Elena Izyumenko

Elena Izyumenko
Centre d'Études Internationales de la Propriété Intellectuelle

Ph.D. (CEIPI, Strasbourg), LL.M. (Lund)

About

29
Publications
7,985
Reads
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135
Citations
Citations since 2016
27 Research Items
129 Citations
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Introduction
Dr. Elena Izyumenko is a case-processing lawyer at the European Court of Human Rights. Prior to joining the Court, Elena worked for eight years as a Researcher at the Centre for International Intellectual Property Studies (CEIPI) in Strasbourg, leading projects on the intersection of human rights with intellectual property law.
Education
September 2009 - July 2011
Lund University
Field of study
  • International Human Rights Law and Intellectual Property Rights Law
September 2003 - June 2008
Southern Federal University (former Rostov State University)
Field of study

Publications

Publications (29)
Article
This paper analyses the influence of the right to freedom of expression and information on European copyright law in the digital context. Drawing on the practice of the two major European courts—the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU)—it begins by exploring how this fundamental right shapes b...
Article
Full-text available
Courts have traditionally considered copyright to be immune to any external freedom of expression review, the tension between those rights having to be resolved through internal balancing mechanisms such as the idea/expression dichotomy or limitations and exceptions to the exclusive right. Two important rulings from the European Court of Human Righ...
Preprint
Full-text available
In the discussions on copyright and freedom of expression, it is common to focus on copyright's economic rights and their potential to restrict the users' freedom of artistic creativity, freedom to express criticism or freedom to receive and impart information. By contrast, moral rights of the authors (such as the right of divulgation, the right of...
Article
Recently, in a judgment on the “Fack Ju Göhte” case, the Court of Justice of the European Union (CJEU) acknowledged that freedom of expression must be taken into account when applying the absolute ground for refusal of trademark registration related to public policy or to accepted principles of morality. Even prior to this pronouncement by the CJEU...
Article
Vladimir Kharitonov v Russia, No 10795/14, 23 June 2020, CE:ECHR:2020:0623JUD001079514 In a decision with potential repercussions for European Union copyright, the European Court of Human Rights (ECtHR or Strasbourg Court) has recently held that an incidental blocking of the applicant’s website as a result of a State agency’s decision to block acce...
Article
The theoretical—and market—background against which the intermediary liability debate developed has changed considerably since the first appearance of online intermediaries almost two decades ago. These changes have been reflected—or will soon most likely be reflected—in changing policy approaches. The role of Online Service Providers (OSPs) is unp...
Chapter
Full-text available
This chapter of the Oxford Handbook of Online Intermediary Liability sets the stage for considering the tension between intermediary liability and fundamental rights with special emphasis on the European legal framework. Competing fundamental rights, such as freedom of expression, privacy, freedom of business and the right to property are entangled...
Article
In the first part of the new millennium, the rise of the use of fundamental rights in shaping and using intellectual property norms has led one of the authors of this article to predict that this movement will be “constitutionalizing” intellectual property law. More than a decade and a half later, the influence of fundamental rights on the scope an...
Chapter
Full-text available
Over the past few years, injunctions against Internet access providers requiring them to block access to copyright-infringing websites have been on the rise in Europe. This type of injunctions is popular because going after direct infringers has proven to be ineffective and disproportionate, whereas targeting the website operators is not an easy ta...
Article
Full-text available
It is often claimed that an open-ended provision for copyright limitations such as the US fair use clause would be unfit for civil law countries because of their author-centered traditions of copyright law and their traditional skepticism towards "judge made law" encouraged by open norms. However, the rising application in those countries of fundam...
Article
Full-text available
This article analyses the recent opinion delivered by the Advocate General Szpunar of the CJEU in the “Afghanistan Papers” case. It highlights, in particular, four crucial points that stand out in the opinion. First, the adoption of a fundamental rights perspective when evaluating copyright regulation in general. Second, the need to ensure that cop...
Article
Full-text available
In recent years, intellectual property enforcement by ordering Internet access providers to block infringing websites has been rapidly evolving in Europe. Understandable from the perspective of rightholders searching for the most efficient ways to stop infringing activities, this increasing tendency to seek for website blocking raises several inter...

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