scholarly journals No Trademark Protection for Artworks in the Public Domain – A Practical Guide to the Application of Public Order and Morality as Grounds for Refusal

2021 ◽  
Author(s):  
Martin Senftleben
Keyword(s):  
Final Section ◽  
Public Domain ◽  
Trade Association ◽  
Public Order ◽  
Practical Implementation ◽  
Practical Application ◽  
The Public ◽  
European Free Trade Association ◽  
The Arts ◽  
Trademark Protection

Abstract With its 2017 landmark decision in Vigeland, the Court of Justice of the European Free Trade Association States (EFTA Court) has paved the way for the invocation of public order and morality as grounds for refusal when trademark protection is sought for cultural expressions in the public domain. Dealing with an attempt to register artworks of the famous Norwegian sculptor Gustav Vigeland as trademarks, the EFTA Court took this step to safeguard the public domain status of literary and artistic works after the expiry of copyright, shield cultural creations against ‘commercial greed’ and ensure the freedom of the arts.1 Trademark examiners and judges seeking to follow in the footsteps of the EFTA Court, however, may find it difficult to operationalize the Vigeland criteria and put corresponding arguments for refusal into practice. Against this background, the following analysis provides guidelines for the practical application of public order and morality arguments in cultural heritage cases. It describes problems arising from the grant of trademark rights in cultural public domain material (Section I) and the traditional reluctance of trademark offices and courts to rely on public order and morality considerations in this context (Section II). After this statement of the problem, the criteria following from the Vigeland decision will be introduced (Section III) before we explore the practical implementation of the EFTA Court’s morality (Section IV) and public order (Section V) arguments in more detail. The final Section VI summarizes the results of the analysis.

The Script in Action

2021 ◽  
pp. 241-280
Author(s):  
Richard Martin
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Final Section ◽  
Public Order ◽  
Human Rights Law ◽  
The Public ◽  
High Profile ◽  
Police Decision Making ◽  
Legal Challenges ◽  
Sales Pitch

This chapter examines how the public order script, explored in Chapter 6, was performed by commanders. It begins by exploring how commanders sought to sell the script to the parade and protest groups commanders sought to ‘win over’. If such groups could be won over with the PSNI’s pitch, the likelihood of disorder was greatly diminished, and commanders could better control the event. In some cases, however, the sales pitch proved unsuccessful; marchers and protestors proceeded with their own agendas. In such instances, commanders proved reluctant to intervene too forcefully, for reasons that will become clear. In two high-profile cases, the police approach to disorder has led to legal challenges, both of which reached the UK’s highest court. This introduces the second audience occasionally in receipt of the police script: the courts that must assess the internal self-application of human rights law by police. In their review of police decision-making in these cases, though, the senior judiciary have proven reluctant to interfere, showing deference to officers’ relative expertise, their access to intelligence and the exigencies of operational situations. The final section asks what role human rights law has come to play in managing the kinds of ‘trouble’ that Waddington (1994) identified over two decades ago as crucial to commanders’ decision-making.

scholarly journals Communicating European Archives: Challenges, Strategies and Tools

Atlanti ◽  
2018 ◽  
Vol 28 (1) ◽  
pp. 11-15
Author(s):  
Dieter Schlenker
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Framework ◽  
Trade Association ◽  
Digital Archives ◽  
The European Union ◽  
The Public ◽  
European Free Trade Association ◽  
Historical Archives ◽  
The Eu

This article outlines the insights gained during the establishment of a communications strategy for the Historical Archives of the European Union (HAEU) in Florence. The article reflects on how key messages of a unique transnational European archives are construed from its mission, legal framework and in close collaboration with EU institutional archives services. It also sheds light on how to identify a specific European target audience for the Archives and other key elements of a communications strategy for a European archives.The HAEU is the official home for the historical documents of the European Union Institutions, Bodies and Agencies. It is part of the European University Institute, a unique academic hub for doctoral and post-doctoral European studies. It houses, at Villa Salviati in Florence, seven kilometres of paper and digital archives as well as rich audio-visual and oral history collections documenting the historical process of European integration and cooperation. The EU-institutional archives are made accessible to the public after 30 years.The HAEU also hosts 160 deposits of private papers from eminent European political leaders, EU officials and pioneers in the European integration process, and a unique collection of archives of pro-Eu-ropean movements and non-EU organisations with a European scope, such as the European Space Agen-cy and the European Free Trade Association.

Communities of interpretation in the study of religion in Burma

2008 ◽  
Vol 39 (2) ◽  
pp. 255-267 ◽  
Author(s):  
Juliane Schober
Keyword(s):  
Ethnic Minorities ◽  
Future Development ◽  
Final Section ◽  
Public Domain ◽  
The Public ◽  
Colonial Resistance ◽  
A Site

AbstractThe paper delineates stages in the interpretation of religion in Burma. Beginning with colonial constructions, the discussion moves to subsequent studies in anthropology and history from which emerged an emphasis on localised articulations of Theravada Buddhist traditions. Others examined religion as a site for colonial resistance and as a means for engaging issues of modernity. More recent interpreters focused on Buddhist voices in the public domain of contemporary Burma and some recent studies moved beyond received boundaries of inquiry to consider religions among ethnic minorities and diaspora communities. The final section charts future development in the study of religion in Burma.

scholarly journals Christelike gesindheid en ander godsdienste

2006 ◽  
Vol 40 (3) ◽  
Author(s):  
J. M. Vorster
Keyword(s):  
Kingdom Of God ◽  
Point Of View ◽  
Practical Implementation ◽  
Constitutional Democracy ◽  
Practical Application ◽  
The Public ◽  
Peace Of Mind ◽  
Ethical Point ◽  
The Government ◽  
The Public Sphere

Christian attitude and other religions This article investigates certain models for the practical implementation of religious freedom. The frame of reference is the idea of the kingdom of God, the calling of Christians to care for all people with the attitude of Christ as a leading example and a biblical view on the task of the government. The following models are evaluated: the active theocratic model; the active state religion model; the active universalist model; the active neutralist model and the active pluralist model. The conclusion is that the first four models do not succeed in maintaining peace between religions and can thus be questioned from a Christian ethical point of view. A choice is made for the fifth model, because only an open display of all religions in the public sphere, without restriction and infringings of the state gives religious peace of mind and creates the space for peaceful co- existense. Examples are proposed for the practical application of this model in a constitutional democracy.

Rewritten or Reused? Originality, Intertextuality, and Reuse in the Writings of a Buddhist Visionary in Contemporary Tibet

2017 ◽  
Vol 33 (1-2) ◽  
pp. 203-231
Author(s):  
Antonio Terrone
Keyword(s):  
Public Domain ◽  
The Public ◽  
The Way

The study of Buddhist texts can inform us of the way scriptures were composed, as well as illuminate the reasons behind their production. This study examines the phenomenon of borrowing and reusing portions of texts without attributing them to their ‘legitimate authors’ within the Buddhist world of contemporary Tibet. It shows that not only is such a practice not at all infrequent and is often socially accepted, but that it is used in this case as a platform to advance specific claims and promote an explicit agenda. Therefore, rather than considering these as instances of plagiarism, this essay looks at the practice of copying and borrowing as an exercise in intertextuality, intended as the faithful retransmission of ancient truths, and as an indication of the public domain of texts in Tibet.

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