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  1. IIC - International Review of Intellectual Property and Competition Law
  2. IIC - International Review of Intellectual Property and Competition Law : Volume 47
  3. IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 5, August 2016
  4. Neighbouring Rights for Publishers: Are National and (Possible) EU Initiatives Lawful?
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IIC - International Review of Intellectual Property and Competition Law : Volume 49
IIC - International Review of Intellectual Property and Competition Law : Volume 48
IIC - International Review of Intellectual Property and Competition Law : Volume 47
IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 8, December 2016
IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 7, November 2016
IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 6, September 2016
IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 5, August 2016
Patents on Tomatoes and Broccoli: Legal Positivists at Work
3D Printing, Intellectual Property and Innovation Policy
D’Arcy v. Myriad Genetics: A Demand for the “Made” or “Non-Information” and Clear Subject Matter?
Neighbouring Rights for Publishers: Are National and (Possible) EU Initiatives Lawful?
Mind the Gap? An Analysis from a German Competition Law Perspective of the European Commission’s Proposal to Review Non-Controlling Minority Shareholdings Under European Merger Control Law
“Warning Letter/Technicolor” : Decision of the Supreme Court (Cour de cassation) 27 May 2015 – Cases Nos. D/2014/10800 and B20150042
“Drive Mechanism for Garage Doors” (Antriebsvorrichtung für Garagentore) : Decision of the Federal Supreme Court (Bundesgerichtshof) 2 June 2015 – Case No. X ZR 55/13
“Steel Component for Automobiles” (Kfz-Stahlbauteil) : Decision of the Federal Supreme Court (Bundesgerichtshof) 20 October 2015 – Case No. X ZR 149/12
“Liffers” : Decision of the European Court of Justice (Fifth Chamber) 17 March 2016 – Case No. C-99/15
“PRETUL” : Decision of the Supreme People’s Court 26 November 2015 – Case No. (2014) Min Ti Zi No. 38
“Kaïten” : Decision of the Paris Court of Appeal (Cour d’appel) 12 May 2015 – Cases Nos. RG 2014/04346; M20150178
IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 4, June 2016
IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 3, May 2016
IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 2, March 2016
IIC - International Review of Intellectual Property and Competition Law : Volume 47, Issue 1, February 2016
IIC - International Review of Intellectual Property and Competition Law : Volume 46
IIC - International Review of Intellectual Property and Competition Law : Volume 45
IIC - International Review of Intellectual Property and Competition Law : Volume 44

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Neighbouring Rights for Publishers: Are National and (Possible) EU Initiatives Lawful?

Content Provider Springer Nature Link
Author Rosati, Eleonora
Copyright Year 2016
Abstract To tackle the financial difficulties facing the newspaper industry, different solutions have been advanced in Europe. These have resulted in either the conclusion of consensual agreements or the adoption of national legislative initiatives to create sui generis rights over news content. Currently also the EU Commission is considering whether a neighbouring right for publishers – whether in the press sector alone or also other sectors – should be proposed for adoption at the EU level. This contribution discusses: (1) the compatibility with EU law of national legislative initiatives that have resulted in the creation of sui generis rights for press publishers; and (2) whether a neighbouring right for publishers may be adopted at the EU level and, if so, what changes of the copyright acquis are required. It concludes that, while the former may be contrary to Member States’ obligations under EU law, the latter may be pursued by amending relevant Directives.
Starting Page 569
Ending Page 594
Page Count 26
File Format PDF
ISSN 00189855
Journal IIC - International Review of Intellectual Property and Competition Law
Volume Number 47
Issue Number 5
e-ISSN 21950237
Language English
Publisher Springer Berlin Heidelberg
Publisher Date 2016-07-11
Publisher Place Berlin, Heidelberg
Access Restriction One Nation One Subscription (ONOS)
Subject Keyword Copyright Digital Single Market Strategy Ancillary rights International IT and Media Law, Intellectual Property Law Ancillary copyright Directive 2006/115 News aggregators Neighbouring rights Directive 2001/29 EU Commission
Content Type Text
Resource Type Article
Subject Political Science and International Relations Law
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