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Author : Péter Mezei
Publisher : Cambridge University Press
Page : 225 pages
File Size : 54,6 Mb
Release : 2018-02-15
Category : Law
ISBN : 9781107193680
A comprehensive, comparative analysis of the European and US approaches to the exhaustion doctrine in the offline and online world.
Author : Pťer Mezei
Publisher : Cambridge University Press
Page : 271 pages
File Size : 41,5 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781108843140
An updated, comprehensive analysis of the European and US approaches to the exhaustion doctrine in the online and offline world.
Author : Irini Stamatoudi,Paul Torremans
Publisher : Edward Elgar Publishing
Page : 1303 pages
File Size : 52,8 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781786437808
This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
Author : Irene Calboli,Edward Lee
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 46,9 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781783478712
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Author : Shubha Ghosh,Irene Calboli
Publisher : Cambridge University Press
Page : 231 pages
File Size : 44,8 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781107115859
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Author : Kung-Chung Liu,Julien Chaisse
Publisher : Bloomsbury Publishing
Page : 317 pages
File Size : 42,9 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509922789
The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.
Author : DAS, JATINDRA KUMAR
Publisher : PHI Learning Pvt. Ltd.
Page : 728 pages
File Size : 41,9 Mb
Release : 2021-02-01
Category : Law
ISBN : 9788194800217
The book attempts to critically analyse the cases on the law of copyright as well as statutory provisions of law of copyright. When the first edition of the book was published in 2015, there was no readable and dependable book for the general reader interested to be acquainted with the changing features of the law of copyright immediate after the enactment of the Copyright (Amendment) Act 2012. Since the publication of this book, the Finance Act 2017 has introduced Appellate Board in place of Copyright Board as well as the Supreme Court and High Courts in India have also delivered a large number of judicial decisions on the law of copyright. In this edition the author has surveyed all such Courts decisions and analysed them and inserted them in appropriate places of the book and also examined the impact of the Appellate Board. It presents not only the provisions of the Copyright Act 1957 in the form of a normative, but points out the changes made thereon by formal amendments as well as conflicts of law which have been settled by judicial interpretations. The book is divided into ten chapters. Chapter 1 is introductory, while Chapters 2 and 3 discuss the origin and development of law of copyright at international as well as national level. The most important debatable issue in copyright law is “works in which copyright subsists”, and the Chapter 4 is devoted to this aspect. Chapter 5 explores various issues relating to author of work, owner of copyright and recognised rights of copyright owner. The terms of copyright, licensing of copyright, international copyright and registration of copyright are the subject matter of Chapter 6, while rights of broadcasting organisation and of performers (neighbouring rights) are the subject matter of Chapter 7. Internet is the greatest communication medium of the contemporary era, and there is an inherent link between law of copyright and internet. Therefore, Chapter 8 is devoted to discuss various issues relating to “protection of copyright in internet.” While Chapter 9 demonstrates the law relating to infringement of copyright and defences of copyright liability. Chapter 10, the concluding chapter, discusses the enforcement of copyright in India in detail. Though the book is designed for the undergraduate and postgraduate students of Law, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society. TARGET AUDIENCE • Undergraduate and postgraduate students of Law. • Researchers, Academicians, Jurists, Lawyers, Judges as well as members of Civil Society.
Author : Kung-Chung Liu
Publisher : City University of HK Press
Page : 564 pages
File Size : 52,6 Mb
Release : 2019-07-17
Category : Law
ISBN : 9789629373801
In this second volume of the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA) series, thirty-seven eminent scholars and practitioners from Asia and the United States have come together to comprehensively assess leading copyright cases from eight major Asian jurisdictions (People’s Republic of China (PRC), India, Japan, Korea, Malaysia, the Philippines, Singapore, and Taiwan). This book contains thirty-six case reports that focus on six topics that reflect the current trends in Asian copyright law—namely, digital copyright, collective copyright (including the management of copyright and the interface between collecting societies and competition law), criminal copyright (with a discussion of criminal punishment for copyright infringement), limits to copyright (such as fair use and exhaustion), the relationship between copyright laws and other forms of protection, and choice of jurisdiction and applicable law in copyright litigation. Each case report deconstructs the legal background, facts, and rationale of the decision in a particular landmark case, and then discusses the commercial or industrial significance and application. Notably, this includes an analysis of The Hague Convention on Choice of Court Agreements and its adoption in Singapore, which is, to date, the only Asian country to have fully ratified it. Taken together, this volume presents a useful guide for copyright practitioners, professionals, lawyers, and judges alike in addition to acting as a primer for students and businessmen planning to enter Asia’s exciting world of copyright. It also serves as a handbook for policy makers, both within Asia and further afield.
Author : Paul Goldstein,P. Bernt Hugenholtz
Publisher : Oxford University Press
Page : 620 pages
File Size : 47,7 Mb
Release : 2019-08-30
Category : Law
ISBN : 9780190060633
International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.
Author : Irene Calboli,Edward Lee
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 51,5 Mb
Release : 2014-01-31
Category : Law
ISBN : 9781781953914
The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again
Author : Ruth L. Okediji
Publisher : Cambridge University Press
Page : 543 pages
File Size : 53,8 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107132375
In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.
Author : Santanu Mukherjee
Publisher : BRILL
Page : 351 pages
File Size : 47,7 Mb
Release : 2023-03-13
Category : Law
ISBN : 9789004542815
This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Author : Tatiana-Eleni Synodinou,Philippe Jougleux,Christiana Markou,Thalia Prastitou-Merdi
Publisher : Springer Nature
Page : 646 pages
File Size : 53,6 Mb
Release : 2021-06-25
Category : Law
ISBN : 9783030695835
With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising – and new answers being given – even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.
Author : Niklas Bruun,Graeme B. Dinwoodie,Marianne Levin,Ansgar Ohly
Publisher : Cambridge University Press
Page : 531 pages
File Size : 46,6 Mb
Release : 2021-01-07
Category : Law
ISBN : 9781108484602
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Author : Jacob Jaconiah
Publisher : Kluwer Law International B.V.
Page : 218 pages
File Size : 55,9 Mb
Release : 2022-09-20
Category : Law
ISBN : 9789403545820
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Tanzania. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Tanzania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.