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Ysolde Gendreau

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.

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Preface

Second Edition

Edited by Paul Torremans

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INTRODUCTION

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter sets the limits for the study by defining the purpose, scope, jurisdictional advantages for the plaintiff (jurisdiction strategies) and limits. Keywords: purpose; scope; jurisdiction strategies; limits

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EXTENDED TABLE OF CONTENTS

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

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OVERVIEW

Law and Practice

Jeffrey Belson

Certification and collective marks are special forms of trademarks that ab initio are for the use of multiple sources, subject to the proprietor’s authorization. These marks engender particular issues of law and policy that are related to but distinct from the law and policy of ordinary (or ‘individual’) trademarks. A certification mark indicates that certain characteristics of the marked goods or services conform to particular standards. Collective marks attest primarily to membership of the individual source of the marked goods or services in a particular association such as a trade association. The ensuing chapters explore the historical development of both these types of marks, the connections between them, pertinent trademark law and practice, certifiers’ and membership associations’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. Key words: certification mark; collective mark; law; policy

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Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina

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Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina

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EXTENDED CONTENTS

Law and Practice

Jeffrey Belson

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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.

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Robert P. Merges and Amy L. Landers