Immaterialgüter- und Wettbewerbsrecht

Private Autonomy in Intellectual Property Systems: a European Perspective

The research focuses on the analysis of the reshaping of the concept of Party Autonomy in

European Intellectual Property Law. Then, it raises some questions about the future of IP

contracts in European law, with particular attention to the issue of copyright contracts in

digital environment.

Last Update: 21.07.15

The period of research at the Institute has been mainly devoted to a better structuring of the

work and to the analysis of the most relevant works in literature. The general principle of

Party Autonomy in Europe and its limitations have been investigated, especially in the realm

of Intellectual Property law. A model of the relationship between law and freedom of contract

in Europe, with a synchronic glimpse over different IP rights, is of particular relevance for the

foundations of the study. Then, some examples related to the trend of freedom of contract to

overcome the balance of interest fixed by legislators in IP law have been examined, with a

focus on the CJEU case - law on IP contracts-related issues (e.g. Luksan, C 277/10 (February,

9 2012); UsedSoft GmbH v Oracle International Corp. C-128/11 (July 3, 2012) ). Regarding

the problems created by some new online uses of content protected by copyright (i.e. opt-out

strategies, linking and displaying third parties’ content online) and the implied license

doctrine, the article “Is There Free-Riding? A Comparative Analysis of The Problem of

Protecting Publishing Materials Online in Europe” has been implemented, submitted and then

published by Journal of Intellectual Property Law and Practice.

In this timeframe, the development of the study of copyright-related issues has been

privileged and it could benefit of the insights provided by my supervisor at MPI, Dr. Sylvie

Nérisson. According to my research project initiated at Scuola Superiore Sant’Anna, further

aspects related to other IP rights will be investigated in the continuation of the work.

Lastly, the work in progress has been further enriched by the opportunity to discuss my ideas

with the research group of MPI, and in particular with Prof. Dr. Josef Drexl.


Doctoral Student

Silvia Scalzini


Dr. Sylvie Nérisson

Doctoral Supervisor

Prof. Dr. Giovanni Comandé

Main Areas of Research

Zielsetzungen der Europäischen Union