• Faculty of Law, Maastricht University

ABOUT

I am an Assistant Professor at the Faculty of Law of Maastricht University, with policy and legal expertise in the field of intellectual property (IP) and European law. I hold a PhD in Copyright and European Law from the University of Amsterdam, a Research Master in Intellectual Property Law from the University of Lisbon, an LL.M. in Intellectual Property and Competition Law from the Munich Intellectual Property Law Center, and a 5-year advanced LL.B. from the University of Lisbon.

 

PROJECTS

  • Artificial intelligence

    One of my main research interests is the area of artificial intelligence and law (notably, intellectual property law). Therefore, I am or have been involved in several projects related to artificial intelligence, including:

  • Feeling Art

    3D printing now permits people with visual impairments (PVI) to experience 3D reproductions of paintings and photographs through touch. A few institutions have undertaken projects facilitating this, thus granting PVI an equal opportunity to experience visual art, and enhancing their human rights to participate in the cultural life of the community and enjoy the arts.

    However, 3D reproductions may infringe copyright. Many copyright systems include certain exceptions to infringement that facilitate access to copyright works by PVI, but laws tend to focus on access to literary works; the application of disability exceptions to visual art is unclear. It is also often obscure whether current laws are technology-neutral, and able to encompass contemporary digital practices within the scope of exceptions to infringement. The lack, inadequacy, or uncertainty of exceptions to infringement of copyright may hamper sensory art projects and reduce inclusivity and equity in cultural engagement by PVI.

    This project, carried out in collaboration with Prof. Jani McCutcheon from the University of Western Australia, undertakes to map disability exceptions worldwide, and to reach an understanding of the status quo from the point of view of copyright law, disability law and art law, with the future goal of recommending a harmonisation of the topic under public international law, considering all the interests concerned (artists, PVI, museums).

    With the joint efforts of Prof. McCutcheon, Prof. Hildegard Schneider (Maastricht University, Prof. Lisa Waddington (Maastricht University), Prof. Jure Vidmar (Maastricht University) and myself, a workshop on this topic will take place in Maastricht in June 2018. The workshop is sponsored by a Collaborative Projects grant from the Faculty of Law of Maastricht University, and by SWOL. You can find the final programme of the workshop here. A detailed report of the first part of the workshop can be found here.

  • Folklore/TK

    In 2017, the EU and New Zealand signed a Partnership Agreement for Relations and Cooperation (PARC), which aimed at providing a comprehensive framework for bilateral relations between the two parties, and strengthening cooperation on a diverse range of areas, namely trade issues. The PARC is leading to negotiations for a bilateral Free Trade Agreement (FTA), which in turn should reduce existing barriers to trade and investment, and explore regulatory cooperation that takes into account key sensitive areas.

    Under Article 21(1) of the PARC, both Parties recognize the importance of intellectual property (IP) rights and their enforcement. In addition, Article 21(3) states that “[t]he Parties agree to exchange information and promote dialogue on the protection of genetic resources, traditional knowledge and folklore.”

    This research project analyses the possible ways to implement Article 21 (or its equivalent version in the future FTA), taking into account (1) the policy objectives of protection of genetic resources, traditional knowledge and folklore vis-à-vis the policy objectives of certain IP rights (e.g., geographical indications); and (2) the existing legal instruments in both jurisdictions. The project will build on existing legal literature on intellectual property, trade and traditional knowledge. Analysis of relevant policy documents will also be carried out, together with interviews with relevant stakeholders (the Maori) and with scholars specialised in indigenous rights, in order to collect information regarding policy objectives underlying the protection of genetic resources, traditional knowledge and folklore.

    This research project is developed with the support of  WUN grant, in collaboration with the University of Auckland, New Zealand.

  • Consultancy

    I undertake projects of consultancy and commissioned research, for private and public institutions. Some past projects include:

    Study on the Implementation of the Directive 2011/77/EU: copyright term of protection (with Aurelio Lopez-Tarruella) – 2018

    Legal Review on Industrial Design Protection in Europe – country report Portugal – 2016

    The legal aspects of copyright – The added value and options for further harmonization and efficiency of the EU Copyright regime, including the projected impact on other policy areas (briefing paper, co-written with A. Markowska & N. Meurens) – 2015

  • Other Projects

    Other projects I am involved in include:

TEACHING

  • Advanced Master

    I teach the following courses on the Advanced Master in Intellectual Property and Knowledge Management (IPKM):

    Copyright and Related Rights

    Copyright and Designs

    Trademarks, Copyright and Designs

    Legal English and Methodology

  • Jean Monnet Bachelor Module

    Jean Monnet module “Intellectual Property in the Digital Single Market”

    This module seeks to support the understanding of EU intellectual property (IP) as a central element of the Digital Single Market (DSM) and more broadly of EU integration.

    The module will first familiarize students with general IP areas and principles, which will then enable them to engage in the more specialized guest lectures which will deal with specific IP issues in the DSM, such as the regime and liability of information society providers. Besides lectures and specialized lectures, the module is comprised of practical seminars, which cover the application of lecture content to practical cases, and a final mock-trial based on a real-case scenario.

    Research will inform teaching activities, and the pedagogic approach will be problem-based learning (PBL), an interactive teaching method where problems create the context for the acquisition of knowledge and problem-solving skills. Students will gain greater awareness of the DSM, while being able to frame IP as a relevant element therein. Students will also acquire expertise in substantive IP law.

    Read more…

  • Indie Art Legal Clinic

    The Indie Art Legal Clinic provides pro-bono advice to independent artists (visual artists, musicians, performers, street artists, etc.). Artists send their questions in advance, and make an appointment for a face-to-face consultation. The advice is given by mixed teams of both master and bachelor students. Students work together by identifying the problem, researching possible solutions and issuing a report with the proposed solution, all under supervision of a faculty member and an experienced lawyer. The face-to-face consultation with the client on the day of the appointment is made under the supervision of either the faculty member and/or a lawyer as well.

    The Clinic provides students with a hands-on experience in intellectual property through client counselling, thereby encouraging students to delve deeper into the learned material and giving them the opportunity to apply their knowledge to real-life cases.

    The training provided in the Clinic is also able to fuel a more intense engaging with course materials. Moreover, the Clinic serves as a platform of communication: pairing master- with bachelor students furthers education goals by integrating different levels of education within the same project. Bachelor students get extra guidance from master students, and they can have a sneak peak of what a masters in intellectual property would offer them; master students get extra experience in training more junior colleagues. At the same time, the Clinic connects students with local artists and thereby inspires more cross-disciplinary work.

    In addition to providing students with practical training, the Clinic meets existing needs of Limburg-based artists. Maastricht in particular has a vibrant art scene that is promoted by numerous events throughout the year, such as TEFAF, the CrossCurrents Festival, the WE Festival or the PAS Festival. Several artistic schools and centres (the Van Eyck Academy, the Conservatorium Maastricht, the Maastricht Academy of Fine Arts and Design, Kumulus) generate numerous young creatives who might stumble upon a variety of legal questions on their path to the professional world. The Clinic thus contributes to support Maastricht as a thriving hub of independent artistic productions.

    More details on the Clinic can be found here.

  • Other courses

    I have taught different intellectual property courses and/or classes in other institutions, including:

    One week course on Intellectual Property, China EU School of Law at the China University of Political Science and Law, Beijing, China (2015, 2017)

    Lecture on IP developments in Europe, Nagoya University, Japan (2017)

    Lectures on recent IP developments in Europe, with focus on trademarks and the UPC, University of Melbourne and King & Wood Mallesons Sydney, Australia (2017)

    Lecture on Recent Developments in Copyright Law, University of Warwick, United Kingdom (2017)

    Lecture on Digital Copyright Law, Iustinianus Primus Law Faculty, Skopje, FYROM (2015)

CONFERENCES AND TALKS

  • 2019

    Patentability of AI inventions”, Applied Machine Learning Days Conference, EPFL Lausanne, Switzerland, January 2019.

    “IP rights in data?”, Inaugural Symposium of the Jean Monnet Centre of Excellence for European Intellectual Property and Information Rights, Bournemouth University, United Kingdom, January 2019.

  • 2018

    “Status of collective management of the rights of visual artists in the digital environment (with special focus on private copying)” (Roundtable), conference “The Rights of Visual Artists in Latin America”, Santiago, Chile, October 2018.

    “Modernisation of the legal framework of the European Union for collective management organisations: multi-territorial licences”, conference “The Rights of Visual Artists in Latin America”, Santiago, Chile, October 2018.

    “Creativity of works ‘created’ by AI”, XXXIII AIDA Symposium ‘Artificial Intelligence and Intellectual Property’, Milan, Italy, September 2018.

    “Harmonising patent laws in a time when machines create”, Symposium Artificial Intelligence and Law: Creation, Invention and Data, Barcelona, Spain, June 2018.

    Lead organisation of workshop “Feeling Art: Crafting Intellectual Property Law to Enhance Disability Access to Artistic Works through 3D Printing Technology” and speaker on the topic “Mapping the gaps in legislation: EU”, Maastricht, The Netherlands, June 2018.

    “Recent IP developments in the EU – trademarks and copyright”, Global Anti-Counterfeiting and Brand Protection Summit, Amsterdam, The Netherlands, April 2018.

    Co-organisation of conference “Innov-AI-tion Law for Technology 4.0” and speaker on the topic “Ownership and access to data in the context of AI: legal perspectives”, Brussels, Belgium, April 2018.

    “Artificial intelligence and patents”, University of East Anglia, Norwich, United Kingdom, March 2018.

    “Patentability of AI-generated innovations: is a reform of the patent system needed?”, Foundation for Intellectual Property, Tokyo, Japan, February 2018.

    “Artificial intelligence and intellectual property”, Riken Center for Advanced Intelligence project, Tokyo, Japan, 14 February 2018.

  • 2017

    “IP for AI-generated innovations”, Artificial Intelligence and IP Conference, University of Turin/WIPO, Turin, Italy, October 2017.

    “Data producer’s right”, Better Regulation for Copyright, European Parliament, September 2017.

    “A proposed model for the legal status of creations by artificial intelligence systems”, Conference Internet, Law & Politics: Managing Risk in the Digital Society, Barcelona, Spain, June 2017.

    “Copyright Lawmaking in the EU – an interdisciplinary panel” (chair), TILTing Perspectives conference, Tilburg, The Netherlands, May 2017.

    “The competence of the EU to create a Union-wide ancillary right for publishers”, Workshop European Copyright: Quo Vadis?, European University Institute, Florence, Italy, April 2017.

    “Artificial intelligence and IP – privatisation and public domain”, Bileta conference 2017, University of Minho, Portugal, April 2017.

    “Privatisation versus public domain in the era of artificial intelligence”, Workshops at the University of Melbourne (Melbourne), the Queensland University of Technology (Brisbane), and the University of Western Australia (Perth), Australia, March 2017.

  • 2016

    “The EU competence in copyright lawmaking”, Official book launch at the Institute for Advanced Legal Studies, London, United Kingdom, December 2016.

    “The role of the CJEU in the Europeanization of Copyright Law”, Workshop on European Courts, New Technologies and Fundamental Rights, Athens, Greece, December 2016.

    “Copyright restoration and the preservation of cultural heritage”, Ius Commune Congress, Maastricht, The Netherlands, November 2016.

    “Opinion of AG Wahl 8.9.16 on the competence of the EU to conclude the Marrakesh Treaty”, Research Seminar of the Maastricht Centre for European Law, Maastricht, The Netherlands, November 2016.

    “A neighbouring right for (press) publishers: is this the EU’s bone to throw?”, CopyCamp Conference, Warsaw, Poland, October 2016.

  • 2015

    “The Court of Justice in the driver’s seat of copyright law-making: speed bumps and speed humps”, Copycamp Conference, Warsaw, Poland, November 2015.

    “3D printing and IP”, Conference on Current Aspects of IP 2015, Lisbon Law School, Portugal, July 2015.

    “Copyright aspects of 3D printing”, Conference on Innovation, 3D printing and IP, University of Maastricht, The Netherlands, June 2015.

    “IP vs.  Energetic Efficiency, Systems of Climate Innovation and Sustainable Development” (round table), III International Congress on Energetic Efficiency, Systems of Climate Innovation and Sustainable Development, Florianópolis, Brazil, May 2015.

    ”Current developments in International and European IP Law and Policy – 3D printing”, INPI Academy, Rio de Janeiro, Brazil, May 2015.

  • Previous

    “Intellectual Property in the TTIP: How Far May the EU go?”, UACES 44th Annual Conference, Cork, Ireland, September 2014.

    “Copyright Lawmaking in the EU”, 9th International Conference in Interpretive Policy Analysis, Wageningen, The Netherlands, July 2014.

    “What lies under the internal market mask as a legal basis for harmonisation: the case of copyright”, 7th Pan-European Conference on the European Union, The Hague, The Netherlands, June 2014.

    “The Competence of the EU in Copyright Lawmaking”, Oxford Intellectual Property Discussion Group, Oxford University, United Kingdom, February 2014.

    “Copyright Enforcement in the Digital Environment”; “Emergent Licensing Modalities on the Internet”; “The Role of Internet Intermediaries in the Distribution of Digital Contents Protected by Copyright”, 21st Annual International Conference on Actual Problematic Issues of Intellectual Property, Yalta, Ukraine, September 2013.

    “ACTA: Danger or Rescue? A debate” (keynote speech), University of Amsterdam/SAE Institute, Amsterdam, The Netherlands, May 2012.

 

PUBLICATIONS