scholarly journals Documenting the copyright sphere: can festivals solve the problem of copyright clearance for documentaries?

2019 ◽  
Vol 9 (4) ◽  
pp. 452-470
Author(s):  
Oğulcan Ekiz
Keyword(s):  
Intellectual Property ◽  
Documentary Film ◽  
Property Law ◽  
International Level ◽  
Policy Perspective ◽  
Copyright Policy ◽  
Intellectual Property Law ◽  
Copyright Clearance ◽  
Starting Point ◽  
Limitations And Exceptions

The starting point of this article is a short documentary film that I and five colleagues produced in the course of the Business of Film module at Queen Mary University of London's Intellectual Property Law LLM Programme. During the process of production, we faced some borderline issues regarding our unauthorized uses of others’ copyright works. When we put ourselves into the copyright's author's shoes, three problems arose regarding our use of possible limitations and exceptions: the lack of guidance; the fear of liability; and the unharmonized status of limitations and exceptions at an international level. This article examines these problems from a copyright policy perspective and invites documentary festivals to undertake a mission of guiding new documentary directors through the complex, unharmonized world of copyright limitations and exceptions.

The Relationship Between Intellectual Property and Administrative Law

2021 ◽  
pp. 109-120
Author(s):  
Laurent Manderieux
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Direct Consequence ◽  
Administrative Law ◽  
Property Law ◽  
International Level ◽  
Intellectual Property Law ◽  
Law And Policy ◽  
The Relationship ◽  
Research Analysis

Intellectual property and administrative law entertain a long-standing, though ambiguous relationship. Intellectual property rights (IPR) depend on a number of institutions, and primarily from intellectual property offices granting several of them, which fall into the administrative structure of each country. The direct consequence of the relevance of administrative law for the research, analysis, and understanding of intellectual property law is that certain IP-related questions cannot be properly addressed without using the tool provided by administrative law. Indeed, intellectual property and administrative law partly overlap, as both branches of law are nationally characterized and country-specific, changing from country to country, and both have experienced significant changes related to globalization from the national to the international level. The growing regulation of intellectual property at the international level has somehow brought about an expansion of the intersection between intellectual property and administrative law and procedures. Therefore, complete, thorough research on intellectual property law and policy must take into account the conceptual tools and categories elaborated in administrative law.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

Concurrent Liability in Contract and Intellectual Property Law: Licensing Agreements in Light of Case C-666/18 IT Development SAS

2020 ◽  
Vol 69 (10) ◽  
pp. 989-997
Author(s):  
Jens Schovsbo ◽  
Thomas Riis
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Contract Law ◽  
Basic Question ◽  
Copyright Holder ◽  
Property Law ◽  
Eu Law ◽  
Freedom Of Choice ◽  
Intellectual Property Law ◽  
Starting Point

Abstract It is the starting point in some jurisdictions that if a licensing agreement has been breached, the licensor may choose to establish their claims against the licensee on the basis of either contract or intellectual property law. This article argues that such a starting point should not be upheld. Not least because of developments in EU law, the intellectual property rights (IPR) system contains special remedies and procedures, which systematically and unilaterally benefit one of the parties to a contract, viz. the rightholder (licensor). The ability to have recourse against a contractual party via IPR instead of contract law ought to be limited as far as possible, i.e. restricted to those instances where this is prescribed by law. In the recent judgment of the CJEU, C-666/18 IT Development SAS, the Court held that a copyright holder/licensor must be able to rely on the remedies and procedures of the Enforcement Directive (IPRED). Consequently, freedom of choice between contract and IPR law is guaranteed in this respect. It is notable that this judgment deals exclusively with IPRED and does not have any broader effect in relation to the basic question of choice between contract and IPR law outside of the scope of the IPRED. Therefore, freedom of choice could still be limited, and licensees shielded against the special remedies and procedures which are at rightholders’ disposal outside of the IPRED.***

PROSPECTS FOR THE DEVELOPMENT OF COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY UNDER DIGITALIZATION

2020 ◽  
Author(s):  
Тамила Магомедовна Нинциева
Keyword(s):  
Intellectual Property ◽  
International Cooperation ◽  
Property Law ◽  
International Level ◽  
Intellectual Property Law ◽  
Effective System

Развитие и защита института интеллектуальной собственности имеет значение на международном уровне, в связи с чем вопросы международного сотрудничества обретают все большую значимость. В статье рассматриваются вопросы развития эффективной системы права интеллектуальной собственности в отдельных странах и особенности их взаимодействия. The development and protection of the institution of intellectual property is important at the international level, and therefore the issues of international cooperation are becoming increasingly important. The article discusses the development of an effective system of intellectual property law in individual countries and the features of their interaction.

scholarly journals Does Pakistan’s Intellectual Property Law Conform to International Intellectual Property Law? An Overview

2020 ◽  
Vol 7 (2) ◽  
pp. 245-255
Author(s):  
Ghulam Murtiza
Keyword(s):  
Intellectual Property ◽  
International Standards ◽  
Institutional Framework ◽  
Property Law ◽  
International Level ◽  
Intellectual Property Law

Piracy and counterfeiting are not a problem of any one country or region but these evils have engulfed the whole world. That’s why in the presence of these evils we are unable to take advantage of the benefits of intellectual property. To eradicate these evils, each country has its own laws in accordance with international intellectual property law. Pakistan also has intellectual property laws. This research seeks to determine whether Pakistan’s intellectual property law is in line with international intellectual property law. For this purpose, an overview of legal and institutional framework for intellectual property in Pakistan and at international level has been taken. This study concludes that Pakistan’s intellectual property law conforms to international standards and the only requirement is that these laws be enforced effectively.

Holyoak and Torremans Intellectual Property Law

2019 ◽  
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Real Life ◽  
Trade Mark ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Recent Developments ◽  
Ninth Edition ◽  
The Subject ◽  
The Law

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.

scholarly journals The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work

2021 ◽  
Vol 4 (1) ◽  
pp. 34-45
Author(s):  
Nguyen Thai Cuong ◽  
Nguyen Duc Nguyen Vy
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Law ◽  
Property Law ◽  
Berne Convention ◽  
Member States ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Exceptions And Limitations ◽  
Limitations And Exceptions

Abstract The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.

Australian Intellectual Property Law

2008 ◽  
Author(s):  
Mark J. Davison ◽  
Ann L. Monotti ◽  
Leanne Wiseman
Keyword(s):  
Intellectual Property ◽  
Property Law ◽  
Intellectual Property Law
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