It is a time of change, and it also means that the rules of the game are changing. To use a simple example, for twenty years it has been standard practice to use “public person” as a legal category of description. However, from now on the law is going to recognize that this phrase can also be used in connection with intellectual property rights – that is, with copyright-related rights giving ownership over an idea or design to someone who created something original. The new legislation will even provide for a special protection for those creators who were not officially recognised by society – they will be given the right to file with anyone asking for information about their work without worrying about possible repercussions. Of course, the new legislation does not mean that there are no longer any rules. All rights are always accompanied by obligations. The new legislation has to provide for a balance between all of the interests involved. Property rights have to be balanced against the need for an open information society while the interests of private individuals have to be weighed against collective rights or other interests in a wider context. This is one reason why legislators have tight rules about how intellectual property protection should be granted, along with clauses which allow people to cancel or amend them under certain conditions. The law also provides special protection for minors because it takes account of their needs for social guidance and education. The law is also geared towards protecting the interests of young people. All this means that, in the future, the right to object to a prosecution will have considerably more weight in any legal proceedings than it currently has. The new protection for designers concerns not only their own work but also that of others which they could claim is based on their ideas. As before, they are entitled to claim rights to the protected designs which are protected by intellectual property law. These are protected against any use even if it comes from other people who have not contacted anyone involved in drawing up or applying the idea or design because it was taken from them by mistake. The protection also extends to the works based on the protected designs. If someone who is not a copyright owner uses, publicly or commercially, a protected design which was previously only protected by copyright, the original designer or his successor has the right to demand damages and possibly also damages for injury caused to his reputation. The infringement of copyright is only an offence if it concerns a publicly distributed work. Thus, for example, it would be relevant in such a case whether the published work was sold on a retail basis or made available for purchase by other means such as downloading. On the other hand, when copying a design which is protected by copyright and which has been put into circulation by the copyright owner or with his consent, the law requires that it be necessary for reproduction of the work and that only so much of the work is taken as is necessary for this. The new law also states that, for this kind of infringement, all copies made without permission may be confiscated and disposed of. Another new aspect lies in the fact that such confiscation will not affect any rights to use or dispose of them otherwise than through their confiscation. The new legislation also contains provisions on how damages for infringement should be calculated.
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