The Object and Purpose of Intellectual Property
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The Object and Purpose of Intellectual Property

Edited by Susy Frankel

Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
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Chapter 12: Use and abuse of neighbouring rights and the growing need for a sound understanding: the case of online news protection in Europe

Valentina Moscon


Increasing recourse to neighbouring rights for the protection of various subject matters, including press publishing and sport events, reveals that the underlying basic concepts are rather vague. This chapter sets out to look first at the distinctive features of neighbouring rights, inquiring in particular as to which achievements reward those rights. The European proposal of a new neighbouring right for press publishers serves as a case study. The issue of protection of news items has been addressed at the international level, where the matter has been hitherto excluded from the scope of IP law. In addition, concrete aspects of the proposed legislation will be considered, focusing on the indeterminacy of the subject matter of protection. While concluding for the inadequacy of the proposed neighbouring right, an alternative holistic approach will be identified.

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