Protection Of Geographic Names In International Law And Domain Name System

Author : Heather Ann Forrest
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 54,8 Mb
Release : 2017-03-15
Category : Law
ISBN : 9789041146977

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Protection of Geographic Names in International Law and Domain Name System by Heather Ann Forrest Pdf

Written by internal counsel, for internal counsel: clear, concise and inspirational. Personifies that the “benefit of the bargain” is not simply a game of numbers. Ute Joas Quinn, Associate General Counsel Exploration and Production, Hess Corporation Spot on! A user-friendly book that I was using before I reached the end. It made me think more creatively about all my negotiations to come. A must-read for every current and future in-house counsel. Cyril Dumoulin, Senior Legal Counsel Global Litigation, Shell International A lively, entertaining work. A multi-faceted approach to the art of negotiation. A convincing demonstration of what it is about and how it actually works. Isabelle Hautot, General Counsel International Expertise, Orange Telecom A clear and most comprehensive, not to mention, practical, book on negotiation. I picked it up and could not put it down. Wolf Von Kumberg, former Associate General Counsel and European Legal Director, Northrop Grumman Corporation; Chairman of the Board of Management, Chartered Institute of Arbitrators; Director, American Arbitration Association; Member, ArbDB It has been such a pleasure to read what is destined to inspire in-house counsel and many others for negotiating deals and settlements. It covers the landscape from both theoretical and practical angles. I found myself nodding in recognition and agreement all along the way. Leslie Mooyaart, former General Counsel, KLM Royal Dutch Airlines; former Vice President and General Counsel, APM Terminals (Maersk); Chairman, The New Resolution Group

Author : Heather Forrest
Publisher : Unknown
Page : 128 pages
File Size : 46,5 Mb
Release : 2017
Category : Electronic
ISBN : 9041189203

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Protection of Geographic Names in International Law and Domain Name System by Heather Forrest Pdf

Author : Michael Blakeney
Publisher : Edward Elgar Publishing
Page : 562 pages
File Size : 46,5 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788975414

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The Protection of Geographical Indications by Michael Blakeney Pdf

Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU.

Author : Susy Frankel
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 42,5 Mb
Release : 2019
Category : LAW
ISBN : 9781788977999

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Is Intellectual Property Pluralism Functional? by Susy Frankel Pdf

The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.

Author : World Intellectual Property Organization
Publisher : Unknown
Page : 164 pages
File Size : 48,9 Mb
Release : 2001
Category : Computer networks
ISBN : IND:30000087950022

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The Recognition of Rights and the Use of Names in the Internet Domain Name System by World Intellectual Property Organization Pdf

Author : Tobias Mahler
Publisher : Edward Elgar Publishing
Page : 277 pages
File Size : 47,5 Mb
Release : 2019
Category : International law
ISBN : 9781786435149

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Generic Top-Level Domains by Tobias Mahler Pdf

This topical book examines the regulatory framework for introducing generic Top-Level Domains on the Internet. Drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN), these rules form part of a growing body of transnational private regulation, complementing national and international law. The book elucidates and discusses how ICANN has tackled a diverse set of economic and regulatory issues, including competition, consumer protection, property rights, procedural fairness, and the resolution of disputes.

Author : Mark Perry
Publisher : Springer
Page : 254 pages
File Size : 52,7 Mb
Release : 2016-05-24
Category : Law
ISBN : 9783319311777

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Global Governance of Intellectual Property in the 21st Century by Mark Perry Pdf

This book analyses the governance foundations of innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments. There are many intellectual property struggles illustrated in this work: patent at the boundaries of nature and invention, the need for drug development, which is driven by profit based on the patent monopoly; copyright, the expression of original thought, seeking to maximise exposure facilitated by the internet, but a system that facilitates rampant copying; trade marks, supporting company branding, seeks to exploit global branding through naming domains names; and other areas concomitant to the globalisation of intellectual property governance, such as foreign direct investment. This book holds up a mirror to the issues of world governance of intellectual property rights in this century, asking whether the direction we are currently following is in the best interest of global citizens, and showing the divergence that constraints are stimulating on a national level.

Author : Daniel J. Gervais
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 52,6 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781800885349

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The Future of Intellectual Property by Daniel J. Gervais Pdf

This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.

Author : Tatiana Eleni Synodinou
Publisher : Kluwer Law International B.V.
Page : 572 pages
File Size : 50,5 Mb
Release : 2019-10-24
Category : Law
ISBN : 9789403503332

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Pluralism or Universalism in International Copyright Law by Tatiana Eleni Synodinou Pdf

In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Author : Matthew Rimmer
Publisher : Springer
Page : 686 pages
File Size : 44,8 Mb
Release : 2018-10-26
Category : Law
ISBN : 9789811321559

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Intellectual Property and Clean Energy by Matthew Rimmer Pdf

This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

Author : Manon Oostveen
Publisher : Kluwer Law International B.V.
Page : 266 pages
File Size : 54,9 Mb
Release : 2018-07-13
Category : Law
ISBN : 9789403501413

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Protecting Individuals Against the Negative Impact of Big Data by Manon Oostveen Pdf

In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.

Author : Martin Senftleben
Publisher : Kluwer Law International B.V.
Page : 673 pages
File Size : 52,5 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403523712

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The Copyright / Trademark Interface by Martin Senftleben Pdf

The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.

Author : Axel M. Arnbak
Publisher : Kluwer Law International B.V.
Page : 298 pages
File Size : 41,5 Mb
Release : 2016-06-01
Category : Law
ISBN : 9789041167385

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Securing Private Communications by Axel M. Arnbak Pdf

It has become glaringly clear that any communicative act online is subject to breach by intelligence agencies, cybercriminals, advertising networks, employers, and corporate data miners, to mention the most obvious intruders. Internet users, seeing no other choice than to hop onto the web-based bandwagon, have come to depend on a networked communications environment that is fundamentally insecure. Now lawmakers worldwide are gearing up to intervene. Arguing for a stricter stance on protecting private communications security, this groundbreaking study offers a conceptual and legislative toolkit leading to a step-by-step regulatory model in EU law. The proposed model is tested in two detailed case studies on HTTPS and cloud communications. From the interlocking perspectives of fundamental rights, systems design, and political organization, the regulatory model proposed is tested on HTTPS, which covers the user-provider relationship in web browsing, and on "cloud" communications that affect interdomain and intradomain communications. The case studies are based on the infamous DigiNotar breach and the MUSCULAR programme disclosed by whistle-blower Edward Snowden and contain original legal, security economics, and computer science research, conducted jointly with scholars trained in these disciplines. Responding to a general positive human right to communications security that is emerging from European fundamental rights law, this book not only provides one of the first interdisciplinary studies to appear in the academic literature on EU communications security law, but also offers broad recommendations to the EU lawmaker and gives directions for future research. It is sure to become a first point of discussion, reference, and legislative action for policymakers and practitioners in Europe and beyond.

Author : Michael Blakeney
Publisher : Edward Elgar Publishing
Page : 505 pages
File Size : 45,7 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781782546726

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The Protection of Geographical Indications by Michael Blakeney Pdf

Geographical indications, or marks designating a product�s place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer

Author : Christina Angelopoulos
Publisher : Kluwer Law International B.V.
Page : 594 pages
File Size : 45,8 Mb
Release : 2016-09-15
Category : Law
ISBN : 9789041168412

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European Intermediary Liability in Copyright: A Tort-Based Analysis by Christina Angelopoulos Pdf

In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.