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Copyright generally refers to the right granted for the protection of literary, dramatic, musical and artistic works … the protection of performers, producers, broadcasters etc. In some laws, however, the term copyright is used to cover both … categories of rights as sui generis rights. These are rights which may be regarded as different in nature from copyright and …
Persistent link: https://www.econbiz.de/10014143418
The main concern of this preliminary research is to establish the place of the intellectual property rights within the classical classification of rights used by theory of law, in rights in rem and rights in personam, or as they were called by Wesley Newcomb Hohfeld, multital rights and paucital...
Persistent link: https://www.econbiz.de/10014143427
Intellectual property systems all over the world are modeled on the one-size-fits-all principle. However important or unimportant, inventions and original works of authorship receive the same scope of protection, for the same period, backed by the same variety of legal remedies. Metaphorically...
Persistent link: https://www.econbiz.de/10014148309
Intellectual Property Rights (“IPR”) can be regarded as an incentive for an inventor or an author, granted or recognized by a state. IPR are enforceable erga omnes within the boundaries of the state. Member States of the Paris Convention Union and other relevant conventions are expected to...
Persistent link: https://www.econbiz.de/10013231681
Prices for pharmaceutical products over the last 10 years have skyrocketed, increasing far more rapidly than the general cost of living. This article argues there should be greater competition for the production of follow-on drugs through the strengthening of the double patenting prohibition:...
Persistent link: https://www.econbiz.de/10013002400
By regulating the author's moral rights, it was certainly wished to emphasize the fact that the entire intellectual property regulatory system has not been set for the “enrichment” of the commerce with new intangible assets or for clarifying the legal status of this category of intangible...
Persistent link: https://www.econbiz.de/10013050328
interfaces often view each interface as a special case deserving unique treatment under the law. The doctrines of copyright and … patent misuse are cases in point: they graft select antitrust principles onto copyright or patent law, even though there is … approaches, such as the doctrines of copyright or patent misuse, using the basics results in easier to apply rules for resolving …
Persistent link: https://www.econbiz.de/10014073451
Commentators have poured forth a loud and sustained outcry over the past few years that sees property rule treatment of intellectual property (IP) as a cause of excessive transaction costs, thickets, anticommons, hold-ups, hold-outs, and trolls, which unduly tax and retard innovation,...
Persistent link: https://www.econbiz.de/10014184286
Intellectual property moral rights must be carefully studied by the business community, which could easily and wrongly believe that the intellectual property business involves only intellectual property economic rights. This paper represent an introduction meant to reveal a contrasting legal and...
Persistent link: https://www.econbiz.de/10014143120
Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more...
Persistent link: https://www.econbiz.de/10014143121