Barna Arnold Keseru

59205804100

Publications - 2

Trademark protection for faces? A comprehensive analysis on the benefits and drawbacks of trademarks and the right to facial image

Publication Name: Journal of Intellectual Property Information Technology and E Commerce Law

Publication Date: 2024-06-01

Volume: 15

Issue: 1

Page Range: 88-99

Description:

The purpose of this paper is to present a comprehensive framework for the possibility of trademark protection for human faces. In the case law of the European Union Intellectual Property Office there are a few examples of trademarks, which consist of only photorealistic human faces. Private law protects the use of images; however, the trends of recent years demonstrate that trademarks could also have a role in such protection. The author aims to analyze the similarities and differences between trademark protection and personality rights in order to determine whether trademarks for faces are necessary or not. The over- arching analysis compares twelve aspects of the two ways in which the legal systems protect facial imagery, highlighting their various advantages and drawbacks. The comparison includes the following attributes: function of protection, scope of protection, territorial dimensions of protection, temporal dimensions of protection, conditions of protection, content of protection, limitations and exceptions, transferability of rights, enforcement of rights, requirement of use, termination of rights and costs.

Open Access: Yes

DOI: DOI not available

The Holy Trinity of Patents, Biotechnology and Sustainability. Review of Biotech Patents in the Scope of US Patent Case Law

Publication Name: Chemical Engineering Transactions

Publication Date: 2024-01-01

Volume: 114

Issue: Unknown

Page Range: 985-990

Description:

Patent law plays a crucial role in all three pillars of sustainable development. Economically, patents serve as a highly valuable competitive tool, socially, they promote advancements that benefit public health and nutrition, and environmentally, patents facilitate the development and dissemination of environment-friendly technologies. In recent decades, biotechnology has emerged as one of the most significant patent-intensive industries. This paper examines the evolution of the patentability of biotechnological inventions from the early 1970s to the present day, with a primary focus on the case law of the United States, a predominant actor in this field. The main contributions of this paper are twofold. First, it explores the framework of patentability for biotechnological inventions, particularly focusing on different genomes. Second, the paper considers the potential future of biotechnology, particularly in light of ongoing litigation over CRISPR-Cas9 gene-editing technology. The findings suggest that recent US case law, particularly regarding CRISPR-Cas9, will shape patentability criteria and market access. Over-protection of biotechnology may hinder the fulfillment of sustainable development goals, while the lack of exclusive rights would hold back innovation, which is also harmful to these goals.

Open Access: Yes

DOI: 10.3303/CET24114165