Mladen Vukmir | Georg-August-Universität Göttingen (original) (raw)

Papers by Mladen Vukmir

Daten Information Recht Festschrift für Andreas Wiebe zum 65. Geburtstag, 2024

Three hundred years after Western societies started using the notion of intellectual property in ... more Three hundred years after Western societies started using the notion of intellectual property in the modern sense, the IP system’s architecture and the role of law itself are changing upon accelerated modifications of quantum, structure, and information processing possibilities of knowledge-based societies. The attempted changes of the copyright and industrial property laws, or lack thereof, that constitute our response to these challenges are overdue because of the overwhelming process of digitaliza- tion of material reality and global networking of previously disparate knowledge quanta. Here, we aim to question the entrenched doctrinaire misconceptions in IP law and lead to conjectures on possible trends in IP law and its role in digitalized societies. The conclusions suggest an uninterrupted but shifted and morphed posi- tion of the large segments of IP law, the appearance of various parallel and simul- taneous forms of creativity protection, and the increased role of automatized tech- nology-based protection. Reconceptualization of the IP system and merger of IP with other fields of the legal system protecting freedom of expression and personality might emerge. Beyond the scope of this paper remains the overarching conclusion that the role of law will shift in future societies.

Ius.info, 2017

Ubrzano postizanje pravde kakvo je moguće u medijaciji naprosto nije moguće u sudskom postupku, t... more Ubrzano postizanje pravde kakvo je moguće u medijaciji naprosto nije moguće u sudskom postupku, tako da su i najveći kritičari medijacije postupno prihvatili ne samo da se pravda postiže mnogo češće sporazumom stranaka, nego da je to istovremeno moguće postići i mnogo brže nego korištenjem pozicijskih metoda rješavanja sporova. Stoga se danas smatra da uvođenje medijacije, pa tako i obvezne medijacije, ne samo da ne narušava načelo pristupa pravdi, nego ga značajno ojačava i ubrzava. Razni autori proučavali su ovo pitanje, a recentni radovi uglavnom zaključuju da je argument koji opisuje obveznu medijaciju kao prepreku pristupu pravdi neutemeljen.

ECTA Bulletin, 2020

This article attempts to peek into the future of the legal and IP professions in light of the tre... more This article attempts to peek into the future of the legal and IP professions in light of the tremendous and unprecedented level of change in the societies that have so far relied on the legal systems for their governance.

The Trademark Lawyer Magazine, 2020

This short article looks into the future of the legal and IP professions from the intellectual pr... more This short article looks into the future of the legal and IP professions from the intellectual property perspective, written for the ECTA 40th Anniversary Bulletin and anticipated here by the Trademark Lawyer Magazine.

The Global IP Matrix Magazine, 2020

An article lays out reasons indicating why the Paris and Berne Conventions, the backbone of IP sy... more An article lays out reasons indicating why the Paris and Berne Conventions, the backbone of IP systems for the last century and a half, are no anymore adequate for the needs of modern creativity. Did the time arrive for these successful multilateral instruments to be upgraded?

Environmental Pollution Coal and oil contain chemicals and particles detrimental to health and en... more Environmental Pollution Coal and oil contain chemicals and particles detrimental to health and environment. We emit carbon, nitrogen oxides, aromatics, benzene and sulfur in large quantities. Oil spills and air emissions have serious and long-term toxic effects. Fossil energy has many hidden costs. When costs of damaged eco system services, environmental damage and climate change are included in the overall accounts; fossil fuels are no longer profitable. According to the International Monetary Fund (IMF) energy subsidies paired with the negative impacts of fossil fuel consumption total $2 trillion annually. These subsidies are not only hurting the environment, they’re also stunting economic growth and spurring inequality (Clements et al, 2013)

World Patent Information, 1992

An act for the protection of industrial property has been passed in Croatia. It is based on the f... more An act for the protection of industrial property has been passed in Croatia. It is based on the former Yugoslavian law and the author discusses the differences between the two.

World Patent Information, 1992

Croatia, on becoming an independent state, is faced with great problems in setting up an intellec... more Croatia, on becoming an independent state, is faced with great problems in setting up an intellectual property organization. These are outlined and the existing centres which will probably form the nucleus of the new organization are described.

RIThink Multidisciplinary Online Journal, Vol. 1 2012, pp 25-27, 2012

In modern societies the role of law is changing upon accelerated modifications of quantum, struct... more In modern societies the role of law is changing upon accelerated modifications of quantum, structure and information processing possibilities of knowledge. The functions of copyright law and industrial property law are also experiencing historical challenges, and the changes with which it responds are especially due to digitalization of reality and global networking of previously disparate knowledge quanta. The objective of this write-up is to make accessible the conclusions of a much larger work that attempts delineate the constants and discontinuities in the legal protection of creativity through semiotic analysis of legal language by confronting them to the colloquially used concepts throughout the history
(http://www.scribd.com/doc/62077636/Abundance-of-Sources). That article explores principally those terms used throughout the past to designate different types of copies and originals and comparison between art history and legal language. Analysis of historical aspects leads also to conclusions on possible trends in copyright law and its role in digitalized societies. In short, these conclusions suggest an
uninterrupted but shifted position of the role of copyright law
and, at the same time, the appearance of a variety of parallel and simultaneous forms of copyright protection and increased role of automatized technology based protection of usage monitoring and royalties collection. Finally, those conclusions lead to an unexpected and inescapable overarching conclusion that the role of law itself will shift in the future societies.

Zbornik Hrvatskog društva za autorsko pravo, 12 (2011); pp. 71-152., Nov 25, 2011

In modern societies the role of law is changing upon accelerated modifications of quantum, knowle... more In modern societies the role of law is changing upon accelerated modifications of quantum, knowledge structure and information processing possibilities. The functions of copyright law and industrial property law are also experiencing historical changes, especially due to digitalization and global networking. The objective of this work is to delineate the constants and discontinuities in the legal protection of creativity through semiotic analysis of language, principally the one used throughout the past to designate different types of copies and originals and comparison between art history and legal language. Analysis of historical aspects leads also to conclusions on possible trends in copyright law and its role in digitalized societies. In short, these conclusions suggest an uninterrupted but shifted position of the role of copyright law and, at the same time, the appearance of a variety of parallel and simultaneous forms of copyright protection and increased role of automatized technology based protection of usage monitoring and royalties collection.

Key words: copyright, law, creativity, intellectual property, language, digitalization, Internet, copy, original, DRM, technical means of protection

This paper explores two assumptions on intellectual property right. The first assumption claims t... more This paper explores two assumptions on intellectual property right. The first assumption claims that the development of copyright law is essentially determined by features of the technology used by the author to create copyright works. In other words, copyright law doctrines and laws are shaped and created in response to types of copyright works created through use of certain technologies, and to relations arising from the use of such works. This is easily shown by historical analysis from which it is evident that the development of creation is followed by the development of copyright. The latter one always legs behind with legal solutions to precisely that extent to which it is necessary for the social relations to be shaped and created by the use of copyright works that are made using certain technologies in the process of creation.
The second assumption is a bit more complicated to prove, because it claims that, due to its characteristics, intellectual property right is insufficiently explored in its essence. Although this paper does not dwell on argumentation why the existing doctrinal dichotomy between copyright and related rights on the one hand, and industrial property rights on the other, cannot actually be sustained, because of the need to consider the intellectual property as a single branch of law, the paper still addresses certain ontological issues of the subject of intellectual property right protection in order to better illustrate the arguments for the first claim. If the view that intellectual property right is significantly determined by the basic characteristic of its subject of protection is accepted, numerous further questions arise on the present role of intellectual property right in modern societies. If we identify the basic characteristic of the subject of intellectual property right protection as non-material nature of the subject of protection itself, then we get a clearer view of intellectual property as a branch of law extending its protection to non-material objects, unlike the traditional property right protection. These non-material objects were simply not perceived as protectable before a certain level of development of civilization has been reached and certain copying technologies have been developed.

Zbornik Hrvatskog društva za autorsko pravo, 2 (2001); str. 9-39., Nov 2001

Unedited English translation is now available upon request! Once the translation will be edited I... more Unedited English translation is now available upon request! Once the translation will be edited I will post it together with the original version published in Croatian.

Influence of Technological Development on Copyright and Legal Nature of the Subject of Intellectual Property Protection

This article explores two assumptions on intellectual property right. The first assumption claims that the development of copyright law is essentially determined by features of the technology used by the author to create works of art. In other words, copyright law doctrines and laws are shaped and created in response to types of works of art created through use of certain technologies, and to relations arising from the use of such works. This is easily shown by historical analysis from which it is evident that the development of creation is followed by the development of copyright. The latter one always legs behind with legal solutions to precisely that extent to which it is necessary for the social relations to be shaped and created by the use of works of art that are made using certain technologies in the process of creation.

The second assumption is a bit more complicated to prove, because it claims that, due to its characteristics, intellectual property right is insufficiently explored in its essence. Although this article does not dwell on argumentation why the existing doctrinal dichotomy between copyright and related rights on the one hand, and industrial property rights on the other, cannot actually be sustained, because of the need to consider the intellectual property as a single branch of law, the article still addresses certain ontological issues of the subject of intellectual property right protection in order to better illustrate the arguments for the first claim.

If the view that intellectual property right is significantly determined by the basic characteristic of its subject of protection is accepted, numerous further questions arise on the present role of intellectual property right in modern societies. If we identify the basic characteristic of the subject of intellectual property right protection as non-material nature of the subject of protection itself, then we get a clearer view of intellectual property as a branch of law extending its protection to non-material objects, unlike the traditional property right protection. These non-material objects were simply not perceived as protectable before a certain level of development of civilization has been reached and certain copying technologies have been developed.

Hence, if the increase of importance and the place of the intellectual property within legal system in particular and social systems in general in the last two centuries is evaluated as an actual and constant trend, and the reasons for such increase are assessed, a profound change in the perception of pre-modern, modern and post-modern societies’ own realities imposes itself as one of the answers. It means that during the last two centuries social systems have gradually become aware of the increased importance of the protection of non-material values embodied in the results of human creativity. This awareness has brought about the increase in the level of legal protection granted to the results of human creativity, as an answer to the increased awareness of economic value of use of such results. In other words, modern societies, and especially post-industrial societies, have begun to consider the values realized from the use of intellectual property as one of the foundations for creation of their social prosperity. This process has gradually led to paradigmatic social change in which modern post-industrial societies have been reorganized in such a manner that a huge share of industrial output is realized through use of non-material goods protected by intellectual property rights. Simultaneously, awareness has been arising that human creativity increases resources of further social expansion, and that the social expansion based on the increase of available resources opens further possibilities, deemed very important by the societies that accepted such a system.

The article argues that if we accept the above assumptions and if we wish to fully understand legal nature of intellectual property rights, we must again explore legal nature of intellectual property as a branch of law and its basic doctrines. It is pointed toward insufficient degree to which it the nature of intellectual property law is explored, to the lack of understanding of the legal nature of certain characteristic legal doctrines of intellectual property right, and particularly to the low level of understanding of the nature of the subject of protection itself. Although the author undertook such imitial explorations, the results are not laid out in this article. The article deals with superficial probing of the nature of the object of protection and suggest that, for the purposes of the basic examination, such nature be determined as a relatively novel term in physics. The article proposes that the object of the protection of the intellectual property right be determined as “information”, in line with the meaning given to this term by the mathematical theory of information. Being aware that linking natural and social sciences for the research purposes is utterly unusual, and even unacceptable in the traditional scientific sense, the author still believes that, due to the changes caused by the same paradigmatic shift which gave rise to the referenced increase of social importance of intellectual property, there comes the time for overcoming the entrenched dichotomies such as the one between natural and social sciences. The author points out that these lines of thought are encountered recently more and more often.

Finally, the article examines the strong recent currents in the fields of sciences, especially natural sciences, and is specculating on the possibility that the new scientific perceptions, such as the “theories of everything” and the emergence of the “new kinds of science” bring about radical rethinking of the existing legal concepts. One of the examples raised, is the possibility to research the scientific properties of the physical concept of “gravity” and the legal concept of “property” in order to gain new insights in the meaning of law.

The European Lawyer, 2004, 42, p. 87

When the lawyers move away from using the legal systems of adjudication, get the additional media... more When the lawyers move away from using the legal systems of adjudication, get the additional mediation training they usually turn into powerful doctors for disputes. They enable themselves to serve their societies in a role of truly distinguished individuals with a true authority based on the results and wisdom rather than to the belonging to an institutionalized order perceived as self serving clique of money obsessed, unscrupulous hypocrites.

This paper examines some of the practical issues arising in the field of mediation, with the intr... more This paper examines some of the practical issues arising in the field of mediation, with the introduction focused on the recent developments in Croatia. Some of the most common issues and obstacles professional mediators encounter within their work are enumerated and briefly addressed. Some problems are noted in relation to the fact that mediators often appear in dual roles, as lawyers, or judges while mediating. That leads to another issue that is fundamental for the mediation process, which is the question of impartiality and independence of a mediator. It is demonstrated in the article that impartiality and independence need to be analyzed in mediation somewhat different from the arbitration context, and especially that the different role of independence in mediation neatly demonstrates the difference between these two ADR methods. Additional issues arise when evaluative approach is used and this and other variances are analyzed. Moreover, the paper deals with problems such as conflict of interest and ethical discrepancies related to the mediation profession when performed by the members of the Bar or the Bench, and possible solutions to overcome those risks are considered, especially in light of the invoicing procedures for mediation. Possible difficulties, such as unfavorable taxation can affect especially mediators who do not perform their activities exclusively. The author emphasizes the open issues discussed in the paper and indicates the areas likely to face further developments. This paper invites the members of mediation and legal professions to an open discussion in hope that it will serve to the benefit of both, the mediation community and mediation users

Zbornik Hrvatskog društva za autorsko pravo, 8 (2007); str. 95-107., Nov 2007

U tekstu se prikazuju neki od novih modela korištenja glazbenih i audiovi¬zualnih djela u digital... more U tekstu se prikazuju neki od novih modela korištenja glazbenih i audiovi¬zualnih djela u digitalnom okružju. Opisuju se promjene u industriji zabave koje je donio Internet, ovlaštene online trgovine, koje se koriste klasičnim načinom prodaje glazbenih i audiovizualnih djela, ali u digitaliziranom mrežnom kontekstu, načini online distribucije izvan formata formalne on¬line trgovine kao što su vlastita distribucija i online platforme te brojni ti¬povi nezavisnih web stranica. Ukazuje se i na primjere neovlaštene di-stribucije. U tom kontekstu prikazuje se kolektivno ostvarivanje smatrajući da ne izgleda više da je glavno pitanje hoće li se uloga organizacija za ko¬lektivno ostvarivanje promijeniti, nego u kojem smjeru će se uglavnom kretati.

Zbornik Hrvatskog društva za autorsko pravo, 7 (2006); str. 95-116., Nov 2006

Ovo izlaganje posvećeno je novim modelima iskorištavanja autorskog djela, koji se javljaju kao re... more Ovo izlaganje posvećeno je novim modelima iskorištavanja autorskog djela, koji se javljaju kao rezultat pritiska tehnologije reproduciranja, umrežavanja i komunikacije, ali i ideja o strogosti autorskopravne zaštite, koja djeluje na razvoj znanosti i kulture. Cilj izlaganja je predstaviti dva relativno nova modela iskorištavanja autorskog djela. Riječ je o General Public License (Opća javna licencija, poznatija kao GPL) i sustavu licencija koji se razvio u okviru pokreta Creative Commons. Za svaki od navedenih modela pokušat ćemo predočiti njihov sadržaj, koji ćemo ukratko i analizirati iz perspektive hrvatskog autorskopravnog uređenja. Isto tako, pokušat ćemo približiti i neka razmatranja o razlozima koji su uvjetovali nastanak ovih modela i njihov utjecaj na daljnji razvoj autorskog prava.

Zbornik Hrvatskog društva za autorsko pravo, 1 (2000); pp. 147-173., Nov 2000

IDEA, The Journal of Law and Technology, 1992, Vol 32, No 2, pp. 123-154, 1992

RIThink Multidisciplinary Online Journal, ISSN: 1848-5324, Oct 5, 2014

Man-made global warming likely will worsen already existing human tragedies of war, starvation, g... more Man-made global warming likely will worsen already existing human tragedies of war, starvation, glaring inequalities, poverty, flooding, prolonged droughts, erosion, extreme weather and disease (IPCC,2014). The problems with the fossil fuel age are grave. This article proposes certain actions on how to movve forward responsibly.

Daten Information Recht Festschrift für Andreas Wiebe zum 65. Geburtstag, 2024

Three hundred years after Western societies started using the notion of intellectual property in ... more Three hundred years after Western societies started using the notion of intellectual property in the modern sense, the IP system’s architecture and the role of law itself are changing upon accelerated modifications of quantum, structure, and information processing possibilities of knowledge-based societies. The attempted changes of the copyright and industrial property laws, or lack thereof, that constitute our response to these challenges are overdue because of the overwhelming process of digitaliza- tion of material reality and global networking of previously disparate knowledge quanta. Here, we aim to question the entrenched doctrinaire misconceptions in IP law and lead to conjectures on possible trends in IP law and its role in digitalized societies. The conclusions suggest an uninterrupted but shifted and morphed posi- tion of the large segments of IP law, the appearance of various parallel and simul- taneous forms of creativity protection, and the increased role of automatized tech- nology-based protection. Reconceptualization of the IP system and merger of IP with other fields of the legal system protecting freedom of expression and personality might emerge. Beyond the scope of this paper remains the overarching conclusion that the role of law will shift in future societies.

Ius.info, 2017

Ubrzano postizanje pravde kakvo je moguće u medijaciji naprosto nije moguće u sudskom postupku, t... more Ubrzano postizanje pravde kakvo je moguće u medijaciji naprosto nije moguće u sudskom postupku, tako da su i najveći kritičari medijacije postupno prihvatili ne samo da se pravda postiže mnogo češće sporazumom stranaka, nego da je to istovremeno moguće postići i mnogo brže nego korištenjem pozicijskih metoda rješavanja sporova. Stoga se danas smatra da uvođenje medijacije, pa tako i obvezne medijacije, ne samo da ne narušava načelo pristupa pravdi, nego ga značajno ojačava i ubrzava. Razni autori proučavali su ovo pitanje, a recentni radovi uglavnom zaključuju da je argument koji opisuje obveznu medijaciju kao prepreku pristupu pravdi neutemeljen.

ECTA Bulletin, 2020

This article attempts to peek into the future of the legal and IP professions in light of the tre... more This article attempts to peek into the future of the legal and IP professions in light of the tremendous and unprecedented level of change in the societies that have so far relied on the legal systems for their governance.

The Trademark Lawyer Magazine, 2020

This short article looks into the future of the legal and IP professions from the intellectual pr... more This short article looks into the future of the legal and IP professions from the intellectual property perspective, written for the ECTA 40th Anniversary Bulletin and anticipated here by the Trademark Lawyer Magazine.

The Global IP Matrix Magazine, 2020

An article lays out reasons indicating why the Paris and Berne Conventions, the backbone of IP sy... more An article lays out reasons indicating why the Paris and Berne Conventions, the backbone of IP systems for the last century and a half, are no anymore adequate for the needs of modern creativity. Did the time arrive for these successful multilateral instruments to be upgraded?

Environmental Pollution Coal and oil contain chemicals and particles detrimental to health and en... more Environmental Pollution Coal and oil contain chemicals and particles detrimental to health and environment. We emit carbon, nitrogen oxides, aromatics, benzene and sulfur in large quantities. Oil spills and air emissions have serious and long-term toxic effects. Fossil energy has many hidden costs. When costs of damaged eco system services, environmental damage and climate change are included in the overall accounts; fossil fuels are no longer profitable. According to the International Monetary Fund (IMF) energy subsidies paired with the negative impacts of fossil fuel consumption total $2 trillion annually. These subsidies are not only hurting the environment, they’re also stunting economic growth and spurring inequality (Clements et al, 2013)

World Patent Information, 1992

An act for the protection of industrial property has been passed in Croatia. It is based on the f... more An act for the protection of industrial property has been passed in Croatia. It is based on the former Yugoslavian law and the author discusses the differences between the two.

World Patent Information, 1992

Croatia, on becoming an independent state, is faced with great problems in setting up an intellec... more Croatia, on becoming an independent state, is faced with great problems in setting up an intellectual property organization. These are outlined and the existing centres which will probably form the nucleus of the new organization are described.

RIThink Multidisciplinary Online Journal, Vol. 1 2012, pp 25-27, 2012

In modern societies the role of law is changing upon accelerated modifications of quantum, struct... more In modern societies the role of law is changing upon accelerated modifications of quantum, structure and information processing possibilities of knowledge. The functions of copyright law and industrial property law are also experiencing historical challenges, and the changes with which it responds are especially due to digitalization of reality and global networking of previously disparate knowledge quanta. The objective of this write-up is to make accessible the conclusions of a much larger work that attempts delineate the constants and discontinuities in the legal protection of creativity through semiotic analysis of legal language by confronting them to the colloquially used concepts throughout the history
(http://www.scribd.com/doc/62077636/Abundance-of-Sources). That article explores principally those terms used throughout the past to designate different types of copies and originals and comparison between art history and legal language. Analysis of historical aspects leads also to conclusions on possible trends in copyright law and its role in digitalized societies. In short, these conclusions suggest an
uninterrupted but shifted position of the role of copyright law
and, at the same time, the appearance of a variety of parallel and simultaneous forms of copyright protection and increased role of automatized technology based protection of usage monitoring and royalties collection. Finally, those conclusions lead to an unexpected and inescapable overarching conclusion that the role of law itself will shift in the future societies.

Zbornik Hrvatskog društva za autorsko pravo, 12 (2011); pp. 71-152., Nov 25, 2011

In modern societies the role of law is changing upon accelerated modifications of quantum, knowle... more In modern societies the role of law is changing upon accelerated modifications of quantum, knowledge structure and information processing possibilities. The functions of copyright law and industrial property law are also experiencing historical changes, especially due to digitalization and global networking. The objective of this work is to delineate the constants and discontinuities in the legal protection of creativity through semiotic analysis of language, principally the one used throughout the past to designate different types of copies and originals and comparison between art history and legal language. Analysis of historical aspects leads also to conclusions on possible trends in copyright law and its role in digitalized societies. In short, these conclusions suggest an uninterrupted but shifted position of the role of copyright law and, at the same time, the appearance of a variety of parallel and simultaneous forms of copyright protection and increased role of automatized technology based protection of usage monitoring and royalties collection.

Key words: copyright, law, creativity, intellectual property, language, digitalization, Internet, copy, original, DRM, technical means of protection

This paper explores two assumptions on intellectual property right. The first assumption claims t... more This paper explores two assumptions on intellectual property right. The first assumption claims that the development of copyright law is essentially determined by features of the technology used by the author to create copyright works. In other words, copyright law doctrines and laws are shaped and created in response to types of copyright works created through use of certain technologies, and to relations arising from the use of such works. This is easily shown by historical analysis from which it is evident that the development of creation is followed by the development of copyright. The latter one always legs behind with legal solutions to precisely that extent to which it is necessary for the social relations to be shaped and created by the use of copyright works that are made using certain technologies in the process of creation.
The second assumption is a bit more complicated to prove, because it claims that, due to its characteristics, intellectual property right is insufficiently explored in its essence. Although this paper does not dwell on argumentation why the existing doctrinal dichotomy between copyright and related rights on the one hand, and industrial property rights on the other, cannot actually be sustained, because of the need to consider the intellectual property as a single branch of law, the paper still addresses certain ontological issues of the subject of intellectual property right protection in order to better illustrate the arguments for the first claim. If the view that intellectual property right is significantly determined by the basic characteristic of its subject of protection is accepted, numerous further questions arise on the present role of intellectual property right in modern societies. If we identify the basic characteristic of the subject of intellectual property right protection as non-material nature of the subject of protection itself, then we get a clearer view of intellectual property as a branch of law extending its protection to non-material objects, unlike the traditional property right protection. These non-material objects were simply not perceived as protectable before a certain level of development of civilization has been reached and certain copying technologies have been developed.

Zbornik Hrvatskog društva za autorsko pravo, 2 (2001); str. 9-39., Nov 2001

Unedited English translation is now available upon request! Once the translation will be edited I... more Unedited English translation is now available upon request! Once the translation will be edited I will post it together with the original version published in Croatian.

Influence of Technological Development on Copyright and Legal Nature of the Subject of Intellectual Property Protection

This article explores two assumptions on intellectual property right. The first assumption claims that the development of copyright law is essentially determined by features of the technology used by the author to create works of art. In other words, copyright law doctrines and laws are shaped and created in response to types of works of art created through use of certain technologies, and to relations arising from the use of such works. This is easily shown by historical analysis from which it is evident that the development of creation is followed by the development of copyright. The latter one always legs behind with legal solutions to precisely that extent to which it is necessary for the social relations to be shaped and created by the use of works of art that are made using certain technologies in the process of creation.

The second assumption is a bit more complicated to prove, because it claims that, due to its characteristics, intellectual property right is insufficiently explored in its essence. Although this article does not dwell on argumentation why the existing doctrinal dichotomy between copyright and related rights on the one hand, and industrial property rights on the other, cannot actually be sustained, because of the need to consider the intellectual property as a single branch of law, the article still addresses certain ontological issues of the subject of intellectual property right protection in order to better illustrate the arguments for the first claim.

If the view that intellectual property right is significantly determined by the basic characteristic of its subject of protection is accepted, numerous further questions arise on the present role of intellectual property right in modern societies. If we identify the basic characteristic of the subject of intellectual property right protection as non-material nature of the subject of protection itself, then we get a clearer view of intellectual property as a branch of law extending its protection to non-material objects, unlike the traditional property right protection. These non-material objects were simply not perceived as protectable before a certain level of development of civilization has been reached and certain copying technologies have been developed.

Hence, if the increase of importance and the place of the intellectual property within legal system in particular and social systems in general in the last two centuries is evaluated as an actual and constant trend, and the reasons for such increase are assessed, a profound change in the perception of pre-modern, modern and post-modern societies’ own realities imposes itself as one of the answers. It means that during the last two centuries social systems have gradually become aware of the increased importance of the protection of non-material values embodied in the results of human creativity. This awareness has brought about the increase in the level of legal protection granted to the results of human creativity, as an answer to the increased awareness of economic value of use of such results. In other words, modern societies, and especially post-industrial societies, have begun to consider the values realized from the use of intellectual property as one of the foundations for creation of their social prosperity. This process has gradually led to paradigmatic social change in which modern post-industrial societies have been reorganized in such a manner that a huge share of industrial output is realized through use of non-material goods protected by intellectual property rights. Simultaneously, awareness has been arising that human creativity increases resources of further social expansion, and that the social expansion based on the increase of available resources opens further possibilities, deemed very important by the societies that accepted such a system.

The article argues that if we accept the above assumptions and if we wish to fully understand legal nature of intellectual property rights, we must again explore legal nature of intellectual property as a branch of law and its basic doctrines. It is pointed toward insufficient degree to which it the nature of intellectual property law is explored, to the lack of understanding of the legal nature of certain characteristic legal doctrines of intellectual property right, and particularly to the low level of understanding of the nature of the subject of protection itself. Although the author undertook such imitial explorations, the results are not laid out in this article. The article deals with superficial probing of the nature of the object of protection and suggest that, for the purposes of the basic examination, such nature be determined as a relatively novel term in physics. The article proposes that the object of the protection of the intellectual property right be determined as “information”, in line with the meaning given to this term by the mathematical theory of information. Being aware that linking natural and social sciences for the research purposes is utterly unusual, and even unacceptable in the traditional scientific sense, the author still believes that, due to the changes caused by the same paradigmatic shift which gave rise to the referenced increase of social importance of intellectual property, there comes the time for overcoming the entrenched dichotomies such as the one between natural and social sciences. The author points out that these lines of thought are encountered recently more and more often.

Finally, the article examines the strong recent currents in the fields of sciences, especially natural sciences, and is specculating on the possibility that the new scientific perceptions, such as the “theories of everything” and the emergence of the “new kinds of science” bring about radical rethinking of the existing legal concepts. One of the examples raised, is the possibility to research the scientific properties of the physical concept of “gravity” and the legal concept of “property” in order to gain new insights in the meaning of law.

The European Lawyer, 2004, 42, p. 87

When the lawyers move away from using the legal systems of adjudication, get the additional media... more When the lawyers move away from using the legal systems of adjudication, get the additional mediation training they usually turn into powerful doctors for disputes. They enable themselves to serve their societies in a role of truly distinguished individuals with a true authority based on the results and wisdom rather than to the belonging to an institutionalized order perceived as self serving clique of money obsessed, unscrupulous hypocrites.

This paper examines some of the practical issues arising in the field of mediation, with the intr... more This paper examines some of the practical issues arising in the field of mediation, with the introduction focused on the recent developments in Croatia. Some of the most common issues and obstacles professional mediators encounter within their work are enumerated and briefly addressed. Some problems are noted in relation to the fact that mediators often appear in dual roles, as lawyers, or judges while mediating. That leads to another issue that is fundamental for the mediation process, which is the question of impartiality and independence of a mediator. It is demonstrated in the article that impartiality and independence need to be analyzed in mediation somewhat different from the arbitration context, and especially that the different role of independence in mediation neatly demonstrates the difference between these two ADR methods. Additional issues arise when evaluative approach is used and this and other variances are analyzed. Moreover, the paper deals with problems such as conflict of interest and ethical discrepancies related to the mediation profession when performed by the members of the Bar or the Bench, and possible solutions to overcome those risks are considered, especially in light of the invoicing procedures for mediation. Possible difficulties, such as unfavorable taxation can affect especially mediators who do not perform their activities exclusively. The author emphasizes the open issues discussed in the paper and indicates the areas likely to face further developments. This paper invites the members of mediation and legal professions to an open discussion in hope that it will serve to the benefit of both, the mediation community and mediation users

Zbornik Hrvatskog društva za autorsko pravo, 8 (2007); str. 95-107., Nov 2007

U tekstu se prikazuju neki od novih modela korištenja glazbenih i audiovi¬zualnih djela u digital... more U tekstu se prikazuju neki od novih modela korištenja glazbenih i audiovi¬zualnih djela u digitalnom okružju. Opisuju se promjene u industriji zabave koje je donio Internet, ovlaštene online trgovine, koje se koriste klasičnim načinom prodaje glazbenih i audiovizualnih djela, ali u digitaliziranom mrežnom kontekstu, načini online distribucije izvan formata formalne on¬line trgovine kao što su vlastita distribucija i online platforme te brojni ti¬povi nezavisnih web stranica. Ukazuje se i na primjere neovlaštene di-stribucije. U tom kontekstu prikazuje se kolektivno ostvarivanje smatrajući da ne izgleda više da je glavno pitanje hoće li se uloga organizacija za ko¬lektivno ostvarivanje promijeniti, nego u kojem smjeru će se uglavnom kretati.

Zbornik Hrvatskog društva za autorsko pravo, 7 (2006); str. 95-116., Nov 2006

Ovo izlaganje posvećeno je novim modelima iskorištavanja autorskog djela, koji se javljaju kao re... more Ovo izlaganje posvećeno je novim modelima iskorištavanja autorskog djela, koji se javljaju kao rezultat pritiska tehnologije reproduciranja, umrežavanja i komunikacije, ali i ideja o strogosti autorskopravne zaštite, koja djeluje na razvoj znanosti i kulture. Cilj izlaganja je predstaviti dva relativno nova modela iskorištavanja autorskog djela. Riječ je o General Public License (Opća javna licencija, poznatija kao GPL) i sustavu licencija koji se razvio u okviru pokreta Creative Commons. Za svaki od navedenih modela pokušat ćemo predočiti njihov sadržaj, koji ćemo ukratko i analizirati iz perspektive hrvatskog autorskopravnog uređenja. Isto tako, pokušat ćemo približiti i neka razmatranja o razlozima koji su uvjetovali nastanak ovih modela i njihov utjecaj na daljnji razvoj autorskog prava.

Zbornik Hrvatskog društva za autorsko pravo, 1 (2000); pp. 147-173., Nov 2000

IDEA, The Journal of Law and Technology, 1992, Vol 32, No 2, pp. 123-154, 1992

RIThink Multidisciplinary Online Journal, ISSN: 1848-5324, Oct 5, 2014

Man-made global warming likely will worsen already existing human tragedies of war, starvation, g... more Man-made global warming likely will worsen already existing human tragedies of war, starvation, glaring inequalities, poverty, flooding, prolonged droughts, erosion, extreme weather and disease (IPCC,2014). The problems with the fossil fuel age are grave. This article proposes certain actions on how to movve forward responsibly.

Three hundred years after Western societies started using the notion of intellectual property in ... more Three hundred years after Western societies started using the notion of intellectual property in the modern
sense, the IP system’s architecture and the role of law itself are changing upon accelerated modifications of
quantum, structure, and information processing possibilities of knowledge-based societies. The attempted
changes of the copyright and industrial property laws, or lack thereof, that constitute our response to these
challenges are overdue because of the overwhelming process of digitalization of material reality and global
networking of previously disparate knowledge quanta. Here, we aim to question the entrenched doctrinaire
misconceptions in IP law and lead to conjectures on possible trends in IP law and its role in digitalized
societies. The conclusions suggest an uninterrupted but shifted and morphed position of the large segments of
IP law, the appearance of various parallel and simultaneous forms of creativity protection, and the increased
role of automatized technology-based protection. Reconceptualization of the IP system and merger of IP with
other fields of the legal system protecting freedom of expression and personality might emerge. Beyond the
scope of this paper remains the overarching conclusion that the role of law will shift in future societies.

Zbornik hrvatskog društva za autorsko pravo, 12, PP 71-152, 2011

In modern societies the role of law is changing upon accelerated modifications of quantum, knowle... more In modern societies the role of law is changing upon accelerated modifications of quantum, knowledge structure and information processing possibilities. The functions of copyright law and industrial property law are also experiencing historical changes, especially due to digitalization and global networking. The objective of this work is to delineate the constants and discontinuities in the legal protection of creativity through semiotic analysis of language, principally the one used throughout the past to designate different types of copies and originals and comparison between art history and legal language. Analysis of historical aspects leads also to conclusions on possible trends in copyright law and its role in digitalized societies. In short, these conclusions suggest an uninterrupted but shifted position of the role of copyright law and, at the same time, the appearance of a variety of parallel and simultaneous forms of copyright protection and increased role of automatized technology based protection of usage monitoring and royalties collection.

IUS-INFO, 2017

Jedna od dilema koja se pojavljuje u mnogim zemljama koje su odlučile uvesti postupak medijacije ... more Jedna od dilema koja se pojavljuje u mnogim zemljama koje su odlučile uvesti postupak medijacije (mirenja) u svoj sustav rješavanja sporova jest u kojoj mjeri uvesti elemente obvezatnosti u postupak medijacije. Kada se prije par desetljeća inicijalno pojavila ova dilema, javio se i strah da bi se uvođenjem obvezne medijacije na neki način postavila prepreka strankama da ostvare pristup pravosuđu. Nisu se tada razmatrale mogućnosti uvođenja djelomične obvezatnosti pojedinih elemenata medijacije. Tradicionalno se smatralo da se uvođenjem obvezatne medijacije, kao uvjeta pokretanja parničnog postupka narušavaju istovremeno dva načela. Prvo načelo za koje se tvrdilo da ga može narušiti obvezna medijacija jest načelo prava pristupa sudu utjelovljeno u brojnim međunarodnim konvencijama.