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ABOUT

I am a Copyright Counsel at Google and a Guest Assistant Professor at the Faculty of Law of Leiden 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.

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PUBLICATIONS

[/vc_column_text][foundry_tabs][foundry_tabs_content icon=”” title=”2019-2020″](with Jani McCutcheon, eds) International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts: Feeling Art, Routledge, 2020 (forthcoming).

(with E. Lauro) “What will happen when 4D printing hits design town? Copyright and Design law perspectives”, in: B. Pass (ed.), Il Design, L’Innovazione Tecnologica e Digitale, ESI Press, 2020 (forthcoming).

(with M. Santos Silva) “‘I know it when I see it’: on academic plagiarism, and how to assess it”, Higher Education for the Future, 2020 (forthcoming).

Book review:Online Distribution of Content in the EU, edited by Taina Pihlajarinne, JuhaVesala and Olli Honkkila. (Cheltenham: Edward Elgar, 2019), Common Market Law Review 57(2) 2020, 615.

“Originality redux: an analysis of the originality requirement in AI-generated works”, in AIDA 2019 (ed. Giuffrè).[/foundry_tabs_content][foundry_tabs_content icon=”” title=”2018″]“Intellectual Property”, in F. Amtenbrink, D. Curtin, B. de Witte, P.J. Kuijper, A. McDonnell & S. Van den Bogaert (eds.), The Law of the European Union (5th ed.), Wolters Kluwer, 2018.

“Patentability of AI-generated innovations: is a reform of the patent system needed?”, IIP Bulletin June 2018.

The seven-year itch: is the Term Extension Directive working for performers? (With A. Lopez-Tarruella), Kluwer Copyright Blog, May 2018 (based on the more extensive Study available here).

Ex machina, ex autore? Machines that create and how copyright law views them, Kluwer Copyright Blog, November 2018.[/foundry_tabs_content][foundry_tabs_content icon=”” title=”2017″]“Will Robots Rule the (Artistic) World? A Proposed Model for the Legal Status of Creations by Artificial Intelligence Systems”, Journal of Internet Law, 21 (1), 2017.

(with Gomez Garcia), “Copyright after Brexit”, Journal of Intellectual Property Law and Practice 2017, 12(8), 2017.

“Benchmarking for a more balanced legislation: the example of copyright law”, Amicus Curiae 105, 2, 2017.

“Beyond the Cover Story: An Enquiry into the EU Competence to Introduce a Right for Publishers”, International Review of Intellectual Property and Competition Law 48(1), 71, 2017.

[/foundry_tabs_content][foundry_tabs_content icon=”” title=”2016″]The Competence of the European Union in Copyright Law-making. A normative perspective of EU powers for copyright harmonization, Springer, 2016 [reviewed here]

“All roads lead to Marrakesh: the exclusive external competence of the EU” (September 2016), available at http://kluwercopyrightblog.com/2016/09/28/roads-lead-marrakesh-exclusive-external-competence-eu/

“EU competence to create a neighbouring right for publishers? The small pieces make up the big picture” (September 2016), available at http://kluwercopyrightblog.com/2016/09/05/eu-competence-create-neighbouring-right-publishers-small-pieces-make-big-picture/

“The Opinion of AG Wathelet in GS Media: what´s in a ´precedent`?” (April 2016), available at http://kluwercopyrightblog.com/2016/04/26/opinion-ag-wathelet-gs-media-whats-precedent/[/foundry_tabs_content][foundry_tabs_content icon=”” title=”Previous”]“3D Printing, Copyright and Other IP Rights” (in Portuguese), Revista de Direito Intelectual 2015, 2, 21.

“Signed, Sealed, But Not Delivered: the EU and the Ratification of the Marrakesh Treaty”, European Journal of Risk Regulation 2015, 6(4), 629.

“Study on the construction of normative content for EU copyright law” (in Portuguese), in: Moura Vicente et al. (eds.), Estudos de Direito Intelectual em homenagem ao Prof. Doutor José de Oliveira Ascensão. 50 anos de vida universitária, Almedina, 2015.

“The Court of Justice, the Commission, and the case for consolidation of EU copyright law” (November 2015), available at http://kluwercopyrightblog.com/2015/12/07/the-court-of-justice-the-commission-and-the-case-for-consolidation-of-eu-copyright-law/

“Blocking Marrakesh: an argument based on a house of cards” (May 2015), available at http://kluwercopyrightblog.com/2015/05/03/blocking-marrakesh-an-argument-based-on-a-house-of-cards/

“Conceptualising the European Union’s Competence in Copyright: What Can the EU Do?”, International Review of Intellectual Property and Competition Law 2014, 45(2), 178. [republished in J. Rosen (ed), European Intellectual Property Law, Edward Elgar, 2016]

“Copyright Law-making in the EU: What Lies Under the ‘Internal Market’ Mask?”, Journal of Intellectual Property Law and Practice 2014, 9(3), 9.

(with J. Quintais) “International Free and Open Source Software – Portugal”, in: Y. Van den Brande, S. Coughlan & T. Jaeger (eds.), The International Free and Open Source Software Law Book , Open Source Press, 2014.

“It takes one to tango? The ever-expanding EU exclusive competence in IP related treaties” (November 2014),  available at http://kluwercopyrightblog.com/2014/11/04/it-takes-one-to-tango-the-ever-expanding-eu-exclusive-competence-in-ip-related-treaties/

“The TTIP-gate: a tale of access to documents, secrecy and EU powers” (July 2014), available at http://kluwercopyrightblog.com/2014/07/09/the-ttip-gate-a-tale-of-access-to-documents-secrecy-and-eu-powers/

“The EU mandate to negotiate the TTIP: should copyright be an outcast?” (May 2013), available at http://kluwercopyrightblog.com/2013/05/21/the-eu-mandate-to-negotiate-the-ttip-should-copyright-be-an-outcast/

“EU: Playing Sherlock, or spotting copyright consequences in patent cases” (May 2013), available at http://kluwercopyrightblog.com/2013/05/02/eu-playing-sherlock-or-spotting-copyright-consequences-in-patent-cases/

(with C. Angeloupoulos (eds.)), Crossroads of Intellectual Property: the Intersection of Intellectual Property and other Fields of Law,  Nova Publishers, 2012.

“Is Secrecy the New Black in IP?”, Journal of Intellectual Property Law and Practice 2012, 7(5), 316.

“Murder they wrote – the Dutch kill ACTA” (May 2012), available at http://kluwercopyrightblog.com/2012/05/30/murder-they-wrote-the-dutch-kill-acta/

“The Donner case: when EU law meets copyright law” (April 2012), available at http://kluwercopyrightblog.com/2012/04/02/the-donner-case-when-eu-law-meets-copyright-law/

“The European Union and ACTA – Or Making Omelettes without Eggs (Again)”, International Review of Intellectual Property and Competition Law 2011, 42(1), 97. [also translated into Chinese and re-published in Innovation and Intellectual Property 2012, 2]

“The Law and Economics of Protecting Technological Measures in Copyright: a Portuguese Viewpoint”(in Portuguese), Direito da Comunicação Social e Liberdade de Expressão 2011, 3, 107.

“Portugal – what will the future of private copying levies be?”, GRUR International 2011, 60(11), 992.

Winds of Change or Delusional Optimism? (November 2011), available at http://kluwercopyrightblog.com/2011/11/22/winds-of-change-or-delusional-optimism/

“Parody in Trademarks and Copyright: Has Humour Gone Too Far?”, Cambridge Student Law Review 2009, 5(1), 58.

“Silent Ethics in the Mobile Phone Sector? The Case of the ‘por qué no te callas?’ Ringtone”, European Intellectual Property Review 2009, 31(4), 218.

“Portugal – Provisional Patent Applications: A Successful Innovation”, GRUR International 2009, 58(10), 882.

“Marks, Forfeiture and a Constitutional Conundrum”, World Trademark Review 2009-18, 15.

“Intellectual Property and Social Justice”, in: F. Columbus (Ed.), Handbook of Social Justice , Nova Publishers, 2009.

“Portuguese Supreme Court Sets New Boundaries for Compensation for Copyright Infringement”, Journal of Intellectual Property Law and Practice 2008, 3(11), 687.

“The Legal Protection of Fashion under Design Law” (in Portuguese), Direito Industrial 2008-5, 477.[/foundry_tabs_content][/foundry_tabs][/vc_column][/vc_row][vc_row css=”.vc_custom_1526307837733{background-color: rgba(101,178,137,0.11) !important;*background-color: rgb(101,178,137) !important;}”][vc_column][vc_raw_html]JTNDYSUyMGlkJTNEJTIyY29uZmVyZW5jZXMlMjIlM0UlMjZuYnNwJTNCJTNDJTJGYSUzRQ==[/vc_raw_html][vc_empty_space][vc_column_text]

CONFERENCES AND TALKS

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“Developing a brand image through trademarks and designs”; “Protecting creativity and using the creativity of others”, Korea International Women Inventors Forum, Seoul, South Korea, June 2019.

“Artificial intelligence and IP” (roundtable), AIPPI Symposium, Zeist, The Netherlands, March 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.[/foundry_tabs_content][foundry_tabs_content icon=”” title=”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.[/foundry_tabs_content][foundry_tabs_content icon=”” title=”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.[/foundry_tabs_content][foundry_tabs_content icon=”” title=”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.[/foundry_tabs_content][foundry_tabs_content icon=”” title=”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.[/foundry_tabs_content][foundry_tabs_content icon=”” title=”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.[/foundry_tabs_content][/foundry_tabs][/vc_column][/vc_row][vc_row][vc_column][vc_raw_html]JTNDYSUyMGlkJTNEJTIydGVhY2hpbmclMjIlM0UlMjZuYnNwJTNCJTNDJTJGYSUzRQ==[/vc_raw_html][vc_empty_space][vc_column_text]

TEACHING

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I currently teach the course European and International Intellectual Property Law, within the European and International Business Law Programme at Leiden University.

In the past, I taught the following courses on the Advanced Master in Intellectual Property and Knowledge Management at Maastricht University:

Copyright and Related Rights

Copyright and Designs

Trademarks, Copyright and Designs

Legal English and Methodology

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

I created this module with the goal of supporting 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 is currently being taught at Maastricht University.

The module first familiarizes 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 informs 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 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. Materials here.

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When I was in Maastricht University, I created the Indie Art Legal Clinic as a means to provide 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.[/foundry_tabs_content][foundry_tabs_content icon=”” title=”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)

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PREVIOUS ACADEMIC PROJECTS

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

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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, undertook 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), and myself, a workshop on this topic took 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.

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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 aimed to analyse 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 built on existing legal literature on intellectual property, trade and traditional knowledge.

This research project was supported by a  WUN grant, in collaboration with the University of Auckland, New Zealand.

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I have undertaken 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

[/foundry_tabs_content][foundry_tabs_content icon=”” title=”Other Projects”]Other projects I am involved in include:

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