"The important balance between access to copyrighted works and protection for authors is vital for developing countries and LDCs. Despite provisions for limitations and exceptions to the rights granted to authors/ owners of protected works, the WIPO treaties represent minimum standards from which co
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untries can deviate only by providing greater rights than required as the United States has done under the DMCA. The maximalist approach to interpreting the available scope of permissible limitations and exceptions is reinforced by the similarities between TRIPS Article 13, and Articles 10 and 16 of the WCT and WPPT. The similarities suggest that it is not improbable that interpretations of the Internet treaties can be influenced by the ideology of the TRIPS Agreement. Consequently, public welfare interests will require explicit limitations and exceptions that at a minimum facilitate access and use of digital works for study, research, and educational purposes." (Executive summary, page 2)
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"Selten hinterlässt ein Buch einen solch zwiespältigen Eindruck. Auf der einen Seite steht eine in der Art eines Lehrbuches konzipierte Monographie, die durch Detailkenntnis und informationswissenschaftliche Sachkompetenz ausgezeichnet ist, auf der anderen Seite ein Buch, das enorm an begriffliche
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n Schwächen leidet." (Klaus Wiegerling in: Publizistik, 50 (2005), 1, Seite 142-143)
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"This book takes the mystery out of ICT policy and makes it easier to understand. Key issues are presented and explained clearly and concisely, and a basis is provided for further investigation. Many concrete examples are given of recent events or debates, which the reader can explore further if so
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inclined. Having read it, you will be able to identify the main actors and issues in the field. If you wish to find out more about ICT policy, you will know where to look for the information, beginning with the extensive bibliography and list of organisations active in the field. In short, this book aims to build the capacity of interested persons to understand the issues around policy on ICT development and regulation, to grasp the policy process, and to become involved in it. It is a beginner’s handbook, which can help readers navigate their way through the varied terrain of ICT policy. It is not a map but a compass." (Introduction, page 5)
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"This book is designed to be a practical guide to the use of intellectual property as a "power tool" for economic growth and wealth creation. Its aim is to give the interested non-specialist an understanding of how intellectual property, such as patents, trademarks and copyright have become increasi
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ngly valuable assets that can be used in many creative ways to increase material, social and cultural well-being." (Back cover)
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"Too often the interests of the “producer” dominate in the evolution of IP policy, and that of the ultimate consumer is neither heard nor heeded. So policy tends to be determined more by the interests of the commercial users of the system, than by an impartial conception of the greater public go
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od. In IPR discussions between developed and developing countries, a similar imbalance exists. The trade ministries of developed nations are mainly influenced by producer interests who see the benefit to them of stronger IP protection in their export markets, while the consumer nations, mainly the developing countries, are less able to identify and represent their own interests against those of the developed nations. Thus we recognise that the rules and practices of intellectual property, and how they evolve, are the product of political economy. Developing countries - and in particular poor consumers of products which may be protected by IP rights - negotiate from a position of relative weakness. There is a fundamental asymmetry in relationships between developed and developing countries, based ultimately on their relative economic strength.
The negotiations on TRIPS in the Uruguay Round are but one example. Developing countries accepted TRIPS not because at the time the adoption of intellectual property protection was high on their list of priorities, but partly because they thought the overall package offered, including the reduction of trade protectionism in developed countries, would be beneficial. Now many of them feel that the commitments made by developed countries to liberalise agriculture and textiles and reduce tariffs, have not been honoured, while they have to live with the burdens of the TRIPS agreement. The agreement on a new “development” WTO Round at Doha last year recognises that this bargain, between developed and developing countries, needs to be made explicit and meaningful. The difficulty for developing countries in this context is that they are “second comers” in a world that has been shaped by the “first comers”. And because of that, it is a very different world from that in which the “first comers” developed. It is a cliché to say that we live in an age of globalisation, when the world economy is becoming more integrated. It is an article of faith in the international community that integration on appropriate terms into the world economy is a necessary condition for development. The question from our point of view is what are the appropriate terms for that integration in the field of IPRs. Just as the now-developed countries moulded their IP regimes to suit their particular economic, social and technological circumstances, so developing countries should in principle now be able to do the same." (Overview, page 7-8)
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"This book is a primer on media governance at a global level and the key influencing forces and organizations, such as ITU, WTO, UNESCO, WIPO, and ICANN. Anyone interested in the media and its progressively rising influence over so many dimensions of society can look here for an introduction to medi
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a regulation, governance structures, and trends. Published in cooperation with UNRISD." (Publisher description)
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"This work is not just another monograph on copyright and neighbouring rights. It represents a fundamental contribution to study of this discipline made, in response to UNESCO’s request, by the eminent specialist on the subject, Professor Delia Lipszyc [...] UNESCO’s programme for the promotion
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of teaching of copyright and neighbouring rights has sought to devise appropriate draft syllabuses, while encouraging the establishment of professorships for the study of this discipline in universities. In collaboration with eminent experts in each region, the proposed syllabuses have already been brought into line with the legal contexts of Latin America, French-speaking Africa, the Arab States, the Asian and Pacific region, English-speaking Africa and the Commonwealth of Independent States. The updated version of this work, the Spanish original of which was published in 1993, is an additional contribution to this endeavour. It responds to the deeply felt concern of universities to see the teaching programmes adopted by them supported by a work which covers the subject in its every aspect, its basis being statute law throughout the world and the experience of its application. Professor Lipszyc’s work represents a remarkable contribution in this respect. It gives the teaching of copyright and neighbouring rights a greater operational dimension in a universal context. Set out as a university manual, it presents, with its clear and searching approach, the many and varied aspects of this important legal discipline as reflected in the different laws throughout the world, the relevant international conventions and current international thinking on the subject, in the light of technological progress in the methods of creation, production and dissemination of works of the mind. It offers appropriate clarification of legal concepts hitherto the province of specialists, and makes them more readily understood. This work is, in short, a precious resource with which students and specialists in copyright and neighbouring rights can be provided, and an invaluable tool in aiding the various parties involved in cultural activity to organize their professional relationships on a sound and equitable basis." (Preface)
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"La version française de cet ouvrage publié en espagnol en 1993 entre dans le cadre de la promotion de cet enseignement at apporte une contribution fondamentale à l'étude de ce droit. L'auteur, éminente spécialiste, a su structurer la matière de cet ouvrage en un manuel d'enseignement. Elle a
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borde avec rigueur et clarté les multiples aspects de cette discipline, en constante évolution, en illustrant ses développements avec de nombreux exemples." (Dos de counverture)
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