Ulrika Wennersten
Vice Dean Education, Associate Professor
Immaterialrätt och skydd av samhällsideal. En studie av klassikerskyddet i upphovsrätten och undantagen i varumärkesrätten, mönsterrätten och patenträtten för allmän ordning och goda seder.
Author
Summary, in English
The subject of this thesis is intellectual property and protection of non-commercial societal interests. The study is divided in two main parts. The first part deals with the provision of the Swedish Copyright Act laying down that literary and artistic works may not be performed or reproduced publicly after the death of their author in a manner that violates cultural interests (protection for classics). The second part deals with the provisions of trademark, design and patent law according to which products and their commercial exploitation are exempt from protection to the extent that they are contrary to ordre public/public policy or morality (morality exceptions).
The aim of the investigation, in a broad sense, is to study the intended and actual functions of protection for classics and the morality exceptions, intended functions being those that the legislator had in mind and actual ones being their application in case-law. Starting from the historical, social and legal context in which these provisions evolved, and taking account of their objectives, both specifically and as part of a system, the investigation identifies, compares and examines the above-mentioned functions of these provisions. The purpose of this is to provide a coherent and systemized description of the norms, to compare the provisions with each other and to analyze the problems that have arisen or may arise in their application. However, the intention is not only to identify and explain difficulties in application, but also to problematise the functions of the provisions and then to reflect critically on their present design and their justification. A further aim of the investigation is to analyze the reasons for the absence of a morality exception in copyright law and to consider whether a court of law could refuse to hear a case, or dismiss it on the merits, because the copyrighted work is contrary to ordre public/public policy or morality.
The aim of the investigation, in a broad sense, is to study the intended and actual functions of protection for classics and the morality exceptions, intended functions being those that the legislator had in mind and actual ones being their application in case-law. Starting from the historical, social and legal context in which these provisions evolved, and taking account of their objectives, both specifically and as part of a system, the investigation identifies, compares and examines the above-mentioned functions of these provisions. The purpose of this is to provide a coherent and systemized description of the norms, to compare the provisions with each other and to analyze the problems that have arisen or may arise in their application. However, the intention is not only to identify and explain difficulties in application, but also to problematise the functions of the provisions and then to reflect critically on their present design and their justification. A further aim of the investigation is to analyze the reasons for the absence of a morality exception in copyright law and to consider whether a court of law could refuse to hear a case, or dismiss it on the merits, because the copyrighted work is contrary to ordre public/public policy or morality.
Department/s
- Department of Law
Publishing year
2014
Language
Swedish
Document type
Dissertation
Publisher
Lund University (Media-Tryck)
Topic
- Law
Keywords
- upphovsrätt
- varumärkesrätt
- allmän ordning och goda seder
- civilrätt
- private law
- patent
- design
- trade mark
- moral rights
- perpetual moral rights
- copyright
- public policy
- morality
- immoral
- ordre public
- Intellectual property
Status
Published
Supervisor
- Birgitta Nyström
- Per Jonas Nordell
- Ulf Maunsbach
ISBN/ISSN/Other
- ISBN: 978-91-7473-927-5
Defence date
23 May 2014
Defence time
10:15
Defence place
Pufendorfsalen, Lilla Gråbrödersgatan 3 C, Lund
Opponent
- Jens Schovsbo (Professor)