Sensorium®: The Splash of Sensory Trademarks

2019 ◽  
Vol 34 (2) ◽  
pp. 243-259 ◽  
Author(s):  
Charlene Elliott
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Property Law ◽  
Legal Environment ◽  
Lingua Franca ◽  
Intellectual Property Law ◽  
The Senses

AbstractSensory trademarks present a compelling case in which to explore the senses as “containers of possibility,” and this article explores the emergence and logic of sensory trademarks from a legal and marketers’ perspective. Using sensory trademark cases from the United States, I suggest that the current socio-legal environment opens a conversation about what I would call sensory capitalism—the monetization of the senses rather than the propertization of the senses—that requires intellectual property law to properly function. I argue that the sensory model espoused by the trademarking of the senses is one of the mass sensorium, whereby the “audience” universally recognizes marks as designating a particular source or origin of goods. The mass sensorium offers something quite novel, however, because embedded in it is the (corporate) promise of a lingua franca that valorizes all of the senses and generates a type of mediated affect that is shared.

The Emergence and Development of United States Intellectual Property Law

2017 ◽  
Author(s):  
Oren Bracha
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
History Of ◽  
Three Stages ◽  
Further Development

This chapter surveys the history of intellectual property law in the United States from its colonial origins to the present, and focuses on the three subfields that have a claim for seniority in terms of their longevity and importance: patent, copyright, and trademark. The development of these subfields is described as a process in which law has interacted with technology, economic factors, ideology, and politics. The chapter describes how at the end of the eighteenth-century American patent and copyright law emerged out of two sources: British laws and institutions and local colonial practices. The further development of American intellectual property law is analysed as comprising three stages: early patent, copyright, and trademark law; the consolidation of the modern framework of these fields through significant transformations beginning in the second half of the nineteenth century; and the various developments from the early twentieth century to the present.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

scholarly journals CELEBRITY PERSONA: LEGAL RIGHTS IN MALAYSIA

2020 ◽  
Vol 5 (19) ◽  
pp. 145-155
Author(s):  
Nor Azlina Mohd Noor ◽  
Ahmad Shamsul Abd Aziz ◽  
Mazita Mohamed
Keyword(s):  
Social Media ◽  
Intellectual Property ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
Personal Data Protection ◽  
Legal Provisions

A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.

scholarly journals Pornografía no consentida: alternativas en el ordenamiento jurídico de la propiedad intelectual de Estados Unidos

2020 ◽  
Vol 13 (00) ◽  
pp. 141-169
Author(s):  
Fredrick Vega Lozada
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Legal System ◽  
North American ◽  
United States Of America ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Electronic Communications ◽  
Privacy Act

Non-consensual pornography is an act of violence that undermines the dignity, reputation and honor of people. This research presents some of the existing legal alternatives to face these acts of violence with intellectual property law, specifically with copyright. This research is based on the legal system of the United States of America, the United States Copyright Law of 1976, the Electronic Non-Theft Act of 1997, The Communication Decency Law of 1996, The Electronic Communications Privacy Act of 1986, the Digital Millennium Copyright Act of 1998 and the exceptions and clarifications presented by the jurisprudence. The investigation concludes that there are alternatives available to victims of these acts of non-consensual pornography. However, to make North American copyright remedies accessible to victims, it is recommended to amend some of the current Acts analyzed.

scholarly journals Should the New Zealand Parliament Allow the Intellectual Property Office of New Zealand to Continue to Grant Patents for Isolated Human Genes?

2013 ◽  
Vol 44 (1) ◽  
pp. 91
Author(s):  
Ruth Upperton
Keyword(s):  
United States ◽  
New Zealand ◽  
Intellectual Property ◽  
United States Of America ◽  
The United States ◽  
Property Law ◽  
Human Genes ◽  
Legal Perspective ◽  
Myriad Genetics ◽  
Patentable Subject Matter

It is time for New Zealanders to decide whether we want to allow patents over isolated human genes. In making this decision, we should take heed of the pitfalls other jurisdictions have encountered in this area. In this article, I determine the approach New Zealand intellectual property law should take to the patenting of isolated human genes, with reference to the arguments and issues raised by the Myriad Genetics litigation in the United States of America. I conclude that a nuanced approach should be adopted. Isolated human genes are not patentable subject-matter from a legal perspective; however, patents in the field of gene therapeutics should be allowed on policy grounds.

Ownership of Collaborative Works in the Cloud

2015 ◽  
Vol 11 (4) ◽  
pp. 35-51 ◽  
Author(s):  
Marilyn Phelps ◽  
Murray E. Jennex
Keyword(s):  
Knowledge Management ◽  
Intellectual Property ◽  
Cloud Storage ◽  
Legal Protection ◽  
Property Law ◽  
Legal Environment ◽  
Intellectual Property Law ◽  
Networking Technologies

Increased usage of cloud storage and other networking technologies in knowledge management (KM) systems leave companies vulnerable to loss of proprietary rights as intellectual property law struggles to keep up with these advances. This paper reviews the current legal environment surrounding cloud and collaborative KM, discusses the implications for KM, and makes recommendations for how gaps between legal protection for intellectual property and KM can be overcome/corrected. Additionally, the paper explores how aware KM personnel are of this risk and proposes a further study using the who owns it game.

scholarly journals Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements

2007 ◽  
Vol 23 (suppl 1) ◽  
pp. S85-S96 ◽  
Author(s):  
Arachu Castro ◽  
Michael Westerhaus
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Universal Access ◽  
Trade Agreements ◽  
The United States ◽  
Patent Law ◽  
Essential Medicines ◽  
Property Law ◽  
Middle Income ◽  
Intellectual Property Law

The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.

scholarly journals Liability of Internet Service Providers for Online Copyright Infringement: International Experience and Recommendations for Vietnam

2021 ◽  
Vol 37 (2) ◽  
Author(s):  
Nguyen Bich Thao ◽  
Le Hong Linh ◽  
Khuc Thi Phuong Anh ◽  
Nguyen Hoang Quynh
Keyword(s):  
Intellectual Property ◽  
Industrial Revolution ◽  
Service Providers ◽  
The United States ◽  
Property Law ◽  
Internet Service Providers ◽  
The European Union ◽  
Internet Service ◽  
Intellectual Property Law ◽  
Internet Users

The advent of the Internet has posed unprecedented challenges on enforcing copyright. Online copyright infringements are pervasive, while it is not easy to impose liability on direct infringers, i.e., Internet users. This leads to a debate over whether online platforms or online intermediaries, which are often named “Internet Service Providers” (ISPs), should be held liable for these infringing activities or not, and if so, how to balance between Internet freedom, technological innovation and the need for effective copyright enforcement in the digital era. The aim of this paper is to provide answers to these questions by analyzing ISP’s liability from different international approaches such as the United States, the European Union, and China; hence, some experience for Vietnam could be drawn. Finally, the authors make recommendations to address the shortcomings in Vietnam’s intellectual property law with respect to ISP’s liability. This research is perfectly timing, given that Vietnam is amending its Intellectual Property Law to implement its commitments under the new generation free trade agreements and to meet the demand of the Fourth Industrial Revolution

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