Intellectual Property / Patent / Copyright

Law Applicable to Copyright A Comparison of the ALI and CLIP Proposals

By Rita Matulionyte
Edward Elgar Publishing September 2011

Specifications

ISBN-13
9780857934284
Publisher
Edward Elgar Publishing
Publication
September 2011
Format
Hardback , 288 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute (ALI) and the European Max Planck Group for Conflict of Laws and Intellectual Property (CLIP).

In particular, the book analyses how the territoriality principle and the lex loci protectionis rule are applied in traditional, broadcasting and online cases in selected European and US jurisdictions. It then evaluates whether the rules on ubiquitous infringement, de minimis, initial ownership and party autonomy, as proposed by ALI and CLIP, address the identified problems.

This detailed and thorough study will appeal to academics, researchers, postgraduate and doctorate students, as well as to EU and international policymakers in the field of intellectual property and international private law.

Table of Contents

Contents:
Preface Introduction
1. Background
2. Problems
3. Goal and Scope
4. Methodology and Structure General Part: Status Quo
5. Main Rules
6. Evaluation and Alternatives Specific Part: ALI and CLIP Proposals
7. Introduction to the ALI and CLIP Proposals
8. Lex Loci Protectionis and the Territoriality Principle
9. De Minimis Rule
10. Ubiquitous Infringements Rule
11. Initial Ownership
12. Party Autonomy Conclusions

About the Author

Rita Matulionyte, Leibniz Universität Hannover, Germany

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