Review of Renegotiating Westphalia: Essays and Commentary on by Christopher Harding, Matthew Happold, C. L. Lim

By Christopher Harding, Matthew Happold, C. L. Lim

Source The British yr publication of overseas legislation 72.1 (2002): 395 - 397.
Original Authors Edited by means of Christopher Harding and C.L. Lim. The Hague: Kluwer legislation overseas, 1999. xi + 389 pp
Publisher The Hague: Kluwer legislation International
ISSN 00682691
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Abstract
Renegotiating Westphalia: Essays and statement at the ecu and Conceptual Foundations of contemporary overseas legislation, edited by means of Christopher Harding and C .L. Lim, is reviewed.

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If one takes into account the context of the legal protection of investments described above, one will, in fact, be able to detect quite some fragments already in current legislation, alongside certain rudimentary attempts in the case law of the ECJ at developing the field. The significance of these fragments will briefly be dealt with below. 3 Current Basis of the Protection of Investments in Existing Law If one takes Art. 3 Para. e. more concrete. Admittedly, at a certain density, one looses sight of the fact that one actually still deals with the legal protection of the competitor, thus forming a component of the law of market behaviour, especially where a body of norms formally appears perhaps not to stand in a competition law context anymore.

UNGERN-STERNBERG, ibidem, Copyright Law 87 N 3 (broadcasting organisations); KATZENBERGER, ibidem, Copyright Law 94 N 4 (film producers). ), supra note 1, at Intro. F, note 225. In more depth HILTY, “Gedanken zum Schutze der nachbarrechtlichen Leistung – einst, heute und morgen,” 116 UFITA 35 et seq. (1991); by the same author, “Zum urheberrechtlichen Leistungsschutz im schweizerischen Recht am Beispiel des Tonträgerproduzenten,” 1993 GRUR Int. ; SAMBUC, in: HARTE & HENNING (eds), supra note 1, at Intro.

38 Reto M. Hilty law and that of the investor within the framework of the exploitation of copyright works by means of these related rights cannot be drawn anyhow. 94 It is rather ironic in this context that of all countries hence that decided in favour of the extension in question, which has accorded constitutional law status to the incentive function of copyright protection in the form of the so-called “copyright and patent clause”; ultimately, an extension of copyright protection clearly does not provide any further incentives to the author himself with regard to a work already in existence – but it does, of course, to the party exploiting the copyright.

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