IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW最新文献

Intellectual Property and the Constitutional Court of South Africa: Lessons from the Deployment of Adjudicative Strategies 知识产权与南非宪法法院:审判策略部署的教训

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-11-07 DOI: 10.1007/s40319-023-01397-6

Chijioke Okorie

{"title":"Intellectual Property and the Constitutional Court of South Africa: Lessons from the Deployment of Adjudicative Strategies","authors":"Chijioke Okorie","doi":"10.1007/s40319-023-01397-6","DOIUrl":"https://doi.org/10.1007/s40319-023-01397-6","url":null,"abstract":"Abstract The Constitutional Court of South Africa recently handed down its fourth decision so far in the field of intellectual property. These decisions came against the backdrop of reforms and reform proposals concerning intellectual property rights in South Africa. These reforms and reform proposals were prompted by the need to establish intellectual property laws that are attuned to South Africa’s local context and needs, while complying with South Africa’s international treaty obligations. Parallel to South Africa’s policy and legislative agenda, this paper recognises these four decisions (referred to as the “IP quartet”) as the emergence of an intellectual property rights jurisprudence. The paper analyses the IP quartet and identifies a coherent narrative with respect to the intersection between intellectual property rights and constitutional rights and the appropriate approach to determining their real-life applications. The paper also explains this intellectual property rights jurisprudence and its contribution, and considers the adjudicative strategies employed by the Constitutional Court in applying constitutional provisions to dealing with issues involving intellectual property rights. An explanation of this jurisprudence arising from these cases will: (a) promote an understanding of the scope of intellectual property rights including the appropriate nature of their intersection with constitutional provisions (specifically fundamental rights expressed in Chapter 2 of the South African Constitution); and (b) offer some guidance to lower courts and the executive arm of government on the appropriate approach to the interpretation, conceptualization and application of the intellectual property legal framework.","PeriodicalId":44949,"journal":{"name":"IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135480161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Correction: “Speaker Photo [Lautsprecherfoto]” 更正:“演讲者照片[lauttsprecherfoto]”

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-11-06 DOI: 10.1007/s40319-023-01398-5

引用次数: 0

Generative AI and Author Remuneration 生成人工智能和作者报酬

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-11-01 DOI: 10.1007/s40319-023-01399-4

Martin Senftleben

引用次数: 2

A Human Right to Ever-Stronger Protection? 人权得到更强有力的保护?

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-10-26 DOI: 10.1007/s40319-023-01393-w

Martin Husovec

引用次数: 0

The Essential Facilities Doctrine, Intellectual Property Rights, and Access to Big Data 基本设施原则、知识产权和大数据获取

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-10-26 DOI: 10.1007/s40319-023-01396-7

Rok Dacar

引用次数: 0

“GDA v. TVI and SIC” "GDA诉TVI和SIC"

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-10-19 DOI: 10.1007/s40319-023-01395-8

引用次数: 0

Trademarks and Bad Faith: A Specific Law for Former Employees? Lessons from/for Antitrust 商标与恶意:针对前雇员的专门法?反垄断的教训

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-10-19 DOI: 10.1007/s40319-023-01391-y

Mário Cabral, Ana Leticia Allevato

引用次数: 0

“Permabond” “Permabond”

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-10-19 DOI: 10.1007/s40319-023-01392-x

引用次数: 0

Framing Texts and Images: Critical and Posthumous Editions in the Digital Single Market 框架文本和图像:数字单一市场中的批判和死后版本

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-10-18 DOI: 10.1007/s40319-023-01394-9

Cristiana Sappa, Bohdan Widła

{"title":"Framing Texts and Images: Critical and Posthumous Editions in the Digital Single Market","authors":"Cristiana Sappa, Bohdan Widła","doi":"10.1007/s40319-023-01394-9","DOIUrl":"https://doi.org/10.1007/s40319-023-01394-9","url":null,"abstract":"Abstract Although Art. 14 of the Directive on Copyright in the Digital Single Market (CDSM Directive) was introduced mostly to deal with issues connected with non-original photographs of public domain works, it also impacts the protection of posthumous and critical editions. Whenever a work of visual art that belongs in the public domain becomes the object of an edition, Art. 14 CDSM Directive excludes its protection under neighbouring rights. In the case of complex works, embedding original contributions belonging to different genres, Art. 14 CDSM Directive applies only if visual elements are predominant in the given work and as long as it is not possible to exploit the work of visual art without using other contributions embedded in the complex work. At the same time, Art. 14 CDSM Directive indirectly confirms that an edition may be protected by copyright if it is original. The particularly low threshold of originality required makes the presence of copyright quite common in three-dimensional and two-dimensional reproductions of works in the public domain that can qualify as editions. Then, with reference to textual works, the limits of originality are challenged: although there is little doubt that the person preparing a critical edition faces choices, they may not necessarily be free and creative. Editorial interference with the text can be compared to findings made by historians during their research and, as such, remain unprotected by copyright. Such an edition may still be protected within the regime of the neighbouring right in those few member states that decided to implement it. Eventually, as is the case nowadays with many aspects of human activity, the future of IP protection of various editions will become murkier due to the advent of new artificial intelligence technologies. For example, models are already being developed to automate the arduous and difficult process of transcription of manuscripts, as well as to ensure appropriate restoration of works of visual art. In particular, the further rapid development of artificial intelligence may cause the neighbouring rights in editions to become at least partially obsolete if the process of preparation of editions becomes devoid of human input. And this would have an impact on the copyright presence as well.","PeriodicalId":44949,"journal":{"name":"IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135882979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

“Jack Daniel’s” "杰克丹尼尔"

IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW Pub Date : 2023-10-09 DOI: 10.1007/s40319-023-01389-6

引用次数: 0