| Popis: |
The issues related to legal certainty are conventionally discussed in scholarly writings through the rule-standard dichotomy. However, the problems brought by new technologies and globalization have a significant impact on legal certainty in the present societies and are more complex than the standard analysis is able to cope with. This Chapter scrutinizes the controversies of this kind, brought by diverse private ordering regimes employed by the intellectual property right holders worldwide nowadays. It points out that these endeavours to increase legal certainty and protection for the right holders have their limits and are doomed to fail, unless they take into account the legitimate interests of all the concerned stakeholders. |
