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Full-Text Articles in Intellectual Property Law
Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier
Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier
Severine Dusollier
The European Union knows a multiplicity of IP rights, from classical ones (copyright, patent, trademark or design) to more marginal ones, in terms of economic sectors concerned (rights in database, in plant varieties, in semiconductors, in geographical indications). This paper aims at identifying and assessing the existing similarities or common principles in the intellectual property rights in the European Union. Despite their apparent diverging functions, subject matter and scope of protection, copyright, trademark, patent and the other intellectual property rights share at least the fact that they belong to a set of rules granting some exclusive rights in intangible assets, …
Drm At The Intersection Of Copyright Law And Technology : A Case Study For Regulation, Severine Dusollier
Drm At The Intersection Of Copyright Law And Technology : A Case Study For Regulation, Severine Dusollier
Severine Dusollier
Digital Rights Management, that have been deployed to enforce copyright, present an interesting case study for regulation. DRM, as a technology, has significant effects on copyright regulation. When applied to limiting access or controlling the use of some works, and reinforced by anti-circumvention provisions, a DRM system acts as a technical norm regulating the very use of a copyrighted work, as copyright regulation does. But the normative effect of DRM technologies is rather different in terms of content and in terms of nature. Mere access to and use of works are now under control, whereas copyright is traditionally limited to …
(Re)Introducing Formalities In Copyright : Towards More Open Content?, Severine Dusollier
(Re)Introducing Formalities In Copyright : Towards More Open Content?, Severine Dusollier
Severine Dusollier
Many voices have been recently heard in favor of the reintroduction of formalities in copyright law, in order to counteract the rapid expansion of copyright protection and the ensuing diminishing of the public domain. Formalities have been considered as a way to limit the automatic granting of copyright, to shorten its duration or to make its enforcement less easy. This paper examines the relevance of a possible reintroduction of formalities for the enhancement and safeguarding of the public domain. It first considers the formalities the introduction of which (or reintroduction in some countries) has been proposed, under two lenses: their …
The Public Domain In Intellectual Property: Beyond The Metaphor Of A Domain, Severine Dusollier
The Public Domain In Intellectual Property: Beyond The Metaphor Of A Domain, Severine Dusollier
Severine Dusollier
No abstract provided.
Le Domaine Public, Garant De L'Intérêt Général En Propriété Intellectuelle ?, Severine Dusollier
Le Domaine Public, Garant De L'Intérêt Général En Propriété Intellectuelle ?, Severine Dusollier
Severine Dusollier
No abstract provided.
Draw Me A Public Domain, Severine Dusollier, Valérie-Laure Benabou
Draw Me A Public Domain, Severine Dusollier, Valérie-Laure Benabou
Severine Dusollier
Copyright is forged from pieces of land taken from the public domain. Absence of any restrictions on the products of the mind and of creation is the rule while intellectual property is the exception. Yet intellectual property has constantly expanded over the realm of the public domain. The on-going commodification of the latter has been regularly denounced in scholarship. This article aims at sketching a regime for the public domain that would contain some rules through which it could resist encroachment by private property. It starts from the analysis that the current perception and regime of the public domain in …
The Master's Tools V. The Master's House: Creative Commons V. Copyright, Severine Dusollier
The Master's Tools V. The Master's House: Creative Commons V. Copyright, Severine Dusollier
Severine Dusollier
No abstract provided.