Professor of Intellectual Property Law, Faculty of Social Sciences
Estelle Derclaye holds degrees in law from the University of Liège (Licence en droit; Diplome d'Etudes Specialisées en droit), The George Washington University (LLM) and London (PhD). She was awarded a Fulbright grant as well as Rotary and Baker & McKenzie scholarships to study for her LLM in the USA. She joined the University of Nottingham as a lecturer in 2006, became Associate Professor and Reader in Intellectual Property Law in 2009 and Professor of Intellectual Property Law in 2012. Before joining Nottingham, she practiced intellectual property in an international law firm in Brussels and prior to that, she was a lecturer at the Universities of Leicester and London (Queen Mary). Thanks to several Max-Planck Institute bursaries, she spent time at the Max-Planck Institute for Intellectual Property and Competition Law (Munich) in 2002 and 2004 to work on her PhD.
Professor Derclaye's main interest is intellectual property law, in particular copyright and designs law, IP overlaps and IP and well-being. From 2008 to 2010, she was a member of the Copyright Expert Panel of the Strategic Advisory Board for Intellectual Property Policy, which advised the UK Intellectual Property Office. In 2014, she has been appointed as a member of the unregistered rights expert advisory group advising the UK Intellectual Property Office. She is a member of the European Copyright Society, a group of European academics aiming to influence policy-making.
Professor Derclaye was a visiting scholar at the University of California, Berkeley (2010) and at the University of Melbourne (2013) and a visiting professor at the National University of Singapore (2015). In 2012, as part of the new RCUK Centre for Copyright and New Business Models in the Creative Economy (CREATe), she was awarded funding (£61,024) for a research fellow (G. Frosio) and a PhD student (K. Wilson) who respectively wrote a literature review, and is writing a PhD on copyright and open academic publishing. A stakeholders' workshop on open access had the triple aim of presenting the research gaps identified in the literature review, eliciting reactions, comments, criticisms and finding new research questions and areas to explore both theoretically and empirically.
Professor Derclaye regularly gives lectures on copyright and design law in other law schools in Europe. She has done expert work for national and foreign law firms, the UK Intellectual Property Office and international organisations and welcomes requests for expert work from both the public and private sector. She also welcomes proposals for postgraduate research in all fields of intellectual property law. She currently supervises 7 PhD students (see research students tab).
Professor Derclaye is the author of The Legal Protection of Databases, A Comparative Analysis (Edward Elgar Publishing, 2008), editor of Research Handbook on the Future of EU Copyright (Edward Elgar Publishing, 2009) and Copyright and Cultural Heritage: Preservation and Access to Works in a Digital World (Edward Elgar Publishing, 2010) and co-author with A. Strowel of Droit d'auteur et numérique: logiciels, bases de données et multimédia - Droit belge, européen et comparé (Bruylant, 2001) and with M. Leistner of IP Overlaps: A European Perspective (Hart Publishing, 2011). Since 2010, she updates the European Union chapter in P. Geller's treatise International Copyright Law and Practice, Lexis Nexis, now edited by Prof. Bently.
Her work has been cited with approval by the UK High court in Football Dataco v Sportradar  EWHC 1185 (Ch), the Swedish Court of Appeal (Stockholm) (ATG v Unibet 2011) and Advocate General Bot (cases C-393/09 and C‑128/11, BSA and Usedsoft).
She gave her inaugural lecture on "Happy IP" 11 September 2014.
Her publications are also available on http://ssrn.com/author=721913 and http://works.bepress.com/estelle_derclaye
Recommendation on Measures to Safeguard Freedom of Expression and Undistorted Competition in EU Trade Mark Law
European Copyright Society opinion on the Judgment of the CJEU in Case C-201/13 Deckmyn - Limitations and exceptions as key elements of the legal framework for copyright in the European Union
European Copyright Society letter to Commissioner Oettinger - December 2014
If you are a journalist and would like to urgently get in touch with Professor Derclaye and she has not replied to your email yet, please contact her secretary Mrs Ann Chudleigh at +44 (0)115 951 5734.
Intellectual property overlaps
IP and happiness / wellbeing
IP and the environment / climate change
I am interested in supervising students who want to work on the following areas:
- trademarks, designs, copyright, patents, and related IP rights including unfair competition
- open access especially regarding works protected by copyright and related rights created by civil servants and publicly funded bodies
- empirical and/or historical approaches to any intellectual property right topic
- the exhaustion principle, at European and international level and both for analog and digital copies
Current PhD Students
Former PhD students:
Park, Jae Il: Non-Producing Entities (NPEs) and an Injunctive Reliefs in Patent Infringement Lawsuits (co-supervised with Professor Paul Torremans) - completed 2012
Radonjanin, Andrea: IP Protection of Traditional Cultural Expressions and Traditional Knowledge of the Modern Communities (co-supervised with Professor Paul Torremans) - completed 2014
Leepuengtham, Tosaporn: The Protection of the Intellectual Property Rights in Outer Space Activities (co-supervised with Professor Paul Torremans) - completed 2014
Aluko, Ola: Implementing the WIPO Development Agenda Country Specific Recommendation: A Comprehensive Approach (co-supervised with Professor Paul Torremans) - completed 2015