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This Research Handbook provides a scholarly and comprehensive
account of the multiple converging challenges that digital
technologies present for intellectual property (IP) rights, from
the perspectives of international, EU and US law. Despite the
fast-moving nature of digital technology, this Handbook provides
profound reflections on the underlying normative legal dilemmas,
identifying future problems and suggesting how digital IP issues
should be dealt with in the future. Written by leading
international academics, commentators and practitioners, the
Handbook is organised into clear thematic parts that address the
most prominent types of IP rights: copyrights and related rights;
patents and trade secrets; and trade mark law and designs. Chapters
analyse a range of key technologies and their impacts within these
areas, including big data, artificial intelligence, streaming,
software, databases, user-generated content, mass digitisation,
metatags, keywords and 3D printing. The Handbook concludes by
exploring issues of competition and enforcement that cut across all
of these technologies, particularly in the light of online
exploitation and infringement. Scholars and doctoral students of
law will find this Handbook an invaluable introduction and guide to
the field of digital IP. Practitioners will also find its
thoughtful coverage practically relevant. Contributors include: R.
Abbott, B. Allgrove, R. Arnold, R. Burrell, T. Cook, M. Davison, M.
Fisher, S. Ghosh, J. Ginsburg, J. Groom, M. Handler, Y. Harn Lee,
T.R. Holbrook, M. Iljadica, S. Karapapa, I. Lee, J. Lipton, D.
Llewelyn, M.F. Makeen, M.P. McKenna, D. Mendis, F. Mostert, L.S.
Osborn, T.P. Reddy, E. Rosati, S.K. Sandeen, M. Senftleben, N.
Shemtov, A. Strowel, T.E. Synodinou, K. Weatherall
This book combines extracts from major cases and secondary
materials with critical commentary to provide a complete resource
for undergraduate and postgraduate students of intellectual
property law. All areas of intellectual property law in the UK are
covered: copyright, trade marks and passing off, confidential
information, industrial designs, patent, procedure and enforcement.
This book also tackles topical areas, such as the application of
intellectual property law to new technologies and character
merchandising. While the focus of the book is on intellectual
property law in a domestic context, it provides international, EU
and comparative law perspectives on major issues. It also addresses
the wider policy implications of legislative and judicial
developments in the area.
In a path-breaking work, Tanya Aplin and Lionel Bently make the
case that the quotation exception in Article 10 of the Berne
Convention constitutes a global, mandatory, fair use provision. It
is global, they argue, because of the reach of Berne qua Berne and
qua TRIPS, and its mandatory nature is apparent from the clear
language of Article 10 and its travaux. It relates to 'use' that is
not limited by type of work, type of act, or purpose and it is
'fair' use because the work must be made available to the public,
with attribution, and the use must be proportionate and consistent
with fair practice. By explaining the contours of global, mandatory
fair use - and thus displacing the 'three-step test' as the
dominant, international copyright norm governing copyright
exceptions - this book creates new insights into how national
exceptions should be framed and interpreted.
In a path-breaking work, Tanya Aplin and Lionel Bently make the
case that the quotation exception in Article 10 of the Berne
Convention constitutes a global, mandatory, fair use provision. It
is global, they argue, because of the reach of Berne qua Berne and
qua TRIPS, and its mandatory nature is apparent from the clear
language of Article 10 and its travaux. It relates to 'use' that is
not limited by type of work, type of act, or purpose and it is
'fair' use because the work must be made available to the public,
with attribution, and the use must be proportionate and consistent
with fair practice. By explaining the contours of global, mandatory
fair use - and thus displacing the 'three-step test' as the
dominant, international copyright norm governing copyright
exceptions - this book creates new insights into how national
exceptions should be framed and interpreted.
Multimedia technology is a key component of the digital society.
This book comprehensively examines the extent to which copyright
and database right protect multimedia works. It does so from the
perspective of UK law, but with due attention being paid to EU law,
international treaties and comparative developments in other
jurisdictions, such as Australia and the U.S. The central argument
of the book is that the copyright and database right regimes are,
for the most part, flexible enough to meet the challenges presented
by multimedia. As a result, it is neither necessary nor desirable
to introduce separate copyright protection or unique protection for
multimedia works. This important and original new work will be
essential reading for any lawyer engaged in advising on
intellectual property matters relating to the new media industries,
and scholars and students working in intellectual property and
computer law.
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