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  • 1.
    Bin, Roberto
    et al.
    Università di Ferrara.
    Lorenzon, SaraUniversità di Ferrara.Lucchi, NicolaUniversità di Ferrara.
    Biotech Innovations and Fundamental Rights2012Collection (editor) (Refereed)
    Abstract [en]

    Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities.

    Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovations & 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

  • 2. Bonadio, Enrico
    et al.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    How Far Can Copyright Be Stretched? Framing the Debate on Whether New and Different Forms of Creativity Can Be Protected2019In: Intellectual Property Quarterly, ISSN 1364-906X, no 2, p. 115-135Article in journal (Refereed)
    Abstract [en]

    This article expands on whether copyright protection may be available for certain new and non-conventional works as diverse as graffiti, sports movements, DJ sets, culinary presentations, jokes, magic tricks, works created by artificial intelligence and engineered DNA. The potential expansion of copyright in a knowledge-based society is a relevant and topical subject at the moment also in light of the current scholarly and policy debates on the modernisation of copyright rules in many countries, including the EU and US. The issue of whether copyright can protect certain new and non-traditional products of human ingenuity is here addressed by carrying out a specific-work-related analysis of core tenets of copyright laws, including copyrightable subject-matter, originality, fixation and authorship requirements, the functionality exception as well as morality and public policy provisions.

  • 3.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Academic mobility: how to return at the starting point2013Conference paper (Other (popular science, discussion, etc.))
    Abstract [en]

    Voice of the Researchers Conference “Raising Researchers' Voices-opinions on jobs, careers and rights” is a 2 - day meeting for researchers to debate and talkabout issues affecting modern research, research careers, mobility, funding and policy in the European research Area (ERA). It will draw researchers from the fields of science, the arts and humanities to Brussels. It will aim to be a two day interactive discussions, social media will play a large role in the event which will also include a live 'Science Slam' and 'Elevator Pitch'.

  • 4.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression2011In: Cardozo Journal of International & Comparative Law, ISSN 1069-3181, Vol. 19, no 3, p. 645-679Article in journal (Other academic)
    Abstract [en]

    In January 2010, after a troubled process, the French law for "creation and Internet", commonly known as Hadopi 2, was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel (France’s highest constitutional authority), through Decision No. 2009-580 DC of the 10th of June 2009. The Conseil examined the mechanism of sanctions introduced by the regulatory measure assessing the compliance with fundamental rights and freedoms, such as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, the respect of the right to be heard and the necessary compromise between copyright and freedom of expression and communication.

  • 5.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Book Presentation: "L' impatto di scienza e tecnologia sui diritti dell'individuo" - November 24, 2016 - University of Macerata, Dipartimento di Giurisprudenza - Macerata (Italy)2016Other (Other (popular science, discussion, etc.))
  • 6.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Book Presentation: "L’impatto della scienza e della tecnologia sui diritti dell’individuo" - Università Commerciale Luigi Bocconi, 16 maggio 20162016Other (Other academic)
  • 7.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Challenges and Opportunities at the Interface of Synthetic Biology, Microbiology and Intellectual Property Rights2018In: Intellectual Property Issues in Microbiology / [ed] Harikesh Bahadur Singh, Chetan Keswani & Surya Pratap Singh, Singapore: Springer Nature , 2018Chapter in book (Refereed)
    Abstract [en]

    During the last decade, the genomics revolution has created powerful instruments for genetic manipulation of living organisms. In addition, new biotechnological tools allow to modify organisms in order to perform specific tasks. In particular, synthetic biology is an emerging trans-disciplinary field that uses engineering principles to design and assemble novel biological components. For example, within the area of industrial microbiology, synthetic biology has contributed to build from scratch or re-engineer new microorganisms or chemical compounds. However, all these scientific and biotechnological innovations present a substantial challenge also for the law and especially for intellectual property rights. Considering this multifaceted scenario, this chapter discuss the current challenges and opportunities at the intersection of synthetic biology, microbiology and intellectual property also proposing alternative form of protection for genetically engineered works created by using synthetic biology.

  • 8.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Copyrightability of Engineered DNA Sequences2018In: Non- Conventional Copyright: Do New and Non-Traditional Works Deserve Protection? / [ed] Enrico Bonadio and Nicola Lucchi, Edward Elgar Publishing, 2018Chapter in book (Refereed)
    Abstract [en]

    The chapter focus on copyright as a possible an additional form of intellectual property protection for engineered DNA sequences. Considering the evolving conception of copyright subject matter, the current narrowed patent-eligible protection over living organisms and the advance of emerging technosciences like synthetic biology, the chapter looks with a renewed interest to copyright law as an additional potential form of protection for engineered biological creations. In particular, the contribution of this chapter 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.

  • 9.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Countering the Unfair Play of DRM Technologies2007In: Texas Intellectual Property Law Journal, ISSN 1068-1000, Vol. 16, no 1, p. 91-124Article in journal (Other academic)
    Abstract [en]

    In the rapidly expanding information society, intellectual property law plays an increasingly important role in the production, distribution and use of creative material. As a consequence, it faces new possibilities and challenges. One of the most troublesome is connected with the development of the Digital Rights Management Systems and Technological Protection Measures applied to control the distribution and use of electronic works. In this framework, the anti-circumvention provisions enacted at the American, European and international level to safeguard digital content from uncontrolled distribution and unlawful use could have perverse effects and serious implications for the consumer community. When these provisions are applied and embedded to media products, they can erode some fundamental rights of consumers and can restrict traditional usages. This paper analyzes whether and to what extent the consumer rights are negatively affected by digital terms and conditions enforced with technology and contract law. To balance this inequity the research speculates on the application of consumer protection law as a possible contributory instrument to reduce imbalance between parties.

  • 10.
    Lucchi, Nicola
    University of Ferrara, Italy & Stanford Law School.
    Digital Media & Intellectual Property: Management of Rights and Consumer Protection in a Comparative Analysis2006Book (Refereed)
    Abstract [en]

    The book provides a comparative and comprehensive analysis of the current state of technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and their impact on consumer protection policy. The book concludes with an overview of the effects, and the possible solutions, under U.S. and EU law, posed by using contractual arrangements to expand intellectual property rights.

  • 11.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School.
    Digital media pluralism: Media freedom and pluralism in the new media landscape2016Conference paper (Refereed)
    Abstract [en]

    The paper considers the global impacts of digital communication technologies and how they can influence media pluralism and media freedom as well as the ways in which legal systems aim to support and protect them within the context of ongoing technological developments. In particular, it suggests that although new media may potentially help pluralism, there are also significant challenges to achieving effective freedom and pluralism through new media. The paper concludes by proposing recommendations on how the current legislation could be used, adapted or modified in order to encourage media freedom and pluralism also in the digital context. 

  • 12.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Digital media pluralism. The need for global strategies2016In: Freedom of expression and media in transition: Studies and reflections in the digital age / [ed] Ulla Carlsson, Göteborg: Nordicom, 2016, p. 91-100Chapter in book (Refereed)
    Abstract [en]

    The chapter considers the global impacts of digital communication technologiesand how they can influence media pluralism and media freedom as wellas the ways in which legal systems aim to support and protect them. Electroniccommunication and technical developments have in fact contributed to enormouschanges in daily life. They have also promoted important economic,social and cultural transformations. The new digital environment has becomean essential space used for various purposes not strictly informational. In addition,digital communication technologies are regarded as necessary instrumentsfor having full enjoyment of a series of rights, including the right toaccess knowledge and information, the right to communicate, the right to cultureand the right to participate in society. This new situation also implies thatall people should have access to these technological innovations at affordableconditions, and that any restrictions should be strictly limited and proportionate.As online networks are considered a particularly well-designed space forpluralism and cultural diversity, their freedom and openness should be protectedand enhanced. In particular, the principle of an open and unrestrictedInternet – as it was originally conceived – should be considered an essentialprecondition for any regulatory measure taken with regard to it.

  • 13.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Digital Media Pluralism: The Question of Access2014Conference paper (Refereed)
    Abstract [en]

    The Internet has become an essential tool for various life-related purposes, and it is an instrument necessary for the proper enjoyment of a series of rights—including the right to access knowledge and information and the right to communicate.  This new paradigm also implies that all people should have access to the Internet at affordable conditions, and any restrictions should be strictly limited and proportionate.  As a consequence, any regulatory and policy measures that affect the Internet and the content that flows over it should be consistent with basic rights and liberties of human beings.  This paper intends to discuss the unique nature of the access to networked services as well as the corresponding connection with the concept of pluralism. In particular, the growing importance of digital media is challenging the traditional notion of pluralism. In this context, the question of access  it is thus  paramount in order to guarantee an effective protection of freedom of expression and information.On this ground, the paper examines how Internet content governance is posing provocative and fascinating regulatory issues directly related to the growing possibilities offered by computer-mediated communication. This debate is not simply “technical”, but also political, legal and social since it involves sustainable and value-oriented solutions, but also - more importantly - the awareness of the human rights dimension of Internet regulation.  The possible answers to these issues are at the center of the ongoing discussion concerning the regulation of digital content and communication technologies.  Drawing upon comparative and case study material, this paper analyses the functional relationship between modern communication technologies, legislative reforms in the area of digital communications, and constitutional freedoms.

  • 14.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Framing the Debate on Genetic Resources in an Information-Based Economy2014Conference paper (Refereed)
    Abstract [en]

    Human genetic resources are increasingly considered as marketable goods, buttheir value goes beyond the simple and immediate private value. In contrast to otherbiological resources, commercial use does not focus upon the material itself butrather upon the genetic information it contains. Information goods are then usuallysubject to intellectual property rights, but in the biological and life science domains,property rights can have a negative influence upon the proper allocation of severalgoods, including genetic material or goods that are related to it.Considering this scenario, the purpose of the paper is to discuss how to regulate theaccess to and use of biochemical and human genetic material currently consideredas part of the market framework. Looking beyond the protection of traditional publicgoods (such as land or water), the paper emphasizes the debate around theprogressive commodification of human genetic resources facilitated by an improperuse of intellectual property rights. The discourse around commons is used toevaluate alternative tools and strategies to the issue of private appropriation ofhuman genetic resources and natural compounds.

  • 15.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Freedom of expression and the right of access to the Internet: a new fundamental right?2013In: Routledge Handbook of Media Law / [ed] Monroe E. Price and Stefaan Verhulst, Abigdon: Routledge, 2013, p. 157-174Chapter in book (Refereed)
    Abstract [en]

    The chapter consider how the advent and development of the Internet have eroded the role played by traditional media becoming the most appropriate place for freedom of speech and expression. In particular it addresses the debate over the legal status of access to nerwork services increasingly perceived as an instrument to fully realize individual's rights.

  • 16.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Commercial and Tax Law.
    Gene Patents and the New USPTO Interim Guidance on Patent Subject Matter Eligibility2015Conference paper (Refereed)
    Abstract [en]

    The patenting of ‘life’ forms - including human parts – raises a number of important issues that challenge the traditional understanding of intellectual property protection suggesting the need for institutional and policy reform. In Europe this debate has focused mainly on the EU Biotech Directive which has been incorporated into the European Patent Convention. In Europe, the vast majority of biotech inventions are essentially considered patentable on ethical grounds. However, the Court of Justice of the EU was called to decide on important issues raised by patenting of embryo stem cells in Brüstle and, more recently in International Stem Cell Corporation v Comptroller. The legal uncertainty generated by these contradictory decisions seems to be very similar to the current confusion created in the United States by the Supreme Court’s decisions in Mayo and Myriad. In order to mitigate the uncertainties coming from these decisions, the United States Patent and Trademark Office (USPTO) is working on a new guidance on subject matter eligibility. In particular, on the 16 of December 2014 the USPTO issued a new guidance describing an innovative eligibility test. The Guidance has the purpose of assisting USPTO staff in examination and post-grant proceedings to define whether claimed subject matter is eligible under 35 U.S.C. 101. Considering this overall framework, the paper has the aim to discuss and analyze this new guidance attempting to clarify the new rules for granting biotech patents.

  • 17.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Commercial and Tax Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Genetic Copyright: An Alternative Method for Protecting and Using Essential Public Knowledge Assets?2018In: European intellectual property review, ISSN 0142-0461, Vol. 40, no 12, p. 767-775Article in journal (Refereed)
    Abstract [en]

    The article focuses on copyright as a possible andadditional form of intellectual property protection forengineered DNA sequences. In particular, recent progress in synthetic biology and bioengineering have triggered a resurgence of the debate on genetic copyright. 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.

  • 18.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Genetic Resources, Biotech Patents and Gene Ownership2014Conference paper (Refereed)
    Abstract [en]

    Human genetic resources are increasingly considered as ordinary commercial goods, but their value and utility go beyond the simple and immediate private profit. In contrast to other biological resources, commercial use does not focus upon the material itself but rather upon the genetic information it contains. Information goods are then usually subject to intellectual property rights, but in the biological and life science domains, property rights can have a negative influence upon the proper allocation of several goods, including genetic material or goods that are related to it. This scenario reflects the facts of recent litigations in the United States and Europe. In particular, these lawsuits have revived the debate over private ownership and control over genes.

  • 19.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Genetic Resources, Biotech Patents and Gene Ownership2014In: Law and the Human Genome Review, ISSN 1134-7708, Vol. 41, p. 103-120Article in journal (Refereed)
    Abstract [en]

    Human genetic resources are increasingly considered as ordinary commercial goods, but their value and utility go beyond the simple and immediate private profit. In contrast to other biological resources, commercial use does not focus upon the material itself but rather upon the genetic information it contains. Information goods are then usually subject to intellectual property rights, but in the biological and life science domains, property rights can have a negative influence upon the proper allocation of several goods, including genetic material or goods that are related to it. This scenario reflects the facts of recent litigations inthe United States and Europe. In particular, these lawsuits have revived the debate over private ownership and control over genes. 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.

  • 20.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Geographic designations of origin as collective rights to protect traditional knowledge2014In: 2nd Thematic Conference on Knowledge Commons: Governing Knowledge Resources with special attention to the fields of medicine and the environment: conference abstracts, 2014, p. 48-49Conference paper (Refereed)
    Abstract [en]

    Many studies suggest that geographical indications (GIs) and designations of origin (DOs) can contribute to the preservation and transfer of traditional knowledge and know-how. In particular, GIs  and DOs have been identified as a potential tool to enhance local control over resources and promote the conservation of natural and cultural values. GIs and DOs do not only protect practices associated with food production, but they also make these knowledge and practice elements publicly available. In fact – contrary to other intellectual property rights – GOs allow for collective ownership. They are also associated both to cultural practices and geographic sites, thus supporting the values built on traditional knowledge. As a consequence, the legal recognition of GIs and GOs can provide an institutional tool for fostering knowledge-based products. In addition, the relevance of GOs for protecting traditional knowledge can be observed not only in advanced economies but also in developing countries.

    Starting from these considerations, the paper looks at the use of geographical indications and designations of origin for agricultural products and foodstuffs in an attempt to determine whether they are an effective instruments of community governance. The article analyzes concrete examples to illustrate how this particular intellectual property regime on “collective rights” can be used to protect traditional knowledge or to prevent its misappropriation. In particular, the investigation focuses on how knowledge embedded in geographical indicators may provide and enhance shared knowledge assets.

  • 21.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Geographical Indications and Protection of Traditional Knowledge Exploring Case Studies from both Developed and Developing Countries2015Conference paper (Refereed)
    Abstract [en]

    Many studies suggest that geographical indications (GIs) and designations of origin (DOs) can contribute to the preservation and transfer of traditional knowledge and know-how. In particular, GIs and DOs have been identified as a potential tool to enhance local control over resources and promote the conservation of natural and cultural values. GIs and DOs do not only protect practices associated with food production, but they also make these knowledge and practice elements publicly available. In fact – contrary to other intellectual property rights – GOs allow for collective ownership. They are also associated both to cultural practices and geographic sites, thus supporting the values built on traditional knowledge. As a consequence, the legal recognition of GIs and GOs can provide an institutional tool for fostering knowledge-based products. In addition, the relevance of GOs for protecting traditional knowledge can be observed not only in advanced economies but also in developing countries. Starting from these considerations, the paper looks at the use of geographical indications and designations of origin for agricultural products and foodstuffs in an attempt to determine whether they are an effective instruments of community governance. The article analyzes concrete examples to illustrate how this particular intellectual property regime on “collective rights” can be used to protect traditional knowledge or to prevent its misappropriation. In particular, the investigation focuses on how knowledge embedded in geographical indicators may provide and enhance shared knowledge assets.

    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.

  • 22.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Governing Control Over Human Genetic Resources: Promises and Risks2013In: The European Journal of Risk Regulation, ISSN 1867-299X, Vol. 4, no 2, p. 254-260Article in journal (Refereed)
    Abstract [en]

    The purpose of the paper is to discuss how to regulatethe access to and use of biochemical and humangenetic material currently considered as part of themarket framework. Looking beyond the protection oftraditional public goods (such as land or water), thepaper emphasizes the debate around the progressivecommodification of human genetic resources facilitatedby an improper use of intellectual property rights.The discourse around commons is used to evaluatealternative tools and strategies to the issue of privateappropriation of human genetic resources and naturalcompounds.

  • 23.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Governing the global access to scarse resources: Lessons from case studies in the biological domain2013Conference paper (Refereed)
    Abstract [en]

    The purpose of the paper is to discuss how to regulate the access and use to biochemical and human genetic material currently considered as part of market framework. Looking beyond the protection of traditional public goods (such as land or water), the paper emphasizes the global debate around the progressive commodification of human genetic resources facilitated by an improper use of intellectual property rights. The discourse around commons is used to evaluate alternative tools and strategies to the issue of private appropriation of human genetic resources and natural compounds. Private property rights have traditionally been viewed as the most appropriate institutional scheme to manage and exchange essential or limited goods, balancing the so called “tragedy of the commons”. But there is also an increasing trend to see the imposition of private property regimes as an unreasonable tool used to exclude many others from an equal access to resources essential to the satisfaction of basic human rights.

    Starting from these considerations, the paper illustrates the progressive development of the new forms of enclosure in the realm of the “intangible commons of the mind,” through several waves of expansion of intellectual property rights in the area of genetic materials and other similar intangibles goods. It then discusses how such proliferation of new enclosures is proportional to reduction of genetic materials in the public realm and can lead to a consequent decrease of the public domain, of new innovation and also of access to health care.

    Drawing upon comparative and case study material, the paper seeks to investigate alternative governance solutions exploring a number of issues that stand at the intersection of comparative law, biotechnology and individual or group’s fundamental rights and freedoms.

  • 24.
    Lucchi, Nicola
    University of Ferrara, Italy.
    I contenuti digitali: tecnologie, diritti e liberta'2010Book (Refereed)
    Abstract [en]

    The content industry is facing a second "Gutenberg revolution". The growing development of modern technology has produced new legal issues. To meet the new forms of consumer demand in an environment reshaped by new technologies, information and knowledge are reinventing themselves and their business models. The analysis in this volume tends to focus on the cardinal principle of remuneration for creative work trying to understand whether the new forms of content distribution will bring new opportunities, or less freedom.

  • 25.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Il dibattito transatlantico sulla tutela delle indicazioni geografiche e delle denominazioni di origine2008In: Rivista di Diritto Agrario, ISSN 0391-8696, Vol. 86, p. 49-76Article in journal (Refereed)
    Abstract [it]

    Il lavoro considera come, in un periodo in cui i processi di globalizzazione coinvolgono non solo l’economia, ma anche le produzioni, i mercati ed i consumatori, sia diventato sempre più importante garantire, anche a livello internazionale, il valore dei prodotti, specialmente quelli le cui caratteristiche sono legate al territorio di produzione espresso nelle indicazioni geografiche. L'articolo offre una disamina delle profonde divergenze in materia, non solo giuridiche, ma anche storiche, sociali ed economiche, tra paesi del «vecchio mondo» e paesi del «nuovo mondo». Mentre l’UE, in seno ai negoziati dell’OMC ed insieme ad altri paesi, sostiene, anche attraverso proposte specifiche, un rafforzamento della protezione delle IG, altre nazioni, tra cui gli Stati Uniti, si oppongono a modifiche in senso restrittivo. L’articolo analizza altresì il nuovo assetto comunitario di protezione introdotto dal regolamento 510/2006/CE, adottato come conseguenza della decisione presa nell’ambito dell’OMC in seguito all’apertura di un contenzioso promosso da Australia e Stati Uniti d’America.

  • 26.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Incontri di biodiritto 2016 - Book Presentation: "The Impact of Science and Technology on the Rights of the Individual" - University of Trento, Dipartimento di Giurisprudenza - Trento, Italy - 28 November 20162016Other (Other (popular science, discussion, etc.))
  • 27.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Information, Access and Human Rights2013Conference paper (Refereed)
    Abstract [en]

    Internet challenges the traditional notion of pluralism. The term “media pluralism” has been developed in a media environment that was characterized by the scarcity of the resources of the broadcasting market. Nowadays the media sector is experiencing radical transformations: scarcity is not an issue anymore; access to the Web is usually affordable and allows users/citizens to reach a world-wide audience; new intermediaries that are operating in the market give users more opportunities to express themselves. Nonetheless the impact of these changes still needs to be carefully assessed: media pluralism in the Internet should be addressed considering important issues such as access and content regulation, market dominance and concentration, filtering and gatekeeping.

  • 28.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Intellectual Property Rights in Digital Media2010In: The Political Economy of Intellectual Property Rights / [ed] Christopher May, Edward Elgar Publishing, 2010, p. 30-110Chapter in book (Refereed)
    Abstract [en]

    The book chapter describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital contents.

  • 29.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Intellectual property rights in digital media: a comparative analysis of legal protection, technological measures and new business model2005In: Buffalo law review, ISSN 0023-9356, Vol. 54, no 4, p. 1111-1191Article in journal (Refereed)
    Abstract [en]

    The article discusses how the production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old technology and policy makers have found two different solutions and remedies for intellectual property rights: legal and technological. When both remedies work together any rights that a consumer may have under copyright law could be replaced by a unilaterally defined contractual term and condition. To balance this inequity this article analyses different solutions under U.S. and E.U. law, with particular attention paid to the relationship between contract law and copyright law. Ultimately the article suggests seeing technological protection measures as a souped-up standard form contract, and demonstrates how some business models are able to solve the problem of safe diffusion of digital media.

  • 30.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Internet Content Governance & Human Rights2013Conference paper (Refereed)
    Abstract [en]

    The Internet has become an essential tool for various life-related purposes, and it is an instrument necessary for the proper enjoyment of a series of rights—including the right to access knowledge and information and the right to communicate.  This new paradigm also implies that all people should have access to the Internet at affordable conditions, and any restrictions should be strictly limited and proportionate.  As a consequence, any regulatory and policy measures that affect the Internet and the content that flows over it should be consistent with basic rights and liberties of human beings.  This Article [A1] intends to explore the challenges and opportunities for  freedom of speech and human rights on the Internet. In particular, it examines how Internet content governance is posing provocative and fascinating regulatory issues directly related to the growing possibilities offered by computer-mediated communication. This debate is not simply “technical”, but also political, legal and social since it involves sustainable and value-oriented solutions, but also - more importantly - the awareness of the human rights dimension of Internet Governance.  The possible answers to these issues are at the center of the ongoing discussion concerning the regulation of digital content and communication technologies.  Finally, drawing upon comparative and case study material, this Article analyses the functional relationship between modern communication technologies, legislative reforms in the area of digital communications, and constitutional freedoms.

  • 31.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Internet content governance and human rights2014In: Vanderbilt Journal of Entertainment and Technology Law, ISSN 1942-6771, Vol. 16, no 4, p. 809-856Article in journal (Refereed)
    Abstract [en]

    The Internet has become an essential tool for various life-related purposes, and it is an instrument necessary for the proper enjoyment of a series of rights—including the right to access knowledge and information and the right to communicate. This new paradigm also implies that all people should have access to the Internet at affordable conditions, and any restrictions should be strictly limited and proportionate. As a consequence, any regulatory and policy measures that affect the Internet and the content that flows over it should be consistent with basic rights and liberties of human beings. This Article intends to explore the challenges and opportunities for freedom of speech and human rights on the Internet. In particular, it examines how Internet content governance is posing provocative and fascinating regulatory issues directly related to the growing possibilities offered by computer-mediated communication. This debate is not simply “technical,” but also political, legal, and social since it involves sustainable and value-oriented solutions, but also—more importantly—the awareness of the human-rights dimension of Internet governance. The possible answers to these issues are at the center of the ongoing discussion concerning the regulation of digital content and communication technologies. Finally, drawing upon comparative and case-study material, this Article analyses the functional relationship between modern communication technologies, legislative reforms in the area of digital communications, and constitutional freedoms.

  • 32.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Internet e Diritto Costituzionale - Università Commerciale Luigi Bocconi2016Conference paper (Other academic)
    Abstract [en]

    The conference analyses emerging constitutional principles addressing the regulation of the internet at both the national and transnational level. These principles derive from cases involving the protection of fundamental rights. Considering this framework the discussion explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation.

  • 33.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Internet, Manifestazione del Pensiero e Responsabilità Editoriale.2011In: Quaderni Costituzionali, ISSN 0392-6664, Vol. 31, no 2, p. 415-419Article in journal (Refereed)
    Abstract [it]

    L'articolo affronta il tema trattato nella sentenza n. 35511 del 16 luglio 2010 della Suprema Corte di Cassazione in materia di responsabilità del direttore di una testata telematica e dell'esclusione delll’applicazione dell’art. 57 del codice penale (rubricato “Reati commessi col mezzo della stampa periodica”).

  • 34.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Commercial and Tax Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Internet-based Communication: rights, risks and opportunities2015In: European Journal of Risk Regulation, ISSN 1867-299X, E-ISSN 2190-8249, no 1, p. 121-128Article in journal (Refereed)
    Abstract [en]

    The aim of this paper is to recognize and discuss the inherent risks associated with Internet regulation and control over digital content. The key point of this analysis is that Internet content regulation can present human rights risks. In particular, the paper examines how restrictions over Internet content are posing regulatory issues directly related to the growing importance of an equitable access to digital information. It also considers the relevance and impact of computer-mediated communication, its potential on democratization of freedom of expression and the problem of conflicting rights. Drawing upon comparative and case study material, the paper finally discusses and investigates the potential risks and vulnerabilities related to communication technologies focusing on legislative reforms in the area of digital communications and their implications for fundamental freedoms.

  • 35.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    IP Protection in scientific and technological innovations: The Conundrum of Competing Rights2017Conference paper (Other academic)
    Abstract [en]

    The paper examines some relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, the it  illustrated a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with intellectual property and individual rights. The papers 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.

  • 36.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Is genetic information a commons ?2013Conference paper (Other academic)
    Abstract [en]

    The workshop explores stewardship and liability regime as an alternative to proprietary solutions for ownership over biodiversity and genetic resources. The institutional and legal dimension for managing biodiversity is fundamental, as it provides incentives for actors to engage and respect environmental friendly initiatives and regulations, and defines the framework where enforcement and compliance ensures an improvement of biodiversity indicators and enhances research. We focus on existing frameworks for the management of genetic resources and seeks alternatives to the strong proprietary regimes and monetization of biodiversity and genetic resources emerged with the Convention on Biological Diversity. It analyses self-regulatory conservation frameworks and exchange regimes shaped as commons, whose concept has been applied to a wide range of tangible research resources in the life sciences, such as pooled genetic resources, to intangible information goods that are pooled and distributed through digital networks, and to natural resources.

  • 37.
    Lucchi, Nicola
    University of Ferrara, Italy.
    Issues and Rights in DNA-based Inventions2012In: Biotech Innovations and Fundamental Rights / [ed] Roberto Bin, Sara Lorenzon, Nicola Lucchi, Milan: Springer Milan, 2012, p. 97-112Chapter in book (Refereed)
    Abstract [en]

    The book chapter discusses how the legal system has reacted to the new challenge posed by modern biotechnology. In particular it examines some emerging global issues that result from the patenting of biotech inventions with a specific emphasis on the effects of Expressed Sequence Tags (ESTs) patents and their potential to interfere with fundamental individual rights and civil liberties.

  • 38.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    La tutela brevettuale del patrimonio genetico tra scienze mediche e diritti della persona2013In: Rivista di Diritto Pubblico Comparato ed Europeo, ISSN 1720-4313, Vol. 1, p. 215-233Article in journal (Other academic)
    Abstract [en]

    The paper seeks to provide a detailed analysis of current patent strategies for companies involved in personalized medicine and the potential consequences for individuals’ rights protection. It thus outlines the legal, ethical and moral issues generated by the indiscriminate issuing of patents on human DNA sequences addressing the potential implications of diagnostic gene patents for access to health care. In particular the manuscript analyses current international court cases on gene and method patents and their significance for the future of personalized medicine, diagnostics methods and access to patented medicine. The paper concludes with a brief analysis of policy considerations for whole genome sequencing and suggestions for a more balanced set of rules that support public interest values.

  • 39.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Le intersezioni tra tecnica e diritti nella prospettiva della società dell’informazione2014In: Studi in Onore di Luigi Costato, Vol. III, I Multiformi Profili del Pensiero Giuridico, Napoli: Jovene , 2014, p. 333-344Chapter in book (Refereed)
    Abstract [it]

    Le tecnologie digitali hanno favorito l’emergere di nuove 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 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.

  • 40.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Le regole della comunicazione e dell’informazione nell’era di internet2010In: Giornale di Diritto Amministrativo, ISSN 1591-559X, Vol. 16, p. 858-867Article in journal (Refereed)
    Abstract [it]

    Il primo gennaio 2010, dopo un tormentato iter, è entrata in vigore la legge francese comunemente cono-sciuta come legge Hadopi 2. Il testo promulgato è il risultato dell’intervento correttivo svolto dal Conseil con-stitutionnel che, con la decisione n. 2009-580 DC del 10 giugno 2009, ha esaminato il meccanismo sanzio-natorio introdotto dal provvedimento normativo valutandone il rispetto di diritti e libertà fondamentali, quali la presunzione di innocenza, la separazione dei poteri, il diritto di difesa, il diritto ad un equo processo, il ri-spetto del principio del contraddittorio, nonché il necessario compromesso tra diritto d’autore e libertà di espressione e comunicazione.

  • 41.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law. Jönköping University, Jönköping International Business School, JIBS, Commercial and Tax Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Media Freedom and Pluralism in the Digital Infrastructure2017In: The Right of Access to Information and the Right to Privacy: A Democratic Balancing Act / [ed] Patricia Jonason & Anna Rosengren, Huddinge: Södertörns högskola , 2017, p. 151-160Chapter in book (Other academic)
    Abstract [en]

    The paper considers the global impacts of digital communication technologies and how they can influence media pluralism and media freedom as well as the ways in which legal systems aim to support and protect them within the context of ongoing technological developments. In particular, it suggests that although new media may potentially help pluralism, there are also significant challenges to achieving effective freedom and pluralism through new media. The paper concludes by proposing recommendations on how the current legislation could be used, adapted or modified in order to encourage media freedom and pluralism also in the digital context. 

  • 42.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Patent Litigation in the Biosciences: Reconsidering Ownership of Genetic Information after Brüstle and Myriad2015In: Lifting Barriers and Empowering the Future of Information Law and Ethics / [ed] Bottis M., Alexandropoulou-Agyptiadou T. & Iglezakis I., Thessaloniki: University of Macedonia Press , 2015, p. 431-445Chapter in book (Refereed)
    Abstract [en]

    Human genetic resources are increasingly considered as ordinary commercial goods, but their value and utility go beyond the simple and immediate private profit. In contrast to other biological resources, commercial use does not focus upon the material itself but rather upon the genetic information it contains. Information goods are then usually subject to intellectual property rights, but in the biological and life science domains, property rights can have a negative influence upon the proper allocation of several goods, including genetic material or goods that are related to it. This scenario reflects the facts of recent litigations in the United States and Europe. In particular, these lawsuits have revived the debate over private ownership and control over genes.

    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.

  • 43.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Privative intellettuali, risorse genetiche e diritti della persona2014In: Il biodiritto e i suoi confini: definizioni, dialoghi, interazioni / [ed] Carlo Casonato, Lucia Busatta, Simone Penasa, Cinzia Piciocchi e Marta Tomasi, Trento: Universita degli studi di Trento , 2014, p. 307-330Chapter in book (Refereed)
    Abstract [en]

    The debateconcerningintellectual property rightsongenetic materialhas intensifiedin recent years. In addition, there is an increasing trend to grant patents covering DNA molecules with naturally occurring gene sequences. These circumstances were favorable to the rise of disputes and controversies related to the promises of human genomics especially those relating to the development of new therapies and new drugs. The article illustrates the specificity of biotech innovations and gives the qualifications to target a better balance between interests and rights involved. In particular, it explores the potential for an equitable and sustainable development of genetic resources through biotechnology.

  • 44.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Property Rights in the Digital Sphere2016In: Handbuch Soziale Praktiken und digitale Alltagswelten / [ed] Heidrun Friese, Gala Rebane, Marcus Nolden und Miriam Schreiter, Berlin/Heidelberg: Springer, 2016Chapter in book (Refereed)
    Abstract [en]

    The chapter illustrates the difficulties in the regulation of information and content in the digital sphere offering a simple but complete overview of the legal instruments adopted in recent years around the world. In particular, it looks at these issues in the context of European and North American jurisdictions.

  • 45.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Proprietà intellettuale e diritto dei contratti nel particolarismo giuridico digitale2008In: Contratto e Impresa / Europa, ISSN 1127-2872, p. 230-265Article in journal (Refereed)
  • 46.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Regulation and Control of Communication: The French Online Copyright Infringement Law (HADOPI)2011In: Cardozo Journal of International and Comparative Law, Vol. 19, no 3, p. 645-678Article in journal (Other academic)
    Abstract [en]

    In January 2010 after a troubled process, the French law for creation and Internet, commonly known as Hadopi 2, was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel (France's highest constitutional authority), through Decision No. 2009-580 DC of the 10th of June 2009. The Conseil examined the mechanism of sanctions introduced by the regulatory measure assessing the compliance with fundamental rights and freedoms, such as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, the respect of the right to be heard and the necessary compromise between copyright and freedom of expression and communication.

  • 47.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Reshaping the boundary of freedom of expression in the Digital Age: Internet and Media Pluralism2018Conference paper (Other academic)
    Abstract [en]

    The Internet has arguably become the most crucial infrastructure in contemporary society, yet its governance remains somewhat obscure. Governments, companies, engineers, activists and researchers come together to develop principles, norms, rules, procedures, and programmes that shape the evolution and operation of the Internet. What does this Internet governance mean for human rights, for example, in relation to privacy, online freedoms and various accessibility-related issues? This conference brings leading scholars and practitioners to the University of Gothenburg to share their knowledge and debate the issues.

  • 48.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Scientific Developments and Regulation of Human Genetic Information2014Conference paper (Refereed)
    Abstract [en]

    Genetic tests, personalized medicine and the use of information from genetic investigations to predict future health risks are a relatively new phenomena. However, these new practices have given rise to an increasing number of regulations, guidelines, policies and laws. These include medical ethics, standards for conducting medical research, and laws relating to privacy, discrimination and the possible uses of genetic information. While most of these existing regulatory instruments were not developed specifically to deal with genetic information, in many cases they are broad and adaptable enough to cover also such information. As a consequence, the private property regimes is generally applied also to genetic materials.Considering this multifaceted scenario, the paper attempts to discuss alternative models for governing essential, scarce resources like genetic resources. Looking beyond the enclosure of traditional public goods (such as land or water), the paper emphasizes the debate around the progressive commodification of genetic resources and associated genetic information operated by means of intellectual property rights or other forms of management of knowledge. The discourse around commons is here used to evaluate alternative tools and strategies to the issue of private appropriation of human genetic resources and natural compounds.

  • 49.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Tecnologie dell'Informazione e Comunicazione2012In: Manuale di informatica giuridica e diritto delle nuove tecnologie / [ed] Massimo Durante and Ugo Pagallo, Torino: UTET, 2012, p. 3-18Chapter in book (Refereed)
    Abstract [en]

    The book chapter addresses some of the key legal and policy concerns that emerged from the so called “digital dilemma” generated by the combination of Internet and digital technology.

  • 50.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    The "commons side" of Geographical Indications: protecting knowledge, know-how and the cultural component of agricultural and non-agricultural production2016Conference paper (Refereed)
    Abstract [en]

    Many studies suggest that geographical indications (GIs) and designations of origin (DOs) can contribute to the preservation and transfer of traditional knowledge and know-how. In particular, GIs and DOs have been identified as a potential tool to enhance local control over resources and promote the conservation of natural and cultural values. GIs and DOs do not only protect practices associated with food production, but they also make these knowledge and practice elements publicly available. In fact – contrary to other intellectual property rights – GOs allow for collective ownership. They are also associated both to cultural practices and geographic sites, thus supporting the values built on traditional knowledge. As a consequence, the legal recognition of GIs and GOs can provide an institutional tool for fostering knowledge-based products. In addition, the relevance of GOs for protecting traditional knowledge can be observed not only in advanced economies but also in developing countries. Starting from these considerations, the paper looks at the use of geographical indications and designations of origin for agricultural products and foodstuffs in an attempt to determine whether they are an effective instruments of community governance. The article analyzes concrete examples to illustrate how this particular intellectual property regime on “collective rights” can be used to protect traditional knowledge or to prevent its misappropriation. In particular, the investigation focuses on how knowledge embedded in geographical indicators may provide and enhance shared knowledge assets.

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