Law Commons^™

Achieving Balance In International Copyright Law, Jane C. Ginsburg

Faculty Scholarship

In 1996, the World Intellectual Property Organization (WIPO) adopted two related treaties, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty (the WIPO Treaties). Though now often referred to as the "WIPO Internet Treaties," the agreements emerged after five years of preparation, only the last two of which focused on a "digital agenda." These treaties, following on the 1994 World Trade Organization TRIPs Accord, have substantially expanded, and somewhat harmonized, the role of international copyright and neighboring rights norms in the international exchange of works of authorship and related productions. When enactment of the WIPO Treaties with their …

The Proposed New Technology Transfer Block Exemption: Is Europe Really Better Off Than With The Current Regulation?, Maurits Dolmans, Anu Bradford

Faculty Scholarship

This article discusses the legal and economic foundations, as well as the practical implications of the Commission's proposal for a new technology transfer block exemption regulation ("TTBER'') and associated Guidelines.

The article concludes that the new TTBER brings desirable flexibility to the assessment of the competitive effects of technology licensing agreements by abolishing the current division of the clauses into four categories of exempted, white, black and grey clauses. The Commission's proposal is also praised for extending the scope of the Regulation to software copyright licences and for exempting some efficiency-enhancing restrictions that currently fall outside of the TTBER. The …