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Author | : Péter Mezei |
Publisher | : Cambridge University Press |
Total Pages | : 271 |
Release | : 2022-02-24 |
Genre | : Law |
ISBN | : 1108910246 |
Download Copyright Exhaustion Book in PDF, ePub and Kindle
In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.
Author | : Péter Mezei |
Publisher | : Cambridge University Press |
Total Pages | : 225 |
Release | : 2018-02-15 |
Genre | : Law |
ISBN | : 1107193680 |
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A comprehensive, comparative analysis of the European and US approaches to the exhaustion doctrine in the offline and online world.
Author | : Shubha Ghosh |
Publisher | : Cambridge University Press |
Total Pages | : 231 |
Release | : 2018-11-08 |
Genre | : Law |
ISBN | : 110711585X |
Download Exhausting Intellectual Property Rights Book in PDF, ePub and Kindle
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Author | : Paul Torremans |
Publisher | : Edward Elgar Publishing |
Total Pages | : 553 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 1848440219 |
Download Copyright Law Book in PDF, ePub and Kindle
. . . this book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright. New Zealand Law Journal Copyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area. The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field. Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.
Author | : Irene Calboli |
Publisher | : Edward Elgar Publishing |
Total Pages | : 584 |
Release | : 2016-06-24 |
Genre | : Law |
ISBN | : 1783478713 |
Download Research Handbook on Intellectual Property Exhaustion and Parallel Imports Book in PDF, ePub and Kindle
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Author | : Shubha Ghosh |
Publisher | : Cambridge University Press |
Total Pages | : 231 |
Release | : 2018-11-08 |
Genre | : Law |
ISBN | : 1108577466 |
Download Exhausting Intellectual Property Rights Book in PDF, ePub and Kindle
Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.
Author | : Jorge L. Contreras |
Publisher | : Cambridge University Press |
Total Pages | : 951 |
Release | : 2022-06-30 |
Genre | : Law |
ISBN | : 1316518035 |
Download Intellectual Property Licensing and Transactions Book in PDF, ePub and Kindle
A comprehensive and practical textbook in the field of intellectual property licensing.
Author | : Roberto Caso |
Publisher | : Springer |
Total Pages | : 147 |
Release | : 2014-11-19 |
Genre | : Law |
ISBN | : 3662446480 |
Download Balancing Copyright Law in the Digital Age Book in PDF, ePub and Kindle
This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.
Author | : Santanu Mukherjee |
Publisher | : BRILL |
Total Pages | : 351 |
Release | : 2023-03-13 |
Genre | : Law |
ISBN | : 9004542817 |
Download Patent Exhaustion and International Trade Regulation Book in PDF, ePub and Kindle
This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Author | : Kung-Chung Liu |
Publisher | : Bloomsbury Publishing |
Total Pages | : 317 |
Release | : 2019-11-28 |
Genre | : Law |
ISBN | : 1509922784 |
Download The Future of Asian Trade Deals and IP Book in PDF, ePub and Kindle
The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.