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1
Rosenblatt, Heather. "Protocol to the berne convention". Computer Law & Security Review 13, nr 5 (wrzesień 1997): 307–11. http://dx.doi.org/10.1016/s0267-3649(97)80168-9.
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van Bremen, Michiel, i David J. Thibodeau. "How and Why the U.S. Finally Joined the Berne International Copyright Convention". Leiden Journal of International Law 2, nr 1 (maj 1989): 83–90. http://dx.doi.org/10.1017/s0922156500001102.
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On October 31, 1988, in a ceremony at the Beverly Hilton Hotel attended by Congressmen and members of the artistic community. President Reagan signed the 1988 Berne Convention implementation Act. This Act allowed the United States to join the international Berne Convention lor the Protection of Literary and Artistic Works as of March, 1989. Although the Act somewhat expands the availability of U.S. copyright protection to European atilhors, it affects U.S. authors' rights even less, practically speaking. Perhaps that explains why only three major U.S. daily newspapers, The New York Times, The Washington Post, and Los Angeles Times, briefly mentioned this historic moment for the internal ional copyright environment. This article explores why and how the U.S. has joined the Berne Convention after more than 102 years, and the effect that this will have un the availability of U.S. copyright protection to foreign authors. Before considering the technical consequences of the Berne Convention Implementation Act, we give a brief overview of two relevant international copyright treaties and their major differences.
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Collins, Elizabeth. "Berne Convention: Britain lags on protection". Nature 317, nr 6034 (wrzesień 1985): 193. http://dx.doi.org/10.1038/317193b0.
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Yanto, Oksidelfa. "KONVENSI BERN DAN PERLINDUNGAN HAK CIPTA". Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 6, nr 1 (1.03.2016): 108. http://dx.doi.org/10.32493/jdmhkdmhk.v6i1.341.
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The object of copyright protection under the Berne Convention, namely: works of literature and art that encompasses all the results of the fields of literature, science and art in any manner or form any explication. Since the entry into force of the Berne Convention that was classified as Making Law Treaty and open to all countries that are not yet members to immediately become a member by way of ratifying and handed over the instrument of ratification to the Director General of WIPO. The participation of a country as a member of the Convention Barn, give rise to liability in the participating countries to implement national perundang¬undangan in the field of copyright. Especially in terms of law enforcement for the protection of copyrighted works. This relates to the arrangement in the Berne Convention on moral rights ( "droit moral"), author's rights to mengkluim as the creator of a work and the author's right to object to any act that intends to change, reduce or add to the authenticity of the creations that can be harm the honor and reputation of the creator.Keywords: Copyright, ratification, the Berne Convention
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Lehmann, Michael. "Trips, the Berne Convention, and Legal Hybrids". Columbia Law Review 94, nr 8 (grudzień 1994): 2621. http://dx.doi.org/10.2307/1123149.
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Cuong, Nguyen Thai, i Nguyen Duc Nguyen Vy. "The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work". Vietnamese Journal of Legal Sciences 4, nr 1 (1.06.2021): 34–45. http://dx.doi.org/10.2478/vjls-2021-0007.
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Abstract The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.
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Tomonori, Mizushima. "Korean Film Export & Import Corp. v. Fuji Television Network, Inc." American Journal of International Law 107, nr 3 (lipiec 2013): 627–31. http://dx.doi.org/10.5305/amerjintelaw.107.3.0627.
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On December 8, 2011, the Japanese Supreme Court decided that the accession to a multilateral treaty by a state not recognized by Japan cannot create obligations between Japan and that state except with respect to obligations of universal value under general international law. The case arose in the specific context of the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) but has broader implications for the operation of multilateral treaties in general.
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Tiefenbrun, Susan. "How Pirates Read and Misread the Berne Convention". Proceedings of the ASIL Annual Meeting 92 (1998): 375–76. http://dx.doi.org/10.1017/s0272503700058286.
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Gagliani, Gabriele. "Intellectual Property-Related Local Content Requirements in International Trade Law: An Evolving Concept Amid Persisting Questions". Global Trade and Customs Journal 16, Issue 4 (1.04.2021): 149–57. http://dx.doi.org/10.54648/gtcj2021016.
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Despite the challenges they pose under international trade law, recent discussions and cases at the World Trade Organization (WTO) demonstrate that local content requirements (LCRs) have enjoyed continued success among both developed and developing countries. This article focuses on a specific type of LCRs, intellectual property-related LCRs (IP-related LCRs). The article argues that the concept and related regulation of LCRs concerning IP rights have undergone a remarkable evolution under international trade law. The notion and regulation of IP-related LCRs, in particular, have changed from the 1883 Paris Convention on the Protection of Industrial Property (Paris Convention) and the 1886 Berne Convention on the Protection of Literary and Artistic Works (Berne Convention) to the General Agreement on Tariffs and Trade of 1947 and, later, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and other Agreements at the WTO. Indeed, while the Paris Convention and the Berne Convention are still in force, the General Agreement on Tariffs and Trade (GATT) 1947 and the WTO Agreements have reframed the debate and implications of IP-related LCRs. Nevertheless, some questions on what is permissible under international trade law remain open at the WTO. Given LCRs continued success, some clarifications on their consistency with WTO law may be further needed. Local Content Requirements (LCRs), Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), General Agreement on Tariffs and Trade of 1994 (GATT 1994), World Trade Organization (WTO), Intellectual Property Rights
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Levantis, Eleftherios N. "Vers une application efficace de la Convention de Berne". Revue Européenne de Droit de l'Environnement 6, nr 1 (2002): 42–47. http://dx.doi.org/10.3406/reden.2002.1461.
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Adams, John N. "Book Review: Beyond the Berne Convention by Vincent Porter". Anglo-American Law Review 22, nr 1 (styczeń 1993): 134–36. http://dx.doi.org/10.1177/147377959302200107.
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Kolobov, R. Y., i Y. B. Ditsevich. "The Significance of the 1979 Bern Convention in the Legal Regulation of Biodiversity Conservation in the Baikal Natural Territory". Siberian Law Herald 2022.1 (2022): 119–26. http://dx.doi.org/10.26516/2071-8136.2022.1.119.
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The main provisions of the Convention on the Protection of Wild Fauna and Flora and Natural Habitats in Europe of 1979 are analyzed as having the potential to strengthen the legal protection regimes of the Baikal ecosystem and its individual components (Berne Convention) in the context of hunting regulation. The article provides information about the history of the development, participants, bodies of the Convention and the procedure for their activities, as well as a brief description of the European Charter of Hunting and Biodiversity adopted under the auspices of the Berne Convention. As part of the coverage of the content of the Berne Convention, attention is paid to the conservation of habitats of wildlife, the protection of endangered and vulnerable species. A brief description of the content of the annexes of the Convention containing lists of strictly protected species of flora and fauna, as well as prohibited methods of slaughter, trapping and other forms of extraction and exploitation of animals and plants is given. A critical look is given at the formal approach taking place in the modern period when issuing a state-issued hunting ticket and an opinion is expressed on the desirability of legally consolidating mechanisms for verifying knowledge from the field of the hunting community of applicants for its receipt. As an example of the issues considered at the meeting of the Standing Committee of the Convention, the recommendations adopted at the meeting of the Committee in 2018 on the use of top dressing as a tool for managing the number of populations of large predators and their prey are given. The expediency of implementing the provisions of the above-mentioned documents into national legislation is emphasized, while attention is focused on the possibility of consolidating the analyzed international legal norms in the Russian legal system even before their ratification by Russia.
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Grossman, Gene M., i Petros C. Mavroidis. "US – Section 110(5) Copyright Act: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would’ve or Should’ve? Impaired Benefits due to Copyright Infringement". World Trade Review 2, S1 (2003): 281–99. http://dx.doi.org/10.1017/s1474745603001149.
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This dispute between the European Communities and the United States originated when the United States amended its copyright law in a way that nullified and impaired certain benefits promised to the European Communities under the Agreement on Trade Related Aspects of Intellectual Property (TRIPs). Article 9.1 of TRIPs requires all WTO members to comply with Articles 1 through 21 of the Berne Convention of 1971. Among the provisions of the Berne Convention thus incorporated into the TRIPs Agreement is one that grants to authors of literary and artistic works the exclusive right to authorize “the public communication by loudspeaker or any analogous instrument transmitting, by signs, sounds or images, the broadcast of the work,” and another that grants to authors of dramatic and musical works the exclusive right to authorize “any communication to the public of the performance of these works.”1
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GROSSMAN, GENE M., i PETROS C. MAVROIDIS. "Dispute settlement corner: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: would've or should've? Impaired benefits due to copyright infringement". World Trade Review 2, nr 2 (lipiec 2003): 233–49. http://dx.doi.org/10.1017/s1474745603001459.
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This dispute between the European Communities and the United States originated when the United States amended its copyright law in a way that nullified and impaired certain benefits promised to the European Communities under the Agreement on Trade Related Aspects of Intellectual Property (TRIPs). Article 9.1 of TRIPs requires all WTO members to comply with Articles 1 through 21 of the Berne Convention of 1971. Among the provisions of the Berne Convention thus incorporated into the TRIPs Agreement is one that grants to authors of literary and artistic works the exclusive right to authorize ‘the public communication by loudspeaker or any analogous instrument transmitting, by signs, sounds or images, the broadcast of the work’, and another that grants to authors of dramatic and musical works the exclusive right to authorize ‘any communication to the public of the performance of these works’.
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Klafkowska-Waśniowska, Katarzyna. "History will teach us nothing? Evolution of the copyright framework for educational uses". Ruch Prawniczy, Ekonomiczny i Socjologiczny 82, nr 2 (30.06.2020): 35–49. http://dx.doi.org/10.14746/rpeis.2020.82.2.3.
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This article contributes to joins the discussion on the copyright framework for educational uses, focusing on the analysis of Article 27 of the Polish Copyright Act, Article 5 of the Directive on copyright and related rights in the Digital Single Market, and Article. 10 of the Berne Convention. Polish copyright law, the Berne Convention and EU Directives are analysed from the historical perspective to answer the question of whether the legal framework for limitations and exceptions for educational uses has changed to respond adequately to the needs of modern education. The concept of ‘illustration for teaching’ is critically analysed, leading to the conclusion that it reflects narrow approach which fails to address pupils/ students’ activities sufficiently. The objective of the article is to emphasize that modern education needs a flexible approach to educational activities with the use of works. It is emphasized, that the objectives of education and copyright are converging, particularly in the area of the conscious use and adequate description of the source of information.
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Garnett, Kevin. "Article 6bis of the Revised Berne Convention – A modest success story?" Zeitschrift für geistiges Eigentum 9, nr 2 (2017): 160. http://dx.doi.org/10.1628/186723717x14914885255178.
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Moscati, Laura. "Origins, Evolution and Comparison of Moral Rights between Civil and Common Law Systems". European Business Law Review 32, Issue 1 (1.02.2021): 25–52. http://dx.doi.org/10.54648/eulr2021002.
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The protection of moral rights embraces the now widespread personal sphere of copyright and originated much later than the economic exploitation of the work itself. Some of its components can be found in the English and German thought between the 17th and 18th centuries and, starting from the early 19th century, would have a substantial development through the contribution of both the French legal scholarship and case law. The legal foundations, in any case, date back to some codifications of the German area and to the earliest international treaties, making it a discipline that did not take into consideration the extent of the national territory. The purpose of this study is to evaluate the relevance of the European models and their influence in Italy after the national Unification, in particular in the first decades of the 1900s. In fact, the international protection of moral rights takes root in Italy during the 1928 Rome Conference for the revision of the 1886 Berne Convention. The United States joined it only later, in 1989, with the Berne Convention Implementation Act (BCIA). Thirty years later, the Copyright Office published in April 2019 an extensive study about the American protection of moral rights. The document is studied in this paper in comparison with the European Directives and with the Copyright Directive definitively approved a few days before the Copyright Office document. While in the USA the interest in moral rights up to now rather limited seems to be increasing, in Europe the protection of moral rights risks being waned as it is handed down to individual countries with the explicit declaration that it is not the subject matter of the Directives. Moral rights, origins, codification, Europe, Italy, Berne Convention, international treaties, USA, EU Directives, Canada
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Ginsburg, Jane C. "People Not Machines: Authorship and What It Means in the Berne Convention". IIC - International Review of Intellectual Property and Competition Law 49, nr 2 (29.01.2018): 131–35. http://dx.doi.org/10.1007/s40319-018-0670-x.
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Hailey, Adrian, i Vassilis Goutner. "Villas, villagers and tortoises in Greece—a sequel". Oryx 25, nr 3 (lipiec 1991): 169–71. http://dx.doi.org/10.1017/s0030605300034207.
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Despite protection of the species under the Berne Convention, and of the site by planning restrictions, Hermann's tortoises have again been killed at Alyki, 10 years after the original catastrophe. The authors describe the situation leading up to the recent habitat destruction, and its effect. There is a final opportunity to save the tortoise population before it is destroyed by holiday developments.
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Al Nusair, Fayez, i Firas Massadeh. "Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002". Arab Law Quarterly 32, nr 3 (22.05.2018): 281–97. http://dx.doi.org/10.1163/15730255-12323010.
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Abstract This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).
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Bohbot, Corinne. "Les battues administratives aux loups mises en échec par la Convention de Berne". Revue Juridique de l'Environnement 24, nr 3 (1999): 391–415. http://dx.doi.org/10.3406/rjenv.1999.3666.
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Kim, SeChang. "A Study on Analysis of Communication to the Public and the Korean Copyright Law for the national implementation". Korea Copyright Commission 35, nr 2 (30.06.2022): 45–80. http://dx.doi.org/10.30582/kdps.2022.35.2.45.
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The development of the concept of ‘Communication to the Public’ has been hand in hand with the development of communication technology. In the Berne Convention, the first international copyright treaty, the concept appeared in the Roman Revision Conference in 1920 and was established through various discussions, and it was also expanded in the WIPO Internet Treaty to regulate the use of works in the Internet environment. Since Korea joined the Berne Convention in 1996, Korean Copyright Act has been revised three times, establishing the concept of ‘Public Transmission’ and implementing provisions related to ‘Communication to the Public’.
However, there are some differences between the concept of ‘public transmission’ and sub-concepts in Korean Copyright ACT and the concepts related to ‘Communication to the Public’ in international treaties. According to international treaties, provision of ‘Making Available to the Public’ is limited to the act of making users to access the work at a individual time and place regardless of whether the work is transmitted or not. However, in the case of Korea’s ‘interactive transmission’, the range is relatively wider as it also includes transmissions made together with the user’s request for initiation. Broadcasting refers to wireless transmission according to international treaty, but the concept of broadcasting in Korea does include both wired and wireless one. Accordingly, the scope of ‘Broadcasting Organization’ is different. In the case of ‘digital audio transmission’, the concept is not found in international treaties. Accordingly, there was also an issue of whether ‘digital image transmission’, which is interpreted in the scope of use, provision or public transmission under international treaties, belongs to ‘broadcasting’ and whether it falls under ‘other public transmissions’.
In this paper, the concept of communication to the public delivery in international treaties is was first analyzed. For the comparison of the concept in international treaties, this paper analyzes the concept in the Berne Convention, WCT, and WPPT. Next, Korea’s ‘Public Transmission’ is was analyzed in the same way and compared with international treaties. Although Korean copyright law fully implements international treaties, it has been confirmed that there are some differences between concepts. And finally, an improvement plan was presented to overcome the problems caused by the differences.
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Sarkina, I. S., i I. V. Stavichenko. "Annotated list of macromycetes of the «Ayudag Mountain» landscape reserve". Title in english, nr 10 (19.12.2019): 44–60. http://dx.doi.org/10.36305/2413-3019-2019-10-44-60.
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The first annotated list of macromycetes of the «Ayudag Mountain» State Nature landscape reserve is presented in this article. There are 196 species and 5 varieties, 13 from which are new to Crimea. 7 species are included in Red Books of the Russian Federation, the Republic of Crimea and the city of Sevastopol: Amanita caesarea , Boletus regius , Ganoderma lucidum , Hericium erinaceus , Lactarius chrysorrheus , Phaeolepiota aurea , Rubroboletus satanas ; Hericium erinaceus is included in Appendix I to the Berne Convention.
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Forere, Malebakeng Agnes. "Protecting Copyrights and Neighbouring Rights in the Music Industry in Southern Africa: A Need for Regulatory Convergence". African Journal of International and Comparative Law 26, nr 4 (listopad 2018): 585–615. http://dx.doi.org/10.3366/ajicl.2018.0250.
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This article compares the copyright laws of Botswana, Lesotho, Mozambique, South Africa, Swaziland and Zimbabwe governing music as against the Berne Convention with a view to determine similarities which are necessary in the Internet age. The findings point to divergence in the standards of protection, thereby calling for harmonisation of laws in the Southern African region. In addition, the article recommends the ratification of the WIPO Internet treaties to respond to the new forms of infringement posed by the advent of the Internet and advancements in technology.
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Schantz Lauridsen, Palle. "Kampen om Sherlock Holmes – forfatterret, moral og teater". Peripeti 17, nr 32 (21.08.2020): 35–49. http://dx.doi.org/10.7146/peri.v17i32.123728.
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I årene omkring 1900 blev forfatteres rettigheder til deres værker fastslået i den internationale Bernerkonvention ”til værn for litterære og kunstneriske værker”. Nationale lovgivninger fulgte op på konventionen, men flere aktører gjorde, hvad de kunne for at finde sprækkerne i loven. Artiklen undersøger de ophavsretmæssige tvistigheder omkring en række Sherlock Holmes-stykker på tyske og danske teatre i perioden 1902-1907.
In the years around 1900, authors’ rights to their works were determined in the International Berne Convention “for the Protection of Literary and Artistic Works”. National legislation followed up on the Convention, but several agents did what they could to find the gaps in the law. The article examines the copyright disputes surrounding a number of Sherlock Holmes plays in German and Danish theaters in the period 1902-1907.
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Lee, Ju Yoen. "Problems in Applying Article 5 (2) of the Berne Convention in International Copyright Infringement Litigations". Korea Private International Law Journal 24, nr 1 (30.06.2018): 67–123. http://dx.doi.org/10.38131/kpilj.2018.06.24.1.67.
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Brooks, Eric M. ""Tilted" Justice: Site-Specific Art and Moral Rights after U.S. Adherence to the Berne Convention". California Law Review 77, nr 6 (grudzień 1989): 1431. http://dx.doi.org/10.2307/3480684.
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Davies, Peter G. G. "Non-Compliance – a Pivotal or Secondary Function of CoP Governance?" International Community Law Review 15, nr 1 (2013): 77–101. http://dx.doi.org/10.1163/18719732-12341243.
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Abstract This article seeks to assess the extent to which Conferences of the Parties (CoPs) of Multilateral Environmental Agreements (MEAs), rather than other treaty bodies established within MEA regimes, have played and continue to play a role in the establishing and operation of compliance systems and techniques. The roles of plenary bodies of a number of earlier MEAs adopted in the 1970s provide the particular focus of discussion (CITES, RAMSAR, the CMS Convention, LRTAP and the Berne Convention). Discussion will focus on the given plenary body’s role in the following areas: clarification of compliance by means of the interpretation of primary rules; the monitoring and verification process; establishing reporting requirements and improving reporting by parties; the facilitation of compliance by means of capacity-building and funding; the establishment and development of non-compliance procedures and mechanisms without an express treaty basis; and, finally, determining the consequences of non-compliance.
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Karetsos, George, Alexandra D. Solomou, Panayiotis Trigas i Konstantinia Tsagari. "The vascular flora of Mt. Oiti National Park and the surrounding area in Greece". Journal of Forest Science 64, No. 10 (8.11.2018): 435–54. http://dx.doi.org/10.17221/65/2018-jfs.
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This paper presents the first comprehensive checklist of vascular plants for an especially important area for biodiversity, namely National Park “Ethnikos Drymos Oitis” – Natura 2000 site (GR2440004) and the surrounding area in Greece. This list includes a total of 1,153 plant taxa, including 79 endemic taxa and two local endemic species (Allium lagarophyllum Brullo, Pavone & Tzanoudakis and Veronica oetaea Gustavsson). It is noteworthy that 551 plants are new records for the flora of Mt. Oiti. A total of 67 taxa are protected by national and international legislation, while 52 orchid taxa are also protected by the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES). Veronica oetaea, a priority species of Annex II of the Directive 92/43, is also protected by the Berne Convention. The high plant species diversity and endemism make Mt. Oiti National Park an important area with high conservation value, thus providing baseline information which could be utilized for further research.
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Albarashdi, Saleh Hamed, i Muhammed Masum Billah. "Restrictive Conditions for Free Uses of Copyrighted Materials under Omani Law and Their Implications for Users’ of Copyrighted Materials". Journal of Arts and Social Sciences [JASS] 10, nr 3 (31.12.2019): 35. http://dx.doi.org/10.24200/jass.vol10iss3pp35-45.
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Omani Copyright and Neighboring Rights Law of 2008 contains a list of exceptions to the exclusive rights of copyright holders. These exceptions allow people to copy and use copyrighted materials in certain cases without paying any fees or obtaining any permission from the copyright holders. The exceptions cover free uses for purposes like teaching, education, quotation in another work, dissemination of news etc. However, the Omani Copyright and Neighboring Rights Law puts many conditions for such free uses. Some of these conditions mirror similar conditions under the Berne Convention and other copyright conventions to which Oman is a party. Other conditions under Omani law are more restrictive than those that appear under international conventions. These additional conditions restrict the scope of free uses of copyrighted materials in Oman. Yet, some countries like USA and Canada, despite their being parties to the same international conventions, have much wider exceptions under their national legislation. The paper, therefore, recommends that Oman should follow the legislative approach of those countries in order to widen the scope of copyright exceptions for the benefits of users of copyrighted materials in Oman.
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CASTONGUAY, STÉPHANE. "Creating an Agricultural World Order: Regional Plant Protection Problems and International Phytopathology, 1878–1939". Agricultural History 84, nr 1 (1.01.2010): 46–73. http://dx.doi.org/10.1215/00021482-84.1.46.
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Abstract Beginning in 1878 with the International Phylloxera Convention of Berne, international conventions have sought to relieve national agricultural industries from two specific burdens. First, by defining phytosanitary practices to be enforced by national plant protection services, these conventions attempted to prevent the introduction of plant diseases and pests into national territories from which they were previously absent. Second, by standardizing these practices—especially through the design of a unique certificate of inspection—the conventions attempted to eliminate barriers such as quarantines affecting international agricultural trade. The succession of phytopathological conventions seemed to epitomize the coalescence of an international community against agricultural pests. What actually coalesced was bio-geopolitics wherein plant pathologists and economic entomologists from North America and the British Empire questioned the so-called internationality of the environmental and economic specificities of continental European agriculture, embodied in "international" conventions. Although an international phenomenon, the dissemination of agricultural pests provided opportunities for cooperation on a strictly regional albeit transnational basis that pitted bio-geopolitical spaces against each other. This article retraces the formation of these spaces by analyzing the deliberations of committees and congresses that gathered to define an international agricultural order based on the means to prevent the spread of plant disease and pests.
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Al-Farouqi, Akhmad, Nandang Sutrisno i Budi Agus Riswandi. "The Law of Anime: Otaku, Copyright, Fair Use, and It’s Infringements in Indonesia". JIPRO : Journal of Intellectual Property 3, nr 1 (1.07.2020): 42–60. http://dx.doi.org/10.20885/jipro.vol3.iss1.art3.
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The massively growing popularity of Japanese animation or Anime creates a certain movement and has exported cultural form in another reflection from their fans in many countries. It can be in a form of data such as films, pictures, videos, or made by fans such as fan-subs, fan arts, fan-fictions or it can be in a real form such as clothes, merchandises or costumes for cosplayers. In Indonesia copyright is regulated in the Law no. 28 of 2014 on Copyright while internationally copyright are regulated by some of international convention and agreements such as Trade-Related Aspects of Intellectual Property Rights Plus concluded by WTO; Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention concerning protection of neighboring rights to literary works which are concluded by WIPO. Even though the infringement of intellectual property rights violated copyright and it is nationally and internationally protected by law, but the phenomenon of violation of this anime is can be easily found in daily life and massively growing, and due to unclear limitations and parameters of the balance in enjoying the economic benefits of reasonable interest which also regulated in Article 44 and is called as fair use however, questions arise, what kinds of movement which infringing the law and which one is not.
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Parkhomenko, M. О., V. H. Kletionkin, J. H. Shherba, R. L. Yavorivskyi i О. О. Bezsmertna. "ЕКОЛОГО-БІОЛОГІЧНІ ОСОБЛИВОСТІ PONTECHIUM MACULATUM (L.) BÖHLE & HILGER (BORAGINACEAE) НА ТЕРИТОРІЇ НПП «ДВОРІЧАНСЬКИЙ»". Scientific Issue Ternopil Volodymyr Hnatiuk National Pedagogical University. Series: Biology 81, nr 4 (13.07.2022): 6–10. http://dx.doi.org/10.25128/2078-2357.21.4.1.
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The research results of Pontechium maculatum (L.) Böhle & Hilger distribution in Dvorichansky National Nature Park "(hereinafter NPP" Dvorichansky "), which have been carried out throughout 2020 – 2021 are described. P. maculatum is included in the international conservation lists, namely in the European Red List of Vascular Plants (IUCN), Resolution №6 of the Berne Convention, and in some regional red lists. During the period of our research, we have registered 9 plots with P. maculatum populations. Among them we indicated 73 plants in 24 localities where the populational conditions, the phenological phase of plants development, the number of flowering individuals and the number of flowers on the plants were observed. Also, the peculiarities of natural habitats and biotope affiliation of P. maculatum are analyzed.
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Khadka, Santosh. "Copyright Legislations and “Public Good”: A Multinational Survey". Literary Studies 28, nr 01 (1.12.2015): 85–96. http://dx.doi.org/10.3126/litstud.v28i01.39578.
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In this article, I survey the domestic copyright legislations of four countries: the USA, India, Sri Lanka, and Nepal, and examine the stated or implied provisions of “public good” across these nations. My inquiry specifically concerns whether or not their copyright legislations take into account the “public good” aspect at all. The Berne Convention provides some space exclusively for developing and underdeveloped countries to include the clauses related to “public good” in their copyright legislations, while same privilege is denied to developed countries. I am, therefore, interested in exploring whether or not developing/underdeveloped countries, like India, Sri Lanka, and Nepal, have taken advantage of that provision and, therefore, whether their legislations have more “public good” provisions compared to their developed counterparts.
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Sastrawan, Gede, i Gede Sastrawan. "ANALISIS YURIDIS PELANGGARAN HAK CIPTA PADA PERBUATAN MEMFOTOKOPI BUKU ILMU PENGETAHUAN". Ganesha Law Review 3, nr 2 (1.07.2021): 111–24. http://dx.doi.org/10.23887/glr.v3i2.446.
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This article discusses the Juridical Analysis of Copyright Infirigement On The Act Of Photocopying Books of Science. Copyright is a part of Intellectual Property Rights (HKI). The copyright phrase comes from a foreign term, namely Copyrights. The term Copyrights was first put forward in the Berne Comvertion (International Convention on Copyright concerning the protection of Art and Literature) which was held in 1886. According to Article 1 number (1) of Law Number 28 of 2014 concerning Copyright, it states that "Copyright is the right exclusive to the creator that arises automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of the legislation.
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Žárská, Petra. "The Right to Prevent Destruction of Murals". DANUBE 13, nr 1 (1.03.2022): 67–81. http://dx.doi.org/10.2478/danb-2022-0005.
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Abstract The destruction of murals burdens artists around the world. Many times, the only option they can rely on is the prohibition of any distortion, mutilation or modification of work under art. 6bis of the Berne Convention, because multiple legal orders are silent on the prohibition of destruction. Thus, this comparative analysis will impartially evaluate legal protection of murals in the USA, France and Germany. The author will thoroughly scrutinize and compare biding laws and case law of selected jurisdictions. The aim of the analysis is to assess the level of protection afforded by the integrity right, which will lead to the conclusion on the necessity of the right to prevent destruction of artwork as a separate right included in Copyright acts.
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Alqudah, Fayyad. "The Legal Protection of Databases: a Study of Jordanian Law". Arab Law Quarterly 22, nr 4 (2008): 359–86. http://dx.doi.org/10.1163/157302508x374401.
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This article deals with the legal protection of databases under Jordanian law. Section 1, on protection afforded under international conventions and agreements, discusses four international conventions: i.e., the Berne Convention for the Protection of Literary and Artistic Works, Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, World Intellectual Property Organization Copyright Treaty (WCT) and Arab Convention on Copyright. Section 1.1. discusses the legal base in Jordan for such protection under international conventions. According to Jordanian law and court practice, international conventions to which Jordan is party have supremacy over the provisions of local law. In Section 1.2., the scope of protection, including exceptions and limitations, is discussed. Databases are protected under these conventions if the selection and arrangement of their content can be shown to be intellectual property. Section 1.3. is devoted to the remedies these conventions offer. It is shown that the TRIPS Agreement includes detailed provisions that afford administrative, precautionary, as well as civil and criminal protection to authors of databases. Section 2.1., on protection under Jordanian law, shows that Jordanian Copyright Law (JCL) provides a legal base for protection of databases in its provisions, as discussed in Section 1.1. The scope of protection, including exceptions and limitations, is presented in Section 2.2. In addition to protecting the author's traditional rights to the database created, JCL has introduced legal measures to protect the technology used to prevent illegal access to databases. Section 2.3. discusses the remedies afforded under local law, i.e., administrative, precautionary measures as well as civil and criminal protection. Also, Jordanian courts have upheld such protection in all areas. Thus, one may conclude that databases are protected under the Jordanian legal system to the same degree upheld in the TRIPS Agreement and in compliance with international standard.
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Tamimi, Essam Al. "Current U.A.E. Copyright Law and how it Compares and Contrasts with Wto's Trips-Agreement and the Berne Convention". Journal of World Intellectual Property 2, nr 3 (1.11.2005): 371–91. http://dx.doi.org/10.1111/j.1747-1796.1999.tb00066.x.
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Akhmadova, Maryam Abdurakhmanovna. "International legal protection of copyrights in the medical sphere of BRICS countries". Международное право и международные организации / International Law and International Organizations, nr 2 (luty 2020): 40–53. http://dx.doi.org/10.7256/2454-0633.2020.2.32914.
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The subject of this research is multilateral international acts in the area of copyright that were joined by the BRICS countries – Berne Convention, Universal Copyright Convention, TRIPS Agreement, etc., as well as bilateral agreements between the governments of Russia and Brazil in 2007, Russia and India in 1994, Russia and China in 1992, Russia and South Africa in 2014, which regulate different legal aspects of realization of joint scientific and technological activity, namely in the sphere of medicine. Attention is focused on the problematic moments associated with the spread of copyright regime upon certain objects of medical activity. The scientific novelty of this work consists in articulation of the problem and approaches to its research. The authors comes to the conclusion that the BRICS countries have formed a sufficient international legal system for the protection of copyrights with one, but serious flaw substantiated by the refusal of India and Brazil to join the Agreement of World Intellectual Property Organization. Proliferation of scientific information through the Internet requires more stringent regulation on the international level, since it inflicts substantial damage to the authors of scientific works.
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Юмашев, Юрий, Yuriy Yumashev, Елена Постникова i Elena Postnikova. "INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)". Journal of Foreign Legislation and Comparative Law 3, nr 4 (23.08.2017): 93–98. http://dx.doi.org/10.12737/article_598063fae98166.23072693.
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The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court).
The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.
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Cai, Zhengyan. "More Creativity and Less Restriction: About the Relationship between Translation and Copyright". International Journal of Social Science Studies 10, nr 5 (13.09.2022): 81. http://dx.doi.org/10.11114/ijsss.v10i5.5681.
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This article discusses the importance of adjusting the attitude toward the copyright of translation, taking the articles in United States Copyright Law and the Berne Convention as the reference. By looking into various incidents and examples in translation across different languages and areas, and among licensed and voluntary translator communities, the article discusses the significant amount of creative labor and intellectual work in the translation and why less restriction from the original work’s copyright can lead to quality improvement in translation. The article concludes that creativity takes an influential role throughout the translation process, and an environment with fewer restrictions from the copyright holder of the original work can boost the average quality of the translations. Hence, society can fully benefit from U.S. copyright law’s core purpose of promoting “the Progress of Science and useful Arts.”
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Gagiu, Adrian. "The first recorded occurrence of Hirudo verbana Carena, 1820 (Hirudinea: Arhynchobdellida: Hirudinidae) in Romania". Travaux du Muséum National d'Histoire Naturelle "Grigore Antipa" 53, nr 1 (1.12.2010): 7–11. http://dx.doi.org/10.2478/v10191-010-0001-z.
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The first recorded occurrence of Hirudo verbana Carena, 1820 (Hirudinea: Arhynchobdellida: Hirudinidae) in Romania In 2005, a Hirudo verbana specimen was observed in Stracoş Valley, within the Tăşad Reserve (Bihor county, north-western Romania). Since the coloration pattern of this once forgotten species matches its genetic differentiation, the identification of the specimen as belonging to the southeastern European H. verbana appears plausible. The species was previously cited in southern, central and eastern Europe, but not in Romania. Therefore, the present observation might be its first recognized occurrence in the country. As recently pointed out, H. verbana is one of the three species commonly known as the European medicinal leech and the most abundant as such. Most international and national conservation legislation containing only H. medicinalis (including IUCN, CITES, Berne Convention) needs completion, according to the new taxonomy.
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Le, Van Anh. "Moral rights and their position in the digital world". Ministry of Science and Technology, Vietnam 64, nr 3 (20.12.2022): 46–54. http://dx.doi.org/10.31276/vmostjossh.64(3).46-54.
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The proliferation of technology and the internet has made moral rights more vulnerable than ever. Although the digital age plays a significant role in disseminating culture to a larger audience, the online environment also comes with a threat to the author’s personal interests. Their “spiritual children” are more easily under attack. However, under international law, moral rights have not been considered duly. The Berne Convention, the TRIPS Agreement, WIPO Internet Treaties, and even EU Harmonize Directives all shy away from the moral rights issue in the “Digital age”. In an era when technology is developing faster than the laws regulating it, the exigency for moral rights development in copyright law must be paid more attention. This paper examines how the internet influences the protection of moral rights and to what extent it has made them more susceptible.
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Crommelin, Feyoena, i Olaf Tans. "How to manage cultural space: An agonistic analysis of artistic moral rights". International Journal of Cultural Property 28, nr 2 (maj 2021): 311–24. http://dx.doi.org/10.1017/s0940739121000205.
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AbstractThis article analyzes the debate between the proponents and opponents of artistic moral rights and, more specifically, the right of integrity as recognized in the Berne Convention, with the aid of agonistic political theory. Envisaging art as a site of antagonistic struggle, the right of integrity is conceived of as a state-backed mandate to claim an inviolable place for artistic work, founded on a Romantic notion of authorship. The plea against the entrenchment of this right is considered a counter-hegemonic response that challenges this notion in favor of an unfettered development of art and its surrounding discourse. As such, this debate seems to revolve around a conflict of alleged interests – those of artists, of art’s public, and of art itself. It is argued that insights into the discursive behavior of rights, and, by extension, into the effect of rights discourses on antagonistic struggle, are needed to foster this debate.
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Pollock, Richard A., Ted W. Brown i David M. Rubin. "“Phossy Jaw” and “Bis-phossy Jaw” of the 19th and the 21st Centuries: The Diuturnity of John Walker and the Friction Match". Craniomaxillofacial Trauma & Reconstruction 8, nr 3 (wrzesień 2015): 262–70. http://dx.doi.org/10.1055/s-0035-1558452.
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Some 200 years ago, workers developed gingivitis, periodontal disease, alveolar crest bone sequestra, and draining fistulae after exposure to phosphorous fumes and phosphorous paste in the manufacture of the friction match. Many also suffered loss of teeth and pathologic fracture of the mandible. Known as “phossy jaw,” the constellation rather abruptly vanished following the International Berne Convention of 1906. Today, “bis-phossy jaw” (bisphosphonate-induced osteonecrosis of the jaw) has surfaced with pathologic fractures and other features common to its predecessor, “phossy jaw.” This modern equivalent is reported with ever-increasing frequency and is presented here in the format of a brief historical review and a case report that includes segmental en bloc extirpation of necrotic mandible and pain-free salvage. Computerized imagery and three-dimensional printing technology were successfully chosen to create and apply a custom titanium bone plate, without free-tissue transfer.
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Pesotskaya, V. V. "To ornitofauna of the maniforated forestry of the Kharkov region". Ecology and Noospherology 30, nr 1 (19.02.2019): 56–61. http://dx.doi.org/10.15421/031910.
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Modern forest belts are a large, complex and important part of the biosphere. The unique biocenoses in which specific ornithocomplexes are formed which include birds of different ecological groups are and feed on synanthropic species, birds of the forest, birds of the fields. The aim of the research is to study the features of the formation of ornithocomplexes of different (maple-ash purge forest belts, mixed dense forest belts, acacia purge forest belts, maple-lime openwork forest belts) protective forest belts within the Kharkiv region. In the course of the research we have registered 44 species of birds belonging to 8 rows Falconiformes, Galliformes, Columbiformes, Cuculiformes, Upupiformes, Piciformes, Passeriformes, Ciconiiformes. The formation of ornithocomplexes of protective forest belts depends on various factors. Outstanding is the phytocoenotic composition of forest belts and age structure of plantations. Settling of birds in shelterbelts afforestation occurs gradually, with the growth of trees and change conditions of the biocenosis. The avifauna of maple-ash-tree scavenging forest belts is represented by 39 species of birds. Dominant and subdominant are: ficedula albicollis Temm., Fringilla coelebs L. In mixed shelterbelts purge nest 38 species of birds, is during foraging 2 types. Mixed dense forest belts inhabit 44 species of birds, biodiversity is associated with the floristic composition of the forest belt with significant density and well-formed undergrowth compared to other forest belts. Avifauna gorobinci purge belts are 26 species of birds. Ornithocomplex maple-lime fishnet shelterbelts are 41 species of birds. Analyzing the features of the formation of avifauna of forest belts, it can be argued that these biotopes are inhabited by birds of different ecological groups, biotopes, synanthropic species, birds of the forest, birds of the fields, are able to form unique biotopes. Therefore, field-protective forest plantations combined complex ecosystems. Analyzing the index of similarity of biodiversity of different types of forest belts, it can be argued that the most similar in species composition of birds are mixed dense forest belts and maple-lime openwork forest belts (jacquard Index – 93.1 and Serensen index 96.4) and maple-ash scavenging forest belts with mixed scavenging forest belts (jacquard Index-92.6 and Serensen index 96.2). Determined the relative numbers of registered types for zaplanovano classification V. P. Balka (2009): the most numerous Chaffinch (Fringilla coelebs L.), Zelenyak (Chloris chloris L.), goldfinch (Carduelis carduelis L.), Linnet (Acanthis cannabina L.), song thrush (Turdus philomelos Brehm.), sorokopud of thorns (Lanius collurio L.), Nightingale (Luscinia luscinia L), magpie (Pica pica L.), grey crow (Corvus cornix L.). Rare species are common berestyanka(Hippolais icterina L.), common Buzzard (Buteo buteo L.), common urticaria (Sylvia nisoria L.). The nature protection status of certain bird species is analyzed. 1 species listed in the Red book of Ukraine, 2 species In the red list of Kharkiv region. 2 types to the Washington Convention. Berne Convention Annex II (BC2) – 23 species, Berne Convention Annex III (BC3) – 13 species of birds, Bonn Convention Annex II (Bu2) – 10 species, Bonn Convention Annex I (BO1) – 2 species and 6 species of birds have no conservation status.
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Jelisavac, Sanja. "International regulation of intellectual property rights". Medjunarodni problemi 56, nr 2-3 (2004): 279–303. http://dx.doi.org/10.2298/medjp0403279j.
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Intellectual property refers to creations of the mind: inventions, literary and works of art, as well as symbols, names, images, and designs that are used in commerce. Intellectual property is divided into two categories industrial property, which includes inventions (patents), trademarks industrial designs, and geographic indications of source; and copyright which includes literary and works of art such as novels, poems and plays films, musical works, works of art such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes. 1883 marked the birth of the Paris Convention for the Protection of Industrial Property, the first major international treaty designed to help the people from one country obtain protection in other countries for their intellectual creations in the form of industrial property rights, known as: inventions (patents), trademarks, industrial designs. In 1886, copyright entered the international arena with the Berne Convention for the Protection of Literary and Artistic Works. The aim of this Convention was to help nationals of its member States obtain international protection of their right to control, and receive payment for the use of their creative works such as: novels, short stories, poems plays; songs, operas, musicals, sonatas; and drawings, paintings sculptures, architectural works. The Universal Copyright Convention (UCC) was adopted in 1952 and formalised in 1955, as a complementary agreement to the Berne Convention. The UCC membership included the United States, and many developing countries that did not wish to comply with the Berne Convention, since they viewed its provisions as overly favourable to the developed world. Patent Cooperation Treaty, signed on June 19,1970, provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed. On November 6, 1925, the Hague Agreement Concerning the International Deposit of Industrial Designs was adopted within the framework of the Paris Convention. Under the provisions of the Hague Agreement, any person entitled to effect an international deposit has the possibility of obtaining, by means of a single deposit protection for his industrial designs in a number of States with a minimum of formalities and of expense. The system of international registration of marks is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement that was adopted in 1989. It entered into force on December 1, 1995, and came into operation on April 1, 1996. The reason for adopting the much more recent Protocol, following the original Madrid Agreement of 1891 (last amended at Stockholm in 1967), was the absence from the Madrid Union of some of the major countries in the trademark field, for example, Japan, the United Kingdom, and the United States of America. The Protocol is intended to make the Madrid system acceptable to more countries. The Rome Convention consists basically of the national treatment that a State grants under its domestic law to domestic performances, phonograms and broadcasts. Apart from the rights guaranteed by the Convention itself as constituting that minimum of protection, and subject to specific exceptions or reservations allowed for by the Convention, performers, producers of phonograms and broadcasting organisations to which the Convention applies, enjoy in Contracting States the same rights as those countries grant to their nationals. The World Intellectual Property Organization (WIPO) is an international organisation dedicated to promoting the use and protection of works of the human spirit. These works, intellectual property, are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. In 1974, WIPO became a specialised agency of the United Nations system of organisations, with a mandate to administer intellectual property matters recognised by the member states of the UN. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialised agencies of the United Nations system of organisations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organisation counts 177 nations as member states. One of the successes of the Uruguay Round of trade negotiations was the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement), which came into effect on 1 January 1995, and up to date it the most comprehensive multilateral agreement on intellectual property. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they wish so. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice On January 1, 1996, an Agreement Between the World Intellectual Property Organization and the World Trade Organization entered into force. It provides for cooperation concerning the implementation of the TRIPS Agreement, such as notification of laws and regulations and legal-technical assistance and technical co-operation in favour of developing countries. In the 21st century intellectual property will play an increasingly important role at the international stage. Works of the mind - intellectual property such as inventions, designs, trademarks, books, music, and films, are now used and enjoyed on every continent on the earth. In the new millennium international protection of intellectual property rights faces many new challenges; one of the most urgent is the need for states to adapt to and benefit from rapid and wide-ranging technological change, particularly in the field of information technology and the Internet.
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Spinova, Yuliia, Tetyana Kuchma i Iryna Vyshenska. "Pinus sylvestris L. var. cretacea Kalen. In The ”Kreidova Flora” Branch of Ukrainian Steppe Nature Reserve: Current State and Conservation Measures". Environmental Research, Engineering and Management 75, nr 4 (20.12.2019): 40–46. http://dx.doi.org/10.5755/j01.erem.75.4.23858.
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The "Kreidova Flora" (Cretaceous Flora) branch of Ukrainian Steppe Nature Reserve was created in 1988 to protect unique cretaceous vegetation, including pine forests on chalk. The Standing Committee of the Berne Convention in 2018 added these forests to the list of endangered habitats as “G3.4G Pinus sylvestris forest on chalk in the steppe zone“. For the last 40 years, the area covered with pine trees has doubled, but there are threats of invasive plants, periodical fires and other losses as a result of military actions since 2014. Satellite remote sensing data (Landsat archive) were used to analyze the distribution patterns and disturbances over 40-year period. The assessment of the stability and risks in this habitat shows its rareness, narrow prevalence, poor reproduction, very high (R> 83%) danger of destruction, and strong sensitivity to the environmental changes. Special set of monitoring and conservation measures are considered to provide successful protection of the habitat as a part of Emerald network.
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Sunder, Madhavi. "New Working Group on “Cultural Protocols” Convenes at New York University, 19 August 2011". International Journal of Cultural Property 18, nr 4 (listopad 2011): 459–60. http://dx.doi.org/10.1017/s0940739111000361.
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Protocols in international law seem to be proliferating. Examples of official protocols at international law abound, from the 1967 Stockholm Protocol Regarding Developing Countries (amending the Berne Convention on copyright), to the 1997 Kyoto Protocol on climate change, to the recent Nagoya Protocol on Access and Benefit Sharing in 2010. But what exactly is a “protocol” compared to other international legal instruments, such as declarations and treaties? And why does there seem to be a flurry of new protocols today, in domains as vast as intellectual property and indigenous people's rights? On 19 August a new “working group” convened at the New York University School of Law to begin to study protocols, especially with an eye toward their use as a tool to protect indigenous cultural property—hence, the term “cultural protocols.” The working group is the brainchild of Dr. Jane Anderson of the University of Massachusetts and Professor Barton Beebe of the New York University School of Law.
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Gagliani, Gabriele. "International Economic Disputes, Investment Arbitration and Intellectual Property: Common Descent and Technical Problems". Journal of World Trade 51, Issue 2 (1.04.2017): 335–55. http://dx.doi.org/10.54648/trad2017014.
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Intellectual Property has always been at the heart of international economic governance. Indeed, the 1883 Paris Convention and the 1886 Berne Convention are commonly considered the first instances of international economic regulation. Hence, although the negotiation and adoption of the Agreement on Trade-Related Intellectual Property Rights (TRIPS Agreement) at the WTO and the inclusion of Intellectual Property (IP) rights among the ‘investments’ often covered under international investment agreements seem to have taken some by surprise, this convergence appeared inscribed in the genealogy of the subject. Many scholars have already paid attention to the relationship between trade, IP and investment, but the ‘technical’ issues that litigation in investment arbitration of IP rights (regulated at the national, regional and international level) might generate have apparently gone unnoticed. This article argues that further integration between the two regimes at the dispute settlement level is not desirable in practice for technical reasons. IP law and governance are highly fragmented and allocated among different fora at the international level. This situation is also reflected in the lack of agreement among states on several IP issues. The litigation of IP rights in investment disputes adds to this fragmentation instead of diminishing it and it appears as an attempt to unduly circumvent the discussions of IP questions taking place in intergovernmental fora.