Copyright law is considered to be one of the most dynamically developing fields of the law. This dynamic character of development has been mentioned in the European Copyright legislation as well. Although the significant challenges to this legislation have already been successfully overcome, the critics show that it still has the long way to go, before reaching more complete and advanced level of harmonization. Together with the positive evaluations, the actual process of harmonizing European Copyright law has deserved some critics as well. Therefore, while implementing the norms of that law into the national legislation, especially in the countries not belonging to the European Union, the legislators have to take into account both – the positive and negative aspects observed in the European level, in order to guarantee the successful realization of the European Copyright law implementation.
Georgian example has been provided, in order to acknowledge the challenges of European Copyright law implementation into the legislation of the country, which does not belong to the European Union. However, the process of harmonizing Georgian Copyright legislation with that of the European Union has been activated during slightly more than a decade. This period has been characterized by the high level of dynamic developments, reflected in the changes and amendments. The main characteristics of development of the Georgian Copyright law up until now have to be taken into account for the process of future harmonization.
The process of European Copyright law implementation has its own challenges as well. An abstract desire of harmonizing the European law should not be enough to overcome these challenges. Rather, the legislator has to take into consideration not only the European law which has to be implemented, but the existing reality and the logic of development in the national law as well. Similarly, during the implementation, balance has to be found between the general interests of harmonization and national interests of the existing legislation. In our opinion, this kind of ‘balance-based’ approach would lead to the successful realization of the European Copyright law harmonization into the Georgian legislation.
Inhaltsverzeichnis (Table of Contents)
- A. Introduction
- B. Harmonization of European Copyright Law
- I. Aspects of Harmonizing European Copyright Law
- II. European Copyright Legislation
- 1. Computer Programs Directive
- 2. Rental and Lending Right Directive
- 3. Satellite and Cable Directive
- 4. Term Directive
- 5. Database Directive
- 6. Information Society Directive
- 7. Resale Right Directive
- I. Overview of the Georgian copyright legislation
- 1. Development of the Georgian Copyright Legislation
- 2. The Law on Copyright and Neighboring Rights
- II. The level of harmonization
- 1. General aspects of harmonization
- a. The Term of Protection
- b. Protection of Computer programs
- c. Protection of Databases
- 2. The Fourth Amendment
- a. Copyright in the Information Society
- b. Rental and lending right
- c. Resale Right
- d. Satellite and Cable
- e. Other issues
- I. Extent of Further Harmonization
- 1. Computer Programs and Databases
- a. Directive 91/250/EEC
- b. Directive 96/9EC
- 2. Rental, lending and resale rights
- a. Directive 2006/115/EC
- b. Directive 2001/84/EC
- 3. Satellite and Cable, Term of Protection and Copyright in the Information Society
- a. Directive 93/83/EC
- b. Directive 2006/116/EC
- c. Directive 2001/29/EC
- II. How Far Should the Harmonization go
- 1. Possibilities for the Further Harmonization
- 2. Limitations to the Further Harmonization
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This thesis examines the implementation of EU Copyright Law into Georgian legislation, analyzing the harmonization process and offering recommendations for further alignment. It explores the extent to which Georgia has successfully incorporated EU copyright norms and identifies areas requiring additional attention.
- Harmonization of European Copyright Law with Georgian Law
- Analysis of the Georgian Copyright Legislation's Development
- Assessment of the level of harmonization achieved
- Identification of areas needing further harmonization
- Recommendations for future steps in the harmonization process
Zusammenfassung der Kapitel (Chapter Summaries)
The Introduction sets the stage by discussing the EU's copyright harmonization efforts and Georgia's participation through Partnership and Cooperation Agreements. The section on Harmonization of European Copyright Law overviews EU legislation relevant to copyright, highlighting key directives. The chapter on Georgian Copyright Law provides a historical overview of Georgian copyright legislation and assesses the degree to which it aligns with EU standards. Finally, Recommendations for Further Harmonization analyzes areas where additional alignment is needed, exploring the possibilities and limitations of future harmonization efforts.
Schlüsselwörter (Keywords)
European Union Copyright Law, Georgian Copyright Law, Harmonization, Intellectual Property, Partnership and Cooperation Agreement, Computer Programs, Databases, Rental Rights, Lending Rights, Resale Right, Information Society Directive.
- Citation du texte
- George Meskhi (Auteur), 2010, Step towards harmonization - Implementation of the EU Copyright Law into Georgian Legislation, Munich, GRIN Verlag, https://www.grin.com/document/183066
