Intellectual Property and Private International Law

By James J. Fawcett; Paul Torremans | Go to book overview

10
Creation, Scope and Termination of Intellectual Property Rights: the Applicable Law
I Introduction484
II How choice of law problems arise486
III Intellectual property as property487
1. The wrong title? 487
2. A property characterization 488
3. Property choice of law rules 489
(a) The situs of intellectual property rights 489
(b) The nature of intellectual property rights 496
(c) The assignment of rights 496
(d) Property rules are not sufficient 497
Copyright 498
IV1. The creation of the right499
(a) The types of works that will be protected500
(b) Fixation in a material form500
(c) The qualification requirement501
(d) Formalities501
2. The scope of the right501
(a) Moral rights502
(b) Broadcasting504
(c) Satellite broadcasting504
(d) Exceptions to the rights506
(e) Civil remedies506
3. Termination of the right507
4. Validity of the right508
5 Authorship, ownership of right and works created by employees509
(a) Authorship of copyright works509
(b) First ownership of copyright works511
(c) Article 14bis(2) in more detail503
(d) Ownership of copyright in works created by employees513
6. Transferability of the right515

-483-

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