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While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.
Malaysia and Singapore are alike in many respects. Both are melting pots of cultures of three main ethnic groups, namely the Chinese, the Indians, and the Malays. Singapore was even once part of Malaysia, and quite a few living on either side of the Causeway are related by blood and family ties. Both countries also inherited the common law system, a legacy from the days when they were under British protection and rule. More specifically in the realm of copyright law, Singapore and some states in Malaysia had once applied the UK Imperial Copyright Act 1911. In fact, this imperial legislation remained in force in Singapore and those states in Malaysia for many years after these two countries became sovereign states. On the international front, both countries are World Trade Organization (WTO) members as well as contracting parties to the Berne Convention for the Protection of Literary and Artistic Works (“the Berne Convention”), the World International Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty.
The overlap between trademark law and copyright or design law has grown with the extension of trademark protection for subject matter that was traditionally protected only by copyright and/or design law. This extension has been triggered not only by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement (Article 15(1)) but also by prior national and regional initiatives (e.g., Article 2 of the 1988 EU Trademark Directive). The overlap thus covers slogans and titles; two-dimensional artistic works (figurative marks such as color combinations, logos, graphical user interfaces, or computer visual displays); musical works (sound marks); and three-dimensional artistic works (shape marks).
In the realm of copyright law, Singapore has chosen to look to Australia as its model: anyone familiar with the Australian copyright. This chapter explains the background to this choice, and elaborates on how Australian scholarship has influenced the development of Singaporean copyright law in one particular aspect – namely, the concept of authorship.
Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.