scholarly journals Lockean Copyright versus Lockean Property

2020 ◽  
Vol 12 ◽  
pp. 136-182
Author(s):  
Mala Chatterjee
Keyword(s):  
Intellectual Property ◽  
The Other ◽  
Theoretical Conclusion ◽  
Labor Theory ◽  
Other Hand ◽  
Philosophical Criticism

Abstract Locke’s labor theory, the most familiar of property theories, has faced centuries of philosophical criticism. Nonetheless, recent legal scholars have applied it to intellectual property while overlooking these philosophical critiques. Philosophers, on the other hand, are largely absent in IP theorizing, thus not asking whether Locke’s resilient intuition is salvageable in copyright’s domain. This Article argues that Lockean copyright is actually far more plausible than Lockean property, for it avoids the most devastating objections the latter faces. It then defends a surprising doctrinal implication of this theoretical conclusion: a workable Lockean copyright favors rights far more limited than present law.

scholarly journals How Vague Can Your Patent Be? Vagueness Strategies in U.S. Patents

2017 ◽  
Vol 25 (48) ◽  
pp. 55
Author(s):  
Ismael Arinas
Keyword(s):  
Intellectual Property ◽  
Qualitative Analysis ◽  
The Other ◽  
Desirable Characteristic ◽  
Other Hand ◽  
Starting Point ◽  
Semantic Indeterminacy ◽  
The One ◽  
Scope Of Protection

Patent claims define the protection scope of the intellectual property sought by the patent applicant or patentee. Broad claims are valuable as they can describe more expansive rights to the invention. Therefore, if these claims are too broad a potential infringer will more easily argue against them. But if the claims are too narrow the scope of protection of the intellectual property is greatly reduced. Patent claims have to be, on the one hand, determinate and precise enough and, on the other hand, as inclusive as possible. Therefore patent applicants must find a balance in the broadness of the scope defined by their claims. This balance can be achieved by the choice of words with a convenient degree of semantic indeterminacy, by the choice of modifiers or other strategies. In fact, vagueness in patent claims is a desirable characteristic for such documents. A quantitative and qualitative analysis of a corpus of 350 U.S. patents provides a promising starting point to understand the linguistic instruments used to achieve the balance between property claim scope and precision of property description. To conclude, some issues relating vagueness and pragmatics are suggested as a line of further research.

scholarly journals Hologram Technology and Copyright Between Evoking the Past and The Present Crisis in Lights of Copyrights Legislations and International Agreements

2021 ◽  
Vol 4 (2) ◽  
Keyword(s):  
Intellectual Property ◽  
Copyright Infringement ◽  
International Agreements ◽  
The Other ◽  
Commercial Use ◽  
The Past ◽  
Legal Problems ◽  
Other Hand

This paper analyses the multiplicity of the increasing use of holograms in live shows, which has created legal problems with regard to the protection of copyright and publicity rights. Holographic performances that use content without receiving the copyright holder's permission are considered copyright infringement. Infringement is the use of the image, voice, and likeness of celebrities, whether dead or alive, without the permission of the celebrities themselves or their rights. In addition, celebrities can regulate the commercial use of their photos and identities through copyrights protection, which prohibits their name or presence from being used. Therefore, holographic performance producers need to proceed with caution in using pre-existing celebrity material and images. On the other hand, investments and attempts have been made by producers to create holographic performances. Their time and money commitment should be compensated not only financially from income from success, but also from the security of intellectual property systems.

scholarly journals PATEN TERHADAP APLIKASI PROGRAM KOMPUTER BERBASIS FINANCIAL AND TECHNOLOGY DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 71-87
Author(s):  
Anik Marfistasari ◽  
Ennys Kurniawati ◽  
Badzlina Putri Indraswati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Computer Programs ◽  
The Other ◽  
Legal Problems ◽  
Other Hand ◽  
Legal Construction

Patents as Intellectual Property Rights which are included in exclusive rights that contain legal construction. It basically must provide legal protection for the application of financial and techology-based on computer programs in Indonesia, where it is given to the novelty of the invention, inventive steps contained in it; and the success of inventions that should be applicable in industries that are developing at this time. To get tsshe assurance and legal protection against fintech programs invention, it is necessary to be followed up on legislation in the field of intellectual property, especially in terms of special patents which it related the fintceh programs inventions in Indonesia, which are expected to provide solutions to the legal problems in Indonesia and to provide a clear legal direction related the fintech programs inventions, on the other hand, with the existence of the legislation in the field of special patent it is expected that can obtain balanced legal protection related to computer programs. Which must be in accordance with the purpose of the invention itself to support the maximum efforts to achieve people's welfare .

An Interface Between Traditional Knowledge and Intellectual Property Rights (IPR)

2017 ◽  
pp. 135-147
Author(s):  
Nisha Dhanaraj ◽  
Mamta Sharma
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Large Scale ◽  
Indigenous Rights ◽  
The Other ◽  
Community Interest ◽  
Other Hand

Traditional knowledge and Intellectual Property Rights (IPR), both are supplementary and complementary to each other. The aim of traditional knowledge is to promote community interest and protect indigenous rights against bio-piracy and bio-prospecting. On the other hand, IPR guarantees monopoly of a product or service to an organization and empowers it to profit from it. This article studies the present Indian IPR system to understand whether it is capable to handle traditional knowledge or should it be amended to incorporate a separate law to protect traditional knowledge. Besides, a large-scale commercialization and unauthorized use of traditional knowledge has been observed, which gives rise to the need to screen and protect it. This article also takes into consideration the Bonn guidelines and Indian Biodiversity Act 2002 and the issues related to traditional knowledge, and finds that the current issues cannot be resolved by the existing IPR regime.

The Perspective of Moral and Financial Rights of Intellectual Property in Islam

2009 ◽  
Vol 23 (4) ◽  
pp. 457-468 ◽  
Author(s):  
Basem Melhem ◽  
Hitham Haloosh ◽  
Qais Ali Mahafzah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
The Other ◽  
Other Hand

AbstractDuring the Islamic era, Muslims were pioneers in preserving intellectual property rights. Nowadays, however, according to Halāl and Harām, Islamic scholars view intellectual property rights differently, depending on the perspective taken during consideration. As a consequence, one may question whether there is any basis for the concept 'intellectual property rights' in Islamic rules, values, or thoughts, and whether violation of such rights would constitute a sin, similar to violation of any other tangible property. This study on intellectual property rights presents diverging opinions encountered in Islam and concludes that issuing a verdict of Harām or Halāl would be unsuitable for the violation of intellectual property rights, which is a secular issue. The concept 'Intellectual Property' existed in Islam centuries ago in the dress of moral rights. While financial rights, on the other hand, are an arguable issue, intellectual property rights shall be protected and affected as well.

An Interface Between Traditional Knowledge and Intellectual Property Rights (IPR)

2020 ◽  
pp. 435-444
Author(s):  
Nisha Dhanaraj ◽  
Mamta Sharma
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Large Scale ◽  
Indigenous Rights ◽  
The Other ◽  
Community Interest ◽  
Other Hand

Traditional knowledge and Intellectual Property Rights (IPR), both are supplementary and complementary to each other. The aim of traditional knowledge is to promote community interest and protect indigenous rights against bio-piracy and bio-prospecting. On the other hand, IPR guarantees monopoly of a product or service to an organization and empowers it to profit from it. This article studies the present Indian IPR system to understand whether it is capable to handle traditional knowledge or should it be amended to incorporate a separate law to protect traditional knowledge. Besides, a large-scale commercialization and unauthorized use of traditional knowledge has been observed, which gives rise to the need to screen and protect it. This article also takes into consideration the Bonn guidelines and Indian Biodiversity Act 2002 and the issues related to traditional knowledge, and finds that the current issues cannot be resolved by the existing IPR regime.

Antitrust Enforcement Against Standard Essential Patents in China

2017 ◽  
Vol 62 (3) ◽  
pp. 453-464
Author(s):  
Jianmin Dai ◽  
Zhisong Deng ◽  
Song K. Jung
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The Other ◽  
Antitrust Enforcement ◽  
Republic Of China ◽  
High Profile ◽  
Other Hand ◽  
Standard Essential Patents ◽  
Judicial Remedies

Entering into the ninth year of the Anti-Monopoly Law of the People’s Republic of China (AML) in force, China has tackled high-profile cases, promulgated and implemented relevant rules and interpretations in regard to the interface between anti-monopoly and intellectual property rights, while relevant guidelines are in process at the same time. On one hand, the competition authorities in the tripartite system of antitrust enforcement have respectively shown their attitudes towards relevant issues concerning intellectual property rights (IPR)–related anticompetitive conducts by initiating investigations and drafting guidelines. On the other hand, judicial remedies tend to be applied for in parallel, when enterprises who suffered anticompetitive treatment filed complaints to courts.

A study of cometary eruptions through OH radio-lines

1999 ◽  
Vol 173 ◽  
pp. 249-254
Author(s):  
A.M. Silva ◽  
R.D. Miró
Keyword(s):  
Short Duration ◽  
Growth Curves ◽  
The Other ◽  
Initial Mass ◽  
Radio Lines ◽  
Other Hand ◽  
Sudden Rise

AbstractWe have developed a model for theH2OandOHevolution in a comet outburst, assuming that together with the gas, a distribution of icy grains is ejected. With an initial mass of icy grains of 108kg released, theH2OandOHproductions are increased up to a factor two, and the growth curves change drastically in the first two days. The model is applied to eruptions detected in theOHradio monitorings and fits well with the slow variations in the flux. On the other hand, several events of short duration appear, consisting of a sudden rise ofOHflux, followed by a sudden decay on the second day. These apparent short bursts are frequently found as precursors of a more durable eruption. We suggest that both of them are part of a unique eruption, and that the sudden decay is due to collisions that de-excite theOHmaser, when it reaches the Cometopause region located at 1.35 × 105kmfrom the nucleus.

Closing the GAP—A 5Å Scanning Microscope

1969 ◽  
Vol 27 ◽  
pp. 6-7
Author(s):  
A. V. Crewe
Keyword(s):  
Normal Form ◽  
The Other ◽  
Resolving Power ◽  
Scanning Microscope ◽  
Conventional Microscope ◽  
Other Hand ◽  
Closing The Gap ◽  
Thermal Sources ◽  
Better Than ◽  
Transmission Microscope

We have become accustomed to differentiating between the scanning microscope and the conventional transmission microscope according to the resolving power which the two instruments offer. The conventional microscope is capable of a point resolution of a few angstroms and line resolutions of periodic objects of about 1Å. On the other hand, the scanning microscope, in its normal form, is not ordinarily capable of a point resolution better than 100Å. Upon examining reasons for the 100Å limitation, it becomes clear that this is based more on tradition than reason, and in particular, it is a condition imposed upon the microscope by adherence to thermal sources of electrons.

Life Beyond 1MeV

1980 ◽  
Vol 38 ◽  
pp. 30-33
Author(s):  
K.H. Westmacott
Keyword(s):  
Electron Microscopy ◽  
Past Experience ◽  
The Other ◽  
Good Case ◽  
Other Hand ◽  
The U.S

Life beyond 1MeV – like life after 40 – is not too different unless one takes advantage of past experience and is receptive to new opportunities. At first glance, the returns on performing electron microscopy at voltages greater than 1MeV diminish rather rapidly as the curves which describe the well-known advantages of HVEM often tend towards saturation. However, in a country with a significant HVEM capability, a good case can be made for investing in instruments with a range of maximum accelerating voltages. In this regard, the 1.5MeV KRATOS HVEM being installed in Berkeley will complement the other 650KeV, 1MeV, and 1.2MeV instruments currently operating in the U.S. One other consideration suggests that 1.5MeV is an optimum voltage machine – Its additional advantages may be purchased for not much more than a 1MeV instrument. On the other hand, the 3MeV HVEM's which seem to be operated at 2MeV maximum, are much more expensive.

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