Profiles

Eleonora Rosati

Eleonora Rosati

Professor

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Works at Department of Law
Telephone 08-16 41 60
Email eleonora.rosati@juridicum.su.se
Visiting address Universitetsvägen 10 C
Room C 912
Postal address Juridiska institutionen 106 91 Stockholm

About me

An Italian-qualified lawyer (avvocato), I am Professor of Intellectual Property Law, the Director of the Institutet för Immaterialrätt och Marknadsrätt / Institute for Intellectual Property and Market Law (IFIM), and the Co-Director of the LLM in European Intellectual Property Law.

Recognition

  • Included in World Intellectual Property Review's 2020 list of 'Influential Women in IP'. The list is based on nominations from readers across the globe on who they regard as women in law who play a vital role in advancing the intellectual property industry and challenging the existing status quo.
  • Included in Managing Intellectual Property's 2018 list of 'The 50 Most Influential People in IP' and considered “an influential voice in the IP industry". The list recognizes individuals who are shaping intellectual property law, policy and business throughout the world. It has typically included an array of in-house counsel, judges, officials and academics, as well as celebrities who have had a particularly big recent impact on intellectual property.

Academic background

I hold law degrees from the University of Florence, an LLM from the University of Cambridge, and PhD from the European University Institute.

  • European University Institute: PhD (thesis title: Originality in EU Copyright Law), 2009-2012
  • University of Cambridge: LLM, 2008-2009
  • University of Florence: 'Laurea Specialistica in Giurisprudenza’ Law Degree, 2006-2008
  • University of Florence: 'Laurea in Scienze Giuridiche’ Law Degree, 2003-2006

Visiting Scholar

Conferences and Seminars

Please see here for a list of the most recent conferences and seminars I have been a speaker at and here for the events that I have organized or co-organized.

Outreach

Professional Roles

In the Media

Because of my copyright and IP expertise, I have been often interviewed by leading general interest media publications, including – recently – CNNThe New York TimesThe Financial TimesBBCThe Hollywood ReporterThe Guardian.

Teaching

Research

Overview

My research interests and activities relate to intellectual property law, with a special focus on the EU and national dimensions thereof.

Areas of activity include: the process and result of EU copyright harmonization and the role of the Court of Justice of the European Union (CJEU); rights enforcement over the internet and the role and liability of online intermediaries; fashion and intellectual property; questions of international jurisdiction and applicable law in online infringement cases; EU trade mark law; overlapping rights; EU copyright reform policy discourse.

I am the author of two research monographs, Originality in EU Copyright (Edward Elgar:2013) and Copyright and the Court of Justice of the European Union (Oxford University Press:2019).

I am also a long-standing contributor to award-winning IP blog The IPKat, for which I have authored over 1,000 posts over the past several years.

Impact and Dissemination

I have been contributing to several policy debates in my own key areas of expertise as an independent commentator.

Besides being asked – by, inter alia, the European Parliament, the European Intellectual Property Office, and the World Intellectual Property Organization – to produce a number of technical briefings and reports, I have been invited to attend official hearings with EU institutions and agencies (World Intellectual Property Organization, European Parliament, European Commission, European Union Intellectual Property Office) and governments.

I have presented my research as an invited speaker at several academic institutions and conferences around the world. I have prepared delivered talks at the request of international organizations and EU institutions and agencies, as well as international professional bodies and organizations (including ALAI, INTA, AIPPI, LIDC, and ECTA).

Research Funding

I have secured funding for my research on several occasions. I have received publication prizes from Stiftelsen Juridisk Fakultetslitteratur and grants from both major stakeholders – including the International Federation of the Phonographic Industry, Facebook, and Audible Magic – and non-profit organizations and public bodies – including Wikimedia and Società Italiana Autori ed Editori.

PhD Supervision

I welcome PhD proposals in the fields of copyright, trade mark, fashion, and internet laws.

Publications

A selection from Stockholm University publication database
  • 2020. Eleonora Rosati. Journal of Intellectual Property Law and Practice 15 (2), 103-122

    Among the absolute grounds for refusal or invalidity in EU trade mark law, there is one for signs that consist exclusively of ‘the shape, or another characteristic, which gives substantial value to the goods’.

    The ‘substantial value’ exclusion has received relatively limited attention and practical application. Some commentators have called for its abolition on consideration that other, clearer absolute grounds may perform its role without giving rise to those issues linked to its uncertain meaning and scope.

    This contribution reviews relevant EU case law on the substantial value ground in order to define rationales, scope and functions thereof. It submits that the substantial value ground performs a role—primarily that of preventing or limiting a distortion of the role of trade mark registration—which cannot be subsumed in other grounds. However, clearer guidance on certain fundamental aspects, including the role of the average consumer, reputation and the relevance of the behaviour of the trade mark applicant/owner, is still required.

  • 2020. Eleonora Rosati. European Law Review 45 (1), 67-99

    This is the first study entirely devoted to analysing the content of the European Commission’s observations in CJEU copyright referrals, with an emphasis on the online/digital dimension. It examines the Commission’s view of the EU copyright acquis in relation to economic rights, exceptions and limitations and enforcement, and evaluates it in light of international and EU law. The observations have been sometimes consistent with case law, but this has not been so in a number of topical instances. This contribution suggests that all this signals an (unsuccessful) attempt on the side of the Commission to persuade the CJEU to ‘depart’ from consolidated case law, justified more by policy considerations rather than a rigorous reading of the law and earlier jurisprudence.

  • 2020. Eleonora Rosati. European Law Review

    This article analyses CJEU case law on the notion of ‘new public’ in the context of the right of communication to the public in EU copyright law, with a focus on Article 3(1) of the InfoSoc Directive. It investigates its origin, use and development, as well as the justifications given for such use. By identifying for the first time four distinct groups of case law, the analysis shows how the role of the ‘new public’ has changed over time. If intended as a requirement, the ‘new public’ creates undue complexity in the reasoning of the CJEU in most instances. While others have suggested that the CJEU should disregard this notion altogether, this article proposes a less radical way for the CJEU to ‘escape’ the difficulties inherent to its own jurisprudence.

  • 2019. Eleonora Rosati. Asia Pacific Law Review 27 (2), 198-217

    Text and data mining (TDM) may be performed in a variety of fields and for different purposes. Among other things, TDM techniques may be used to ‘train’ Artificial Intelligence (AI), also for the purpose of AI-driven creativity. In this context, copyright restrictions might be in place, even if copies made of pre-existing content are only used internally and are instrument to the creation of something ‘new’. Recently, in the context of the Directive 2019/790 on copyright in the Digital Single Market, the EU legislature introduced two new mandatory exceptions for TDM.

    This contribution discusses the interplay between TDM and AI creativity by focusing, first, on the potential and technicalities of TDM and the interplay with legal restrictions. Second, it reviews the copyright-related issues facing TDM and the debate underlying the adoption of this new piece of EU legislation. Third, it reflects on the future of AI creativity in Europe.

    This article concludes that, even despite the adoption of two new mandatory TDM exceptions in the DSM Directive which are now to be transposed by individual EU Member States, copyright restrictions might continue affecting and restricting significantly the possibility of undertaking TDM activities in Europe.

  • 2019. Eleonora Rosati. European intellectual property review 41 (11), 672-682

    In Glawischnig-Piesczek, C-18/18, the CJEU has been asked to provide guidance on the breadth and scope of Article 15 of the E-commerce Directive, and thereby address the removal obligations of an online intermediary (eligible for the hosting safe harbour) as arising from an injunction obtained against it. In his Opinion, AG Szpunar advised that Article 15 does not prohibit a court from ordering an intermediary to seek out and remove all content identical to that found illegal in relation to all users of its platform, as well as content equivalent to that found illegal, though the latter only in relation to the original user/poster. Equivalent information disseminated by other users should be removed when an intermediary becomes aware of it through a notification made by the concerned person, third parties or another source (as Article 14 of the E-commerce Directive in any event envisions). The Opinion also submits that, in principle, a court or authority considering an application for an injunction based on an unharmonized national right might order removal worldwide.Like AG Szpunar’s Opinion, this contribution submits that national courts or authorities should undertake a close scrutiny when issuing injunctions against intermediaries, envisage time limitations for them, and monitor their effects. This said, the approach recommended in relation to the material and personal scope of removal obligations might be hardly workable in practice without also entailing a general monitoring obligation on the side of the relevant intermediary. In any case, it should be possible for the subject who posted the original information found illegal, users of the services provided by the intermediary targeted by the injunction, and the intermediary alike to intervene to vary or discharge the order issued. In addition, the potential availability of worldwide injunctions based on unharmonized rights – as envisaged in the Opinion – is problematic, also from a policy standpoint. As such, it should be considered extrema ratio.

  • 2021. Eleonora Rosati.

    The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: one the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States

    This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization.

    With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

  • 2021. Eleonora Rosati.

    In 2019, the EU legislature adopted Directive 2019/790 on copyright in the Digital Single Market. The Directive is supported by a multi-faceted rationale and represents one of the most significant and ambitious EU harmonization efforts in the copyright field so far.

    This book provides an article-by-article commentary to all the provisions of the Directive. It is the first and – so far – only book entirely devoted to Directive 2019/790.

    By analyzing the history, objectives, and content of each and every provision, as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis, this book provides a rational, consistent and detailed explanation of the Directive as a whole and of its individual contents. It is a travel companion to all those who wish or need to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the “digital single market”.

Show all publications by Eleonora Rosati at Stockholm University

Last updated: February 6, 2021

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