Footprints Of Feist In European Database Directive
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| Author | : Indranath Gupta |
| Publisher | : Springer |
| Total Pages | : 200 |
| Release | : 2017-05-23 |
| Genre | : Law |
| ISBN | : 981103981X |
Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.
| Author | : Julian Warner |
| Publisher | : Routledge |
| Total Pages | : 164 |
| Release | : 2020-09-01 |
| Genre | : Law |
| ISBN | : 1000167607 |
The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision’s conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.
| Author | : Davies, Tim |
| Publisher | : African Minds |
| Total Pages | : 592 |
| Release | : 2019-05-22 |
| Genre | : Social Science |
| ISBN | : 1928331955 |
It’s been ten years since open data first broke onto the global stage. Over the past decade, thousands of programmes and projects around the world have worked to open data and use it to address a myriad of social and economic challenges. Meanwhile, issues related to data rights and privacy have moved to the centre of public and political discourse. As the open data movement enters a new phase in its evolution, shifting to target real-world problems and embed open data thinking into other existing or emerging communities of practice, big questions still remain. How will open data initiatives respond to new concerns about privacy, inclusion, and artificial intelligence? And what can we learn from the last decade in order to deliver impact where it is most needed? The State of Open Data brings together over 60 authors from around the world to address these questions and to take stock of the real progress made to date across sectors and around the world, uncovering the issues that will shape the future of open data in the years to come.
| Author | : Giulia Schneider |
| Publisher | : Springer Nature |
| Total Pages | : 388 |
| Release | : 2022-04-13 |
| Genre | : Law |
| ISBN | : 3030954277 |
This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data? The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.
| Author | : |
| Publisher | : |
| Total Pages | : 642 |
| Release | : 1994 |
| Genre | : Europe |
| ISBN | : |
| Author | : Niklas Bruun |
| Publisher | : Cambridge University Press |
| Total Pages | : 531 |
| Release | : 2021-01-07 |
| Genre | : Law |
| ISBN | : 1108484603 |
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
| Author | : Mireille M. M. van Eechoud |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 306 |
| Release | : 2003-01-01 |
| Genre | : Law |
| ISBN | : 9041120718 |
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
| Author | : James Boyle |
| Publisher | : Createspace Independent Publishing Platform |
| Total Pages | : 292 |
| Release | : 2017-11-25 |
| Genre | : |
| ISBN | : 9781979963077 |
In this insightful book you will discover the range wars of the new information age, which is today's battles dealing with intellectual property. Intellectual property rights marks the ground rules for information in today's society, including today's policies that are unbalanced and unspupported by any evidence. The public domain is vital to innovation as well as culture in the realm of material that is protected by property rights.
| Author | : Aylin Orbasli |
| Publisher | : John Wiley & Sons |
| Total Pages | : 417 |
| Release | : 2020-08-03 |
| Genre | : Architecture |
| ISBN | : 1119340322 |
A comprehensive and detailed overview of the active regeneration, rehabilitation and revitalisation of architectural heritage. The combined processes of globalisation, urbanisation, environmental change, population growth and rapid technological development have resulted in an increasingly complex, dynamic and interrelated world, in which concerns about the meaning of cultural heritage and identity continue to grow. As the need for culturally and environmentally sustainable design grows, the challenge for professionals involved in the management of inherited built environments is to respond to this ever-changing context in a critical, dynamic and creative way. Our knowledge and understanding of the principles, approaches and methods to sustainably adapt existing buildings and places is rapidly expanding. Architectural Regeneration contributes to this knowledge-base through a holistic approach that links policy with practice and establishes a theoretical framework within which to understand architectural regeneration. It includes extensive case studies of the regeneration, rehabilitation and revitalisation of architectural heritage from around the world. Different scales and contexts of architectural regeneration are discussed, including urban, suburban, rural and temporary. At a time when regeneration policy has shifted to the recognition that ‘heritage matters’ and that the historic environment and creative industries are a vital driver of regeneration, an increasing workload of architectural practices concerns the refurbishment, adaptive re-use or extension of existing buildings. As a result, this book is ideal for undergraduate and graduate students of architecture, historic conservation, urban and environmental design, sustainability, and urban regeneration, as well as for practitioners and decision makers working in those fields.
| Author | : World Intellectual Property Organization |
| Publisher | : WIPO |
| Total Pages | : 231 |
| Release | : 1978 |
| Genre | : Law |
| ISBN | : 9280500023 |
The aim of this Guide is to present, as simply and clearly as possible, the contents of the Berne Convention and to provide a number of explanations as to its nature, aims and scope.
