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Whatever the direction a discussion nowadays on contemporary copyright is taking, it is fair to assume that the issue of the balancing of interests will be raised. The chapter looks at the official balancing acts that meet in copyright statutes anywhere (economic versus moral rights; copyright versus related rights; rights versus remedies) as well as those that are not so often mentioned, but that nevertheless have an impact on the understanding of the law (justifications for copyright; shifting identities within copyright law). Canadian law is used to provide examples, but the reasoning can easily resonate elsewhere. Keywords: copyright, copyright balance, copyright subtext, international copyright, collective management, copyright exceptions.
Maurice Adams and Corien Prins
The transformative impact of digitalization on society and the state of democracy can scarcely be overestimated. Effects are visible within the national state and across borders, as well as on knowledge production and political participation and social structures. In this introductory chapter, the variety of norms and ideals which are reflected in just as many different conceptions of democracy are singled out with regard to the respective chapters in this volume. Based on this, also some further thoughts on the topic are elaborated upon and a networked approach is advocated.
Edited by Johanna Gibson
A consumer survey, as an instrument used to gather data on the beliefs and attitudes of consumers towards trademarks or products, is considered to have vital influence in trademark litigation. In recent years, courts have come to rely increasingly on the results of surveys conducted by one or both litigants in trademark lawsuits. The practical issue for trademark litigants is determining whether, when and how to develop survey evidence, given the cost, time, and other constraints. To shed light on this specific issue, we undertook a statistical analysis of trademark infringement cases in China. By examining 17 836 cases decided by China's courts over a 16-year period from 2001 through 2016, this article presents an empirical study assessing the statistical relationship between the presentation of survey evidence and case outcomes. The goal of our study is to help trademark litigants to determine the importance and value of presenting consumer surveys in trademark infringement case and make more informed decisions about their litigation strategies.