How does UAE Civil code relates to your Construction Industry? Is it based on Sharia? How does it compare with Common law principles? Find out answers here. A lucid presentation for quantity surveyors and construction engineers
How does UAE Civil code relates to your Construction Industry? Is it based on Sharia? How does it compare with Common law principles? Find out answers here. A lucid presentation for quantity surveyors and construction engineers
Detailed Presentation on Essentials of Contract under the Indian Contract Act, 1872
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
A Criitical Analysis of Fugitive Economic Offenders Act, 2018manasareddyparapathi
The aim of the Fugitive Economic Offenders Act, 2018 is to deter the fugitive economic offenders to submit to the Indian jurisdiction by confiscating their properties and disposing them off to get back the amount of economic loss suffered by the banks, financial institutions and creditors.
International threaties/ convention - Introduction, Definition, Codification law of treaties,Types of treaties, Reservation, Registration and publication, Observation , application and Interpretation of treaties,Treaties and third states , Invalidity of treaties, Termination of treaties, Conclusion
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Europeana Licensing Framework - Current status & future developmentsEuropeana Licensing
summary presentation on the current state of the the Europeana Licensing Framework given at the 2nd europeana licensing workshop on 13 june 2013 in Luxembourg
Detailed Presentation on Essentials of Contract under the Indian Contract Act, 1872
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
A Criitical Analysis of Fugitive Economic Offenders Act, 2018manasareddyparapathi
The aim of the Fugitive Economic Offenders Act, 2018 is to deter the fugitive economic offenders to submit to the Indian jurisdiction by confiscating their properties and disposing them off to get back the amount of economic loss suffered by the banks, financial institutions and creditors.
International threaties/ convention - Introduction, Definition, Codification law of treaties,Types of treaties, Reservation, Registration and publication, Observation , application and Interpretation of treaties,Treaties and third states , Invalidity of treaties, Termination of treaties, Conclusion
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Europeana Licensing Framework - Current status & future developmentsEuropeana Licensing
summary presentation on the current state of the the Europeana Licensing Framework given at the 2nd europeana licensing workshop on 13 june 2013 in Luxembourg
Presentation by Reka Somssich, Hungary, on Methods of legal transposition, given at the workshop organised by SIGMA with the Turkish Ministry for EU Affairs on the Transposition of EU legislation into the legal system of Turkey, Ankara 25 May 2016.
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
Yes, Treaties can be rescinded. In the building of NEW Governments within the Lands/Territories NOW known as the United States of America, we look forward to RESCINDING Treaty(s) that the United States’ DESPOTISM Government Regime and its NAZI and/or WHITE Jews/Zionists/Supremacists that CONTROL and RUN the Despot may assert is BINDING! Applying “INTERNATIONAL Laws” for LONG OVERDUE Freedom, Independence and Separation for Natives!
“HOW MANY” Foreign Nations “KNOW” of the Criminal Acts of the United States of America/United States’ DESPOTISM Government Regime and the NAZI and/or WHITE Jews/Zionists/Supremacists PREYING on the Natives IGNORANCE of the Laws governing Treaties?
The Utica International Embassy will serve as the HUB for such a MAJOR Historical Undertaking!
Utica International Embassy
c/o Interim Prime Minister Vogel Denise Newsome
Post Office Box 31265
Jackson, Mississippi 39286
Toll Free: (888) 700-5056
Embassy Local: (601) 885-3358
Other: (513) 680-2922
Website: www.uticainternationalembassy.website
SlideShare: www.Slideshare.net/VogelDenise
Presentation by Reka Somssich, Hungary, on the Methods of legal transposition, given at the workshop organised by SIGMA with the Turkish Ministry for EU Affairs on the Transposition of EU legislation into the legal system of Turkey, Ankara 24-25 May 2016.
3. International Conventions
¢ Berne Convention for the Protection of Literary and
Artistic Works
¢ WIPO Copyright Treaty
¢ Rome Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting
Organisations
¢ WIPO Performances and Phonograms Treaty
(WPPT)
¢ Agreement on Trade-Related Aspects of Intellectual
Property Rights
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4. National treatment/ Minimum protection
¢ Art 5(1) BC: Authors shall enjoy, (…) in countries of
the Union other than the country of origin, the rights
which their respective laws do now or may hereafter
grant to their nationals, as well as the rights specially
granted by this Convention.
£ No contradiction with ECL provisions which all
include the principle of equal treatment
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5. Prohibition on formalities
¢ Art 5(2) BC: The enjoyment and the exercise of
these rights shall not be subject to any formality.
£ The possibility to “opt out” from the ECL scheme
does not affect the “enjoyment” or the “exercise”.
£ The right is exercised in any event, either collectively
as statutory default rule or individually if the right
holder “opts out”.
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6. Possibility to introduce limitations and
exceptions to the exclusive rights
¢ The three-step test
£ BC art. 9(2), WCT art. 10(1) and 10(2), WPPT art. 16(2), and TRIPS
art 13
1. An exception or limitation may be imposed in national legislation
in certain special cases,
2. that do not conflict with a normal exploitation of the work (or
other subject matter), and
3. do not unreasonably prejudice the legitimate interests of the
author/rightsholder.
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7. ECLs and the three step test
¢ Are ECL provisions and the related extended effect of
collective agreements on outsiders’ rights limitations on the
exclusive rights?
¢ Members are exercising their rights; any effect of limitation
only applies to outsiders
¢ The ECL provisions and related agreements are
heterogeneous.
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8. “An exception or limitation may be
imposed in national legislation in certain
special cases,”
¢ The first step demands that limitations are narrow and
clearly defined
£ Emphasis should be put on the scope and contents of
the ECL agreement
˜ which have been negotiated by a representative CMO
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9. ” that do not conflict with a normal exploitation of
the work (or other subject matter)”
¢ The second step aims at prohibiting limitations which come
into economic competition with the authors/right holders
exploitation of their rights
£ ECLs aims to solve the problem of market failure with non members:
such areas cannot reasonably constitute areas of normal exploitation
£ Emphasis should be put on the scope and contents of the ECL
agreement
˜ which have been negotiated by a representative CMO
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10. ” do not unreasonably prejudice the legitimate
interests of the author/rightsholder”
¢ The third step aims at mitigating the impact of
limitations on the interests of rightsholders
£ Payment of remuneration is accepted form of mitigation
£ ECL includes safeguards for outsiders
˜ Opt-out (?)
˜ Equal treatment
˜ Right to individual remuneration
£ ECLs are based on free negotiations (?)
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12. Limitations and exceptions at EU level
¢ Article 5 of Directive 2001/29/EC (Infosoc) includes a
closed list of permissable limitations and exceptions
to the exclusive rights
¢ Article 5.5 lays down the three-step test
¢ Preamble 18 of Directive 2001/29/EC: “This Directive
is without prejudice to the arrangements in the
Member States concerning the management of
rights such as extended collective licences.”
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13. Article 3.2 of Directive 93/83/EEC (Sat/Cab)
¢ Article 3.2 of the Sat/Cab directive: “A member state may
provide that collective agreements between a collecting
society and a broadcasting organization concerning a given
category of works may be extended to right holders of the
same category who are not represented by the collecting
society, provided that: the communication to the public by
satellite simulcasts a territorial broadcast by the same broadcaster,
and the unrepresented right holder shall, at any time, have the
possibility of excluding the extension of the collective
agreement to his works and of exercising his rights either
individually or collectively.”
£ Extension effect of a collective agreement within a given field
£ Possibility to opt out
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14. Coherence of the ECL model with EU law
¢ Reasonably ECLs are outside the scope of the
“closed list” of exceptions and limitations in
article 5 of the Infosoc directive as long as they
fulfill the general criteria for ECLs as provided
in article 3.2 of the Sat/Cab directive
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15. Non-discrimination
¢ Article 18 TFEU: “Within the scope of application of the
Treaties, and without prejudice to any special provisions
contained therein, any discrimination on grounds of
nationality shall be prohibited.”
£ Principle of equal treatment in the ECL provisions
£ The CMO shall represent “a substantial part of
authors of works used in the relevant territory”
˜ Prior wording: “a substantial number of national authors..”
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16. Conclusion
¢ ECL agreements must comply with the three
step test
£ More leeway than compulsory licenses
¢ ECLs must, to be regarded as ECLs, fulfill the
general criteria in article 3.2 of the Sat/Cab
directive
¢ ECLs are not in contradiction with the
prohibition on formalities and the principles of
national treatment and anti-discrimination
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