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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
As any chef will tell you, cooking and food preparation is a creative, sometimes innovative, endeavor. Much thought and time is invested in selecting ingredients, developing the process for preparing the dish, and designing an interesting or appealing look and feel for a food item. If this is...
Persistent link: https://www.econbiz.de/10014087173
The transformation of Indian patent law after the country's accession to the World Trade Organization had been keenly … watched by scholars around the world. This paper deals with the various stages involved in the process and how India tried to …
Persistent link: https://www.econbiz.de/10014135250
Defining a method for calculating the value of copyrights and related rights is crucial for the audiovisual works as well as the media industry in the climate of the new economy. It is a cross-disciplinary problem, as it reflects both legal aspects of streaming and business strategic management...
Persistent link: https://www.econbiz.de/10013309278
The trade-off between the harms of copyright infringement and the harms to innovation from overzealous enforcement have been central to the copyright debate for decades. US courts have tried to fashion a body of law that strikes a balance between these dangers. Two related trends in copyright...
Persistent link: https://www.econbiz.de/10013226815
The emergence and development of global business activities, and the inception of the Internet have resulted in the creation of a new field of legal studies concerning cross-border enforcement of intellectual property (IP) rights. This novel area of law is known as private international law and...
Persistent link: https://www.econbiz.de/10013215023
Public international law scholarship has developed metatheories to account for power. However, few scholars have tested these theories in contemporary problems involving both private and public international law. By examining global intellectual property problems, this article clarifies a...
Persistent link: https://www.econbiz.de/10014224047
In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...
Persistent link: https://www.econbiz.de/10013220201
This paper explores how regulatory responses to emerging IP issues in digital trade may develop at the international level and in particular how existing mechanisms might influence the chances of developing internationally agreed rules in this regard. The primacy of state sovereignty in...
Persistent link: https://www.econbiz.de/10012884396
This paper charts the evolution and diversification of trade in knowledge that has taken place in the quarter-century since the WTO TRIPS Agreement came into force. Entirely new markets have come into being, potentially redefining the very character of 'trade'.
Persistent link: https://www.econbiz.de/10012884400