All talk and no bite: Copyright infringement and piracy trends in India

The Copyright Act 1957 presents the face of modern copyright protection afforded to different intellectual works and is a key statement of intellectual property rights (IPR) in the Indian legislation governing this domain, as well as being compliant to the TRIPS Agreement on Trade Related Aspects of Intellectual Property Rights. This Act has been acceptably referred to on many occasions on global platforms, on account of its being one of the most elaborate and well-structured pieces of legislation in the field of intellectual property law. However, this well encompassing, highly creditable and widely acknowledged legislation seems to fall down in its practical implementation rendering its theoretical purpose partly futile. The situation so stands, that India continues to project major piracy rates with little regression in the trend despite the fact that this law is still very much in force. The reasons which deny effective copyright protection in India, for works of miscellaneous categories, have much to do with the lack of an equally strong enforcement mechanism. This paper provides an insight into the inadequacies of the Indian legal and administrative systems which have ultimately diminished the effectiveness of the copyright regime contrary to that envisioned by the law.     

Multimedia Works and Categorization in UK Copyright Law

‘A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review ofideas, articles, books, films and other media. It will includereplies (and rejoinders) to articles, the evaluation of newideas or proposals, and reviews of books and articles both directlyand indirectly related to intellectual property law.

Copyright Law in the Digital Society—The Challenges ofMultimedia By Tanya Aplin, 2005, Hart Publishing Price: £60,Hardback, ISBN: 1-84113-356-6, pp. 320   The protection of multimedia     

Experimental use and patent infringement in Europe

Bird & Bird's Trevor Cook has produced another thoroughand insightful analysis, this time on the important area ofdefences to patent infringement for research activities in Europeand, in particular, the UK. The work, published both as a Report of the Intellectual PropertyInstitute and, in abbreviated form, in the Intellectual PropertyQuarterly, assesses historical and international perspectiveson defences for experimental or private uses and regulatoryreview. It analyses, in turn, the consequences for failing     

Crown Copyright Regulation in the UK - Is the Debate Still Alive?

Having been an observer of public policy towards Crown copyrightfor a number of years now it is interesting to see just howfar government has moved over the past decade in its stanceon the issue. What began as a fairly entrenched viewpoint thatCrown copyright was a necessary instrument of control over theprocess of official publication, seems now to have moved forwardto a position that permits more radical thinking about the policy.Originally the enforcement of Crown copyright was seen as ameans of maintaining control over the publication of the material,with a licensing policy for re-use and added-value exploitationby the private sector publishing industry. The private sectoritself had long argued that the policy diminished prospectsfor the proper exploitation of official information. This itargued had had a detrimental effect, both for the industry itselfand the degree to which the information might be used for thebenefit of the national economy. Government began to listento these arguments but HM Treasury consistently maintained theneed for departments and agencies to recover costs and in somecases obtain profits from the distribution of official information.It was seen very much as a resource belonging to cost centresthat should be exploited. Since the fall of the former ConservativeGovernment it has become clear that those engaged in this debateare no longer as committed to these trenchant positions as theyonce were. Instead it would seem that a more open debate isunderway within a broader reassessment of the nature, organizationand functioning of the public services. This article exploresthe progress in that debate and assesses where the policy nowstands.     

Crime prevention in residential districts by urban planning measures

Crime prevention cannot be achieved through police control alone, nor can it be achieved through interventions in the physical or social urban environment alone: it needs a combination of several approaches. The concept of defensible space proved to be too limited in scope for direct application. A proper combination of strategies integrates inter alia urban design, community organization and housing management. Urban planning, in a wider sense, can be conducive to the reduction of crime and fear of crime. Examples of urban planning concepts and elements illustrate the variety of (possibly) preventive measures. The measures should be embedded in an integrative criminal policy on the municipal level.     

美国的版权产业和版权贸易

版权产业和版权贸易是知识产权产业的重要组成部分。根据美国“国际知识产权联盟”2002年4月发表的研究报告显示,近10年来,美国的版权产业在美国经济中迅速崛起,成为一个重要的新兴产业部门,并极大地促进了版权贸易的发展。 一、版权产业的由来 美国的版权产业是指以版权为基础的产业部门,例如新闻和图书出版业、各种电脑软件设计制造业、影视音乐和电视节目制造传播业等等。这些部门的产销活动与版权法息息相关,它们以版权法的强有力的执法保护为生命线,这是版权产业最本质的共同特征。     

版权证券化中的版权及相关权利转让问题研究

版权证券化是版权生产募集资金的新形式.版权证券化区别于传统融资方式之处在于其以独立的版权资产信用而非企业信用作为发行证券的基础,为了使版权资产与发起人自身的风险隔离,发起人需将版权及其相关权利转让给特定目的机构.因此研究版权证券化中的版权及相关权利转让法律问题对版权证券化的成败至关重要,我国著作权法等法律并非为版权证券化而设,相关制度还需完善.     

网络版权保护十年:产业与制度的相生相克

自2006年《信息网络传播权保护条例》颁布至今,中国网络版权保护已走过十年历程,立法上形成了以《侵权责任法》互联网专条为核心的侵权规则体系,执法上形成了以“剑网行动”为核心的行政管理手段,网络版权侵权形态也从网络服务提供者与著作权人的冲突逐步转向网络服务提供者之间的矛盾.然而展望未来制度变革方向,可以发现对部分版权制度的认知和固守已给版权产业的进步造成制度瓶颈,立法者和主管机关往往过于依赖采取“堵”的方式解决保护问题,却不愿意放手产业主体自行构建授权机制来完善“疏”的途径,致使高效合规的版权市场因授权机制的落后而无法形成.     

Weighing the parody factor in a trade mark infringement and dilution case

On appeal, the Fourth Circuit affirmed the district court'sdecision that Haute Diggity Dog's (HDD) parody pet toys of famousbrands was not likely to cause confusion with those of LouisVuitton Malletier's (LVM) products. LVM's copyright, trade markdilution, and other claims were also rejected.     

Knowledge flows between universities and industry: the impact of distance,technological compatibility,and the ability to diffuse knowledge

The Journal of Technology Transfer - This paper uses citations to university-issued patents to investigate the knowledge flow from 91 US research universities to businesses assigned to...     

The impact of the US legislation on company measures of control and prevention

The spectacular business scandals in recent years have led both the legislative and business companies to rethink and redesign their strategies. This article analyzes the worldwide impact of reforms in economic crime legislation emanating from the USA. Empirical data are reported showing that the US regulations are generating a spillover effect spreading beyond its sphere of operation. It is particularly notable that international stock-exchange-listed companies are orienting themselves increasingly toward the legal standards of the USA. Translated from the German by Jonathan Harrow, Bielefeld.

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苏联舆论审查与版权法的畸变

沙俄时期的版权法直接借鉴了法、德等国的法律，1911年版权法达到了西欧国家的保护水平。十月革命后，在苏维埃社会主义国家与法律框架下，版权法屡经修改，在基本保留欧洲版权法律框架的基础上，保护水平不高，公法化倾向明显。但是，按照苏维埃所理解的表达自由，苏联当局一直实施严厉的言论审查，作者受到迫害，文化遭遇整肃，版权法没有实现其应有的效力。相反，在专制主义体制下，现代版权畸变为政治特权。     

Anti-theft procedures and fixtures: a randomized controlled trial of two situational crime prevention measures

Objectives  

This study was designed to test two problem-focused situational crime prevention treatments (protective display fixtures and special high-loss product handling procedures) on loss and sales levels of a perennial ‘hot product’ (premium shaving blade replacement packs).     

Popular Music and Copyright Law in the Sixties

Copyright and its relationship with popular music is one of the most disputed issues amongst music and copyright scholars. While some have accused copyright of being blind (or deaf) to the particularities of popular music, others have defended its significance within the industry. This article contributes to this debate by tracing the networks of connections between lawyers, musicians, and clerks that emerged in a formative period in British pop music (the Sixties). It considers how their collaborative efforts and strategies to present evidence in copyright infringement trials were articulated in an attempt to influence music copyright infringement tests in Britain. By highlighting the concrete geographical and temporal contexts from which these networks emerged and their particular contingencies, the article also casts a new light on the impact of the legal profession on copyright, showing a practice‐oriented and historically situated way of observing differences between French and British copyright systems.     

Copyright in Inanimate Characters: The Disturbing Proliferation of Microworks and the Negative Effects on Copyright and Free Expression

In its September 2015 decision in DC Comics v. Towle, the United States Court of Appeals for the Ninth Circuit recognized the existence of a copyright for inanimate characters. The court held that the Batmobile – a fictional car driven by a fictional superhero – was an independently copyrightable work. This article explores the problems with the Ninth Circuit's analysis and argues that increasing copyright protection for what the authors call “microworks” is misguided and harms First Amendment interests.     

IPR infringement in the United States: impacts on the input and output of R&D

The Journal of Technology Transfer - This paper examines the impact of intellectual property rights (IPR) infringement on the input (R&D spending) and output (patents) of the research...     

Commercial activities and copyright in Australian universities

With government funding for most Australian universities below 60% and falling a major strategic emphasis for universities has been on securing other sources of operating revenue, including commercial opportunities and partnerships. The implication of increasing commercial activities such as non-award and tailored professional programmes, contract research and consultancies within a university environment raises a number of issues in relation to copyright. This paper will discuss whether the educational provisions (including section 200AB introduced in the 2006 amendments) or the fair dealing provisions within the Copyright Act could be applied if copyright material is reproduced as part of a commercial activity undertaken by a university.     

美国版权滥用原则的演进与反思

版权滥用原则是美国版权法中一项颇有特色的制度，它作为版权侵权诉讼中的一种抗辩理由，最早于1990年Lasercomb案中得以确立。之后的近二十年中，尽管法院对该原则的适用仍存在一定争议，它的适用领域和标准等方面仍得到了进一步发展。