In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law:
Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
1 Introduction, 1.1 Conflict of Laws Concerns in Intellectual Property 1.2 Subject-matter and Scope of this Study 1.3 Some Words on Terminology 1.4 Plan 2 Characteristics of the Choice-of-Law Process 2.1 Introduction 2.2 Objectives of Choice of Law 2.3 The Development of Choice of Law 2.4 Characteristics of the Present Day Allocation Method 2.5 Conclusions 3 Foreigners in International Copyright and Related Rights 3.1 Introduction 3.2 Foreign Authors Prior to The Berne Convention 3.3 The Foreigner in the Berne Convention 3.4 Post-Berne Convention Copyright and Related Rights Treaties 3.5 Conclusions 4 The Choice-of-Law Calibre of Copyright and Related Rights Treaties 4.1 Introduction 4.2 Lex Fori 4.3 Lex Protectionis 4.4 Lex Originis 4.5 Conclusions 5 The Rationale of Copyright and Related Rights Law 5.1 Introduction 5.2 Trends in the Information Markets and Technology 5.3 Legal Characteristics of Copyright and Related Rights 5.4 Legal Basis of Copyright and Related Rights 5.5 Policies Underlying Limitations 5.6 Conclusions 6 Conflict Rules for Modem Copyright and Related Rights 6.1 Introduction 6.2 Existence, Scope and Duration 6.3 Initial Ownership 6.4 Transfer of Copyright and Related Rights 6.5 Infringement 6.6 Conclusions 6.7 Effectuating Alternatives to the Lex Protectionis APPENDICES I Samenvatting II Abbreviations III Bibliography IV Table of cases V Index
NEW online service - Kluwer IP LawRead more»
New: Introduction to the Unitary Patent and the Unified Patent Court. Order Your Copy Now...Read more»
Twitter and Wolters Kluwer. Follow the latest News on Twitter. Follow us here...Read more»
Now Available: eBooks...from Wolters KluwerRead more»
NEW: Kluwer Corporate Counsel Dispute Resolution is a new online service specifically designed...Read more»
New Blog on Mediation, join the experts.Read more»
New Blog on Copyright Law, join the experts...Read more»
Sign up here to receive our Monthly Newsletter