Digital Rights Management systems (DRM) are frequently used by rightsholders in order to protect their works from the, very high indeed, possibility to be copied, altered or distributed without authorisation by users who take advantage of available state-of-the-art copying techniques. Because DRM are legally protected by anti-circumvention legislation both in the United States and in Europe, a debate goes on more than a decade now regarding their impact to the notion of “balance” among copyright stakeholders that traditionally underpinned copyright law. In this context, this study examines, in turn, the philosophical underpinnings of analogue and digital copyright law focusing of copyright exceptions, the development of a notion of a minimum of lawful personal use for the digital environment based on existing copyright exceptions and users’ expectations of personal use, and the impact of the use of DRM and of the introduction of anti-circumvention legislation to this notion. While the European Information Society Directive 2001/29/EC (EUCD) is the main legal instrument analysed and criticised, the role of other Directives is also examined to the extent they address the relationship between lawful personal use and anticircumvention legislation. Legal developments in the United States could not have been absent from this discussion since anti-circumvention legislation was introduced there much earlier than the EUCD and important case-law and legal commentaries have developed since. Following the identification of problems regarding the operation of a minimum of lawful personal use in digital settings, the proposal to introduce a right to engage in self-help circumvention afforded to users of DRM-protected works for Europe is put-forward. Such a right would not undermine rightsholders incentives to offer works online and develop new business models but would acknowledge the users’ interest to interact and tinker with digital works taking full advantage of the new possibilities offered by digitisation.

Intellectual Property (IP) is becoming an increasingly important source of collateral in debt-based financial transactions. This thesis will show that IP and financing are intrinsically linked. They both can be used to drive company growth. When the two interact a virtuous growth spiral can form. It will be shown that IP can be used to obtain financing which allows for company growth and the creation of more IP rights. The new IP rights then allow the IP owner to obtain more financing. The pattern of growth can continue in this pattern. However, due to the legal complications the formation of such a growth spiral is hindered. The thesis examines how security interests in intellectual property right are treated in secured finance law and IP law in the US and the UK. It will show that there is a conflict between laws particularly in the perfection and priority of such security interests. The conflict between the two sources of law makes it difficult to determine where a security interest must be registered in order to be perfected. The conflict also creates conflicting registers for such interests. Due to conflicting registration provisions it is also difficult to determine the priority of conflicting security interests in an IP right. Additionally, IP laws are often inadequate for determining issues on perfection and priority. The thesis will offer suggestion on legal reforms which will best alleviate the legal problems of taking security in an IP right.

Thesis (doctoral)--Albert-Ludwig-Universität zu Freiburg im Breisgau.

Thesis (doctoral)--Universität Marburg.

This study encompasses an examination of the awards of the Iran-U. S. Claims Tribunal in cases of expropriation and nationalization of Foreign Investment. The question of compensation for expropriation and nationalization of alien property has always been a controversial issue in the relationship between the foreign investors and investees particularly in the third world countries. This question has been a major point of discussion in international law as well. The Iran-U. S. Claims Tribunal is the most recent body to deal with the question of expropriation; nationalization and compensation. In this study I have attempted to see what the awards of the Tribunal have contributed to the resolution of the controversial question of compensation for expropriation and nationalization. In 1982 when the Tribunal began work, the International law standard to be applied in determining compensation in cases of expropriation and nationalization was a controversial issue. The period from 1982 onwards might be considered as a new era in international law. Thus to explore the present status of the international law of compensation the awards of the Tribunal have been examined. I have attempted to find out what standard of compensation has been applied in the awards of the Tribunal; what has been the governing law; what has been the context of that. law; and finally what have been the justifications' for the application of that law. These issues are discussed within eight chapters. The ninth chapter, however, reviews the findings of the study and contains some general conclusions. The final assessment of this study is that, the decisions of the Tribunal have been given against a background of the increasing recognition of the need for foreign investment in the developing countries and have made an important contribution to the law in this field.

Thesis (doctoral)--Universität Zürich.

Thesis (doctoral)--Universität Erlangen.

Thesis (LL. M.)--McGill University, 2001. / Includes bibliographical references (leaves 1-11 (2nd set)).

Thesis (M.A.)--City University of Hong Kong, 2005. / Title from title screen (viewed on 27 Mar. 2006) Includes bibliographical references.

After briefly examining the history of trade marks and establishing the theoretical framework of trade mark functions, an analysis from the perspective of semiotics is conducted, viewing the trade mark as a sign. This analysis serves as a tool for the suggestions and conclusions drawn in relation to the role of trade mark law today. The issues of trade mark registration, use and protection are examined, as main facets of the trade mark functions. An analysis of the legal provisions, legal doctrine and case law on trade mark registration and use in Greece, before and after the entry into force of the First Council Directive on the Harmonisation of trade mark laws in Europe 89/104/EEC is undertaken, so as to denote the effect of the European harmonisation on these issues. The Court of Justice case law is examined, in juxtaposition to the Greek case law on the respective implementing provisions. The similarities and differences are noted and analysed. Throughout, examples from a common law jurisdiction, namely the UK, are taken into account. The issues of risk of confusion and dilution are analytically examined at a national (Greek) and European level. In comparison to the Court of Justice jurisprudence, the national legal framework and case law of Greece on these issues is analysed. Examples from other European jurisdictions are taken into account. The theory of dilution in the context of the European trade mark framework is further analysed against developments in the USA. The controversial doctrine of trade mark dilution, introduced by Fr. I. Schechter, is of primary interest in the course of the thesis and suggestions are made for a new perspective of the theory. The controversial doctrine of Schechter is seen, in view of the above, under a new light.