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Author: Elizabeth Schere Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The concept of moral rights - that is, whether an author has personal rights over his work that go beyond property rights - created tensions between the European Union and the United States during the negotiations of international intellectual property agreements. This paper examines that conflict through the prism of international copyright and trade law, specifically the Berne Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). As trade relations have been subsumed by international copyright law, the time seems appropriate to revisit the French-born legal notion of moral rights. Although it has been excluded from the TRIPS agreement (much to the United States' relief), this issue has resurfaced in today's globalized and digital world, as authors may acquire rights that they do not have at home by crossing borders. This paper delves into the power imbalance between economic and personal rights and the legal and political ramifications of these rights on the international stage.
Author: Elizabeth Schere Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The concept of moral rights - that is, whether an author has personal rights over his work that go beyond property rights - created tensions between the European Union and the United States during the negotiations of international intellectual property agreements. This paper examines that conflict through the prism of international copyright and trade law, specifically the Berne Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). As trade relations have been subsumed by international copyright law, the time seems appropriate to revisit the French-born legal notion of moral rights. Although it has been excluded from the TRIPS agreement (much to the United States' relief), this issue has resurfaced in today's globalized and digital world, as authors may acquire rights that they do not have at home by crossing borders. This paper delves into the power imbalance between economic and personal rights and the legal and political ramifications of these rights on the international stage.
Author: Steven Ang Publisher: Edward Elgar Publishing ISBN: 1782546685 Category : Law Languages : en Pages : 334
Book Description
In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the mo
Author: Daniel J.Gervais Publisher: Edward Elgar Publishing ISBN: 1839104376 Category : Law Languages : en Pages : 384
Book Description
This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.
Author: Mira T. Sundara Rajan Publisher: Oxford University Press ISBN: 0199749973 Category : Law Languages : en Pages : 572
Book Description
The doctrine of moral rights is based on the idea that authors have a special bond with their own creative work. At present, the legal status of moral rights demands clarification and assessment as never before, particularly as the international expansion of moral rights occurs in the new environment of digital technology. Just as the survival of copyright law depends on its capacity to adapt effectively to the new technological environment, a new approach to moral rights is imperative. Moral Rights: Principles, Practice and New Technology is the first work to comprehensively address the role and challenges of moral rights in an environment of digital technology The problem is addressed from both practical and theoretical channels, and examples drawn from the legislation and practice of key jurisdictions around the world. The book concludes with a consideration of how the concept of moral rights can contribute to the re-organization of copyright law in a digital context.
Author: Lionel Bently Publisher: ISBN: Category : Law Languages : en Pages : 274
Book Description
The essays collected in this volume cover a wide range of ethical theories and draw on a variety of issues in intellectual property law. There are a number of substantial contributions on such topics ranging from the justification of intellectual property rights and the ethical underpinnings of familiar legal concepts, to the ethical dimensions of the encounter between intellectual property law and new geographies, spaces and cultures.
Author: Christian Lenk Publisher: Routledge ISBN: 1317141369 Category : Law Languages : en Pages : 306
Book Description
Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In addition, it provides an insight into the process of international policy-making, showing the current problems in the area of intellectual property in science and research. It also highlights changes in the fundamental understanding of common and private property and the possible implications and challenges for society and politics.
Author: Ysolde Gendreau Publisher: Edward Elgar Publishing ISBN: 1789904870 Category : Law Languages : en Pages : 583
Book Description
This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law.
Author: Irene Calboli Publisher: Oxford University Press ISBN: 0198826745 Category : Law Languages : en Pages : 913
Book Description
"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Author: Graham Dutfield Publisher: Edward Elgar Publishing ISBN: 1782548831 Category : Law Languages : en Pages : 576
Book Description
A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties.
Author: Elizabeth Schere
Author: Elizabeth Schere
Author: Steven Ang
Author: Daniel J.Gervais
Author: Mira T. Sundara Rajan
Author: Lionel Bently
Author: Christian Lenk
Author: Ysolde Gendreau
Author: Irene Calboli
Author: 
Author: Graham Dutfield