Intellectual Property Protection Of Fact Based Works
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Author | : Robert Brauneis |
Publisher | : Edward Elgar Publishing |
Total Pages | : 361 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 1849801894 |
The 1991 US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. held that factual matter is not subject to copyright protection because it is not original to the author, thus dramatically rejecting a two-century-old tradition of protecting factual compilations under copyright. The contributors to this book reassess this decision and its implications, particularly for the protection of electronic databases. The debate over fact-based works has grown still more complicated since Feist with the enactment of worldwide initiatives that extend the protection of databases, such as the European Union s Database Directive. A number of legal scholars have voiced their opinions on how Congress should react to the Court s decision and the Database Directive, but none have put forth a viable solution or questioned the debate s underlying assumptions. The contributors to this insightful book turn their attention to these overlooked aspects, approaching the protection of factual matter from a range of perspectives: policy, historical, comparative, empirical and philosophical. The range of viewpoints and disciplines represented in this compelling book will be of great interest to students, scholars and lawyers working in the area of intellectual property law.
Author | : Robert Brauneis |
Publisher | : Edward Elgar Pub |
Total Pages | : 344 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9781848441835 |
The US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. held that factual matter is not subject to copyright protection because it is not original to the author. the decision dramatically rejected a two-century-old tradition of protecting factual compilations under copyright. the contributors to this book reassess this decision and its implications, approaching the protection of factual matter from a range of perspectives: policy, historical, comparative, empirical and philosophical.
Author | : Amanda Reid |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 468 |
Release | : 2021-11-05 |
Genre | : Law |
ISBN | : 9403539305 |
Completely revised and updated, this seventh edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other hand. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the sixth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth part on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: subject matter of protection; conditions of protection; registration procedures; scope of exclusive rights; transfer of interests; fair use; rights in unregistered marks; protection of computer software, code, and databases; remedies and defenses; and procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Author | : Jacob Jaconiah |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 218 |
Release | : 2022-09-20 |
Genre | : Law |
ISBN | : 9403545828 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Tanzania. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Tanzania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Author | : Peter Groves |
Publisher | : Routledge |
Total Pages | : 787 |
Release | : 1997-05-01 |
Genre | : Law |
ISBN | : 1135353379 |
First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
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 | : Amanda Reid |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 557 |
Release | : 2018-08-10 |
Genre | : Law |
ISBN | : 9403501405 |
Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Author | : Frederick M. Abbott |
Publisher | : Aspen Publishing |
Total Pages | : 980 |
Release | : 2024 |
Genre | : Law |
ISBN | : 1543857892 |
"Law school casebook on intellectual property in a global context"--
Author | : Apostolos G. Chronopoulos |
Publisher | : Edward Elgar Publishing |
Total Pages | : 385 |
Release | : 2024-08-06 |
Genre | : Law |
ISBN | : 1035335980 |
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
Author | : Susy Frankel |
Publisher | : Edward Elgar Publishing |
Total Pages | : 413 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1789902495 |
Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.