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When an Original Is Not Original - The originality requirement in Belgian law (Hardcover)
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When an Original Is Not Original - The originality requirement in Belgian law (Hardcover)
Series: KU Leuven Centre for IT & IP Law Series, 4
Expected to ship within 12 - 17 working days
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Originality is an important element in different branches of law.
For instance, under Belgian contract law, a written mutual
agreement must be drafted in as many originals as there are
parties. In other branches of law, there are requirements for the
preservation of original documents. However, while originality may
be an element common to different branches of law, there are clear
indications that the precise meaning of this notion may be rather
divergent between them. Moreover, the introduction of digital
processes in many aspects of law has provided another dimension to
this matter, as originality remains a difficult element to apply in
the realm of electronic information.Currently, there are little to
no guidelines on how to establish when electronic information is
original and when it is not. Therefore, it is the aim of this book
to analyse a select number of incarnations of the originality
requirement in different branches of Belgian law in order to
establish whether common elements or a common root can be found.
These findings will subsequently be applied to the practice of
digitalization in law in order to gain a better understanding of
how the concept of originality should be interpreted in this
matter.At a time when issues arising from digitalization in law are
increasingly prevalent, this book aims to provide the reader with
an examination of the current situation and attempts to find a
uniform legal definition for the concept of originality that would
be applicable across different branches of law.
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