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Mr Jonathan Griffiths, BA (Oxon) MA

Jonathan

Professor of Intellectual Property Law

Email: j.griffiths@qmul.ac.uk
Telephone: +44 (0)20 7882 8121
Room Number: Lincoln's Inn Fields

Profile

Jonathan Griffiths is Professor of Intellectual Property Law at Queen Mary University of London. He has degrees in English Literature and History and qualified as a solicitor before taking up positions at Nottingham Law School and Queen Mary.

His main research interests are in copyright and in the relationship between intellectual property law and fundamental rights and he has written widely in both of these areas. Recent work includes ‘Taking power tools to the acquis - The Court of Justice, the Charter of Fundamental Rights and EU copyright law’, forthcoming in C Geiger (ed) Intellectual Property & the Judiciary (Edward Elgar, to be published 2017), ‘The tobacco industry’s challenge to the United Kingdom’s standardised packaging legislation – global lessons for tobacco control policy’, forthcoming in a special number of the Queensland University of Technology Law Review (to be published, 2017),  ‘Fair dealing after Deckmyn – the United Kingdom’s defence for caricature, parody & pastiche’ in M Richardson & S Ricketson, Research Handbook on Intellectual Property in Media and Entertainment (Edward Elgar, 2017) 64 and 'On the Back of a Cigarette Packet: Standardised Packaging Legislation and the Tobacco Industry’s Fundamental Right to (Intellectual) Property' [2015] Intellectual Property Quarterly 343. He co-edited 'Concepts of Property in Intellectual Property', (CUP, 2013) (with HR Howe).

He is the editor of the “United Kingdom” chapter of the leading international treatise on "International Copyright Law & Practice" (ed Bently) and is a member of the editorial/advisory boards of the Journal of Media Law, the Media & Arts Law Review and the Nottingham Law Journal. Recently, he has recently given visiting lectures at the Universities of Oxford, Cambridge, Sheffield and Strasbourg (CEIPI) and at City University London and at Meiji and Waseda Universities in Tokyo.

He is interested in copyright policy and reform and has been consulted on copyright policy by a number of public bodies including the UK IPO, SABIP, the European Commission, the Dutch Ministry of Justice and the Japanese Cabinet Secretariat. He is a member of the European Copyright Society, a group of scholars founded with the aim of creating a platform for critical and independent scholarly thinking on European copyright law. The Society has published several widely-read policy proposals. See, for example, the Opinions on the Deckmyn judgment and on the reference to the CJEU in Svensson.

Undergraduate Teaching

  • LAW6033 Intellectual Property Law

Postgraduate Teaching

  • QLLM346 EU Copyright Law
  • QLLP049A UK, EU and US Copyright Law
  • IPLC008 Designs and Copyright Law.

Research

Jonathan Griffiths has recently completed a project on the constitutional implications of tobacco standardised packaging legislation. His article, "On the Back of a Cigarette Packet: Standardised Packaging Legislation and the Tobacco Industry’s Fundamental Right to (Intellectual) Property" was published in [2015] Intellectual Property Quarterly 343. In this piece, he demonstrates serious flaws in the tobacco industry’s claim that, in regulating the use of trade marks, such legislation violates the ECHR and the EU Charter. An analysis of the outcome of the industry’s application for judicial review of standardised packaging in the UK is to be published as “The tobacco industry’s challenge to the United Kingdom’s standardised packaging legislation – global lessons for tobacco control policy” in a special number of the Queensland University of Technology Law Review (forthcoming, 2017)

He is currently working on projects concerning (1) the Court of Justice’s role in developing European copyright law in line with the Charter of Fundamental Rights and (2) the development of the concept of goodwill in the law of passing off.

Publications

Many of Jonathan Griffiths' publications are available on SSRN.

  • ‘Fair dealing after Deckmyn – the United Kingdom’s defence for caricature, parody & pastiche’ in M Richardson & S Ricketson, Research Handbook on Intellectual Property in Media and Entertainment (Edward Elgar, 2017) 64-101
  • ‘Moral Right from a Copyright Perspective’ in Moral Rights in the 21st Centuryin F Brison et al (eds), (Larcier, 2015)
    • ‘Proposals from Berlin & Paris – intermediary liability in European copyright law’, [2016] Journal of IP, IT and eCommerce (JIPITEC) 70
    • ‘Exhaustion and the alteration of copyright works in EU copyright law(C-419/13) Art & Allposters International BV v Stichting Pictoright’ [2016] ERA Forum 1
    • ‘”On the back of a cigarette packet” – standardised packaging legislation and the tobacco industry’s fundamental right to (intellectual) property’ [2015] Intellectual Property Quarterly 343
    • ‘The European Copyright Society’s “Opinion on the Judgment of the CJEU in Case C-201/13 Deckmyn”’(with C Geiger et al) [2015] EIPR 129
  • 'Star Industrial Co Ltd v Yap Kwee Kor– the end of goodwill in the tort of passing off' in Landmark Cases in Property Law, S Douglas, R Hickey & E Waring eds (Hart Publishing, 2015)​
  • "Enforcement of Intellectual Property Rights and the Right to a Fair Trial", in C Geiger (ed), Research Handbook on Intellectual Property Law & Human Rights(Edward Elgar, 2015)
  • 'The United Kingdom' in International Copyright Law & Practice, eds Nimmer and Bently (LexisNexis, 2015)
  • 'The role of the Court of Justice in the development of European Union copyright law' in I Stamatoudi and P Torremans, Copyright Law in the European Union(Edward Elgar, 2014)
  • 'Pre-empting conflict – a re-examination of the public interest defence in United Kingdom copyright law', forthcoming [2014] Legal Studies
  • 'The United Kingdom's public interest 'defence' and European Union copyright law' in G Westkamp & N Lee (ed), Intellectual Property & Publicity Rights(Edward Elgar, 2014)
  • Concepts of Property in Intellectual Property Law, ed with HR Howe (CUP, 2013)
  • 'Dematerialisation, pragmatism and the European copyright revolution', [2013] Oxford Journal of Legal Studies.
  • 'Constitutionalising or harmonising – the Court of Justice, the right to property & European copyright law' [2013] European Law Review65
  • 'Fundamental rights & European IP law – the Case of Art 17(2)' in C Geiger (ed), Constructing European Intellectual Property(Edward Elgar, 2012) (with L McDonagh)
  • 'United Kingdom' in R Hilty (ed), The Balance of Copyright(Springer, 2012)
  • 'Criminal liability for intellectual property infringement in Europe' the impact of fundamental rights? in C Geiger (ed), Criminal Enforcement of Intellectual Property; a Blessing or a Curse?(Edward Elgar, 2012)
  • 'Infopaq, BSA and the 'Europeanisation' of United Kingdom Copyright Law' [2011] Media & Arts Law Review
  • "Rhetoric and the 'Three-Step Test': Copyright Reform in the United Kingdom" [2010] EIPR309
  • 'Unsticking the Centre-Piece' the Liberation of European Copyright Law' (2010) 2 Journal of Intellectual Property, Information Technology & e-Commerce Law, 87
  • 'Copyright's Imperfect Republic and the Artistic Commonwealth', in L Bently, J Davis & JC Ginsburg (eds) Copyright & Piracy: an Interdisciplinary Critique(Cambridge University Press, 2010)
  • 'Copyright and Image Rights' in Carter-Ruck on Libel and Slander(ed A Mullis) (LexisNexis, 2010)
  • The ''Three-Step Test'' in European Copyright Law: Problems and Solutions[2009] IPQ 428

PhD Supervision

Jonathan Griffiths has recently supervised Dr Shane Burke’s thesis on ‘Dematerialisation and Dissonance: Conceptual Art Practices, Art World Strategies and the Role of Copyright Law’ to completion. He welcome proposals for supervision in his areas of research interest; particularly in copyright law and in the relationship between intellectual property rights and constitutional norms or fundamental rights.

Public Engagement


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