (in 2019 that was 19 countries).

  • 2017. Branka Marušić. Croatian Yearbook of European Law & Policy 13, 169-190

    The proposal for a Directive on Copyright in the Digital Market contains a proposal to harmonise protection of copyright in the digital market and to close the so-called 'value gap'. The value gap is a term that, in the realm of online copyright dissemination, signifies a situation where the right holder (for example, the author of a song) is not adequately remunerated for his or her work. This situation usually occurs when his or her song is made available on an online platform, such as YouTube, and he or she is not paid for the use and enjoyment of the work. The current market mechanism to tackle this problem is done via licensing schemes.

    This paper will analyse the possible Trojan horse that is hidden in this proposal in order to ask whether, when it comes to online regulation and enforcement of copyright, the deployment of article 114 TFEU is the correct legal basis for the EU to enhance accountability of internet service providers in the regulation and enforcement of copyright.

  • 2016. Branka Marusic. NIR (1), 4-17

    The case Google Spain decided in front of the CJEU provides for just one example of an infinite number of occasions in which parties such as end users, content owners and rights management organisations have sought to assign intermediaries/Internet Service Providers (ISPs) with liability for infringements perpetrated online. Internet actors often look to ISPs as the gatekeepers of the web and therefore the most suitable party to be held liable in relation to illegal online activity, whether it is in relation to economic or fundamental rights and interests. Accordingly, this article provides an overview of the ever-shifting notion of ISP liability in the online digital environment in light of the Google Spain decision, in a specific attempt to answer the following question: how far are we willing to affect the functioning of ISPs through their liability for online activity in order to install order in an unruly digital arena?

Show all publications by Branka Marusic at Stockholm University

Last updated: February 22, 2021

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