Intermediary Liability And Trade In Follow On Innovation
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Intermediary Liability And Trade In Follow On Innovation
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Author : Alexander Cuntz
language : en
Publisher: WIPO
Release Date : 2021-10-12
Intermediary Liability And Trade In Follow On Innovation written by Alexander Cuntz and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-12 with Law categories.
Liability rules affect the incentives of intermediaries to disseminate and curate creative works, in particular when works build on the work of predecessors and they are potentially infringing copyright. In an application to the visual arts, we show that appropriation artists borrow images from different sources and incorporate them into new, derivative works of art. By doing so, they risk infringing copyright but also put commercial trade and availability of the work at litigation risk as liability can extend to intermediaries in markets (auction houses) or in public exhibitions (museums). Using a differences-in-differences model and unique data on the level of the individual art work, we empirically investigate the impact of the prominent 2013 Cariou v. Prince U.S. court decision on trade and availability in Appropriation Art.
Oxford Handbook Of Online Intermediary Liability
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2020-05-04
Oxford Handbook Of Online Intermediary Liability written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-04 with Law categories.
To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.
Injunctions Against Intermediaries In The European Union
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Author : Martin Husovec
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-30
Injunctions Against Intermediaries In The European Union written by Martin Husovec and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.
Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union
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Author : Husovec, Martin
language : en
Publisher: Cambridge University Press
Release Date :
Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union written by Husovec, Martin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Oxford Handbook Of Online Intermediary Liability
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Author : Giancarlo Frosio
language : en
Publisher: Oxford University Press
Release Date : 2020-05-04
Oxford Handbook Of Online Intermediary Liability written by Giancarlo Frosio and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-04 with Law categories.
To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.
Mechanisms To Enable Follow On Innovation
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Author : Alina Wernick
language : en
Publisher: Springer Nature
Release Date : 2021-05-13
Mechanisms To Enable Follow On Innovation written by Alina Wernick and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Law categories.
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Breakthrough Technologies Semiconductor Innovation And Intellectual Property
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2015
Breakthrough Technologies Semiconductor Innovation And Intellectual Property written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Semiconductor technology is at the origin of today’s digital economy. Its contribution to innovation, productivity and economic growth in the past four decades has been extensive. This paper analyzes how this breakthrough technology came about, how it diffused, and what role intellectual property played historically.
The Informal Economy Innovation And Intellectual Property Concepts Metrics And Policy Considerations
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Author : Jeremy de Beer
language : en
Publisher: WIPO
Release Date : 2013
The Informal Economy Innovation And Intellectual Property Concepts Metrics And Policy Considerations written by Jeremy de Beer and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
The authors connect concepts, definitions and data regarding the informal economy, innovation, and intellectual property in order to establish a framework for further qualitative and quantitative research and the improvement of public policies in respect of these issues.
Research Handbook On Intellectual Property And Digital Technologies
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Author : Tanya Aplin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-01-31
Research Handbook On Intellectual Property And Digital Technologies written by Tanya Aplin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-31 with Law categories.
This 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.
Economic Crisis And Rule Reconstruction
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Author : Deming Chen
language : en
Publisher: World Scientific
Release Date : 2016-09-08
Economic Crisis And Rule Reconstruction written by Deming Chen and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-08 with Business & Economics categories.
The 2008 global economic crisis resulted in many new changes in global economic governance, multilateral trading system, the Group20 major economies, regional economic cooperation and other international governance platforms. Countries around the world have begun a complex battle to make sure rules are changed in their favor. Furthermore, rule reconstruction has a definite and profound impact on the international economic situation and national trade interests. This book by Former Chinese Minister of Commerce Chen Deming, aims to highlight the focal issues of the competition and negotiations with a panoramic depiction of the complicated state of international economic and trade rule reconstruction. The chapters in the book discuss rules of global governance, reflect on the crisis rarely seen in the past century, and raise the proposition of rule reconstruction. They also focus on multilateral trading system, regional economic cooperation and related international financial rules. Detailed deliberations on various kinds of trade rules including rules of services trade, government procurement, intellectual property, investment, international development cooperation, etc are also dealt with. Lastly, the book provides an outlook on the path, direction and key issues of international economic rule reconstruction, and offers recommendations on China's engagement.