Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Collective Management Of Copyright And Neighboring Rights In Canada: An International Perspective, Daniel J. Gervais
Collective Management Of Copyright And Neighboring Rights In Canada: An International Perspective, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
It is a generally held view that copyright in civil law countries is a child of the French Revolution and should be considered an inalienable right of the author, a human right in other words. In fact, it is enshrined in the Universal Declaration of Human Rights of 1948. Granted, in several cases the economic component of the right is transferred to, e.g., a publisher or a producer, but it remains, at source, a right of the author, the creator of the protected work (or object of a related right). By contrast, one often hears that, in common law jurisdictions, …
The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais
The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or inventiveness in patent law) vary from one country's national legislation to another. Yet, many critics of the intellectual property system recognize that solutions to the problems, ranging from database protection to the Internet, should ideally be the same worldwide. In today's globalized economy, it makes sense to adopt rules to protect that take account of the laws and practices of other nations and of the work of international organizations. Protecting only …