Author: Christophe Geiger Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The first version of the three-step test emerged at the 1967 Stockholm Conference for the Revision of the Berne Convention. With the inclusion of versions of the test in the TRIPS Agreement of April 1994, the two WIPO “Internet” treaties of December 1996, the more recent Beijing Treaty on Audiovisual Performances of June 24, 2012, and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (VIP Treaty) of June 27, 2013, the test has taken on the central function of allowing and enabling tailor-made solutions at the national level. The three rather abstract criteria of the test offer room for different interpretations. Various alternative approaches have been developed in the legal literature and applied by national courts, including an understanding of the test's factors as elements of a global balancing exercise; and a reverse reading of the test starting with the last, most flexible criterion. There are also parallels between factors in Anglo-American fair use and fair dealing legislation and the three step test. The study herein concludes that the three-step test in international copyright law does not preclude flexible national legislation allowing the courts to identify individual use privileges case-by-case and that the three-step test can serve as a source of inspiration for national law makers seeking to institute flexible exceptions and limitations at the domestic level.
Author: Michael Anthony C. Dizon Publisher: Routledge ISBN: 1351360140 Category : Computers Languages : en Pages : 268
Book Description
The relationship between hacking and the law has always been complex and conflict-ridden. This book examines the relations and interactions between hacking and the law with a view to understanding how hackers influence and are influenced by technology laws and policies. In our increasingly digital and connected world where hackers play a significant role in determining the structures, configurations and operations of the networked information society, this book delivers an interdisciplinary study of the practices, norms and values of hackers and how they conflict and correspond with the aims and aspirations of hacking-related laws. Describing and analyzing the legal and normative impact of hacking, as well as proposing new approaches to its regulation and governance, this book makes an essential contribution to understanding the socio-technical changes, and consequent legal challenges, faced by our contemporary connected society.
Author: Jonathan Griffiths Publisher: Oxford University Press ISBN: 0198863160 Category : Law Languages : en Pages : 401
Book Description
The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.
Author: Martin Senftleben Publisher: Kluwer Law International B.V. ISBN: 9041122672 Category : Law Languages : en Pages : 358
Book Description
The book includes: viable restatements of the rationales of copyright protection for the emerging IP environment; new insights into the relationship between copyright protection and copyright limitations; in-depth explanation of the structure and functioning of the three-step test; detailed interpretations of each criterion of the test; discussion of the two WTO panelreports dealing with the test; a proposal for the further improvement of the copyright system and the international rules governing copyright law; detailed information about international conference material concerning the test; and discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test's impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test's role in the European Copyright Directive.
Author: Agustin Reyna Publisher: Nomos Verlag ISBN: 3748922175 Category : Law Languages : en Pages : 242
Book Description
Verbraucher sehen sich häufig Beschränkungen beim Zugang zu und bei der Nutzung von online angebotenen Inhalten ausgesetzt, die in Endbenutzer-Lizenzvereinbarungen durchgesetzt werden. Diese Beschränkungen können mit den durch das EU-Verbraucherrecht geschützten Verbraucherinteressen kollidieren. Dieses Buch bewertet die ungeklärte Beziehung zwischen dem EU-Urheberrecht und dem Verbraucherrecht, indem es die geltenden Rechtsvorschriften für die Bereitstellung digitaler Inhalte, einschließlich der neuen Richtlinie über digitale Inhalte und digitale Dienste und der Richtlinie über das Urheberrecht im digitalen Binnenmarkt, sowie die einschlägige Rechtsprechung des EuGH zur Beurteilung von Grundrechtskonflikten im Zusammenhang mit urheberrechtlichen Nutzungsbeschränkungen sorgfältig berücksichtigt. Dieses Buch enthält einen Vorschlag für einen integrativen Ansatz, der darauf abzielt, die Interessen von Urheberrechtsinhabern und Verbrauchern beim Zugang zu digitalen Inhalten und deren Nutzung miteinander in Einklang zu bringen.
Author: Taina Pihlajarinne Publisher: Edward Elgar Publishing ISBN: 1803922745 Category : Law Languages : en Pages : 377
Book Description
The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. In this timely and prescient book, Taina Pihlajarinne, Jukka Tapio Mähönen and Pratyush Nath Upreti explore the importance of intellectual property rights (IPRs) post pandemic and argue for a pressing revision of the current IPR system to build a more globally sustainable and just regime.
Author: Paul Torremans Publisher: Kluwer Law International B.V. ISBN: 9403513144 Category : Law Languages : en Pages : 1005
Book Description
Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.
Author: Abbe Brown Publisher: Oxford University Press ISBN: 0192855913 Category : Languages : en Pages : 946
Book Description
An abundance of practical examples gives students a unique perspective on the subject in its social context. This book examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and possible future developments. Selling Points: - An accessible andengagingly written introduction to intellectual property law - Goes beyond an account of the law to look at policy directing legal decision making, as well as controversies and areas forfurther debate in order to give students an in-depth understanding of the subject - Introduces the relevant European and international dimensions to IP law to ensure that students gain an understanding of IP law - Practical examples, exercises, and diagrams clearly illustrate the core principles and help to bring the subject to life New to this Edition: - Includes engagement throughout the book with the implications of Brexiton IP law (including regarding the Unitary Patent, registered and unregistered Community designs, and the relationship with the EU in the context of free movement of goods and competition law) andrelevant agreements, legislation, case law and retained EU law - Coverage of important recent ECJ and UK case law on copyright subsistence, the category of artistic craftsmanship, joint authorship, infringement by copying, the public communication right, the IP Enforcement Directive, and the unregistered Community design - Discussion of new developments including the EU Trade Secrets Directive; the actions for breach of confidence and misuse ofprivate information; patents of the tests (and their limits) for inventive step; the new approaches of the EPO regarding biological products and processes; and the latest updates on remedies Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the bookinclude: -Guidance on answering the discussion points from the book -Online chapters on the following topics: -History of unregistered design protection in the UK -History ofregistered design law in the UK to 1988 -Intellectual property and international private law -Web links and further reading
Author: Andrej Savin Publisher: Edward Elgar Publishing ISBN: 1803920882 Category : Law Languages : en Pages : 519
Book Description
The Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law.
Author: Stefan Kulk Publisher: Kluwer Law International B.V. ISBN: 9403514906 Category : Law Languages : en Pages : 526
Book Description
All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
Author: Christophe Geiger
Author: Michael Anthony C. Dizon
Author: Jonathan Griffiths
Author: Martin Senftleben
Author: Agustin Reyna
Author: Taina Pihlajarinne
Author: Paul Torremans
Author: Abbe Brown
Author: Andrej Savin
Author: Stefan Kulk