60 research outputs found

    The Estonian Perspective on the Transposition of the Directive on Collective Management of Copyright and Related Rights

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    The article considers some key aspects of transposition of the Directive on Collective Management of Copyright and Related Rights into Estonian legislation. Estonia’s collective management system has been in place for more than 20 years without any substantial need for review. It is therefore disputable whether the requirements created by the directive improve the Estonian copyright system or not, but the complicated task of transposition is underway nonetheless. Some fundamental amendments are to be made, the most important one being the introduction of state supervision exercised over collective management organisations. In addition, the article addresses further challenging practical and theoretical issues such as cross-border rights management, the compatibility of activities of collective management organisations with competition regulations (with respect to abuse of dominant position), and matters of cultural diversity that are important to Estonia as a small country

    The conceptual bases for codifying Estonia's IP law and the main legislative changes: from the comparative approach to embedding drafted law into the socio-economic context

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    The aim of this article is to explore the conceptual bases and methodological issues involved in the codification process of Estonia׳s intellectual property law and outline the main results. The conceptual bases of this codification consist of evolutionary development, a comparative-law approach, stakeholder involvement and regulatory impact assessment. The reform draws on the existing regulatory framework (existing IP law), developed further by the identification and use of the best regulatory practices of other countries and model laws. Stakeholder involvement and regulatory impact assessment are used to improve the draft law and make it compatible with Estonian socio-economic conditions. This article summarises the results of the extensive work from 2012 to 2014 that resulted in the draft Copyright and Related Rights Act, the draft Industrial Property Code and the draft Act Implementing the Copyright and Related Rights Act and the Industrial Property Code with the relevant annexes. The analysis focuses on the Estonian codification project as a case study. The author relies on traditional research methods from social science and draws on comparative and dogmatic analysis conducted during the codification, using empirical socio-economic data acquired through stakeholder involvement and impact assessment. The article also reflects the author׳s personal experience, insights and intimate knowledge of the codification process gained through management and coordination of the project and in acting as a head of the expert group on the codification of IP law under the auspices of the Ministry of Justice of Estonia. The Estonian example could serve as a comparative model for countries aiming to modernise their IP laws within the EU acquis and international legal framework

    The conceptual bases for codifying Estonia's IP law and the main legislative changes: from the comparative approach to embedding drafted law into the socio-economic context

    Get PDF
    The aim of this article is to explore the conceptual bases and methodological issues involved in the codification process of Estonia׳s intellectual property law and outline the main results. The conceptual bases of this codification consist of evolutionary development, a comparative-law approach, stakeholder involvement and regulatory impact assessment. The reform draws on the existing regulatory framework (existing IP law), developed further by the identification and use of the best regulatory practices of other countries and model laws. Stakeholder involvement and regulatory impact assessment are used to improve the draft law and make it compatible with Estonian socio-economic conditions. This article summarises the results of the extensive work from 2012 to 2014 that resulted in the draft Copyright and Related Rights Act, the draft Industrial Property Code and the draft Act Implementing the Copyright and Related Rights Act and the Industrial Property Code with the relevant annexes. The analysis focuses on the Estonian codification project as a case study. The author relies on traditional research methods from social science and draws on comparative and dogmatic analysis conducted during the codification, using empirical socio-economic data acquired through stakeholder involvement and impact assessment. The article also reflects the author׳s personal experience, insights and intimate knowledge of the codification process gained through management and coordination of the project and in acting as a head of the expert group on the codification of IP law under the auspices of the Ministry of Justice of Estonia. The Estonian example could serve as a comparative model for countries aiming to modernise their IP laws within the EU acquis and international legal framework

    The CLARIN Committee for Legal and Ethical Issues and the Normative Layer of the CLARIN Infrastructure : Ville Oksanen, in memoriam (26 december 1976-23 november 2014)

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    Publisher Copyright: © 2022 Darja Fišer and Andreas Witt, published by Walter deGruyter GmbH, Berlin/Boston. All rights reserved.Peer reviewe

    Regulatory and Contractual Framework as an Integral Part of CLARIN Infrastructure : the Estonian and Finnish Perspectives

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    The article focuses on the regulatory and contractual framework in CLARIN. The discussion is based on the process analysis approach, which allows an evaluation of the functionality and shortcomings of the entire legal framework concerning language resources and technologies. The article reflects the personal knowledge and insights of the authors gained through their work with legal aspects of language resources and technologies in Estonia and Finland. The analysis may be helpful to CLARIN partners facing similar problems
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