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页数:304
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上传日期:2014-8-27 0:00:00

ORIGINALITY IN EU COPYRIGHT: FULL HARMONISATION THROUGH CASE LAW

Book ID/图书代码: 04289514B72800

English Summary/英文概要: Full harmonisation of the copyright laws of EU member states has long been a holy grail for copyright lawyers, but with the reality thus far being only limited harmonisation resulting from ad-hoc legislative interventions, there are serious questions over the feasibility and indeed desirability of this goal. Notwithstanding, as this book makes eloquently clear, whilst legislative initiatives have been limited, the CJEU has been acting proactively, establishing through its decisional practice the de facto harmonization of an important principle of copyright: the originality requirement. Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book’s holistic approach and methodology takes in analysis of; recent decisions of the CJEU in light of broader EU copyright reform debate; the implications of CJEU case law in Member States which have traditionally adopted different approaches to copyright (eg the UK); the originality requirement in EU, UK and continental Member States; recent UK decisions from an EU perspective; and academic copyright reform projects, both in Europe and the US. Originality in EU Copyright will appeal to academics, policy-makers and EU officers, students, practitioners and in-house counsels.

Chinese Summary/中文概要: 自从加入WTO以来,中国对外贸易以每年30%的速度增长,贸易总额已经占到整个GDP比重的74.2%,如今,欧洲已是中国的第一大贸易伙伴,随着中国与欧洲的交往日益频繁,欧盟法律体系的日益完善,学习一些针对性强的欧洲法律知识就显得颇为重要了。

下面,我就来简单地介绍一下欧洲法律:欧洲法以其强大的生命力改变了欧洲各国并把世界各国更加紧密地联系在一起。在欧洲联盟这一穹顶之下,统一的内部大市场的步伐在一直向前迈进。自然与法人的自由流动、商品的自由贸易、服务的自由贸易与资本的自由流动继续得到法律上的保障。现在,为了帮助更多读者了解欧洲法,由英国鼎鼎大名的学术出版社EDWARD ELGAR PUBLISHING LIMITED倾力打造,众多世界顶级法学教授精心编写,这套欧洲法系列精品书籍一定会带读者们走进法律的殿堂,让大家更好地认识欧洲法这个庞大的体系。(Susie)

Awards/获奖情况:This book guides us expertly through the controversial area of originality, a concept which lies at the very foundation of copyright law, but which has never before been analysed in any depth as a topic in its own right. Originality has however now become a hot topic, given the controversial recent case law of the EU Court of Justice on it, and the manner in which some national courts in the EU are seeking to apply it, which makes this book especially timely. --Trevor Cook, Bird & Bird LLP, UK

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Format:HARDCOVER

Rights Status/版权销售情况:Simplified Chinese/简体中文:AVAILABLE

Complex/Traditional Chinese/繁体中文:AVAILABLE

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