Essays about: "exhaustion doctrine"

Showing result 1 - 5 of 11 essays containing the words exhaustion doctrine.

  1. 1. Admissibility of the principle of exhaustion of the right of distribution in the European digital environment for e-books after the UsedSoft case and the Tom Kabinet case

    University essay from Stockholms universitet/Juridiska institutionen

    Author : Volha Nikalayeva; [2022]
    Keywords : exhaustion doctrine; digital exhaustion; exhaustion theory; exhaustion principle; e-books;

    Abstract : The debate of recognition or non-recognition of the digital exhaustion doctrine of the right of distribution for the copyrighted objects other than computer programs has been actively carrying on within the last decades in the EU. The explosive growth of the electronic versions of works and digitalization of the traditional copyrighted objects leads to new questions and challenges about its dissemination and usage by consumers. READ MORE

  2. 2. Choosing licensing level by SEP holder- right or abuse?

    University essay from Stockholms universitet/Institutet för immaterialrätt och marknadsrätt (IFIM)

    Author : Anastasiia Klymenko; [2022]
    Keywords : ICT; SEP; FRAND; anti-competition; connectivity; doctrine of patent exhaustion.;

    Abstract : In the modern, sophisticated world, connectivity has become a part of everyday routine: answering the phone call through the car or sending emergency calls by smartwatch to the nearest hospital. The ICT industry is the one that enables this connectivity by developing such technologies as 3G, 4G, 5G and WI-FI that can connect the phone with a smartwatch, car, house or speaker. READ MORE

  3. 3. Digital exhaustion in European Union

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Agata Drzewińska; [2019]
    Keywords : copyright; exclusive rights; exhaustion doctrine; digital exhaustion; e-books;

    Abstract : The plea of applying the exhaustion doctrine to intangible copies of copyrighted artistic works has been extensively discussed within scholar circles. Although, the debate substantially concerns provisions of the international treaties and the explanation of the exhaustion doctrine under European Union copyright law, the subject brings more uncertainties. READ MORE

  4. 4. Post-sale restrictions in patent and trademark licensing agreements: Validity and compliance with competition law

    University essay from Lunds universitet/Juridiska institutionen

    Author : Pauliina Sutinen; [2018]
    Keywords : Post-sale Restrictions; Licensing; Exhaustion Doctrine; Article 102 TFEU; Tying; Abuse of Procedure; Misuse of IP; Law and Political Science;

    Abstract : Post-sale restrictions in patent and trademark licensing agreements and their validity and compliance with competition law emphasize the problematic to what extent the intellectual property holder may enforce its IP rights. In today’s innovative markets, licensing is a one form of how the IP holder may exploit its IPR and obtain revenues. READ MORE

  5. 5. DIGITAL EXHAUSTION IN THE EUROPEAN UNION

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Rodrigo Perpétuo; [2018]
    Keywords : digital exhaustion; first sale doctrine; exhaustion theory; exhaustion doctrine.;

    Abstract : In the past, copyrighted works were distributed exclusively through physical means, while copyright law developed to bestow copyright holder a privilege to decide when and under what circumstances a work should be put into circulation. The first sale doctrine, however, limited that ability in so far as, once a product is sold, copyright owners can no longer control the flow of that particular product, benefiting consumers and society in several ways. READ MORE