This chapter explores issues of patent infringement and sustainability, with a focus on the case of destruction of infringing goods and contextualizing the analysis in relation to the practice of upcycling. The destruction is a corrective measure adopted by courts when a patentee is confronted with an infringing product or a product resulting from an infringing method of production (Article 64(2)(e) of the UPC Agreement). While this remedy is standard practice, it often results in the destruction of fully functional, high-quality – albeit infringing – goods. In view of the Unified Patent Court (UPC) and the Unitary Patent (UP), it is imperative to look at the provision on destruction of infringing goods through the eyes of sustainability. The UPC Agreement neither bars sustainable alternatives to destruction nor offers a sustainability-focused interpretation of the remedy. After reviewing UPC and EU case law, the chapter explores more sustainable interpretations of the destruction remedy, including whether practices like upcycling might still qualify as ‘destruction’. As such, this chapter could serve as a guide for future, more sustainability-centred interpretations of the identified provision under the UPC, thereby better aligning European patent law with the goals of the EU Circular Economy Strategy and the Green Deal.

This chapter analyzes upcycling through an economic lens. First, it discusses the similarities and differences between resale, recycling, and upcycling from an economic perspective. Next, it analyzes the incentives for producers in the primary market to engage with these markets further down the lifecycle of a product. The author argues that companies with sufficient market power in their primary market often have an incentive to try to control such aftermarkets, particularly in the case of resale or upcycling, in order to price discriminate in the primary market or to reduce competition in their primary market. Subsequently, the chapter discusses the role of IPRs in this and analyzes from a normative economic perspective (incentive rationale for IPRs), whether IPRs should grant producers control over resale and upcycling.

Upcycling involves the creative reuse of materials that implicate a range of IPRs. Analyzed within the parameters of exhaustion, upcycling in practice illustrates the potential for the exhaustion doctrine in unleashing creativity through reusing and repurposing works. But this potential is limited by the existing contours of exhaustion, specifically its roots in the distribution rights and its uncertain expansion into repair and reconstruction. These limitations within the exhaustion doctrine are magnified through the overlap of rights in upcycled works: copyright with trademark, trademark with design rights. This chapter sets forth the policies underlying recognition of upcycling as permitted use within the contours of exhaustion and overlapping IPR’s. Overlap does not accrete the rights of IP owners or subtract the rights of follow-on creators. Instead, upcycling invites a rethinking of the dynamic of creative ecosystems marked by the reality of markets, transformative creations, and the needs of creative communities. The chapter also critically examining the policies raised by upcycling mandates challenging the linear model of IP dissemination which traces the origin of works to the owner of broadly defined IPRs.

In recent years, and especially, after the pandemic, policymakers in Latin America and the Caribbean have become increasingly interested in promoting the principles of the circular economy as a core component of the region’s sustainable development. Under the banner of sustainability, the national and regional markets for circular economy items have grown and consumer preference for them has been attracted. However, the debate on the impact of IPRs on the upcycling of goods, which could be protected by an IPRs system, is still very young. This chapter examines whether IP laws interfere with the production and distribution of goods by analyzing national and regional regulations in selected countries in the region, where there is growing interest in circular economy products. In addition, an analysis of the legal defences available within the IP system for the relevant stakeholders will also be undertaken. In particular, the IP systems concerning trademarks, industrial designs, and copyright will be discussed. Finally, the chapter examines whether creating distinctive signs specific to the goods produced under these practices exist and whether this seems desirable.

This introduction offers an overview of the evolving role of artificial intelligence in civil dispute resolution, discussing current developments against the background of broader technological, regulatory and institutional contexts. It examines the dual forces of genuine innovation and persistent hype, clarifies the book’s open and technology-neutral definition of AI, and articulates an equally broad conception of civil dispute resolution encompassing adjudicative but also consensual, formal but also informal mechanisms. The introduction also outlines the book’s comparative ambition and structural organisation, ultimately framing AI as a transformative yet contested actor whose integration into justice systems demands careful, context-sensitive governance.

The rapid development of artificial intelligence (AI) presents new challenges and opportunities for the judiciary. This chapter analyses the impact of the EU’s AI Act on the use of AI systems by judicial authorities in Europe, in particular with regard to their classification as high-risk AI systems. In doing so, the chapter examines practical use cases to illustrate the obligations that judicial authorities may face as deployers and providers.

The introduction of the book is dedicated to the discussion of the concept and doctrinal elements (prerequisites) of upcycling, its role in the legal system, as well as its interdisciplinary nature. We argue that upcycling is not a single dimensional activity to be approached solely from the perspective of exclusive IP rights. It represents a new philosophy for environment-conscious producers and consumers, promising the construction of new bottom-up approaches to decrease the negative consequences of human activities on earth. With the growing need for green transition, also addressed by legislators, upcycling can work as a case study for decision-makers from the domestic to the international level to reimagine IP policies to support green transitions at micro level by allowing individual upcyclers the reuse of IP-affected goods; at mezo level by convincing investors and industry-level organizations to renew economic models and invest in transformative reuses; and at macro level by allowing legislation to incentivize innovative activities to minimize waste and maximize the benefits of consumables for their full life-cycle.

In his final years, American society finally punished Bieral for his violence, embracing the principle of the rule of law. His dismissal from the customs office and attempted assassination of Port Surveyor Hans Beattie led to imprisonment. The chapter examines his trial, insanity defense, and eventual pardon, contextualizing his downfall within the rise of civil service reform. Bieral’s family tragedies and his son’s criminal career underscored the generational consequences of a violent life, but he remained a popular figure. His death in a veterans’ home and burial in a national cemetery mark a quiet end to a tumultuous life. The chapter reflects on the cultural legacy of Bieral’s persona and the societal ambivalence toward violent masculinity.

This chapter examines the United Nations system, its purposes and principles in the light of the UN Charter. The organs of the UN are analysed, covering the role and composition of the Security Council, the General Assembly, the Economic and Social Council, the Trusteeship Council and the UN Secretariat. The UN’s judicial organ, the International Court of Justice, was examined in the previous chapter. The functions of the UN and its organs with regard to the peaceful settlement of disputes are considered, including the various peacekeeping missions. This is followed by an examination of the collective security system by the Security Council and General Assembly, including a consideration of measures not involving the use of force, such as the imposition of sanctions, and measures involving the use of force under Chapter VII of the Charter. The doctrine of responsibility to protect and humanitarian intervention by the UN is examined, followed by a look at practice concerning the various UN operations involving the use of force in non-enforcement situations. The chapter then examines the relationship between the UN and regional arrangements and agencies.