نوع مقاله : مقاله پژوهشی
استادیار، دانشکده حقوق و علوم سیاسی، دانشگاه تهران
عنوان مقاله [English]
Directive 790/2019 on Copyright and Related Rights in the Digital Single Market is the latest regulation in the field of intellectual property law to be adopted and recently implemented in the European region. These regulations are based on a new legal regime that introduces certain components in the field of intellectual property. In this regime, data mining and educational use in the form of limitations or exceptions with a narrow domain in the context of the digital environment and the right to news is provided for press publishers, in addition to online sharing service providers are required to fulfill obligations to filter works. Right holders will also have the authority to modify their contracts and exercise the right to withdraw literary and artistic works. The important question is what the components of the new system are. And what assessment can be made of the nature of the regulations? The present paper concludes with a descriptive-analytical method that in the new regime, a liability-based regime has been established for the basis of specific legal entities in order to establish limitations and exceptions and control the use of works in parallel with the implementation of some intellectual property law provisions. It could soon serve as a model for other countries regulations, although the added value of new exceptions will not be widespread in the consumer community.