scholarly journals Droit de Suite – The Artists’ Resale Right

2012 ◽  
pp. 71-75
Author(s):  
Anthony O’Dwyer
Keyword(s):  
Intellectual Property ◽  
English Translation ◽  
Copyright Law ◽  
Property Law ◽  
Future Success ◽  
Traditional Sense ◽  
First Sale ◽  
Definition Of ◽  
The Right ◽  
Droit De Suite

This article looks at the droit de suite, which is a legally recognised right that forms part of copyright law and more widely, intellectual property law. The article reviews the present restrictive application of the law, analyses the definition of the “artist” and discusses the merit of a wider interpretation and application of the droit de suite. The English translation of droit de suite literally means the ‘right to follow’ and, in the context of the artists’ resale right, it allows artists to follow the future success of their artistic works. This future success involves an economic entitlement that the artist may participate in. In practical terms this means that, after the first sale of the artistic work, every subsequent public sale, for instance through a dealer or a gallery, is subject to a sort of royalty. Royalties in the traditional sense entitle various types of artistic creators, such as ...

scholarly journals Bioprinting and culture of tissues and organs in the BRICS countries (on the example of Brazil, India, China, and South Africa): approaches of legislation on intellectual property

2020 ◽  
pp. 35-57 ◽  
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Intellectual Property ◽  
3D Printing ◽  
Legal Regulation ◽  
Copyright Law ◽  
Comprehensive Analysis ◽  
Patent Law ◽  
Property Law ◽  
Medical Technologies ◽  
Brics Countries ◽  
The Right

This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.

scholarly journals The Audience in Intellectual Property Infringement

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Copyright Law ◽  
Patent Law ◽  
Legal Rules ◽  
Definition Of ◽  
The Right ◽  
Intellectual Property Infringement

Every IP right has its own definition of infringement. In this paper, wesuggest that this diversity of legal rules is largely traceable todifferences in the audience in IP cases. Patent, trademark, copyright, anddesign patent each focus on a different person as the fulcrum forevaluating IP infringement. The fact that patent law focuses on an expertaudience while trademark looks to a consumer audience explains many of thedifferences in how patent and trademark cases are decided. Expert audiencesare likely to evaluate infringement based on the technical similaritybetween the plaintiff’s and defendant’s works. Consumers, by contrast, arelikely to pay more attention to market substitution and less attention tohow things work under the hood. Understanding the different audiences in IPinfringement is critical to understanding how the IP regimes defineinfringement.The focus on audience has normative as well as descriptive implications.Neither patent law, with its focus on experts and technical similarity, nortrademark law, with its market-based consumer focus, has it entirelycorrect. Rather, we suggest that as a general matter infringement of an IPright should require both technical similarity and market substitution.Assessing infringement through the expert’s eyes ensures that the lawprevents closely related works in the field while allowing latercontributions to the field that are sufficiently different. The consumervantage point ensures that we protect IP owners only when they have beenharmed in the marketplace.IP owners who want to show infringement should have to show both that thedefendant’s work is technically similar to their own from the expert’svantage point and that the defendant’s use causes the plaintiff marketharm. Copyright law, which does look both to experts and to consumers atvarious points in infringement analysis, is on the right track.

scholarly journals The concept of real losses as a component of the concept of losses in the sphere of intellectual property: category of law and economics

2021 ◽  
pp. 77-86
Author(s):  
Ihor Shulpin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Law And Economics ◽  
Civil Code ◽  
Property Law ◽  
Intellectual Property Law ◽  
Definition Of ◽  
The Right ◽  
Real Losses

Keywords: real losses, intellectual property rights, object of intellectual propertyrights, subject of intellectual property rights, right to own, use and dispose of intellectualproperty rights, contractual obligations, non-contractual legal relations This article provides an analysis and formulation of the category of «real losses» in thefield of intellectual property. The categories of «real losses» in relation to the propertysphere and the sphere of intellectual property are analysed and justified.First, the author will consider the concept of «real losses» in the property sphere,which was previously studied by many well-known legal scholars and lawyers. Further,we are talking about the structure and Element-by-Element composition of reallosses. Then, the concept of incurred and future expenses is considered.The author notes that everything that concerns the property sphere will also applyto the sphere of intellectual property to a certain extent, but a significant differencewill be that real losses in these areas apply to different subjects, objects and rights. After that, the author will try to provide and analyse the definition of the concept of«real losses» for regarding the sphere of intellectual property.Further, the author focuses on the concept of intellectual property law, the subjectof intellectual property rights, intellectual property rights, objects of intellectualproperty rights under the Civil Code of Ukraine. Also, the article deals with such conceptsas the rights of the owner of rights: the right to own, the right to use and theright to dispose. Further, we are talking about real expenses in the field of intellectualproperty.Summing up the theoretical material presented above and taking into account thechanges of the author that he proposed, the definition of the concept of "real losses" inthe field of intellectual property is given.According to the author, such a legal norm could be included in the fourth book«Intellectual Property Law», Chapter 35 «general provisions on intellectual propertylaw» of the Civil Code of Ukraine, in the article on losses.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals BENEFITS AND LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Njegoslav Jović
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
State Courts ◽  
Property Law ◽  
International Arbitration ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Primary Activity ◽  
Court Proceedings ◽  
The Right

In this paper, the author analyzes the benefits and limitationsof international arbitration in disputes that are subject to intellectual propertyrights. Intellectual property law disputes have special characteristics. In theevent of a dispute with an international element, there is a problem with thejurisdiction of state courts due to the principle of the territoriality of intellectualproperty rights. The titular of the right must initiate court proceedings in allcountries individually, leading to delays in procedures, multiplication of costsand uneven judicial practice. For these reasons, the author analyzes alternativedispute resolution through arbitration to determine whether this method ofdispute resolution is more acceptable to foreign courts.The author particularly pays attention to the WIPO Center for Arbitrationand Mediation as a permanent arbitration institution whose primary activity isthe resolution of disputes in the field of intellectual property rights.

Beijing IP Court clarifies standard of infringement for moral right of integrity

2020 ◽  
Vol 15 (3) ◽  
pp. 156-157 ◽  
Author(s):  
Jing Yang
Keyword(s):  
Intellectual Property ◽  
Copyright Law ◽  
District Court ◽  
The Right

Abstract Muye Zhang v China Film Co. LTD, Chuan Lu, Dream Author Film Co., Letv Film Co., No 587 (2016), Civil Final Instance, Beijing Intellectual Property Court, 8 August 2019 In Muye Zhang v China Film Co. LTD, et al, the Beijing Intellectual Property Court reversed the decision of Beijing Xicheng District Court and reiterated that ‘prejudice to author’s honour or reputation’ is not a prerequisite for infringement of the right of integrity under Article 10(4) of Copyright Law; in so doing, the court provided some much-needed guidance on evaluating a claim for infringement of the said right.

scholarly journals An Autonomous EU Functionality Doctrine for Shape Exclusions

2020 ◽  
Vol 69 (6) ◽  
pp. 567-577
Author(s):  
Uma Suthersanen ◽  
Marc D Mimler
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Public Interest ◽  
Subject Matter ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
The European Union ◽  
Court Of Justice ◽  
Functionality Doctrine

Abstract Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary provisions within design and trade mark laws. More recently, European jurisprudence within copyright law in relation to conditions of protection has imported the same considerations so as to regulate the protection of shapes of products. This article explores the multitude of doctrinal and policy reasons underpinning shape exclusions and argues that the Court is consciously creating an EU autonomous functionality doctrine within intellectual property law. We also argue that the Court is building a European macro-rationale within these laws namely to ensure that protection does not unduly restrict market freedom and competition.

scholarly journals Traditional Cultural Expressions and International Intellectual Property Law

2019 ◽  
Vol 47 (1) ◽  
pp. 6-12
Author(s):  
Lily Martinet
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Doctoral Research ◽  
Essential Questions ◽  
Cultural Expressions ◽  
Definition Of ◽  
Traditional Cultural Expressions

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

scholarly journals Information Technology and the Law

HortScience ◽  
1996 ◽  
Vol 31 (4) ◽  
pp. 697e-697
Author(s):  
Roy Collins
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Direct Relationship ◽  
Freedom Of Speech ◽  
Copyright Law ◽  
Property Law ◽  
National Information Infrastructure ◽  
Governmental Regulation ◽  
National Information ◽  
The U.S

This paper explores fundamental doctrines of law which increasingly constitute the rules of commerce in deploying the National Information Infrastructure (NII). Particular attention is given to efforts made within the U.S. government to ensure that an appropriate regime of intellectual property law is in place in promoting U.S. leadership in the information-based marketplace. The direct relationship between U.S. copyright law and the networked dissemination of software, audio, graphical and textual works is consequently explored. Also described is the effect of developments in information technology upon the frequently opposing interests of freedom of speech, right to privacy, and governmental regulation.

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