Protection of Limitations and Exceptions in the International Copyright Framework

2021 ◽  
pp. 91-108
Author(s):  
Sam Ricketson
Keyword(s):  
Limitations And Exceptions

Obesity and adiposity: the culprit of dietary protein efficacy

2020 ◽  
Vol 134 (4) ◽  
pp. 389-401
Author(s):  
Carla El-Mallah ◽  
Omar Obeid
Keyword(s):  
Food Intake ◽  
Behavioural Change ◽  
Physiological Mechanism ◽  
Short Term ◽  
The Past ◽  
Body Adiposity ◽  
Reduce Sugar ◽  
Eye Opening ◽  
Potential Strategy ◽  
Limitations And Exceptions

Abstract Obesity and increased body adiposity have been alarmingly increasing over the past decades and have been linked to a rise in food intake. Many dietary restrictive approaches aiming at reducing weight have resulted in contradictory results. Additionally, some policies to reduce sugar or fat intake were not able to decrease the surge of obesity. This suggests that food intake is controlled by a physiological mechanism and that any behavioural change only leads to a short-term success. Several hypotheses have been postulated, and many of them have been rejected due to some limitations and exceptions. The present review aims at presenting a new theory behind the regulation of energy intake, therefore providing an eye-opening field for energy balance and a potential strategy for obesity management.

scholarly journals Differences in Immaterial Details: Dimensional Conversion and Its Implications for Protecting Digital Designs Under EU Design Law

2021 ◽  
Vol 52 (2) ◽  
pp. 137-168
Author(s):  
Mikko Antikainen
Keyword(s):  
Legal Status ◽  
3D Design ◽  
Gaming Industry ◽  
Open Questions ◽  
More Care ◽  
Design Law ◽  
Physical Shape ◽  
Limitations And Exceptions ◽  
Scope Of Protection ◽  
The Eu

AbstractThe paper considers three main questions: the legal status of digital designs from the perspective of EU design law, whether the protection is tied to the reproduction of physical products, and whether the scope of protection covers dimensional conversion such as using a 3D design in 2D form or vice versa. There are two sets of views regarding dimensional conversion: the “abstract” and the “concrete” view. These two different attitudes towards the scope of protection influence the manner in which the protectability of digital designs is assessed. In the “abstract” protection, it would not matter whether a product only exists as a digital image and not as a physical shape. In the “concrete” view, the protection of digital designs is more problematic, as the scope of protection is often tied to the reproduction of an actual physical product. The paper argues that, under CJEU jurisprudence and EUIPO practice, most of the open questions regarding the protection of digital designs and dimensional conversion can be considered as solved. The CJEU has chosen “abstract” protection over “concrete”, thus broadening the scope of protection at the EU level. This means that the digital use of non-digital designs can now be seen as infringing. As a consequence, in the future, right holders should put more care into evaluating the limitations and exceptions. The paper points this out with regard to the issues that are of relevance for the gaming industry, as this is where the use of digital designs is most versatile and relevant.

scholarly journals VII.—On the Use of the Term Neocomian

1870 ◽  
Vol 7 (71) ◽  
pp. 220-227 ◽  
Author(s):  
John W. Judd
Keyword(s):  
Natural Science ◽  
The Law ◽  
Limitations And Exceptions

The confusion which has of late years resulted from the multiplication of names for the same geological stratum, formation, or system, sufficiently indicates the necessity for the adoption of certain rules by which our geological nomenclature may be reformed and brought into a state of something like uniformity. When this necessity is acknowledged, but little doubt can arise as to the principles on which such rules must be based; the law of priority, with certain necessary limitations and exceptions, will be made to govern the terminology of Geology, as it already does that of almost every other Natural Science.

scholarly journals What is Left of User Rights? – Algorithmic Copyright Enforcement and Free Speech in the Light of the Article 17 Regime

2020 ◽  
Author(s):  
Sebastian Felix Schwemer ◽  
Jens Schovsbo
Keyword(s):  
Free Speech ◽  
Fundamental Rights ◽  
Free Expression ◽  
Online Content ◽  
Central Importance ◽  
Clear View ◽  
Content Sharing ◽  
Limitations And Exceptions ◽  
Copyright Enforcement ◽  
Primary Channel

Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made ‘best efforts’ to obtain an authorization and prevent the availability of unlicensed works. At the same time, the Directive has made it clear that users of protected works shall be able to rely on the existing limitations and exceptions regarding quotation, criticism and review and caricature, parody or pastiche. The Directive even casts these limitations and exceptions as user rights. This paper points out that copyright’s limitations and exceptions have traditionally consti- tuted a corner stone in the internal balancing of the interests of users against rights holders and with a clear view of safeguarding the interests of free expression and information protected by the Charter. Given the overall purpose of the DSM Directive in strengthening the position of rights holders, there is a dire risk that the benefits of the limitations and exceptions evaporate in the attempts of platform operators to escape liability by use of algorithmic enforcement. The article uses the recent decisions of the CJEU in Pelham, Funke Medien and Spiegel Online to draw attention to the central importance of the limitations and exception as the primary channel for fundamental rights analyses in copyright. It is finally pointed out how the DSM Directive –despite of its on-the-paper recognition of users’ rights– is most likely going to lead to a devaluation of those same rights.

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired.  This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.  Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material.  The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

The Implications of TRIPs ’ Criminal Provisions on Copyright Exception for Education in Ethiopia: A Critical Approach from a Human Rights Perspective

2021 ◽  
Vol 29 (2) ◽  
pp. 263-287
Author(s):  
Sileshi B. Hirko
Keyword(s):  
Human Rights ◽  
Tertiary Education ◽  
Developed Countries ◽  
Critical Approach ◽  
Right To Education ◽  
Learning Materials ◽  
Criminal Sanctions ◽  
Copyright Exception ◽  
Limitations And Exceptions ◽  
The Right

It is undisputed that education is instrumental both for socio-economic development and the enjoyment of other fundamental human rights. In particular, a tertiary education is very critical for less developed countries (LDCs) such as Ethiopia where education is considered a vital tool for sustainable development. Nonetheless, a quality tertiary education depends, inter alia, upon sufficient access to most copyrighted learning materials through a balanced copyright system with adequate room for flexibility. In fact, the tension between copyright protection and the right to education is integral to the global debate between intellectual property and human rights regimes. Despite its compelling socio-economic needs and its human rights obligation that dictate a broader room for flexibility, Ethiopia has adopted a very restrictive copyright system with a narrow set of limitations and exceptions (L&Es) for education. Further, both its copyright and criminal laws prescribe severe criminal sanctions for any act of copyright infringement. In so doing, Ethiopia has taken a legislative approach that exacerbates the problems related to both TRIPs’ implementation and access to learning materials. In the absence of a concrete step to rethink the approach, the effective utilisation of the constrained exception for education will be further undermined by TRIPs’ criminal enforcement in disregard of the socio-economic contexts of the country.

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