Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
One Step Ahead Two Steps Back: Reverse Engineering 2nd Draft For 3rd Revision Of The Chinese Copyright Law, Hong Xue
Joint PIJIP/TLS Research Paper Series
On July 6, 2012, the National Copyright Administration of China released the 2nd Draft of the 3rd Revision of the copyright law, in which 81 provisions were changed from the 1st Draft. It does contain a few improvements, but it contains more compromises and even steps backward under the pressure of interest groups. It is unfortunate that China, the largest country by both population and Internet users, despite its fast-growing economy, seems missing the opportunities to craft a 21st-Century Copyright Law, but instead follows the old path of “the more the better” (more copyright protection and enforcement, the better economic …
A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan
Joint PIJIP/TLS Research Paper Series
On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …
Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva
Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva
Joint PIJIP/TLS Research Paper Series
The standards of copyright protection promoted by the Berne Convention are highly problematic for developing countries because these countries need to ensure a wide dissemination of works for teaching, scholarship, and research purposes. In order to accommodate these needs and to promote accession to this Convention, the 1971 Paris Act of the Berne Convention, included an Appendix that allowed developing countries to issue compulsory licenses for translating and/or reproducing foreign works into languages of general use in their territories. Unfortunately, the Appendix has not met the needs of developing countries, which, instead, have relied on idiosyncratic solutions. Additionally, the instrument …
The Sopa-Tpp Nexus, Jonathan Band
The Sopa-Tpp Nexus, Jonathan Band
Joint PIJIP/TLS Research Paper Series
The controversy in the United States over the Stop Online Piracy Act (SOPA) has profound implications for the Trans-Pacific Partnership (TPP) agreement. The SOPA debate underscores the importance of striking the proper balance in intellectual property laws to promote creativity and innovation. It demonstrates that over-protection can stifle free expression and the effective operation of the Internet as a medium of communication and commerce not only within a jurisdiction, but also extraterritorially. Additionally, the debate reveals the ability of the Internet community to mobilize quickly to defeat policies that it believes threaten its existence. TPP negotiators should understand the SOPA …
Positive Proposals For Treatment Of Online Intermediaries, Margot E. Kaminski
Positive Proposals For Treatment Of Online Intermediaries, Margot E. Kaminski
Joint PIJIP/TLS Research Paper Series
In the past several years of free trade agreement negotiations, a number of proposals for establishing an international standard of liability for copyright infringement by online intermediaries have emerged. These proposals consistently lack consideration of their implications for Internet users. Building off a public stakeholder presentation given by the author at the ninth round of negotiations of the Trans-Pacific Partnership (TPP) Agreement, held in Lima, Peru, this paper aims to identify both general principles and specific user-protecting provisions that should be considered when discussing proposals for intermediary liability.
Acta & Access To Learning Materiols In Morocco: An Examination Of How Acta Impacts The Creation Of A Moroccan Orphan Works Regime, Caroline B. Ncube
Acta & Access To Learning Materiols In Morocco: An Examination Of How Acta Impacts The Creation Of A Moroccan Orphan Works Regime, Caroline B. Ncube
Joint PIJIP/TLS Research Paper Series
This paper briefly examines the current regime of copyright law in Morocco and seeks to examine the status of orphan works in Morocco, in lieu its membership as the sole African country in the recently signed Anti-Counterfeiting Trade Agreement (ACTA). The paper concludes that Morocco can, and ought to, enact exceptions and limitations that facilitate meaningful access to orphan works in both analogue and digital formats.