Interests Of Rights Holders Research Articles

Research on the Scope of Obligations of China's Short Video Platforms in the Era of Digital Copyright

In order to balance the interests of right holders, network service providers and users, China first stipulated the "notice-takedown" rule in the Regulations on the Protection of the Right of Information Network Dissemination in 2006. Since the Internet industry is in the early stage of development, the copyright environment is relatively clear, and network service providers do not have to bear high obligations, so the allocation of copyright protection obligations in the rules is reasonable at that time. However, with the iterative development of digital technology and the Internet, various short video platforms have also risen rapidly in domestic and foreign markets. Therefore, it is necessary to re-determine the scope of obligations of short video platforms, summarize the key points of controversy between the theoretical and practical circles on the scope of obligations of short video platforms, point out the problems existing in the scope of obligations of short video platforms, and discuss the role of short video platforms in the obligation of active review, notification and review, and post-event protection obligations. Conduct an in-depth analysis of the extent of the obligations to be undertaken, and redefine the scope of obligations of the short video platform on this basis, with a view to balancing the interests of all parties and promoting the sustainable and healthy development of the short video industry.

The text and data mining opt-out in Article 4(3) CDSMD: Adequate veto right for rightholders or a suffocating blanket for European artificial intelligence innovations?

Abstract By introducing Article 4 in Directive 2019/790 (CDSMD), the European Union legislator intended to both encourage innovation and to provide more legal certainty for text and data mining (TDM) activities. That said, it appears that this provision does not strike a fair balance between the interests of rightholders and Artificial Intelligence (AI) developers. This article argues that Article 4(3) CDSMD does not necessarily strengthen the rightholders’ position whilst potentially hindering the advancement of AI developments in the European Union. It is unclear how the reservation of rights shall be realized in practice. By imposing transparency obligations on AI system providers, the upcoming Artificial Intelligence Act may however allow rightholders to make more effective use of the opt-out mechanism.

Судебная власть в системе средств защиты прав и свобод человека и гражданина

The article is devoted to the study of a number of problems related to the role of the judiciary in the system of means of protecting the rights and freedoms of man and citizen. The author substantiates the point of view that justice differs favorably from other human rights means by being connected by law and law in the substantive and procedural senses, which guarantees the true dominance of legal forms over extra-legal ones. Even if extrajudicial state authorities or local governments exercise their powers in order to realize the legitimate interests of rights holders, such activities should be based on the concept of preventive justice. Any illegal action or inaction of authorized subjects of the state apparatus is under the protective influence of the constitutional institution of subsequent judicial protection, if the right holder considers it necessary to resort to this form when other means have been exhausted.

Towards a Judicial Sustainability Test in Cases Concerning the Enforcement of Intellectual Property Rights

Abstract The environmentally harmful yet common practice of storing and destroying IP-infringing goods is untenable. This contribution discusses a number of more sustainable alternative remedies that can be considered with the aim of creating a balance between the interests of rights holders in ending infringements and the societal interest in environmental protection, which lies in preventing the wasting of scarce raw materials and pollution of the air and soil. A sustainable IP enforcement practice is very much dependent on the willingness of rights holders and their attorneys to consider more sustainable alternatives. Courts also have a part to play, by applying what is called a sustainability test when examining the proportionality of the remedies and measures claimed by rights holders.

Actual seizure of land for state and municipal needs: legal nature and methods of protection

This article considers the institution of the actual seizure of land plots for state and municipal needs, which is not provided for by legislation, but recognized by judicial practice: its legal nature and methods of protection that legal entities can use in the event of the actual seizure of land plots from them. The article contains an analysis of individual court decisions, which made it possible to identify existing gaps in the legal regulation of relations related to the actual seizure of land for state needs. In particular, the issues concerning the ways of protecting the owner of the actually seized land plot remain not fully settled. The current legislation has not developed effective legal mechanisms to protect the rights and legitimate interests of right holders, has not formulated a unified approach to determining the equivalence and fairness of compensation provided to the right holder when withdrawing land for state needs. The solution of these issues will ensure a balance of public and private interests.

Study on the Judicial Application of the Short Video Platform Safe Harbour Rule

The development of short videos has been overwhelming, bringing huge economic benefits to platforms. However, as the market sinks, the quality of short video content is more and more difficult to guarantee, and the phenomenon of copyright infringement such as video porting among users is becoming more and more serious. The safe harbour rule is the core system for determining online infringement, in addition to being a balance between the interests of right holders, platforms and users. However, in practice, right holders believe that the duty of care of platforms should be increased, so that they cannot enjoy the traffic dividend brought by short videos while using the "notice-and-takedown" procedure to easily enter the "safe harbour". On the other hand, short video platforms often refuse to assume the responsibility triggered by the uploading of infringing short videos by users on the grounds that they do not have the obligation to review the legality of the copyright. In view of the conflict of interests between the two parties, how to apply the principle of "safe harbour" to better reconcile the demands of the two parties has become a problem that needs to be solved urgently.

Cracking The Dilemma of Network Service Providers' Duty of Care: Based on The Perspective of Direct Benefit Acquisition

With the increasing scale of the domestic network economy, legal issues in this field continue to appear in our field of vision, such as the endless infringement of network users, which has become an important issue in the governance of the current network economy. Although China has introduced the "notice-delete" rule in the legislative field for the indirect infringement of network service providers, with the passage of time, the "notice-delete" rule has shown many shortcomings in terms of response speed and efficiency in protecting the rights and interests of right holders. Although some scholars have proposed the duty of care for network service providers in response to this phenomenon, there are many controversies in the field of domestic and foreign legal science and judicial circles on the duty of care. From the perspective of direct benefit acquisition, this paper takes how network service provider shall bear the responsibility the duty of care as the research object, analyzes the problem by case analysis and comparative research methods, and draws the conclusion that the conditions for obtaining direct benefits should be reasonably and appropriately used, so that network service providers can bear the corresponding duty of care for the direct benefits they have obtained, in order to promote the continuous improvement of the network service provider responsibility system, and make corresponding contributions to completely clearing up the chaos of network infringement and purifying the network environment.

Ceramics Copyright Protection: in China’s Perspective

Developed countries and regions are gradually shifting their labor-intensive industries to developing countries due to energy and raw material constraints and rising human resource costs. Companies keep their technological development and pattern design in their home countries and transfer their raw materials and product manufacturing processes to developing countries. As a result of these factors, the production of ceramic products in developing countries has increased significantly. From the Chinese side, in 2013, China proposed the "One Belt, One Road" foreign development strategy, which has brought more business opportunities for the ceramics industry and promoted the development of China's ceramics industry. However, behind the strengthening of competitiveness, the weakness of insufficient protection of intellectual property rights in ceramics has also been exposed. As of February 2022, a total of 3,029 court decisions. Therefore, the legislature needs to think about how to strengthen the protection of intellectual property rights in ceramics. This study analyzes the current state of the ceramics industry, and the protection of intellectual property rights in ceramics and incorporates a survey of data on Jingdezhen as a center for the protection of intellectual property rights in ceramics in China. It will provide a good external environment for ceramic enterprises to develop and innovate, achieve a benign mechanism for market competition, protect the legitimate interests of rights holders, stimulate enthusiasm for ceramic innovation and creation, and promote the development of the ceramic industry.

Мерч-продукция и мерчандайз-активность как объекты гражданских прав при экономике впечатлений

Today, such objects of civil legal relations, such as merch-products (stylized clothing, attributes) and merchandise-activity, are becoming increasingly important, that is, visiting thematic parks, quests and other activities, allowing you to plunge into the world of your favorite films and books. Consumers are not enough to receive standardized goods, they need impressions that meet their unique aesthetic and cultural preferences. The article discusses the legal aspects of the phenomenon of fan activity and related issues of protection of intellectual rights. According to the resuits of the article, the urgency of the doctrine of fair use is noted, according to which the free dissemination of the results of intellectual activity during merchandis activity is allowed, if it contributes to the development of arts and cultural progress. Currently, however, neither the Civil Code of the Russian Federation nor any other applicable regulation mentions concepts referring to merch or merchandise. Disputes relating to fan activity are governed by the general principles of civil law as well as by the provisions of Part 4 of the Russian Civil Code dealing with copyright or trademark protection. For example, according to Article 1482 of the Civil Code of the Russian Federation, verbal, pictorial, volumetric and other designations may be registered as trademarks. Accordingly, under Russian law, local producers of confectionery products may also be sued for selling cakes with an image of Cinderella or Bambi by representatives of the rights holder of the relevant trademark. However, the application of the general provisions of the Civil Code to obligations arising from such unique objects of civil legal relations as children's parties, quests, participation in theme camps, role-playing games or other merchandising activities has certain peculiarities. The protection of exclusive rights in these markets must take into account the goals of stimulating innovation and cultural and technological progress. In our country, the three-step test is partly enshrined in Part 5 of Article 1229 of the Civil Code of the Russian Federation, according to which the use of the results of intellectual activity is allowed without the consent of the right holders if it does not cause unjustified damage to the ordinary use of intellectual property or otherwise infringe upon the legitimate interests of the right holders. In addition, Article 1274 of the Civil Code permits free use of the work for informational, scientific, educational or cultural purposes. Consequently, merchandising activity cannot be recognised as infringing the interests of right holders because, based on the systematic interpretation of Articles 1229 and 1274 of the Civil Code of the Russian Federation, a fan reworking does not displace the original work from circulation. The author declares no conflicts of interests.

THE ROLE OF THE NOTARY IN PROTECTING INTELLECTUAL PROPERTY RIGHTS

The topic of the article is relevant in the light of the growing importance of innovation, technological development and the need to ensure justice and protection of the interests of rights holders. The interpretation of the concept of “intellectual property” is given in the article. The author of the article also provides an overview of the problems associated with the protection of intellectual property rights in modern Russia. It deals with such problems as copyright infringement, protection of patents and trademarks, court disputes and international protection. Particular attention is paid to the role of the notary in this process, his function and contribution to the legalization and certification of documents contributing to the recognition and protection of intellectual property rights.

End-user flexibilities in digital copyright law – an empirical analysis of end-user license agreements*

In the platform age, copyright protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analogue age. One of these challenges is related to the fair balance between the interests of rightholders and other members of the society. Copyright norms try to guarantee this balance by granting a high level of protection for rightholders and preserving some flexibility for end-users. The present article focuses on whether platforms' end-user license agreements contribute to the preservation of that balance, and how they allow for or diminish the exercise of user flexibilities. We collected, analysed and compared the private ordering practices of 17 service providers grouped in four main categories. Our empirical examination demonstrated that intermediaries offer substantive flexibilities for their consumers, on the one hand, and they meaningfully limit the possibilities and decrease the expectations of end-users by restricting certain uses and providing limited access to contents, on the other hand. We measured the flexibility of the selected platforms, and we provided for the state of the art of platform flexibilities in the period preceding the implementation deadline of the EU's CDSM Directive.

END-USER FLEXIBILITIES IN CONTEMPORARY DIGITAL COPYRIGHT LAW – AN EMPIRICAL ANALYSIS OF END-USER LICENSE AGREEMENTS

In the platform age, copyright protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analogue age. One of these challenges is related to the fair balance between the interests of rightholders and other members of the society. Copyright norms try to guarantee the high level of protection of rightholders and preserve some flexibility for the benefit of end-users. These flexibilities range from statutory limitations and exceptions (e.g., private use); resales (covered by the doctrine of exhaustion); or complaint-and-redress mechanisms. Platforms, with their private norms, especially end-user license agreements (EULAs), might effectively enforce that balance in their role as intermediaries in the chain of (e-)commerce. In our research, conducted within the frames of the „reCreating Europe” H2020 project, we focused on how these private norms allow for or diminish the exercise of user flexibilities. We collected, analysed and compared twenty private ordering practices. The analysed platforms include streaming sites with or without host function for end-users; online video game stores and other online marketplaces; and social media. Our empirical examination demonstrates that the intermediaries, in line with their technical nature and business model, offer substantive flexibilities for their consumers, on the one hand, and they meaningfully limit the possibilities and decrease the expectations of end-users by restricting certain uses and providing limited access to contents, on the other hand. Based on our findings, we measured the user-friendliness of the selected platforms.

Juridical Analysis of Regulation Controling of Import or Export of Goods That are Suspected or Originating of Intellectual Property Infringment, Particularly on Registered Trademark

Protection of intellectual property laws can be started from the action of preventing the entry or exit of goods from a country. The Directorate General of Customs and Excise, Ministry of Finance of the Republic of Indonesia, which is the implementing agency in the customs sector, can control the import or export of goods suspected of being or originating from the result of intellectual property infringement. It is a financial activity involving several institutions including the Directorate General of Customs and Excise, the Ministry of Finance of the Republic of Indonesia as executor, the Directorate of Trademarks, the Ministry of Law and Human Rights as the institution that issues trademark rights and the Commercial District Court to exercise judicial authority. Its implementation, regulations have been made regarding the processes and conditions for controlling the export and import of goods, which accommodate the interests of the state as a regulator with the aim of regulating and harmonizing customs regulations and trademark law and the interests of rights holders or mark owners as the injured party if there is an infringement. However, there are arrangements that are "considered" to be detrimental to the right holder or registered mark owner, that is in relation to the domicile of the party applying for trademark protection in the customs area. This research uses a normative research type and a statue approach as well as a conceptual approach. So that with this research the brand owners or rights holders can determine the right steps to protect the registered marks in accordance with applicable regulations.

Genealogies of online content identification - an introduction

In today’s digital landscape, cultural content such as texts, films, images, and recorded sounds are increasingly subjected to automatic (or semi-automatic) processes of identification and classification. On a daily basis, spam filters scan swaths of emails in order to separate legit and illegitimate textual messages (Brunton, 2013), algorithms analyze years of user-uploaded film on YouTube in search for copyright violations (Heuguet, 2019), and software systems are deployed to scrutinize millions of images on social media sites in order to detect sexually offensive content (Liao, 2018). These examples reveal how machines and algorithmic systems are increasingly utilized to make complex judgments regarding cultural content. Indeed, it could be argued that the wide-ranging adoption of content identification systems is constructing new ontologies of culture and regimes of truth in the online domain. When put to action, content identification systems are trusted with the ability to separate good/bad and legal/illegal forms of communication and used to secure the singularity, value, authenticity, origin, and ownership of content. Such efforts are deeply embedded in constructions of knowledge, new forms of political governance, and not least global market transactions. Content identification tools now make up an essential part of the online data economy by protecting the interests of rights holders and forwarding the mathematization, objectification, and commodification of cultural productions.

Methods of copyright protection

Currently, the traditional objects of civil law are used in many areas, not only in terms of tangible assets (property and property rights), but also in the form of intangible - the results of intellectual activity. The main income of the economies of the developed countries of the world is obtained as a result of the creation of new intellectual property, their use in business relations. This requires a solid legal framework and a legal mechanism that guarantees the legitimate interests of right holders.

Glosa do wyroku Wielkiej Izby Trybunału Sprawiedliwości Unii Europejskiej z dnia 19 grudnia 2019 r., C-263/18

Wyrok Trybunału Sprawiedliwości Unii Europejskiej z dnia 19 grudnia 2019 r. dotyczy problematyki cyfrowego rynku „używanych” książek elektronicznych, w szczególności kwestii dopuszczalności wyczerpania prawa do rozpowszechniania cyfrowych kopii książek chronionych prawem autorskim. Trybunał luksemburski w istotny sposób rozwinął swoją linię orzeczniczą w odniesieniu do wyczerpania prawa autorskiego w środowisku cyfrowym, w szczególności przez to, że dokonał jednoznacznej kwalifikacji prawnej czynności dostarczania użytkownikom chronionych utworów przez pobranie ich on-line . Stanowisko trybunału luksemburskiego zdaje się wykluczać możliwość przyjęcia dynamicznej wykładni obecnie obowiązujących rozwiązań normatywnych z zakresu wyczerpania prawa autorskiego i uwzględnienia rozwoju technologii, rynku i zachowań konsumenckich. Nie pozostanie to bez wpływu na rozwój jednolitego rynku cyfrowego i handel elektroniczny i wymusi poszukiwanie nowych rozwiązań w tym zakresie. Niedostrzeganie zasadności dostosowania autorskoprawnych rozwiązań normatywnych a przynajmniej ich wykładni do zmieniających się warunków technologicznych pogłębi jedynie istniejący już stan niepewności prawa i obrotu prawnego oraz będzie sprzyjało przyjmowaniu wewnętrznych rozwiązań przez dostawców dóbr cyfrowych i usługodawców.

Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).

THE IMPORTANCE OF INTELLECTUAL PROPERTY IN BUSINESS

The search for a balance of interests of right holders and users, legal means for the exclusive rights enforcement in the conditions of the development of new technologies, the problems of protection of intellectual property are considered in the paper. At the present time intellectual property is considered to be one of the most valuable assets of a business. Possessors of rights can secure their loans using their intellectual property as collateral. The authors claim that the Latvian legal and regulatory framework does not cover essential issues. The aim of the research is to explore and identify the importance of intellectual property rights in business. The following tasks were set to achieve the aim: to explore the theoretical aspects of intellectual property rights, to identify possibilities for intellectual property development in business. The following scientific research methods are used in the paper: the development of intellectual property rights in commercial law is investigated with the help of the descriptive method; the systemic method is used to analyse national legal norms in conjunction with international documents and recommendations; the comparative method has been used to study models of intellectual property rights.

Shielding internet intermediaries from copyright liability—A comparative discourse on safe harbours in Singapore and India

AbstractWithout intermediaries that provide access to, host and link content, the internet will not be the vibrant place it is today. Yet with the rising number of online copyright infringements, right holders have increasingly shifted their focus to intermediaries in their efforts to curb infringements. This has led to internet intermediaries being increasingly exposed to copyright liability. In light of this, safe harbours that provide certain classes of intermediaries with conditional immunity play an important role in maintaining a healthy balance between the interests of right holders and third parties. In the copyright context, the Digital Millennium Copyright Act 1998 (DMCA) enacted in the United States was the first instance where such a safe harbour was afforded to internet intermediaries. During the two decades of the DMCA's operation, it has been used as a blueprint to shape safe harbours in other jurisdictions. This article focusses on two such jurisdictions—namely, Singapore and India—and provides a comparative and in‐depth analysis of the safe harbour frameworks in the said jurisdictions, while mapping out how they compare with the DMCA. In the process, the article highlights a number of features in the DMCA that have been remodelled in Singapore and India.

The Copyright Law of Iran: An Overview of Recent Developments

This article evaluates recent developments in the copyright law of Iran. The focus of the article is the Copyright Bill drafted in 2010 and currently under consideration by the Iranian Parliament. The purpose of the Copyright Bill is mainly to reform the copyright law, provide better protection of the interests of rightholders, and enable Iran to join the Berne Convention and other international copyright agreements in the future. The article first provides a brief background to the existing laws and the history of the Copyright Bill. The text of the Copyright Bill is then analysed in relation to the current copyright law of Iran and the Bill’s compatibility with international copyright standards. This article argues that the Copyright Bill is overall a positive initiative that will bring the law in Iran up to date and more in line with the normative framework of the international copyright law. Therefore, if the Bill is enacted after further evaluation and optimisation, it will not only better safeguard the interests of rightholders and users in Iran but also facilitate cooperation, mutual protection, and provision of access between Iran and other countries.