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In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.
Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.
The United Kingdom on the recommendation of the Whitford Committee on the issue of reprography established “Copyright Licensing Agency” which offers a blanket license to schools and colleges for a negotiated annual fee. It mandated corporate bodies, reprographic shops, libraries, educational institutions, etc. Way Forward.
2) A small business concern that meets size requirements and, like the above, has not assigned, granted, conveyed, or licensed any rights in the invention to another who does not qualify for small entity status. As set out in 37 CFR 1.27 This may include another person, a small business concern, or nonprofit organization. (2)
It also introduced new mechanisms in the area of negotiating contracts (for the making available of audiovisual works in audiovisual on-demand services, see new Article 73) and negotiating remuneration due (as in the case of press publishers, see new Article 99 12 ).
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