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Dr Rita Matulionyte

Lecturer

Newcastle Law School (Law)

Career Summary

Biography

Research Expertise
In the field of intellectual property law Rita's research focuses on a balanced approach to copyright in the digital environment, including copyright scope and exceptions online, enforcement and Internet service providers' liability issues, digital libraries and orphan works, authors' and performers' remuneration. She has been researching in this field for the last 8 years and has published numerous articles and book chapters in the field. She wrote several reports for the European Patent Office, Lithuanian government and South Korean governments. Rita also participated in coordinating European Academics' opinion against the Anti-Counterfeiting Trade Agreement (ACTA) which played an important role in European discussions on ACTA and its eventual rejection by the European Parliament. Since 2007 Rita has been researching on the intersection of intellectual property and private international law. Her PhD thesis "Law Applicable to Copyright Infringements: A Comparison of the ALI and CLIP Proposals" was written in a prestigious Max Planck Institute for Intellectual Property and Competition Law (Germany), was highly evaluated (summa cum laude) and published by Edward Elgar Pub. She also published several articles and book chapters in the area and participated in a number of conferences in the field. In 2011 she acquired a highly competitive grant from the Japanese Society for the Promotion of Science (JSPS) and continued her research in the area as a post-doctoral research fellow at Kyushu University (Japan). Since 2011, she was invited as a leader of a Sub-committee on Applicable Law and Intellectual Property Infringements at the International Law Association. Since 2013 she has been researching the legal means for the protection of intangible and tangible cultural heritage. She been advising Lithuanian Commission for UNESCO and the Ministry of Culture of Lithuania on the issues relating to intangible cultural heritage as well as carrying other research projects relating to balanced enforcement of cultural heritage laws in Lithuania.

Teaching Expertise
2007-2009 Rita was a tutor at Munich Intellectual Property Law Center (MIPLC) where she covered a range of topics in the area of intellectual property law. In 2010-2013 she got a position of lecturer at Leibniz University of Hanover (Germany) and was teaching post-graduate courses on International copyright law, Intellectual Property and Private International Law, as well Copyright liability online. Since 2014 she is teaching Intellectual Property Law and Internet Law at the University of Newcastle.

Administrative Expertise
During 2004-2006 Rita was working as a chief of International Relations Department at the Law Institute of Lithuania where she was managing international partnerships and European-level projects. In 2008-2010 she was an academic event manager at the Academy of European Law (Germany) and was organizing legal training for judges in Spain and Portugal. In 2012-2013 Rita was working as a deputy-director for research at the Law Institute of Lithuania . Since 2014 she is a deputy-director of the Master of Laws at the University of Newcastle.

Qualifications

  • PhD, Albert Ludwig University of Freiburg - Germany
  • Master of Laws, University of Augsburg - Germany

Keywords

  • Copyright Law
  • Creative industries
  • Foundations of Law
  • Information Technology Law
  • Intellectual Property
  • Internet Law

Languages

  • German (Fluent)
  • Lithuanian (Fluent)
  • Russian (Fluent)
  • Persian (excluding Dari) (Fluent)

Fields of Research

Code Description Percentage
180107 Conflict of Laws (Private International Law) 25
180115 Intellectual Property Law 75

Professional Experience

UON Appointment

Title Organisation / Department
Lecturer University of Newcastle
Newcastle Law School
Australia

Academic appointment

Dates Title Organisation / Department
1/10/2013 -  Associated Senior Researcher Law Institute of Lithuania
Poland
1/05/2012 - 1/09/2013 Deputy Director Law Institute of Lithuania
Poland
1/03/2011 - 1/11/2012 Research fellow/visiting research fellow Kyushu University, Japan
Law
Japan
1/09/2010 -  Lecturer/visiting lecturer Leibniz University of Hanover, Germany
Germany
1/09/2007 - 1/08/2010 Scholarship holder Max Planck Institute for Intellectual Property
Germany
1/09/2007 - 1/05/2009 Tutor Munich Intellectual Property Law Center
United States
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Publications

For publications that are currently unpublished or in-press, details are shown in italics.


Book (1 outputs)

Year Citation Altmetrics Link
2011 Matulionyte R, Law applicable to copyright: A comparison of the ALI and CLIP proposals, Edward Elgar Publishing Ltd., U.K., 288 (2011) [A1]
Citations Scopus - 2

Chapter (6 outputs)

Year Citation Altmetrics Link
2015 Matulionyte R, 'Calling for Party Autonomy in Intellectual Property Infringement Cases', Intellectual Property and Private International Law, Edward Elgar, Cheltenham, UK (2015)
2014 Matulionyte R, D'Erme R, Geiger C, Grosse Ruse-Khan H, Heinze C, Jaeger T, Metzger A, 'The Impact of the Anti-Counterfeiting Trade Agreement on the Legal Framework for IP Enforcement in the European Union', Constructing European Intellectual Property: Achievements and New Perspectives, Edward Elgar, United Kingdom, Unites States of America 394-408 (2014)
2014 Matulionyte R, 'ACTA¿s Digital Chapter: Remaining Concerns and What Can Be Done', The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath 114-141, Cambridge University Press, New York, US 114-141 (2014)
2014 Matulionyte R, 'Acta¿s digital chapter', The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath 115-142 (2014)

© Pedro Roffe and Xavier Seuba 2015.The Anti-Counterfeiting Trade Agreement (ACTA) is a new plurilateral treaty with the goal of ¿improving global standards for the enforcement ... [more]

© Pedro Roffe and Xavier Seuba 2015.The Anti-Counterfeiting Trade Agreement (ACTA) is a new plurilateral treaty with the goal of ¿improving global standards for the enforcement of IPR [in order] to more effectively combat trade in counterfeit and pirated goods.¿ It was negotiated by Australia, Canada, the EU (and EU member states in their own national capacity), Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States between 2008 and 2010, leading to the adoption of the final text on 3 December 2010. It is currently undergoing internal ratification procedures in negotiating states. It is open for signature until 31 March 2013; six signatories are needed before it comes into force. During negotiation ACTA was criticized by different stakeholders on many grounds. First of all, the secret nature of negotiations was condemned by the online community, academics, as well as by the institutions of the EU such as the European Parliament and the European Data Protection Supervisor. Secondly, critics argued that by negotiating the agreement plurilaterally, parties are trying to avoid the established fora for IP agreements (i.e. the World Intellectual Property Organization [WIPO] or the World Trade Organization [WTO]) and thereby threatening the established international institutional framework. Thirdly, although ACTA is intended to be a special agreement made under the auspices of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and thus not derogate from its obligations, some have argued that it may still violate TRIPS. Its legality in some of the negotiating states has been contested. For instance, in the EU, the European Commission has repeatedly made reassuring noises that it will not set any acquis-plus standards, but European academics have warned that ACTA may lack conformity with EU law and require additional action by the EU institutions. Its legality under US law has also been disputed. Various issues addressed by ACTA have been attacked by groups of academics as well as individuals worldwide, probably the most important of which being privacy and restriction on freedom of expression on the Internet, criminal liability and border measures. Last but not least, strong concerns were expressed by developing countries which did not join the negotiations, such as China, India and Brazil. Arguably, ACTA will be extended to non-negotiating parties by being adopted as a new baseline in bilateral negotiations.

DOI 10.1017/CBO9781107707207.011
2013 D'Erme R, Geiger C, Ruse-Khan HG, Heinze C, Jaeger T, Matulionyte R, Metzger A, 'The impact of the Anti-Counterfeiting trade agreement on the legal framework for IP enforcement in the European Union', Constructing European Intellectual Property: Achievements and New Perspectives, Edward Elgar Publishing, U.K. 394-408 (2013) [B1]
DOI 10.4337/9781781001646.00035
Citations Scopus - 1Web of Science - 1
2012 Matulionyte R, 'Law Applicable to Copyright Infringements in the ALI and CLIP Proposals', Studies on the Principles of Private International Law on Intellectual Property Rights--A Japanese-Korean Joint Proposal from East Asian Points of View, Seibundoh, Japan 333-352 (2012)
Show 3 more chapters

Journal article (18 outputs)

Year Citation Altmetrics Link
2016 Matulionyte R, 'E-lending and a Public Lending Right: Is It Really a Time For an Update?', European Intellectual Property Review, 38 132-139 (2016)
2016 Matulionyte R, '10 years for Google Books and Europeana: Copyright law lessons that the EU could learn from the USA', International Journal of Law and Information Technology, 24 44-71 (2016) [C1]

© The Author (2016). Published by Oxford University Press. All rights reserved.Mass digitization projects that have been carried out by libraries and their commercial partners ac... [more]

© The Author (2016). Published by Oxford University Press. All rights reserved.Mass digitization projects that have been carried out by libraries and their commercial partners across the Atlantic, such as Google Books and Europeana, are celebrating their 10th birthdays. This article analyses what legal challenges they pose to the copyright law systems, and how the US and EU jurisdictions have responded to them. In particular, the article identifies certain elements in the US copyright law system that played an important role in encouraging the creation of innovative and value-added services in the library sector. These elements include the transformative use doctrine, the restrictive interpretation of the market harm criterion and the openness towards commercial reuse of works. It is then discussed whether, and how, these elements could be better integrated in the EU copyright law system in order to foster the European library and information technology sector.

DOI 10.1093/ijlit/eav018
2015 Matulionyte R, 'The Upcoming EU Copyright Review: A Central-Eastern European Perspective', IIC International Review of Intellectual Property and Competition Law, 46 439-468 (2015)
2015 Matulionyte R, 'Enforcing Copyright Infringements Online: In Search of Balanced Private International Law Rules', JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law, 6 132-145 (2015)
2014 Matulionyte R, 'Cultural Heritage and Public Interest versus Private Rights: a Struggle for a Balanced Approach in Lithuania', Journal on Legal and Economic Issues of Central Europe, 5 70-78 (2014)
2014 Matulionyte R, 'A Revival of Rental Right to Software? New Controversial Microsoft Licensing Practices', Intellectual Property Quarterly, 227-240 (2014)
2014 Matulionyte R, 'Digital libraries: the prospective implementation of Orphan Works Directive in Lithuania', Teises problemos, 1 5-87 (2014)
2013 Matulionyte R, 'Calling for Party Autonomy in Intellectual Property Infringement Cases', Journal of Private International Law, 9 77-99 (2013)
2013 Matulionyte R, Adlamini F, 'Iran: In a Search for a Balanced Copyright Regime', Intellectual Property Quarterly, 114-138 (2013)
2013 Matulionyte R, 'Book Review: Ch. Geiger, Criminal Enforcement of Intellectual Property', JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law, 4 65-67 (2013)
2013 Matulionyte R, Lankauskas M, 'Bittorent Loses Again: A recent Lithuanian BitTorrent case and its impact on the construction of the E-commerce Directive', Journal of Intellectual Property, Information Technology and E-Commerce Law, Journal of intellectual Property, Information Technology and E-Commerce, 4 179-189 (2013)
2012 Matulionyte R, 'IP and Applicable Law in Recent International Proposals', JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law, 263-305 (2012)
2011 Matulionyte R, 'ACTA's Digital Chapter: remaining concerns and what can be done', QUEEN MARY JOURNAL OF INTELLECTUAL PROPERTY, 1 248-271 (2011) [C1]
Citations Scopus - 1Web of Science - 1
2011 Matulionyte R, 'Law Applicable to Online Infringements in CLIP and ALI Proposals: A Rebalance of Interests Needed?', JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law, 26-36 (2011)
2011 Matulionyte R, 'Book Review: Stig Strömholm, Copyright and the Conflict of Laws: A Comparative Survey', JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law, 158-162 (2011)
2011 Matulionyte R, Nerisson S, 'The French Route to an ISP Safe Harbour, Compared to German and US Ways', IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW, 42 55-73 (2011) [C1]
Citations Scopus - 1
2008 Matulionyte R, 'Cross-Border Collective Management and Principle of Territoriality: Problems and Possible Solutions in the EU', The Journal of World Intellectual Property, 11 467-497 (2008)
DOI 10.1111/j.1747-1796.2008.00350.x
2006 Matulionyte R, 'Digital Copyright Objects', Teises problemos, 51-65 (2006)
Show 15 more journal articles

Report (2 outputs)

Year Citation Altmetrics Link
2014 Matulionyte R, Nam H, 'A Study on Legal Effect of Software License.', Government of the South Korea, 35 (2014)
2010 Matulionyte R, 'Online Copyright Liability: Leading European Cases', European Patent Office, 44 (2010)
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Grants and Funding

Summary

Number of grants 1
Total funding $20,000

Click on a grant title below to expand the full details for that specific grant.


20111 grants / $20,000

The Law Applicable to Copyright: An Analytical Comparison of the Transparency, ALI and CLIP Proposals$20,000

Funding body: Japanese Society for Promotion of Science

Funding body Japanese Society for Promotion of Science
Project Team

Rita Matulionyte

Scheme JSPS Post-Doctoral Fellowship (Short Term) for North American and European Researchers
Role Lead
Funding Start 2011
Funding Finish 2011
GNo
Type Of Funding International - Competitive
Category 3IFA
UON N
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Dr Rita Matulionyte

Position

Lecturer
Newcastle Law School
Faculty of Business and Law

Focus area

Law

Contact Details

Email rita.matulionyte@newcastle.edu.au
Phone (02) 4921 6218

Office

Room MC161
Location Callaghan
University Drive
Callaghan, NSW 2308
Australia
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