Cardiff School of Management>Staff Profiles>Dr Dimitris Xenos

Dr Dimitris Xenos

Department: Business, Management and Law

Office/Location: O2.41E, Ogmore Building, Cardiff School of Management, Llandaff Campus

Telephone: +44 (0)29 2041 7114

Staff Overview

Dimitris Xenos is a senior lecturer in law at the Cardiff School of Management. He also acts as a legal consultant for law offices and private and public bodies, with regular contributions to public consultations.

His research and teaching expertise lies in various areas of public and private laws, including their intersection (see research and teaching sections below), with an increased focus on digital communications and freedom of speech-related subjects, building on his professional background in media and audio-visual arts.

He has given papers by invitation at conferences and seminars organised by Schools of Law and Economics in London, Berlin, Rome, Athens and Budapest.

Dr Xenos read Law at the University of Sheffield Hallam and completed a DPhil in Law at the University of Durham (University College).

Teaching

Public Law
Cyber Law and Data Protection
Property Law
PhD supervision (currently: a research project on EU public procurement)

Research

Dr Xenos’s research interests lie in the intersection between public and private laws – e.g. human rights law and substantive economic law such as industrial and intellectual property, and the interface of these areas with constitutional law and democratic governance.

His first monograph, The Positive Obligations of the State under the European Convention of Human Rights, has dealt with human rights violations by non-state actors and the indirect responsibility of public authorities (i.e. a civil law duty of care influenced by public law), including the duty to protect the vulnerable. This is an established book in the area of human rights law which was cited by Judge Cançado Trindade in the leading environmental law case of Whaling in the Antarctic (Australia v Japan) of the International Court of Justice.

He is actively involved in the workings of an international academic network of IP law scholars who advocate democratic safeguards in the development and operation of the patent system in Europe.

Key Publications

Articles and book chapters:

‘An Introduction to the Economic Analysis of Law as a Legal Theory in Improving Legal Argumentation and Judicial Decision-making for IP Law in Europe’ in E. Feteris, H. Kloosterhuis, J. Plug and C. Smith (eds), Legal Argumentation: Reasoned Dissensus and Common Ground (forthcoming)

‘European Patent System: Failures in Constitutional Design Crippling Essential Safeguards against Adverse Economic Effects’ in Luc Desaunettes-Barbero, Fernand de Visscher, Alain Strowel, Vincent Cassiers (eds) The Unitary Patent Package & Unified Patent Court: Problems, Possible Improvements and Alternatives (LediPublishing, 2023) 123-145

‘The Impact of the European Patent System on SMEs and National States’ (2020) 36(1) Prometheus 51-68

‘Unconstitutional Supranational Arrangements for Patent Law: Leaving Out the Elected Legislators and the People’s Participatory Rights’ (2019) 28(2) Information & Communications Technology Law 131-160

‘The Protection against Crime as a Human Right: Positive Obligations of the Police’ in Ralf Alleweldt and Guido Fickenscher (eds), International Human Rights Law and the Police (Springer Verlag, 2018) 181-15

‘The Guardian’s Publications of Snowden Files: Assessing the Standards of Freedom of Speech in the Context of State Secrets and Mass Surveillance’ (2016) 25 Information & Communications Technology Law 201-228

‘Language Discrimination in the European Union’ (2014) 3 Gazzetta Amministrativa della Repubblica Italiana 44-59

‘The European Unified Patent Court: Assessment and Implications of the Federalisation of the Patent System in Europe’ (2013) 10(2) SCRIPTed – Journal of Law, Technology & Society 246-277

‘The Issue of Safety of Media Professionals and Human Rights Defenders in the Jurisprudence of the UN Human Rights Committee’ (2012) 11(4) Chinese Journal of International Law 767-783

‘Limiting the IPRs of Pharmaceutical Companies through EU Competition Law’ (2011) 8(1) SCRIPTed – Journal of Law, Technology & Society 93-98

‘The Human Rights of the Vulnerable’ (2009) 13(4) International Journal of Human Rights 591-614

Book:

The Positive Obligations of the State under the European Convention of Human Rights (Routledge, 2012)

Other Projects and activities

Dr Xenos regularly provides expert evidence to public consultations of institutional bodies, such as the Law Commission, the Parliament’s Joint Committees, and the European Ombudsman.

Key contributions to public consultations:

– Written evidence to the Joint Parliamentary Committee’s consultation on the Online Safety Bill 2021 (16 September 2021)

– Written evidence to the EU Commission’s public consultation on the review of the SME definition (Ref. Ares(2018)2751002 – 28/05/2018) (under file name ‘University of Suffolk’) (6 May 2018)

– Written evidence to the European Ombudsman’s Public Consultation on the Transparency of the Council legislative process (31 December 2017)

– Written evidence to the Law Commission’s public consultation on the ‘Protection of Official Data’ (i.e. for a new Espionage Act) (3 May 2017)

– Written evidence to the Joint Committee on Human Rights on the Government’s proposed derogation from the ECHR (31 March 2017)

– Written evidence to the Greek Ministry of Justice regarding the Unified Patent Court (1 March 2017)

– Written evidence to the European Ombudsman’s public consultation on the EU Commission’s expert groups (30 August 2014)

– Written evidence to the House of Commons Public Bill Committee (Intellectual Property Bill) (29 January 2014)

– Written evidence to the public consultation on the Rules of Procedure (15th draft) of the European Unified Patent Court (30 September 2013)

External Links

Dr Xenos is a Fellow of the European Public Law Organisation, book review editor of its European Review of Public Law, and member of the Centre for Freedom of the Media.

Twitter: @dimitris_xenos; @IPRsLaw

SSRN profile