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Vol 23 No 11 Nov/Dec 2018

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Choice of Law in Copyright and Related Rights: Alternatives to the Lex Protectionis

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ISBN13: 9789041120717
ISBN: 9041120718
Published: July 2003
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £95.00

Low stock.

Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights.

In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law:

  • Which exclusive rights exist in an intellectual creation and for how long;
  • Who is considered to own such right;
  • How can these rights be transferred; and
  • What continues infringement of copyright and related rights.

Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.

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Intellectual Property Law
1. Introduction, 1.1 Conflict of Laws Concerns in Intellectual Property 1.2 Subject-matter and Scope of this Study 1.3 Some Words on Terminology 1.4 Plan 2 Characteristics of the Choice-of-Law Process 2.1 Introduction 2.2 Objectives of Choice of Law 2.3 The Development of Choice of Law 2.4 Characteristics of the Present Day Allocation Method 2.5 Conclusions 3 Foreigners in International Copyright and Related Rights 3.1 Introduction 3.2 Foreign Authors Prior to The Berne Convention 3.3 The Foreigner in the Berne Convention 3.4 Post-Berne Convention Copyright and Related Rights Treaties 3.5 Conclusions 4 The Choice-of-Law Calibre of Copyright and Related Rights Treaties 4.1 Introduction 4.2 Lex Fori 4.3 Lex Protectionis 4.4 Lex Originis 4.5 Conclusions 5 The Rationale of Copyright and Related Rights Law 5.1 Introduction 5.2 Trends in the Information Markets and Technology 5.3 Legal Characteristics of Copyright and Related Rights 5.4 Legal Basis of Copyright and Related Rights 5.5 Policies Underlying Limitations 5.6 Conclusions 6 Conflict Rules for Modem Copyright and Related Rights 6.1 Introduction 6.2 Existence, Scope and Duration 6.3 Initial Ownership 6.4 Transfer of Copyright and Related Rights 6.5 Infringement 6.6 Conclusions 6.7 Effectuating Alternatives to the Lex Protectionis APPENDICES I Samenvatting II Abbreviations III Bibliography IV Table of cases V Index

Series: Information Law Series

Open Source Software and Intellectual Property Rights ISBN 9789041152282
Published June 2014
Kluwer Law International
Variable Scope of the Exclusive Economic Rights in Copyright ISBN 9789041149152
Published May 2014
Kluwer Law International
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
Copyright, Limitations and the Three-step Test ISBN 9789041122674
Published January 2004
Kluwer Law International
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
Copyright Limitations and Contracts ISBN 9789041198679
Published February 2002
Kluwer Law International
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
Copyright and Photographs: An International Survey ISBN 9789041197221
Published June 1999
Kluwer Law International
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
Challenges to the Creator Doctrine
ISBN 9789065448767
Published August 1994
Kluwer Law International