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Vol 21 No 10 Oct/Nov 2016

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Law Applicable to Copyright: A Comparison of the ALI and CLIP Proposals

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ISBN13: 9780857934284
Published: September 2011
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £83.00



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This book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute (ALI) and the European Max Planck Group for Conflict of Laws and Intellectual Property (CLIP). In particular, the book analyzes how the territoriality principle and the lex loci protectionis rule are applied in traditional, broadcasting and online cases in selected European and US jurisdictions. It then evaluates whether the rules on ubiquitous infringement, de minimis, initial ownership and party autonomy rule, as proposed by the ALI and CLIP Group, address the identified problems. This detailed and thorough study will appeal to academics, researchers, postgraduate and doctorate students in intellectual property and international private law, as well as EU and international policy makers in the field of intellectual property and international private law.

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Subjects:
Intellectual Property Law
Contents:
Preface Introduction 1. Background 2. Problems 3. Goal and Scope 4. Methodology and Structure General Part: Status Quo 5. Main Rules 6. Evaluation and Alternatives Specific Part: ALI and CLIP Proposals 7. Introduction to the ALI and CLIP Proposals 8. Lex Loci Protectionis and the Territoriality Principle 9. De Minimis Rule 10. Ubiquitous Infringements Rule 11. Initial Ownership 12. Party Autonomy Conclusions