info:eu-repo/semantics/nonPublished

Diploma Thesis Abstract The aim of this thesis is to summarize the relevant means of protection of a computer program. My intention was to think and consequently write about the past and present of legal protection of computer programs of all sorts, aiming especially on czech status quo of this protection. The main source of rules was and still is the czech Author Act, but I've also tried to analyze other, mainly european, laws. Together with history of a computer program my goal was to put before-mentioned into a broader context. At the beginning of the thesis, after the explanatory and historical part, in the chapter about the subject matter of author law, the computer program, I'm trying to delimitate the differences between source and object code. In the process of writing this thesis, I've tried to summarize the relevant means of use, especially the action of installing a program, legal means and connotations of this process. Also I wrote about distribution of a computer program regarding author rights. Consequently I'm briefly analyzing the relatively fresh decision of Court of Justice of the European Union, which is about protection of a graphical user interface of a computer program. In the two final chapters I'm describing the issues in licensing of software and various available legal actions to...

Based on the premise that only in being accessible can the film reach its potential for history making, the contribution of the film archive to a particular film historical narrative is fragmented: the films that are extant are not necessarily available and the ones that are available are not necessarily publicly accessible. The contention of the thesis is that ‘doing’ film history in the context of the film archive should always be seen in light of an ever increasingly narrowing fragmentation of accessible material that takes place in the film archive. What is new about the contribution of this thesis is not that the film archive can be seen simultaneously as a result of a particular historical narrative as well as contributing to one, but that this debate is put in the context of copyright as a determining factor of why the accessible part of the film archive is only a partial picture. To this end, the thesis proposes a reorganisation of existing categories of analysis in the form of a cross-section of the film archive based on copyright ownership plotted against the material’s ‘availability’. By such practices as using a risk-managed approach to copyright clearance for archival digitisation projects, the film archive can be seen to act as a mediator between copyright and film historiography. On the one hand, the film archive is subjected to copyright law, against the constraints of which it can be seen to resist. On the other hand, the archive makes productive use of copyright in its involvement in the interplay between the ownership of the physical objects and the ability to control the subsequent use and dissemination of those objects. Some of these resistant and productive practices, such as found footage filmmaking as a historiographic intervention and providing access to public domain material, are analysed in the context of some of the digital access practices of EYE Film Institute Netherlands between 2002-2005, in which the film archive can be seen to actively shape access to its film archival holdings as well as a particular potential for film history writing.

Magister Legum - LLM / This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and non-commercialization. It was thus centered on the emphasis that, while the African countries are still insisting on the need to have amendments done to the TRIPS Agreement, they should also establish regulations in their domestic laws to protect traditional knowledge from being pirated. This emphasis was mainly raised at this time due to the wide spread of bio-piracy in African local societies by the Western Multinational Pharmaceutical Corporations. / South Africa

Magister Bibliothecologiae - MBibl / In the academic world, open access institutional repositories (IRs) are beginning to play a vital role in storing and disseminating scholarly communication. Through this method, higher education institutions are able to showcase their intellectual outputs and to contribute to sharing and building knowledge. This evolutionary process of scholarly communication is an important feature of knowledge societies.Furthermore, IRs allow scholars to make known the research they are involved in,which can result in their academic reputation improving, as well as the reputations of the institutions they represent.The purpose of this study is to examine the processes of establishing IRs in the four tertiary education institutions in the Western Cape, which form part of the Cape Higher Education Consortium (CHEC). Within this consortium is the collaborative library project, the Cape Library Consortium (CALICO), which represents the four academic library services. The researcher investigated whether the four Western Cape Higher Education Institutions have established IRs and their experiences in doing so. They are examined in the light of the guidelines for successful IRs already established in the international professional literature on IRs. Throughout the study,the partnerships that are needed for the success of IRs, with a specific emphasis on the crucial role that the librarian might play in this regard, are a central focus.The study is a qualitative case study, relying on interviews with key informants from the four HEIs and analysing policy and other supporting documents. The study confirms comment in the literature that IRs evolve in “messy” and “spotty” ways. The key findings might be summarised in the form of four assertions:• “It is all about people”• Philosophical differences are significant • Context and history cannot be ignored • The role of the university library is ambiguous.It is hoped that the study of fledgling IR projects might provide insights useful to the broader IR research and professional literature.

This thesis deals with the way in which copyright law is changing in the digital environment and the mechanisms which are facilitating this change. It deals with these issues by analysing the mechanisms of this change, specifically Digital Rights Management (DRM)Systems and anti-circumvention legislation, and the impact which this change is having on the rights of copyright users. The purpose of copyright is to provide an incentive to authors to continue creating while simultaneously providing a public good in allowing the public to use those creations in certain ways. Copyright achieves this purpose by granting both the author and user certain rights. The author is given a limited monopoly over their work in exchange for allowing this work to enter the public sphere and ensuring that users of that work can utilise that work in certain limited ways. The success of copyright thus rests on maintaining the balance between the rights of these parties. The rise of digital technology has created a situation in which copyright content can be easily copied by any party with a Personal Computer and disseminated around the globe instantly via the Internet. In response to these dangers, copyright owners are making use of DRM systems to protect content. DRM systems include various measures of control within its scope. Theses systems allow for copyright owners to control both access and use of content by copyright users. DRM Systems are not foolproof measures of protection however. Technologically sophisticated users are able to circumvent these protection measures. Thus, in order to protect DRM Systems from circumvention, anti-circumvention legislation has been proposed through international treaties and adopted in many countries. The combined effect of these protection measures are open to abuse by copyright owners and serve to curtail the limited rights of copyright users. The end result of this is that the balance which copyright law was created to maintain is disrupted and copyright law no longer fulfils its purpose. This thesis undertakes an analysis of these issues with reference to how these issues affect copyright users in developing countries. This is done with particular reference to possible approaches to this issue in South Africa as South Africa is a signatory to these anti-circumvention treaties.

Higher education has experienced challenges defining and implementing copyright compliance. Confusion among faculty and staff appears to be common regarding copyright and fair use. The original copyright doctrine was drafted over 200 years ago, which predates practically all technological advances that have and will continue to occur. Change is slow and onerous with most legislation; there is not much possibility the small amendments made to the law will be able to keep pace with the continual technological evolution. Further, judges are citing precedents in court rulings of copyright disputes that were made using the best interpretation of the law, even though those earlier adjudicators had nothing concrete upon which to base decisions. The cycle of loose interpretations further exacerbates the copyright and fair use problem involving technology. Moreover, this concern has been magnified due to the digital nature of lesson delivery most learning institutions are adopting today. The rapid, widespread move toward online learning methods creates an entire set of copyright and fair use circumstances that extend beyond the traditional, face-to-face pedagogical issues. Invariably, schools will be left to attempt to decide what will be considered legal and safe, often by trial and error, until clearer, universally accepted guidelines can be created. A group consensus for best practice was achieved over three rounds of surveying with the help of a Delphi panel highly experienced in copyright laws. Opinions converged early during the process, where proper fair use assessment was one of the major themes appearing during the first round. Respondents also agreed future educators will undoubtedly continue to struggle with fully understanding the intricacies of fair use. An overall consensus reached for many questions was sufficient for answering the proposed research questions and drafting a list of recommendations for technological fair use. The outcome should add to the existing knowledge base, given the limited number of studies that have been conducted regarding the complexities of copyright topics in distance and online education. Recommendations for further investigations encourages researchers to continue where this effort ends to remain current and compliant with the ubiquitous changes in technologies.

La propriété intellectuelle est un des droits fondamentaux. Conformément à l’esprit résultant de la théorie de l’ordre de valeur objectif, les intermédiaires de l’Internet doivent assumer une obligation de protection active en matière de propriété intellectuelle. Cependant, en raison d’une relation de répartition des obligations entre les titulaires de droits de propriété intellectuelle, les usagers, l’État et les intermédiaires de l’Internet, l’obligation de protection qui incombe à ces derniers doit être limitée. Afin d’éviter que les obligations des intermédiaires de l’Internet ne soient ni excessives ou ni insuffisantes, un certain nombre de principes juridique et économique et de critères permettant d’adapter l’obligation aux objets de diffusion, aux modes d’exploitation ainsi qu’au caractère lucratif doit être prise en compte lors de la mise en place de ces obligations. Plus précisément, les intermédiaires de l’Internet ne doivent pas prendre en charge une seule et unique obligation mais de multiples obligations, y compris l’obligation de filtrage. Ces obligations forment un système complet leur permettant d’assurer de manière active la protection des droits de propriété intellectuelle / Intellectual property is one of fundamental rights. By developing and applying the objective value order theory, the internet intermediaries should assume the obligation to actively protect the intellectual property. Meanwhile, as shared obligations distributed among the government, the right holder, the internet intermediaries, and the user, the active obligation of IP protection that the internet intermediaries can carry out is limited. In order to insure the moderation of obligation, it would be preferable to respect the pertinent legal and economic principles, and distinguish the target of dissemination, the business model, and the profit factor in choosing the type of obligations. It should be noted that this active protection would not be accomplished only through a unique obligation. It should articulate several types of obligation, including but not limited to filtering obligation. These obligations, all together, form an obligation system which enables internet intermediaries to actively protect intellectual property

L’objet de cette thèse est d’expliquer le lien entre utilisation de marques et activités innovantes. Le premier chapitre décrit les principaux aspects juridiques des marques et passe en revue la littérature en économie et gestion s’y rapportant. Le second chapitre analyse comment et pourquoi les firmes utilisent les marques et comment celles-ci s’intègrent dans leurs activités innovantes. À travers une approche théorique et empirique, nous montrons que les marques sont utilisées en lien avec les innovations prenant place à l’interface du marché, principalement les innovations de produit et de marketing. Le troisième chapitre étudie les interactions entre marques et brevets dans la protection de l’innovation. Nous montrons que selon les caractéristiques du marché ils peuvent se complémenter ou se substituer l’un à l’autre. Dans le dernier chapitre, nous explorons les schémas d’utilisation de marques par les universités et leur lien avec les activités de recherche de ces institutions. / This thesis aims at explaining the link between trade mark use and innovative activities. The first chapter describes the main legal aspects of trade marks and reviews existing literature in economics and management relating to them. The second chapter analyses how and why firms use trade marks and how they integrate them in their innovative activities. Through a theoretical and empirical approach, we show that trade marks are used in relation to innovations which are at the interface of the market, mainly product and marketing innovations. The third chapter then studies the interrelated effect of trade marks and patents in the protection of innovation. We show that depending on market characteristics, they may complement or substitute each other. In the fourth and final chapter, we explore the patterns of trade mark use by academic institutions, and investigate how these relate to their research activities.

The goal of this project is to compare and contrast four different techniques used to valuate a company's Intellectual Property (IP); specifically a patent portfolio.