In order to enforce copyrights efficiently in the international field, only a modest step is needed. There is a need for an international mechanism for the enforcement of existing rights. As it has become easier to infringe upon copyright, it has to become easier to enforce copyright as well This mechanism will include rules about its applicability, questions of jurisdiction, applicable law, problems with preliminary injunctions, and finally, grounds for non recognition The scope of the proposed mechanism covers all the questions arising from an infringement action, succession of rights, or ownership if it is necessary. There are two basis for jurisdiction: (1) Persons domiciled in a member state can be sued in that member state; (2) Non residents conducting actions with consequences in the forum can be sued in that forum, providing that U.S. principles of minimum contacts are applied. It is recommended to have those principles codified for the proposed mechanism For preliminary injunctions, it is recommended following the European Union approach, consisting of the application of the preliminary injunction in the court where the infringement is taking place The applicable law would be the law of the place where the infringement is taking place. However, it is going to be proposed that courts should have wide discretion to determine the place of infringement and consequently the applicable law The proposed mechanism also will contain grounds of non recognition I will propose another two alternative paths, in case that the main proposal fails in international negotiations. The paper includes philosophical justifications for copyrights around the globe, and it also includes an explanation of major international treaties regulating copyrights and neighboring rights / acase@tulane.edu
| Identifer | oai:union.ndltd.org:TULANE/oai:http://digitallibrary.tulane.edu/:tulane_24489 |
| Date | January 2006 |
| Contributors | Garza Barbosa, Roberto (Author), Lunney, Glynn S., Jr (Thesis advisor) |
| Publisher | Tulane University |
| Source Sets | Tulane University |
| Language | English |
| Detected Language | English |
| Rights | Access requires a license to the Dissertations and Theses (ProQuest) database., Copyright is in accordance with U.S. Copyright law |
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