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Anticircumvention laws

Zohar Efroni

in Access-Right: The Future of Digital Copyright Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199734078
eISBN:
9780199866137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199734078.003.0006
Subject:
Law, Public International Law

More than any other development associated with digital copyright lawmaking, the advent of anticircumvention laws has most significantly directed attention to the emerging convergence between access ... More


Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

David T. Keeling

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It ... More


Entry Barriers

Sheilagh Ogilvie

in The European Guilds

Published in print:
2019
Published Online:
May 2019
ISBN:
9780691137544
eISBN:
9780691185101
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691137544.003.0003
Subject:
Economics and Finance, Economic History

This chapter explores how guilds defined and enforced entitlement. A first entitlement sought by any guild was to decide who could practise certain economic activities. Every guild aimed to secure ... More


Services of General Economic Interest: European Law's Impact on the Role of Markets and of Member States

Heike Schweitzer

in Market Integration and Public Services in the European Union

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199607730
eISBN:
9780191725258
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199607730.003.0002
Subject:
Law, EU Law

This chapter shows that the persistent friction between EU law and the Member States' public service traditions is ultimately caused by fundamentally different conceptions of the role of markets and ... More


Trade marks

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

A trade mark can only fulfil its function as a guarantee of origin if it is exclusive. The trade mark owner must be able to prevent other undertakings from using, in the territory in which he owns ... More


River Mining and Reconstruction Politics, 1869–1874

Shepherd W. Mckinley

in Stinking Stones and Rocks of Gold: Phosphate, Fertilizer, and Industrialization in Postbellum South Carolina

Published in print:
2014
Published Online:
May 2014
ISBN:
9780813049243
eISBN:
9780813050065
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813049243.003.0005
Subject:
History, American History: 20th Century

This chapter explores the phosphate river mining industry, which had mainly different owners, laborers, and locations than land mining. Most laborers were Sea Islanders, and most river mining took ... More


Patents

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

To argue about whether the purpose of the patent system is to reward inventors for inventing or to encourage inventors to invent is rather like arguing about the rationale of the penal system: do we ... More


Scope Limitations

Stavroula Karapapa

in Defences to Copyright Infringement: Creativity, Innovation and Freedom on the Internet

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198795636
eISBN:
9780191836930
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795636.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

Copyright is not infringed in instances where the defendant’s activity falls outside the scope of exclusive rights. This is likely to be the case when the factual background of an alleged ... More


Exclusivity versus Appropriation: Some Questions and Costs

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter attempts to sketch a field of conflict between exclusive rights generated and protected by copyright and its companion doctrines in the field of intellectual property, and the very ... More


How Freedom of Expression Defines the Parody Exception

Sabine Jacques

in The Parody Exception in Copyright Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198806936
eISBN:
9780191876790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198806936.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the relevance of freedom of expression to the parody exception. It first considers the debate on the interaction between intellectual property rights and fundamental rights ... More


Hedge or Counterweight? New Constitutionalism and the Role of the Canadian Charter of Rights and Freedoms in Intellectual Property Litigation

Graham Reynolds

in Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198863168
eISBN:
9780191895661
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863168.003.0014
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter looks at Canadian intellectual property law through a new constitutionalist lens. Over the past few decades, Canada has been the target of several international measures in the area of ... More


From Flexible Balancing Tool to Quasi-Constitutional Straitjacket—How the EU Cultivates the Constraining Function of the Three-Step Test

Martin Senftleben

in Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198863168
eISBN:
9780191895661
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863168.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter focuses on one of the most important hedges protecting strong intellectual property rights: the three-step test. This test forms part of the TRIPS Agreement and other international ... More


Right to the Community Design

David Stone

in European Union Design Law: A Practitioners' Guide

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198719298
eISBN:
9780191927409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198719298.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

The Regulation needed to provide for who would own the newly created Community designs. Many of the provisions of the Regulation relating to ownership are directly derived from the corresponding ... More


The Parody Exception in Copyright Law

Sabine Jacques

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198806936
eISBN:
9780191876790
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198806936.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

Parodies have been created throughout times and cultures. A glimpse at the judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural ... More


Article 106 TFEU

Julian Nowag

in Environmental Integration in Competition and Free-Movement Laws

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198753803
eISBN:
9780191815447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753803.003.0005
Subject:
Law, EU Law, Competition Law

This chapter shows that although a State might grant exclusive rights for environmental reasons, the first form of environmental integration—the prevention of conflict—is not possible under Article ... More


Competition Law and Private Regulation

Mislav Mataija

in Private Regulation and the Internal Market: Sports, Legal Services, and Standard Setting in EU Economic Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198746652
eISBN:
9780191808937
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746652.003.0003
Subject:
Law, EU Law, Competition Law

This chapter examines how EU competition law is applied to private regulation. It argues that, instead of limiting its scope to avoid clashes with regulatory measures, it follows a broad approach. It ... More


Abandoning Exclusivity and Getting Paid Instead

William Patry

in How to Fix Copyright

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199760091
eISBN:
9780190259938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199760091.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

A central element in copyright ideology is exclusivity. Copyright owners are said to be granted “exclusive rights,” the essence of which is the ability to exclude, to be able to say no to anyone who ... More


The English Scheme of Arrangement

Nicolaes Tollenaar

in Pre-Insolvency Proceedings: A Normative Foundation and Framework

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198799924
eISBN:
9780191864742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198799924.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the English scheme of arrangement, which is laid down in sections 895–99 of the Companies Act 2006. It gives an outline of the procedure and looks at past attempts to reform the ... More


The Moral Panic over Fair Use

William Patry

in How to Fix Copyright

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199760091
eISBN:
9780190259938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199760091.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter considers how fair use is being turned into a moral panic by those opposed to adapting copyright to the digital era. It discusses the technical details of the doctrine of fair use and ... More


Life after Marrakesh

Prashant Reddy T. and Sumathi Chandrashekaran

in Create, Copy, Disrupt: India's Intellectual Property Dilemmas

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199470662
eISBN:
9780199088850
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199470662.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

The signing of the World Trade Organisation (WTO) Agreement at Marrakesh in 1994 marked the beginning of a new international IP regime. As per Article 27 of the Agreement on Trade-Related ... More


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