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Copyright Exhaustion

Author: Péter Mezei

Publisher: Cambridge University Press

Published: 2022-02-24

Total Pages: 271

ISBN-13: 1108910246

In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.

Copyright Exhaustion

Author: Péter Mezei

Publisher: Cambridge University Press

Published: 2018-02-15

Total Pages: 225

ISBN-13: 1107193680

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A comprehensive, comparative analysis of the European and US approaches to the exhaustion doctrine in the offline and online world.

Exhausting Intellectual Property Rights

Author: Shubha Ghosh

Publisher: Cambridge University Press

Published: 2018-11-08

Total Pages: 231

ISBN-13: 110711585X

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Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.

Research Handbook on Intellectual Property Exhaustion and Parallel Imports

Author: Irene Calboli

Publisher: Edward Elgar Publishing

Published: 2016-06-24

Total Pages: 584

ISBN-13: 1783478713

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From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.

Copyright Law

Author: Paul Torremans

Publisher: Edward Elgar Publishing

Published: 2009-01-01

Total Pages: 553

ISBN-13: 1848440219

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. . . this book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright. New Zealand Law Journal Copyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area. The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field. Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.

Exhausting Intellectual Property Rights

Author: Shubha Ghosh

Publisher: Cambridge University Press

Published: 2018-11-08

Total Pages: 231

ISBN-13: 1108577466

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Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.

Intellectual Property Licensing and Transactions

Author: Jorge L. Contreras

Publisher: Cambridge University Press

Published: 2022-06-30

Total Pages: 951

ISBN-13: 1316518035

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A comprehensive and practical textbook in the field of intellectual property licensing.

Balancing Copyright Law in the Digital Age

Author: Roberto Caso

Publisher: Springer

Published: 2014-11-19

Total Pages: 147

ISBN-13: 3662446480

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This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.

Patent Exhaustion and International Trade Regulation

Author: Santanu Mukherjee

Publisher: BRILL

Published: 2023-03-13

Total Pages: 351

ISBN-13: 9004542817

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This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.

EU Copyright Law

Author: Irini Stamatoudi

Publisher: Edward Elgar Publishing

Published: 2021-03-26

Total Pages: 1303

ISBN-13: 1786437805

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This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.