Journal Article

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Giovanna Occhipinti Trigona

in Journal of Intellectual Property Law & Practice

Volume 6, issue 4, pages 262-273
Published in print April 2011 | ISSN: 1747-1532
Published online April 2011 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpr002
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Legal context

On 28 October 2008 Google proposed a worldwide settlement agreement to definitely resolve the lawsuit brought before the District Court of New York with a class action by publishers and authors (the “plaintiffs”). The plaintiffs alleged a massive infringement of copyrights as Google scanned literary works protected by IP rights without collecting consent.

Key points

In this article, the author critically analyzes Google's proposal in the context of the Bern Convention, discussing the impact on IP rights and assessing the effect upon the position of rights-holders upon acceptance.

Practical significance

In conclusion the author suggests certain changes necessary to make the agreement compliant with the IP legal regime in force.

Journal Article.  10628 words. 

Subjects: Arbitration ; Intellectual Property Law

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