Nicola Lucchi
Nicola Lucchi is "Serra Húnter" Professor of Comparative Law at the Universitat Pompeu Fabra (UPF), Facultat de Dret, Barcelona, Spain. Before joining UPF, he was Universitetslektor, Docent (tenured Associate Professor) at the Jönköping University International Business School where he was also affiliated researcher of the Media Management and Transformation Centre (MMTC). Previously, he was EU Marie Curie post-doc Fellow Researcher at the Université catholique de Louvain - Institut pour la recherche interdisciplinaire en sciences juridiques and research associate (assegnista di ricerca) at the University of Ferrara, Italy.
He holds a PhD in law from the University of Padua, a Degree in Law and a postgraduate certificate in EU Law both from the University of Ferrara, Italy.
Nicola's research interests focus on comparative business law and policy and the interaction between law and innovation. His current research agenda centers on the impact of scientific and technological developments on fundamental legal rights and on non-conventional copyright subject matters.
Previous appointments include: visiting scholar at the University of California at Berkeley (Boalt Hall School of Law)(2003), Rotary Ambassadorial scholar at the University of Texas at Austin (2004/05) and Research Fellow of the Stanford Center for Internet & Society (2005/06); Global Engelberg Research Fellow at the NYU School of Law within the Hauser Global Law School Program (2006/07); stipendiat at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich (2010); Erasmus Visiting Professor at Victoria University of Wellington, School of Accounting & Commercial Law, Wellington, New Zealand (2017); Visiting Research Fellow at the S. Horowitz Institute for Intellectual Property”, Buchmann Faculty of Law, Tel Aviv University, Israel (2018); Visiting adjunct Professor at the University Ca' Foscari of Venice, Italy (2019).
He is member of the Marie Curie Alumni Association, of the AIDC (The Italian Association of Comparative Law) , IASC (The International Association for the Study of the Commons), ATRIP (International Association for the Advancement of Teaching and Research in Intellectual Property), ESIL (European Society of International Law), EPIP (European Policy for Intellectual Property) and The Swedish Section of the International Association for Philosophy of Law and Social Philosophy (IVR-Sweden).
Address: Universitat Pompeu Fabra
Department of Law
Carrer Ramon Trias Fargas, 25
08005 Barcelona - Spain
He holds a PhD in law from the University of Padua, a Degree in Law and a postgraduate certificate in EU Law both from the University of Ferrara, Italy.
Nicola's research interests focus on comparative business law and policy and the interaction between law and innovation. His current research agenda centers on the impact of scientific and technological developments on fundamental legal rights and on non-conventional copyright subject matters.
Previous appointments include: visiting scholar at the University of California at Berkeley (Boalt Hall School of Law)(2003), Rotary Ambassadorial scholar at the University of Texas at Austin (2004/05) and Research Fellow of the Stanford Center for Internet & Society (2005/06); Global Engelberg Research Fellow at the NYU School of Law within the Hauser Global Law School Program (2006/07); stipendiat at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich (2010); Erasmus Visiting Professor at Victoria University of Wellington, School of Accounting & Commercial Law, Wellington, New Zealand (2017); Visiting Research Fellow at the S. Horowitz Institute for Intellectual Property”, Buchmann Faculty of Law, Tel Aviv University, Israel (2018); Visiting adjunct Professor at the University Ca' Foscari of Venice, Italy (2019).
He is member of the Marie Curie Alumni Association, of the AIDC (The Italian Association of Comparative Law) , IASC (The International Association for the Study of the Commons), ATRIP (International Association for the Advancement of Teaching and Research in Intellectual Property), ESIL (European Society of International Law), EPIP (European Policy for Intellectual Property) and The Swedish Section of the International Association for Philosophy of Law and Social Philosophy (IVR-Sweden).
Address: Universitat Pompeu Fabra
Department of Law
Carrer Ramon Trias Fargas, 25
08005 Barcelona - Spain
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Books by Nicola Lucchi
Copyright law constantly evolves to keep up with societal changes and technological advances. Contemporary forms of creativity can threaten the comfortable conceptions of copyright law as creative people continually find new ways of expressing themselves. In this context, Non-Conventional Copyright identifies possible new spaces for copyright protection.
With current copyright law in mind, the contributions explore if the law should be more flexible as to whether new or unconventional forms of expression – including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, DJ sets, 3D printing, works generated by artificial intelligence, perfume making, typefaces, or illegal and immoral works – deserve protection. Vitally, the contributors suggest that it may be time to challenge some of the basic tenets of copyright laws by embracing more flexible ways to identify protectable works and interpret the current requirements for protection. Additionally, some contributors cast doubts about whether copyright is the right instrument to address and regulate these forms of expression.
Contemporary in topic, this thought-provoking book will be essential reading for intellectual property law scholars, practitioners and policymakers. Creative people and those involved in the creative industries will also find this book an engaging read.
Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovation & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents."
Papers by Nicola Lucchi
Considering the evolving conception of copyright subject-matter, the current narrow patent-eligible protection over living organisms and the advance of emerging technosciences such as synthetic biology, the article looks with renewed interest at the debate on copyright law as an additional potential form of protection for engineered biological creations. The contribution of this investigation is to reveal that copyright seems not only flexible enough to handle contemporary technologies producing living organisms but also socially preferable to patent protection for accessing and using essential public knowledge assets in the life sciences.
Within this context, the objective of the paper is to discuss how to recast the traditional right to access to and use of biochemical and human genetic material currently considered as part of the market framework. Looking beyond the protection of traditional public goods, the paper emphasizes the debate around the progressive commodification of human genetic resources facilitated by an improper use of intellectual property rights. Different scenarios are analyzed to evaluate alternative instruments and new regulatory approaches to avoid the private appropriation of human genetic resources and other natural compounds.
Copyright law constantly evolves to keep up with societal changes and technological advances. Contemporary forms of creativity can threaten the comfortable conceptions of copyright law as creative people continually find new ways of expressing themselves. In this context, Non-Conventional Copyright identifies possible new spaces for copyright protection.
With current copyright law in mind, the contributions explore if the law should be more flexible as to whether new or unconventional forms of expression – including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, DJ sets, 3D printing, works generated by artificial intelligence, perfume making, typefaces, or illegal and immoral works – deserve protection. Vitally, the contributors suggest that it may be time to challenge some of the basic tenets of copyright laws by embracing more flexible ways to identify protectable works and interpret the current requirements for protection. Additionally, some contributors cast doubts about whether copyright is the right instrument to address and regulate these forms of expression.
Contemporary in topic, this thought-provoking book will be essential reading for intellectual property law scholars, practitioners and policymakers. Creative people and those involved in the creative industries will also find this book an engaging read.
Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovation & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents."
Considering the evolving conception of copyright subject-matter, the current narrow patent-eligible protection over living organisms and the advance of emerging technosciences such as synthetic biology, the article looks with renewed interest at the debate on copyright law as an additional potential form of protection for engineered biological creations. The contribution of this investigation is to reveal that copyright seems not only flexible enough to handle contemporary technologies producing living organisms but also socially preferable to patent protection for accessing and using essential public knowledge assets in the life sciences.
Within this context, the objective of the paper is to discuss how to recast the traditional right to access to and use of biochemical and human genetic material currently considered as part of the market framework. Looking beyond the protection of traditional public goods, the paper emphasizes the debate around the progressive commodification of human genetic resources facilitated by an improper use of intellectual property rights. Different scenarios are analyzed to evaluate alternative instruments and new regulatory approaches to avoid the private appropriation of human genetic resources and other natural compounds.
quali la presunzione di innocenza, la separazione dei poteri, il diritto di difesa, il diritto ad un equo processo, il rispetto del principio del contraddittorio, nonche´ il necessario compromesso tra diritto d’autore e liberta` di espressione e comunicazione.
Considering this multifaceted ecosystem, the investigation intends to assess the potential of GIs as an instrument to indirectly protect knowledge commons given the cultural component of some agricultural and non-agricultural production. The occurrence of this effect, seems to be also one of the reason behind the demand for the extension of higher form of protection for products other than wines, spirits and foodstuff, namely the extension of GIs to non-agricultural products.
Within this context, the objective of the chapter is to discuss how to recast the traditional right to access to and use of biochemical and human genetic material currently considered as part of the market framework
gestione e controllo dell’informazione. Allo stesso tempo tali tecnologie facilitano e supportano l’utilizzo di pratiche considerate illegali o illecite, specie nel mondo dei
contenuti digitali sottoposti a privativa intellettuale. Tali argomenti sollevano la questione di come sia possibile controllare e governare le nuove tecnologie della comunicazione salvaguardando le libertà dei loro utilizzatori. In questo stesso contesto, si pone altresì il problema di come conciliare la dimensione globale di tali strumenti comunicativi
con le libertà individuali, gli interessi economici in gioco e le particolari esigenze di ogni singolo stato.
The presentation will, in particular, expand on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, body painting, culinary works, sport movements, yoga, jokes, magic tricks, dj-sets, perfume making, engineered DNA sequences, typefaces, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection.
The first copyright statutes granted protection only to a very few works such as books, charts, and maps. In several jurisdictions, for example UK, the belief has for long been shared that just selected and closed categories of artistic and creative endeavours deserve to be protected by this intellectual property right. Yet, such belief has subsequently proved anachronistic, also as a consequence of technological progress. Indeed, the subject matter protected by copyright laws has progressively expanded over the years, covering inter alia photographs, phonographs, works of applied art, films and broadcasts, computer programs and databases: this has taken place not only in jurisdictions having an “open-ended list” of authors’ rights subject matter (such as France, Germany, and Netherlands), but also in countries with “closed lists”.
The progressive expansion of copyrightable subject matter has not stopped. Authors and creative people are indeed continually finding new ways of expressing themselves, being often difficult to foresee the forms that these new expressive methods will take. And the way the traditional, exhaustive and privileged classification of copyrightable works have been defined (as well as the narrow way “open-ended lists” have often been interpreted by courts) has still little to do with how several contemporary artists, practitioners of new forms of art and entertainment and even commercial enterprises nowadays define their own practice and activity. Therefore, rigid classifications as well as judicial “restrictions” of copyrightable subject matter, may (again) become anachronistic as an increasing number of creative human endeavours may produce results which arguably do not fall within any of the enumerated (or judicially identified) categories of protectable works, but that are nevertheless the result of intellectual efforts.
The presentation will focus on those forms of expression (see the list above) which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. In particular, we have selected just those topics that have had or may have a jurisprudential impact or have contributed to policy changes at the national level.
In particular, the lecture will present a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with intellectual property and individual liberty. The lecture addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.
Intervengono
Giovanni Pitruzzella (Autorità per le garanzie nelle comunicazioni)
Ernesto Apa (Portolano Cavallo Studio Legale)
Nicola Lucchi (Jönköping University)
Marco Bassini (Università degli Studi di Verona)
Mariateresa Maggiolino (Università Bocconi)
Graziella Romeo (Università Bocconi)
Conclusioni
Vincenzo Zeno-Zencovich (Università degli Studi Roma Tre)
Discussants:
Marco Bassini (Università degli Studi di Verona)
Simone Penasa (Università degli Studi di Trento)
The methodological approach involves the analysis of case studies, texts produced by government and regulatory institutions as well as by judicial authorities. In particular, the subject matter will be discussed and analyzed by using the following methodologies: doctrinal research, interdisciplinary legal research and comparative method. Uncertain or ambiguous legal ruling will be also interpreted observing the proper institutional or social context. This process will involve an evaluation of the effectiveness of GIs legislation in achieving specific social goals as well as an examination of the extent to which it is being complied with.
The objective of this paper is to reflect on the use of geographical indication as a complementary instrument for the implementation of the transfer of knowledge and know-how to communities. It also aim to develop the concept of GOs as a form of "collective ownership" based on know-how and useful for a local community.
Geographical Indications are usually seen as intellectual property protection mechanisms and treated likewise. This paper is intended to highlight that they do not only protect marks, symbols, connected to geography of origin but they also protect public knowledge assets and expressions of culture which are typically passed down through generations, and have a strong relationship with the territory. This argumentation is still not well- developed, thus leaving space for further investigation and fact-finding. Therefore, significance of this investigation for knowledge commons research lies in its contribution to a better understanding of the various conceptual elements and strategies to access, protect and use forms of common knowledge.
modalità di regolamentazione e di governance, in quanto consentono processi più decentrati di elaborazione,
gestione e controllo dell’informazione. Allo stesso tempo tali
tecnologie facilitano e supportano l’utilizzo di pratiche considerate illegali o illecite, specie nel mondo dei contenuti digitali. Tali argomenti sollevano la questione di come sia possibile controllare e governare le nuove tecnologie della comunicazione salvaguardando le libertà dei loro utilizzatori. In questo stesso contesto, si pone altresì il problema di come conciliare la dimensione globale di tali strumenti comunicativi con le libertà individuali, gli interessi economici in gioco e le particolari esigenze di ogni singolo stato. Considerando tale contesto, il seminario intende mettere l’accento sul ruolo fondamentale svolto dalle nuove forme di espressione e
comunicazione mediate dalle reti di computer, il loro potenziale sulla democratizzazione della libertà d’espressione e le incognite in termini di conflitto tra diritti.
Broadband access has - in fact - become a prerequisite to satisfy a wide range of information needs. As a consequence, to enable communication and use of information across electronic networks it is also necessary to guarantee a regular and effective Internet access. Considering this scenario, the seminar also discusses and analyses the functional relationship between modern communication technologies and legislative reforms in the area of digital communications that threaten to reduce online freedoms.