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Journal articles on the topic 'Intellectual property; Copyright law'
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1
Kamal, Mustofa, and Efridani Lubis. "Legal Protection of Government Agency Logo: Intellectual Property Law Versus State Financial Law." JURNAL ILMIAH LIVING LAW 12, no. 1 (January 31, 2020): 87. http://dx.doi.org/10.30997/jill.v12i1.2124.
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This study aims to determine the legal protection of the government agency logo according to intellectual property law according to state financial law and to find out the harmonization strategy of legal protection of government agency logos between according to intellectual property law and according to state financial law. Qualitative research is carried out using the applied law research approach. The results showed that the logo of government agencies is the result of intellectual property that can become a trademark or copyright. Repressive intellectual property legal protection can be done if preventive legal protection has been done through trademark registration or copyright. While legal protection for state finances can be done if the logos of government agencies become part of intangible assets. Government agencies are required to safeguard intangible assets through administrative safeguards, in the form of bookkeeping in financial statements, and legal safeguards, in the form of registering and storing proof of trademark certificates or copyrights. If these two safeguards are carried out, harmonization between legal protection according to state financial law and intellectual property law has taken place. Preventive and repressive protection of agency logos as intangible assets can be optimized. Keywords: agency logos, intangible assets, legal
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Chatterjee, Mala. "Lockean Copyright versus Lockean Property." Journal of Legal Analysis 12 (January 1, 2020): 136–82. http://dx.doi.org/10.1093/jla/laaa002.
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Abstract Locke’s labor theory, the most familiar of property theories, has faced centuries of philosophical criticism. Nonetheless, recent legal scholars have applied it to intellectual property while overlooking these philosophical critiques. Philosophers, on the other hand, are largely absent in IP theorizing, thus not asking whether Locke’s resilient intuition is salvageable in copyright’s domain. This Article argues that Lockean copyright is actually far more plausible than Lockean property, for it avoids the most devastating objections the latter faces. It then defends a surprising doctrinal implication of this theoretical conclusion: a workable Lockean copyright favors rights far more limited than present law.
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Al Nusair, Fayez, and Firas Massadeh. "Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002." Arab Law Quarterly 32, no. 3 (May 22, 2018): 281–97. http://dx.doi.org/10.1163/15730255-12323010.
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Abstract This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).
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Singleton, Rebecca. "Architecture and intellectual property." Architectural Research Quarterly 15, no. 3 (September 2011): 294–96. http://dx.doi.org/10.1017/s1359135511000893.
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For architects, intellectual property (IP) law is vital. Without it plans, building designs and models would have no value as others could copy them without payment. But what are an architect's rights and how are those rights retained in order to avoid commercial exploitation?The legislation for this area of law comes from the Copyright, Designs and Patents Act 1988 (CDPA), the Registered Designs Act 1949, the Trade Marks Act 1994 and the Patents Act 1977. IP itself is divided into those rights that are registrable at the Intellectual Property Office (IPO) and those that are not. Rights that must be registered before the work is protected include trademarks, patents and registered designs; IP rights that cannot be registered include copyright and unregistered design rights.
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Ncube, Caroline B. "The Creative Industry and South African Intellectual Property Law." Law and Development Review 11, no. 2 (June 26, 2018): 589–607. http://dx.doi.org/10.1515/ldr-2018-0030.
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Abstract This paper seeks to provide a more nuanced view of the creative industry that goes beyond assertions of its contribution to economic growth, which, it is then further argued, requires stringent copyright protection to ensure development. It argues that a critical first step is to optimize an existing copyright framework by addressing its inherent entrepreneurial challenges to better enable authors to garner economic returns. These challenges are identified before the paper delineates the creative industries in South Africa and related policies. It then turns to the ongoing copyright policy formulation process before setting out current and proposed copyright legislative provisions. The paper contends that essential aspects regarding both the creative and commercial aspects must be tackled first. At the creative stage, authors’ inability to use a large range of source works because of the fear of copyright infringement claims can be addressed by elaborating exceptions and limitations. On the commercial front, entrepreneurial capacity building for authors and curbing unfair author, publisher and intermediary contracts is vital. The use of statutory devices such as the reversionary interest, to recover lost or diminished opportunities to obtain direct financial gain from copyright work, could also be considered. Enhancing the viability of collecting societies and ensuring that royalties are paid to authors would also be a critical intervention.
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Cornish, W. R. "The International Relations of Intellectual Property." Cambridge Law Journal 52, no. 1 (March 1993): 46–63. http://dx.doi.org/10.1017/s0008197300017232.
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Intellectual Property is not a term with a standard meaning. Traditionally it was used to describe the copyright protection of authors and to distinguish this from industrial property, i.e., Patents for inventions, industrial design rights, plant variety rights, trade marks and the like. Recently it has become an umbrella for copyright, rights related to it and the various forms of industrial property. The new generic grouping has been needed for a world where demand for these rights has risen to an altogether new pitch. In part this is the consequence of extraordinary advances in technologies which make recorded information easily and precisely reproducible; and partly it supports the quest of advanced economies to conserve superior knowledge as a weapon in international trade.
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Tulzapurkar, Veerendra. "Intellectual Property Law – Transfer of Technology." International Journal of Legal Information 36, no. 2 (2008): 338–41. http://dx.doi.org/10.1017/s0731126500003103.
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The law of patent, trademark law, copyright law and the law relating to industrial designs are the statutory enactments forming part of intellectual property law which have a bearing on the transfer of technology. There is one more branch of intellectual property law which also has a bearing on the transfer of technology and that is the law relating to confidential information or law relating to confidentiality. This law is not a written law; it is judge made law, in the sense that it is developed through cases.
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Tanwir S. H., M. H., Dr Ranti Fauza Mayana, and Daniel Hendrawan, S. H., M. Hum., M.Kn. "ALTERNATIVE RESOLUTION OF INTELLECTUAL PROPERTY DISPUTES AS PART OF INVESTMENT IN THE CREATIVE INDUSTRY SECTOR UNDER INDONESIAN LAW." Humanities & Social Sciences Reviews 7, no. 5 (September 28, 2019): 93–97. http://dx.doi.org/10.18510/hssr.2019.7512.
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Purpose: The amount of investment in Indonesia both foreign and domestic increases in number each year. One of the growing investment in Indonesia is the creative industry. Creativity from this creative industry produces a variety of works protected by intellectual property. The development of intellectual property law advanced rapidly. One form of intellectual property is copyright. The many interests in the implementation of this copyright cause some problems and disputes. Indonesia itself recognizes some non-court settlement disputes namely arbitration and mediation so that intellectual property may remain protected.
Methodology: This research study gathered secondary data from literature review, online article, dialogues and different document available on the internet regarding the copyright law. In addition, this research study has analysed different Indonesian law regarding copyright.
Main Findings: There are rights in copyright protected by law. In-Law No. 28 of 2014 it is possible to settle disputes outside the court through several methods. Article 95 of Law No. 28 of 2014 on Copyright stipulates that Settlement of Copyright disputes may be made through alternative dispute resolution, arbitration, or courts.
Implications/Applications: The findings of the study are helpful in gaining knowledge regarding law available regarding copyright and settlement of Copyright disputes through alternative dispute resolution, arbitration, or courts, etc.
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Spitsyna, Hanna, and Alla Hordeyuk. "Features of modern classification of intellectual property items." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 58–64. http://dx.doi.org/10.31733/2078-3566-2020-3-58-64.
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This article determines modern classification of intellectual property objects, which identified in international regulations and presumed by scientists, studding problematic issues in sphere of intellectual property. The defined, which the most common is classification, with distribution criterion of objects in group to the institutions of intellectual property: copyright and related rights; industrial property law. The individual scientists have their own approach regarding inclusion in different classification groups. The offered with given the content of international law and scientific research of scientists, classify of intellectual property objects by several criteria in depending: from the assignment of objects to a specific legal institutions of intellectual property; from the legal nature of objects which without fail subject to patenting or state registration or on them spread of presumption of authorship; from the title of protection, which issued based on patenting result or state registration of specific objects. By these criteria expediently to highlight such groups and subgroups of intellectual property objects: objects of copyright and related rights with separate subgroup copyright objects and subgroup related rights objects; objects of the institution of industrial property law, where to highlight the patent law objects, the objects, where individualize of participants in civil transaction, goods, services and subgroup of unconventional objects. Determined the need in modern realities of virtualization of legal realities to additions to the list intellectual property objects, which is defined in article 420 Civil code of Ukraine, such facilities of domain name and website. The domain name include in subgroups of industrial property law objects, which individualize of participants in civil transaction, goods and services, and website include in group objects of copyright and related rights, guided by the legislator’s position. The legislator secured concept of website in the law of Ukraine «On copyright and related rights».
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Supeno, Supeno. "Hak Cipta dalam Perspektif Hukum Islam." Wajah Hukum 2, no. 1 (May 31, 2018): 125. http://dx.doi.org/10.33087/wjh.v2i1.32.
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Intellectual property (HKI) is one of the rights that have been getting protection by law in Indonesia, there are some regulations that govern on rights that are included in the scope of intellectual kekayan as copyrights, patent rights, trademark rights, trade secret rights and so on. To know more deeply is how copyright in the perspective of Islamic law because Indonesia as the country's largest Islamic religion will greatly affect the understanding and awareness of the importance of the protection of the population of Indonesia against intellectual property.
11
Maher, Imelda. "The Interface of EC Competition Law and Intellectual Property Rights: the Essential and the Creative." Cambridge Yearbook of European Legal Studies 7 (2005): 189–210. http://dx.doi.org/10.1017/s1528887000004559.
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This article uses the issue of compulsory licensing of copyright to explore the relationship between intellectual property law (specifically copyright law) and competition law in the EU. It takes as its starting position the proposition that competition law is the ultimate restraint on the monopoly potential of intellectual property with intellectual property rights (IPR) located in competition law. However, it argues that it is too simplistic to cast the approach of the European Court of Justice (ECJ) in the IMS case purely as one of competition law being allowed to trump copyright. Instead, it sees the judgment as an example of doctrinal compromise for both legal subsystems with competition law placing limits on the invocation of copyright as the basis for a refusal to deal, while suggesting a remedy in the form of compulsory licensing which runs contrary to its conceptual roots in private law and notions of freedom of contract.
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SAGGI, KAMAL, and JOEL P. TRACHTMAN. "Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009." World Trade Review 10, no. 1 (January 2011): 63–86. http://dx.doi.org/10.1017/s1474745610000455.
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AbstractIn China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: 1.the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights (‘TRIPS’);2.China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights;3.whether China's volume and value of goods thresholds for application of criminal procedures and penalties with respect to trademark counterfeiting or copyright piracy comply with TRIPS requirements for application of criminal procedures and penalties.
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Maher, Imelda. "The Interface of EC Competition Law and Intellectual Property Rights: the Essential and the Creative." Cambridge Yearbook of European Legal Studies 7 (2005): 189–210. http://dx.doi.org/10.5235/152888712802730765.
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This article uses the issue of compulsory licensing of copyright to explore the relationship between intellectual property law (specifically copyright law) and competition law in the EU. It takes as its starting position the proposition that competition law is the ultimate restraint on the monopoly potential of intellectual property with intellectual property rights (IPR) located in competition law. However, it argues that it is too simplistic to cast the approach of the European Court of Justice (ECJ) in the IMS case purely as one of competition law being allowed to trump copyright. Instead, it sees the judgment as an example of doctrinal compromise for both legal subsystems with competition law placing limits on the invocation of copyright as the basis for a refusal to deal, while suggesting a remedy in the form of compulsory licensing which runs contrary to its conceptual roots in private law and notions of freedom of contract.
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Юмашев, Юрий, Yuriy Yumashev, Елена Постникова, and Elena Postnikova. "CONTEMPORARY STATE OF GERMAN COPYRIGHT LAW." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 54–60. http://dx.doi.org/10.12737/article_593fc343b1df17.24854769.
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This article analyzes the common problems of German copyright law (GCL). The authors begin with the concept of copyright law, emphasizing the personal, absolute and inalienable GCL. It operates on the basis of the so-called “monistic doctrine”, whereby its indivisibility and the creative individuality of the author play a vital role.
Then the authors describe the sources of GCL (first of all, the Basic Law of Germany, the German Law on Copyright and Related Rights, the International Convention on Copyright, the Agreement on trade-related aspects of intellectual property rights (trips) concluded under the World Trade Organization (WTO), and the primary and secondary law of the European Union).
Also there is an analysis of objects of GCL (copyrighted works) and their main elements: personal character, intellectual content, forms, and their perception of others. Original work must be the result of intellectual effort of the author, who is the subject of copyright.
The content of the GCL, the mechanism of its regulation and the scope of its application, including the dates of validity are
analyzed in present article.
Special attention is paid to the peculiarities of copyright and publishing contracts, issues of related rights, as well as a distinctive trait of GCL – the societies for the collective management of copyright and related rights. Also the article addresses civil and criminal penalties for violations of the GCL.
In conclusion the authors noted that the images of historically significant personalities can be published without their consent in a public and justice interests.
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Greene, Frederick, and Linda Naimi. "Would Criminal Sanctions For Patent Violations Encourage Violators to Respect Intellectual Property Rights?" International Journal for Innovation Education and Research 6, no. 9 (September 30, 2018): 1–11. http://dx.doi.org/10.31686/ijier.vol6.iss8.1142.
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This paper analyzes the historical differences between copyrights and patents. Copyright law allows for criminal sanctions for violations. Patent law does not allow for criminal sanctions. The paper looks at this history and poses the question—Why the difference? The paper analyzes these differences and asserts that an imbalance exists between the two types of intellectual property that needs to be adjusted.
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Greene, Frederick, and Linda Naimi. "Would Criminal Sanctions For Patent Violations Encourage Violators to Respect Intellectual Property Rights?" International Journal for Innovation Education and Research 6, no. 9 (September 30, 2018): 1–11. http://dx.doi.org/10.31686/ijier.vol6.iss9.1142.
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This paper analyzes the historical differences between copyrights and patents. Copyright law allows for criminal sanctions for violations. Patent law does not allow for criminal sanctions. The paper looks at this history and poses the question—Why the difference? The paper analyzes these differences and asserts that an imbalance exists between the two types of intellectual property that needs to be adjusted.
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Kiggundu, John. "University Education and Intellectual Property in the Digital Era." International Journal of Innovation in the Digital Economy 1, no. 4 (October 2010): 19–26. http://dx.doi.org/10.4018/jide.2010100102.
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The national level of Intellectual Property Law covers national legislation and policy as well as common law, while at the international level it covers international treaties and conventions to which Botswana is a signatory. The Mission of the University of Botswana is to advance the intellectual and human resource capacity of the nation and the international community. In this regard, the goal of this paper is that the University plays a central role in the development of intellectual property law and policy and in the protection of intellectual property at the University and the nation at large. The University must articulate its position on intellectual property issues so as to influence national policy and legislation as well as international developments in intellectual property in the digital era. The area that greatly affects the University of Botswana in its core business is copyright. Accordingly, this paper focuses mainly on issues arising in copyright especially in the digital era and how they affect the University’s core business. The paper covers the duration of copyright, licensing agreements, the cost of digital information, the preservation of digital information, distance learning, the protection of indigenous knowledge systems, and the development of intellectual property education.
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Woker, Tanya. "Principles of copyright in intellectual property law: An overview." Critical Arts 20, no. 1 (July 2006): 35–46. http://dx.doi.org/10.1080/02560040608557775.
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Zhilskiy, Nicolay, Emma Shariapova, and Marina Matveeva. "Protection of intellectual property of an architect." E3S Web of Conferences 91 (2019): 05029. http://dx.doi.org/10.1051/e3sconf/20199105029.
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In the paper, the authors raise the issue of protecting the copyright of an architect. One of the ways to protect it is the trial. The RF Constitution guarantees judicial protection of rights and freedoms. Recently, in the Russian Federation, the number of appeals to the court for copyright protection has increased, indicating a large number of infringements of intellectual property rights of architects. The study of the authors showed that often the cause of litigation is the discrepancy of the values of the objects of copyright of the architect. To interpret such concepts as “architectural solution”, “architectural design”, “architect’s concept”, “architect’s idea” and others, the court is forced to involve specialists whose opinions in the court decision become the source of law, which contradicts the theory of state and law. The authors believe that the legislative consolidation of clear, certain essential features of the conceptual and categorical framework used in architectural activity is the improvement of the protection mechanism for the works of architects that are the result of their creative activity.
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Spahiu, Artan, and Fatma Spahiu. "The Copyright in Albania and its Legal Protection under National Law." European Journal of Social Sciences Education and Research 5, no. 1 (December 30, 2015): 143. http://dx.doi.org/10.26417/ejser.v5i1.p143-153.
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It is a fact that the entire history of existence and development of human society has been founded on products of intellectual creativity of the human mind, which have been used to solve different problems of the time.We all have witnessed how the human imagination in the world has made possible the development in the field of science, technology and especially in Arts. Scientific innovations and the artistic activities, such as the music, painting or literature are created by individuals who have the ability to see and to express things in new and innovative ways.Intellectual property is a legal term that refers to the special protection, reserved by the law to the product shaped by human ideas, such as scientific and technological inventions or the artistic works. First of all, the intellectual property is considered a non-material asset that can be sold, bought, exchanged, licensed, etc., as well as any other property. On the other hand, it is considered as a personal exclusive right of the owner. Under intellectual property laws, the owner of intellectual property is granted the right to stop any infringement, unauthorized intervention or activities in relation to his property. One of the most important intellectual property rights is the copyright, which is the object of study of this article. The Copyright and the related intellectual rights, specially provided by the domestic normative framework, constitute relatively new legal institutes to Albanian reality. The Copyright in Albania presents special features because on the one hand it’s facing a normative regulation which aspires to get closer to international standards, but in practice it’s facing a insufficient and ineffective protection by the competent state authorities.
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Leisten, Susanna, Terry Flew, and Greg Hearn. "Alternative Intellectual Property Systems for the Digital Age." Media International Australia 114, no. 1 (February 2005): 87–98. http://dx.doi.org/10.1177/1329878x0511400111.
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This paper investigates the current turbulent state of copyright in the digital age, and explores the viability of alternative compensation systems. The paper critically appraises the increased recourse to digital rights management (DRM) technologies, which are designed to restrict access to and usage of digital content. Considerable technical challenges associated with DRM systems have necessitated increasingly aggressive recourse to the law. A number of controversial aspects of copyright enforcement are discussed and contrasted with those arising from alternative levy-based compensation systems. This paper undertakes consideration of alternative models for managing the copyright bargain in the digital era.
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Zeilinger, Martin. "Live Coding the Law: Improvisation, Code, and Copyright." Computer Music Journal 38, no. 1 (March 2014): 77–89. http://dx.doi.org/10.1162/comj_a_00231.
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This article concerns the emerging creative practice of live coding (i.e., the real-time programming of electronic music in text-based programming environments), and explores how this practice can be deployed as a tactic of resistance against the overreach of restrictive intellectual property policy. I begin by surveying definitions of copyright and patent law, and related issues, to situate live coding in the field of existing perspectives on cultural ownership. Drawing on legal theory and critical discourse on improvised music in other genres, I then argue that the dynamic, palimpsestic, and improvisational qualities of live coding contradict many of copyright law's core assumptions regarding the nature of “fixed” works of art. These contradictions can be usefully mobilized for the purpose of resisting legal and economic enclosures of the digital cultural commons. As I conclude, live coding can, from its current, inherently ambivalent position on copyright matters, develop a strong, performance-based critical stance against the imbalances and shortcomings of intellectual property regimes and outdated notions of exclusive cultural ownership. Integrating artistic practices with ongoing and emerging critiques of intellectual property, such resistance can go a long way towards highlighting readily available opportunities to oppose and confound the law.
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Search, Patricia. "Electronic Art and the Law: Intellectual Property Rights in Cyberspace." Leonardo 32, no. 3 (June 1999): 191–95. http://dx.doi.org/10.1162/002409499553226.
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The dematerialization of art that began in the 1960s has reached new heights with the use of electronic media. We are at an important crossroads in defining intellectual property rights that will have a direct impact on the way we create and disseminate electronic art in the future. This paper examines the historical evolution of the definition of “author” in copyright law. The paper shows how current copyright legislation and recent court decisions do not address the plasticity of the medium and the new forms of authorship that are defined by the artistic use of techniques such as virtual reality, artificial intelligence, hypermedia links and collaborative networking.
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Schwartz, Paul M., and William Michael Treanor. "Eldred and Lochner: Copyright Term Extension and Intellectual Property as Constitutional Property." Yale Law Journal 112, no. 8 (June 2003): 2331. http://dx.doi.org/10.2307/3657478.
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Yolanda, Nina. "UPAYA-UPAYA PENINGKATAN PEMAHAMAN DAN KESADARAN PENCIPTA KARYA SENI TRADISIONAL TERHADAP HAK CIPTANYA." Solusi 17, no. 1 (January 1, 2019): 32–41. http://dx.doi.org/10.36546/solusi.v17i1.148.
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The research objective is to describe and analyze efforts to increase the understanding and awareness of the creators of traditional art works on their copyright. Writing method uses normative juridical method. Research results: efforts to increase understanding and awareness of creators of their copyright are carried out through efforts to promote intellectual property rights such as counseling, discussions, seminars, workshops, symposiums, intellectual property education and training and institutionally established a Copyright Council. In the end, it was suggested that arrangements regarding copyright law protection, especially the copyright of traditional artworks, need to be accompanied by consistent law enforcement and efforts to increase understanding and awareness of creators of their copyright needs to be intensified both in terms of quality and quantity
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Fedorova, Nadiia. "Foreing and domestic experience in protecting intellectual property right to jewelry and jewelry." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 31–37. http://dx.doi.org/10.33731/62020.233886.
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Key words: copyright, jewelry, bijouterie, unfair competition, trademark, litigation
Fedorova N. Foreing and domestic experience in protecting intellectual property right to jewelry and jewelry. The article focuses on studying the issue of protecting the design of artistic jewelry and bijouterie. The concept of “functionality” for jewelry is analyzed, namely, it is determined that the «functionality» notion is the quality of servicing the useful purpose. For example, a chair manufacturer cannot claim the four legs of a chair as a copyright. These four legs are a useful and functional aspect of this chair. If a competitor also manufactures a chair with 4 legs, it does not infringe any manufacturer's right, since these legs are for functional purposes only. The concept of«functionality» in jewelry means that the last cannot be protected as a normal work, since it is purely utilitarian. For example, the hands or numbers on the dial of a watch are considered as functional because the exclusive use of these aspects seriously impedes healthy competition in the watch industry. On the other hand, unique jewelry design cannot be considered functional as it has the exclusive use of its particular elements’ combination.The analysis of European legislation and US judicial practice is carried out. Under applicable US copyright law, jewelry is a subject to copyright. Under normal circumstances, the law does not require prior registration of jewelry copyright. However, in order to protect jewelry or bijouterie under the US Law on Copyright, it must meet certain conditions. The complaining party must provide evidence of illegal copying of the work and prove copyright infringement. In case of violation of copyright for jewelry, the author or the jewelry house must prove:•the originality of design;•the uniqueness in the elements combination in the process of jewelry design development.The object of an industrial design can be a shape, pattern, color, or their combination that determines the appearance of an industrial product. The main criterion for the industrial design patentability is its novelty. However, in practice, an examination for novelty when registering a designation as an industrial design, according to Alexandra Odinets, is not carried out, and the patent is issued «under the responsibility of the applicant».With regard to unfair competition in the jewelry market, according to the US jurisprudence, it is more often an offense in this context than a violation of trademark rights or copyright infringement. It is unfair competition that misleads a consumer. A competitor, by assigning a good name and an reputation established, is trying to get profit. The definition of unfair competition is carried out in a comprehensive manner, here the court will not focus on one feature of a piece of jewelry but would consider all its inherent features. In particular, it is a combination of unique elements that provide the originality of the product.The article provides recommendations for jewelry and bijouterie authors on copyright protection.
1. Pro avtorski i sumizhni prava : Zakon Ukrainy.
URL: https://zakon.rada.gov.ua/laws/show/3792-12#Text.
2. Tomarov I. Fashion Law: kopiiuvaty ne mozhna zaboronyty! Yurydychna hazeta Online. 2017. № 25(575). URL:https://yur-gazeta.com/publications/practice/zahist-intelektualnoyi-vlasnosti-avtorske-pravo/fashion-law-kopiyuvati-ne-mozhna-zaboroniti.html.
3. Herbert Rosenthal Jewelry Corp. v. Kalpakian, 446 F.2d 738 (9th Cir. 1971).
4. Dyrektyva Yevropeiskoho Soiuzu № 98/71.
URL: https://zakon.rada.gov.ua/laws/show/994_a88#Text.
5. “Designer” Jewelry vs. “Inspired-by” Jewelry: Intellectual Property Infringement and Unfair Competition Considerations, 34.
6. Davis v. Gap, Inc. - 246 F.3d 152 (2d Cir. 2001).
7. Trifari, Krussman & Fishel, Inc. v Charel Co., 134 F Supp 551 (1955, DC NY).
8. Copyright Law of the United States §102, at 68 (2000).
9. Cprava Vacheron I Constantin-LeCoultreWatches, Inc. proty Benrus Watch Co., Inc. URL: http://saperlaw.com/blog/wp-content/uploads/2007/09/cba-fashion-presentation-final.pdf (last visited April 19th, 2008).
10. Cosmetic Ideas, Inc. v. IAC/Interactivecorp, CV08-02074 R (C.D. California); Los Angeles Copyright Attorneys File Jewelry Copyright Infringement Lawsuit Over Copying Protected Jewelry Design, available at: http://www.iptrademarkattorney.com/2008/04/copyright-attorneys-jewelry-los-angeles-protected-jewelry-design-lawsuit-copying-copyrights-la.html (last visited April 19th, 2008).
11. Saper Law. “Designer” Jewelry vs. “Inspired-by” Jewelry:
Intellectual Property Infringement and Unfair Competition Considerations. 2008.
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Otieno, Irene. "Efficiency of Copyright Law in the Digital Space in Kenya." Strathmore Law Review 1, no. 2 (June 1, 2016): 25–44. http://dx.doi.org/10.52907/slr.v1i2.74.
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The emergence and use of new technologies such as Peer-to-Peer (P2P) file sharing has brought with it numerous controversies particularly for intellectual property. P2P technologies function by granting its users access to files stored on another P2P user’s hard drive thus enabling them to download on-demand from users who have granted them such access. This aspect of the P2P networks (making files available for download), has been argued to be a violation of the exclusive rights granted by copyright. Consequently, a new right of making available was introduced via the World Intellectual Property Organisation (WIPO) Copyright Treaty (WCT) to supplement the existing copyright regime thus making it more adaptable to the digital age. The lack of ratification of the WCT and the lack of recognition of this right in Kenya, points to an inefficiency of Kenyan copyright laws to prevent P2P sharing of protected works in Kenya.
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Voronov, K. M. "Problematic issues of intellectual property rights protection in sports." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 98–102. http://dx.doi.org/10.24144/2307-3322.2021.64.18.
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mportant, given the growing commercialization of this area. The article considers the main institutions of intel-lectual property law and current methods of protection of intellectual property rights related to sports. Problematic issues of protection of copyright and related rights by primary and derivative subjects of copyright are analyzed, with potential copyright infringement of other property owners. The peculiarities of the distribution of property rights for different types of broadcasts of sports competitions are considered. Problematic issues of combining several objects of intellectual property law in audiovisual works at the same time, namely objects of patent law, trademarks and trade names, are investigated. Sports photography is considered separately as a special subspecies of copyright, which has its own specifics to improve the quality of the accompanying effect for sports competitions. Emphasis is placed on increasing the number of patent law objects in sports, namely utility models and industrial designs. Attention is paid to the use of objects of patent law in sports activities in other areas of society. Attention is paid to expanding the number of means of individualization of participants in civil turnover, goods and services. This is reflected in the increase in the registration of not only trademarks associated with sports organizations, but also with personal trademarks of athletes. Different types of trademarks that can be used in sports are considered: verbal trademarks, pictorial, combined, sound. The peculiarities of the use of other objects of intellectual property, such as know-how, are considered. It is concluded that the legal approaches to the use and protection of intellectual property rights in the digital age and the formation of these objects as one of the key assets in the activities of sports organizations, which should improve the quality of sports products at all levels.
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Shalgi, Moshe. "Copyright in Software and Data." Israel Law Review 21, no. 1 (1986): 15–22. http://dx.doi.org/10.1017/s0021223700008852.
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The advent of a new brand of intellectual creativity, which followed developments in computer technology, created a considerable body of proprietory interests in computer software and data. There was therefore a search for legal instruments to provide protection against unauthorized exploitation of the intellectual property in them.Several legal paths were attempted: contractual protection, patent law, trade secrets law and copyright. Of these, the current opinion is that copyright law is the most suitable instrument to protect rights in software and data.
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Alexander, Isabella. "CRIMINALISING COPYRIGHT: A STORY OF PUBLISHERS, PIRATES AND PIECES OF EIGHT." Cambridge Law Journal 66, no. 3 (November 2007): 625–56. http://dx.doi.org/10.1017/s0008197307000694.
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On 6 December 2006, the Gowers Review of Intellectual Property unveiled its much-anticipated report investigating whether intellectual property law was still “fit for purpose in an era of globalisation, digitisation and increasing economic specialisation”. The Review, which had one year in which to cover the entire field of intellectual property law, concluded that there was no need for radical overhaul of the system. However, it did make a number of recommendations for reform and one area it considered to be particularly important was strengthening enforcement of IP rights. In recent years, concerns about the inadequate enforcement of intellectual property laws have focused mainly on copyright law and the entertainment industries. More specifically, they have centred on the opportunities for copyright infringement offered by digital technology and the internet. The music industry was the first to find itself out of its depth in the brave new digital world, and the film industry quickly followed. “Piracy”, we are told, is now rife and must be fought at every opportunity.
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Ekiz, Oğulcan. "Documenting the copyright sphere: can festivals solve the problem of copyright clearance for documentaries?" Queen Mary Journal of Intellectual Property 9, no. 4 (December 2019): 452–70. http://dx.doi.org/10.4337//qmjip.2019.04.05.
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The starting point of this article is a short documentary film that I and five colleagues produced in the course of the Business of Film module at Queen Mary University of London's Intellectual Property Law LLM Programme. During the process of production, we faced some borderline issues regarding our unauthorized uses of others’ copyright works. When we put ourselves into the copyright's author's shoes, three problems arose regarding our use of possible limitations and exceptions: the lack of guidance; the fear of liability; and the unharmonized status of limitations and exceptions at an international level. This article examines these problems from a copyright policy perspective and invites documentary festivals to undertake a mission of guiding new documentary directors through the complex, unharmonized world of copyright limitations and exceptions.
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Zalewska, Monika. "Znaczenie metafor pojęciowych na przykładzie prawa autorskiego." Filozofia Publiczna i Edukacja Demokratyczna 5, no. 1 (June 4, 2018): 111–28. http://dx.doi.org/10.14746/fped.2016.5.1.6.
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The problematic gap between legal and social norms exists in copyright law. The consequences of this gap are severe and include: not following copyright rules, and a big conflict between artists and recipients of a culture. In this context, copyright piracy is prevalent in Poland and legal tools aimed to protect interests of artists have failed. Copyright law might have been in sync with analogue era, but not to digital world. Identification of roots of the discrepancy between social expectations and legally binding rules might be the first step toward rectifying of situation. This article demonstrates the conceptual metaphors as a possible reason for malfunctioning the copyright law. Some metaphors treat intangible objects as tangible ones (intellectual or artistic work) and might pose difficulties mentioned above. Additionally, Larsson defined a group of metaphors in legal system. Bound with them are metaphors outside of law. For example, if law treats intellectual property as tangible property, than metaphors outside the copyright legal system, such as piracy apply. Polish copyright law in the context of Lakoff – Johnson theory of metaphors is a framework of the study.
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Suslina, Irina, and Valeriya Tarasova. "Law Protection of Computer Programs in the State of Israel." Tirosh. Jewish, Slavic & Oriental Studies 18 (2018): 206–18. http://dx.doi.org/10.31168/2658-3380.2018.18.4.2.
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Nowadays IT sphere all over the world experiences rapid growth. This situation also refers to the State of Israel that is considered to be one of the leaders in IT-startups and IT sphere in all. The development of IT has a great influence on economy of Israel and its economic development. Application software is usually defined as a main unit in information technologies. Therefore, legal protection of software becomes one of the most important issues regarding IT sphere. Intellectual property law in Israel is mostly based on British intellectual property law. International legislation concerning intellectual property also influences Israeli IP law. As in the majority of countries, in Israel software is considered as an object of copyright law and it is protected in compliance with its provisions. Copyright law is regulated by the Copyright Act passed the Knesset in 2007. The term of protection granted by this Act shall be the life of the author and seventy years after his death. In accordance with the main principle of copyright law, software has been protected since the moment the software was created. That means that software in Israel does not subject to registration or any other procedure of its kind. It is also possible to register a logo and a unique name of software as a trademark, and this can become a substantial addition to the law protection.
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Dewanti, Paramita Cahyaning, and Rahmadi Indra Tektona. "Perlindungan Hukum Bagi Artis atas Penggunaan Potret dalam Cover Novel Fanfiksi." Batulis Civil Law Review 2, no. 1 (May 31, 2021): 24. http://dx.doi.org/10.47268/ballrev.v2i1.467.
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Intellectual Property Rights translated from Intellectual Property Right are the right to do something on the intellectual property which is regulated by applicable norms or laws. The purpose of this thesis research consists of general objectives and specific objectives, namely to find out and analyze the form of legal protection for Portraits, legal consequences, and efforts to resolve Portrait disputes. The research method includes the juridical - normative research type, while the research approach used is the statute approach. The result of this research is that portrait work is one of the copyrighted works protected by copyright law. which is contained in article 40 paragraph 1. This protection is given to the creator, namely the photographer and the copyright holder is the person photographed. This protection is given to motivate and encourage the creativity of creators who can create economic growth based on the scope of art, literature and science and provide an understanding to the public that portrait works are protected by law No. 28 of 2014 concerning copyright, where there is a prohibition for other people. use the copyright work arbitrarily without the permission of the creator or copyright holder. Acts of violating the copyright of Portrait's works that are used commercially without rights can be sued civil or criminal or can be done both, but if you want to do both, you must prioritize civil settlement then criminally. but the verdict of his civil case cannot waive his criminal sentence. Then to resolve the dispute, it can be done by litigation and also in non-litigation, namely dispute resolution by negotiation, mediation, and arbitration.
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Juniotama Arifin, Alfredo, Ruth Elizabeth Marlamb Putri, and Tiara Patricia. "PERLINDUNGAN HUKUM TERHADAP KORBAN PELANGGARAN HAK KEKAYAAN INTELEKTUAL." Keadilan 19, no. 2 (September 27, 2021): 104–20. http://dx.doi.org/10.37090/keadilan.v19i2.484.
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Abstract In running a business, every producer who has a work must be appreciated for his work. The form of appreciation can be done by registering his work to get intellectual property rights so that it can be protected by law. Intellectual Property Rights (IPR) are exclusive rights granted by a law or regulation to a person or group of people for their copyrighted works. In Indonesia IPR has not been implemented properly due to lack of socialization from the government and lack of concern from the community. This encourages the Indonesian government to be more concerned about copyright infringement. Along with the implementation process, it is undeniable that there are still many individuals who do not comply and use a work for commercial purposes. The research method used is the juridical-normative research method. For example, on January 13, 2020, Ruben Samuel Onsu sued I Am Geprek Bensu belonging to PT. Benny Sujono or abbreviated as I Am Geprek Bensu with a trademark abuse lawsuit. There is a need for government supervision of the use of other people's copyrighted works, good coordination between the government and the community so as to minimize the opportunity to commit fraud against a work. Based on the results of the study of cases that occurred, that victims of IPR violations are protected by law based on a first to file system. Keywords : Intellectual Property Rights, Legal Protection, Intellectual Property Rights Violation Victims
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Austin, Graeme W. "Copyright’s Modest Ontology—Theory and Pragmatism in Eldred v. Ashcroft." Canadian Journal of Law & Jurisprudence 16, no. 2 (July 2003): 163–78. http://dx.doi.org/10.1017/s0841820900003672.
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Focusing on the recent U.S. Supreme Court decision, Eldred v. Ashcroft, which held that the U.S. Congress acted constitutionally when it extended copyright terms by twenty years, this article argues that copyright law in the United States for the most part responds to pragmatic imperatives. The article examines the theoretic/pragmatic distinction at an institutional level and argues that intellectual property lawmaking is at its most pragmatic in the legislative realm. While there is greater potential for theoretical concerns to influence intellectual property law-making in the judicial review context, in Eldred v. Ashcroft, the Court declined to allow grand intellectual property theories to dictate the freedom Congress enjoys to craft copyright legislation in the light of its rational view of the best (pragmatic) cultural and economic policies. The article concludes that in Eldred v. Ashcroft there can be detected an ontological approach to the “Copyright Clause” in the U.S. Constitution. The Court’s role is to ensure that Congress acts consistently with what copyright “is”; that is, a vehicle for motivating the “creative spark” of authorship. Congress has relatively free rein to determine what copyright should “do”. Moreover, any limitations on what copyright is meant to achieve are certainly not to be determined by theoretical concerns. Even the Court’s ontological approach to copyright law should be regarded as “modest,” however, given the Court’s general deference to the policy and cultural choices legislators make in the copyright field.
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Setiawan, Andry. "DISSEMINATION OF COPYRIGHT LAW IN DIGITAL PRODUCTS IN SEMARANG CITY." Journal of Private and Commercial Law 2, no. 1 (June 28, 2018): 47–54. http://dx.doi.org/10.15294/jpcl.v2i1.14217.
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A creative work created by its creator based on his sense and intention which is supported by his creativity will become an intellectual work with a high economic value. Such creators are like book and song writers who have an ability and idea to produce a work that can be enjoyed by everyone. Based on the principle of justice, it is understood that to produce such work is not an easy task because it requires sacrifice. Therefore, the creator is entitled to economic benefits for his work. An intellectual work having a very high economic value is supposed to get adequate legal protection supported by a sense of justice as the reward of the creator’s intellectual products. In addition to physical copyrighted work products, there are also digital products on which the creator owns a copyright. There are examples of digital products which follow the development of technology such as song files, e-books, software, etc. One of the problems that exists in the community is that the digital product becomes easier to be pirated or illegally downloaded through the internet. How is copyright protection in digital products as the embodiment of the creator's creative works. Copyright protection against creators and copyright holders pursuant to Act No. 28 of 2014 on Copyright. Article 1 number 1 and Article 24 paragraph (1) and (2). The creator or copyright holder has rights to be protected by the government, namely economic rights and moral rights. The existence of economic rights and moral rights is then someone's creative work will have its own values, so it is not easy to use his property for commercial purposes by the parties who are not responsible.
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Rosen, Amy. "China vs. United States: A Cosmopolitan Copyright Comparison." Pittsburgh Journal of Technology Law and Policy 15, no. 1 (February 10, 2015): 1–32. http://dx.doi.org/10.5195/tlp.2014.154.
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China has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution's effectiveness.
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Ugwu, Uchenna Felicia. "Reconciling the Right to Learn with Copyright Protection in the Digital Age: Limitations of Contemporary Copyright Treaties." Law and Development Review 12, no. 1 (January 28, 2019): 41–77. http://dx.doi.org/10.1515/ldr-2018-0007.
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Abstract This article examines whether the current exceptions to copyright granted in contemporary intellectual property agreements give effect to the user rights to learn. It looks into the nature of the user rights to learn and how it is affected by copyright, technological protection measures, and digital rights management. Critical analysis is made of the effectiveness of exceptions to copyrights in international law, for advancing the users’ right to learn in the digital age. The article proposes the right to learn as an independent user right and examines how it can be incorporated in the copyright regulations by maximizing the differentiation principle, so as to advance the overall development in society.
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Mathur, Somesh K. "Trade-Related Aspects of Intellectual Property Rights and Copyright Provisions." Journal of World Intellectual Property 6, no. 1 (November 1, 2005): 65–99. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00194.x.
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Uvarov, А. О. "Subjects of the constitutional right to own, use and dispose." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 165–69. http://dx.doi.org/10.24144/2307-3322.2021.64.31.
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The article is devoted to the study of the subjects of the constitutional right to own, use and dispose of the results of their intellectual activity. It is established that the range of subjects of the constitutional right to own, use and dispose of the results of their intellectual activity are: subjects of copyright (authors of works, their heirs and persons who have acquired the rights to works in accordance with the contract or law); performers of works, their heirs and persons who have acquired related rights in accordance with the contract or the law on performances; producers of phonograms, their heirs (successors) and persons to whom related property rights in relation to phonograms have been legally transferred; videogram producers, their heirs (successors) and persons to whom related property rights in relation to videograms have been legally transferred; broadcasting organizations and their successors (subjects of related rights); author of a scientific discovery; subjects of intellectual property rights to an invention, utility model, industrial design (inventor, author of an industrial design; other persons who have acquired rights to an invention, utility model and industrial design under contract or law); subjects of intellectual property rights to the layout of the semiconductor product (author of the layout of the semiconductor product; other persons who have acquired the rights to the layout of the semiconductor product under the contract or law); subjects of intellectual property rights to the innovation proposal (the author of the innovation proposal and the legal entity to which the proposal is submitted); subjects of intellectual property rights to a plant variety, animal breed (author of a plant variety, animal breed; other persons who have acquired intellectual property rights to a plant variety, animal breed under contract or law; natural and legal persons who are subjects intellectual property rights to a trademark, individuals and legal en-tities that are subjects of intellectual property rights to a commercial name. Emphasis is placed on the independence of copyright and ownership of the material object (material carrier), which is manifested through: 1) the content of personal non-property rights and property rights of the subject of copyright; 2) ownership of a material object (possession, use and disposal).
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Austin, Graeme W. "Property on the Line: Life on the Frontier between Copyright and the Public Domain." Victoria University of Wellington Law Review 44, no. 1 (May 1, 2013): 1. http://dx.doi.org/10.26686/vuwlr.v44i1.5012.
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This article is an edited transcript of Professor Graeme W Austin's Inaugural Lecture, delivered in the Council Chamber of Victoria University of Wellington on 15 November 2012. Professor Austin was appointed Chair in Private Law in the Faculty of Law in November 2010. This lecture explores claims that in copyright law, the public domain is necessarily in opposition to proprietary rights, and suggests that in many contexts the incentives offered by copyright contribute to the vibrancy and volume of material that is available for downstream creativity and innovation. Drawing on his earlier work on the relationship between human rights law and intellectual property, Professor Austin's lecture advances the idea that cognisance of the human rights dimensions of intellectual property, including creators' human rights, should inform our understanding of the appropriate scope of the rights of copyright owners. The lecture concludes with a warning against the "Walmartization" of copyright.
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Seville, Catherine. "Developments (and Non-Developments) in the Harmonisation of EU Intellectual Property Law." Cambridge Yearbook of European Legal Studies 11 (2009): 87–121. http://dx.doi.org/10.1017/s1528887000001555.
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Abstract This chapter begins by considering the challenges posed to the harmonisation of intellectual property law at the European level by the very different ways in which the law of intellectual property is viewed across Europe. It then goes on to review the various global and historical initiatives in the arena of intellectual property law harmonisation before running through the different areas of intellectual property law—trade marks, designs, copyright and patents—and examining the ways in which each of these has been dealt with at the European level, both by the European Union and by other Europe-wide bodies. In effect, the way in which intellectual property law has been addressed by the European Union represents a microcosm of the various possible approaches to harmonisation. As regards the prospect of future harmonisation of intellectual property law by the European Union, it is hoped that a wide and wise view of the issues will be taken, in order that public confidence in the Community’s intellectual property regime may be both justified and strengthened.
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Díaz Noci, Javier. "Intellectual property and transmedia informative products: A comparative, transnational legal analysis." Hipertext.net, no. 20 (May 28, 2020): 31–39. http://dx.doi.org/10.31009/hipertext.net.2020.i20.03.
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Transmedia products are becoming a usual practice in media, and they incorporate both professional contributions and user-generated contents. From this point of view, we propose a legal, comparative and transnational approach to the legal implications of copyright laws to transmedia products. We focus on news items and informative products. Participative or citizen journalism, fan fictions, which appeared in several media, has developed the so called transmedia narratives, and the law necessarily faces some problems derived from their particularities. Since the international trend of copyright is rather aligned with a strong approach which presumes that authors should be remunerated, or receive any compensation, for the successive exploitations of their works, we explain which is the impact of copyright (and, in general terms, intellectual property) in the distribution of both moral and exploitation rights, and more specifically transformation rights and derivative works. The legal trends towards digital single market in Europe, copyright law reforms in the United States and the particular situation of the United Kingdom in this respect will be considered.
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Safarov, Azer Tofig. "Features of the legislation of the Republic of Azerbaijan in the sphere of copyright protection." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 243–49. http://dx.doi.org/10.36695/2219-5521.1.2020.49.
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Copyright protection is a priority orientation in the field of protection of intellectual property rights. Copyright does not allow other people to use the products of creative activity of authors without their permission. Copyright violaton causes the authors both material and moral damage. The copyright protecttion in jurisprudence implies the set of measures aimed at the restoration and recognition of copyright in case of their violation and also it protects the interests of the owner of these rights in violation or contestation of copyrights. The copyright protection is carried out in accordance with the procedure established by law, i.e. by applying of necessary forms, means and methods of protection. From this point of view, the copyright protection is divided to judicial and non-judicial (pre-judicial protection and protection by judicial procedure).
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Polčák, Radim. "Digitisation, Cultural Institutions and Intellectual Property." Masaryk University Journal of Law and Technology 9, no. 2 (September 30, 2015): 121–41. http://dx.doi.org/10.5817/mujlt2015-2-7.
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Digitisation of cultural content represents one of most challenging problems of contemporary IP law. Cultural artefacts, let it be books, paintings or 3D objects, are often very old, so there are no issues in copyright protection of their content. However, the public availability of such content is in these cases strongly limited namely due to physical conditions of the carriers and subsequent conservation demands.Digitisation might serve here as powerful enabler of re-use of these works that are frequently of enormous cultural value. On the other hand, getting useful (and re-usable) digital images of 2D or 3D cultural objects means to invest into advanced technologies that are able to capture the respective content while protecting its fragile carriers from physical damage or destruction. Consequently, there is a need for business models that can motivate investors by offering them valuable consideration for such efforts.Recently, such business models are based namely on exclusive agreements between digitisers and cultural institutions that, together with specific copyright protection of digitised images in some jurisdictions, create new form of legal barriers to re-use of even very old cultural content. The paper critically discusses these new restrictive legal instruments namely in the light of the revised PSI re-use directive.
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Seville, Catherine. "Developments (and Non-Developments) in the Harmonisation of EU Intellectual Property Law." Cambridge Yearbook of European Legal Studies 11 (2009): 87–121. http://dx.doi.org/10.5235/152888712802730648.
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AbstractThis chapter begins by considering the challenges posed to the harmonisation of intellectual property law at the European level by the very different ways in which the law of intellectual property is viewed across Europe. It then goes on to review the various global and historical initiatives in the arena of intellectual property law harmonisation before running through the different areas of intellectual property law—trade marks, designs, copyright and patents—and examining the ways in which each of these has been dealt with at the European level, both by the European Union and by other Europe-wide bodies. In effect, the way in which intellectual property law has been addressed by the European Union represents a microcosm of the various possible approaches to harmonisation. As regards the prospect of future harmonisation of intellectual property law by the European Union, it is hoped that a wide and wise view of the issues will be taken, in order that public confidence in the Community’s intellectual property regime may be both justified and strengthened.
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Ayoubi, Lida. "Human rights principles in the WIPO Marrakesh Treaty: driving change in copyright law from within." Queen Mary Journal of Intellectual Property 9, no. 3 (July 2019): 282–302. http://dx.doi.org/10.4337/qmjip.2019.03.03.
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The number of countries joining the WIPO Marrakesh Treaty for the visually impaired has been gradually increasing since its adoption in 2013. This article evaluates the contribution of the WIPO Marrakesh Treaty to the untangling and understanding of the interface of intellectual property law and human rights law. It analyses the significance of the human rights language used in the Treaty as well as its mandatory copyright exceptions. It is argued that the significance of the Treaty mainly lies in its inclusion of human rights principles. This, together with the introduction of compulsory copyright limitations and exceptions, forms the innovative approach of the Treaty that reshapes the contours of the relationship between intellectual property rights and human rights.
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Frankel, Susy. "The Copyright and Privacy Nexus." Victoria University of Wellington Law Review 36, no. 3 (October 1, 2005): 507. http://dx.doi.org/10.26686/vuwlr.v36i3.5607.
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The New Zealand development of a tort limited to wrongful publication of private fact (and in the United Kingdom by extension of breach of confidence) has not been accompanied by a consideration of the relationship that such a cause of action might have with intellectual property, particularly copyright. The emerging tort is potentially a strong right in information. The appropriate parameters of protection of information are core to many aspects of copyright law. This article questions whether the sidelining of copyright law in the privacy debate is appropriate. In general there is an overlap between intellectual property, particularly copyright and privacy in relation to information. Specifically an overlap arises because there is a section in the Copyright Act 1994 that provides a privacy right in relation to films and photographs. This article examines that provision and concludes that in its current form it is inconsistent with the emerging tort of privacy in wrongful disclosure of private information.
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Judge, Elizabeth F., and Saleh Al-Sharieh. "Join the Club: The Implications of the Anti-Counterfeiting Trade Agreement's Enforcement Measures for Canadian Copyright Law." Alberta Law Review 49, no. 3 (March 1, 2012): 677. http://dx.doi.org/10.29173/alr113.
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The Anti-Counterfeiting Trade Agreement (ACTA) is the most recent international agreement by which Canada and other countries have sought to strengthen the protection and enforcement of intellectual property rights. While it was originally feared that ACTA would impose obligations that are in tension with the principles of Canadian copyright law, the final outcome of the ACTA negotiations moderated or removed many of the most controversial provisions in the agreement and thus has alleviated many of the concerns about the impact of ACTA on Canadian copyright law. Canada has taken the first steps toward satisfying ACTA’s copyright obligations with Bill C-11, the Copyright Modernization Act, which addresses some of the agreement’s digital copyright measures. Some legislative change still remains before Canada will have fully met ACTA’s copyright obligations, in particular to enhance the powers of customs and border authorities to enforce intellectual property rights. This article discusses ACTA’s evolution, negotiations, final text, and the extent of its rightsholder orientation. It then details the differences between ACTA’s provisions and the current Canadian Copyright Act, as amended by the Copyright Modernization Act, identifies which obligations in ACTA require further amendment, and suggests how these obligations may best be implemented to reflect important values and principles underlying Canadian copyright law.