The Protection of Non-Traditional Trademarks

2018 ◽  
Keyword(s):  
Intellectual Property ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Comprehensive Overview ◽  
Property System ◽  
Starting Point ◽  
Problems And Solutions ◽  
The Status ◽  
Trademark Protection ◽  
The Impact

During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to competition-based and cultural concerns—that are raised by the inclusion of non-traditional marks in the trademark system? Which positions have evolved in the debate on the continuous expansion of the domain of trademark protection? Which repercussions does this expansion have on other branches of intellectual property protection and the intellectual property system as a whole? Offering a fresh, critical, and interdisciplinary analysis of the questions raised by the acceptance of non-traditional marks, this book provides an insightful academic—and at the same time practical—legal and economic review of the topic. Office and court decisions from different countries and regions serve as a starting point for a comparison of existing approaches to non-traditional marks. Providing a comprehensive overview of the status quo in different jurisdictions, the essays in this book offer a cutting-edge discussion of legal problems and solutions in the field of non-traditional marks. The analysis, however, goes far beyond specific questions of trademark law and practice. It places the issue in the broader context of fundamental rights, in particular freedom of competition and freedom of expression, and explores the impact on other fields of intellectual property, such as patent, copyright, and industrial designs law.

The Impact of Piracy and Technical Protection of Results of Intellectual Activity on Social Welfare

2017 ◽  
Vol 2017 (1) ◽  
pp. 62-85
Author(s):  
Anastasiya Morosanova ◽  
Anna Meleshkina
Keyword(s):  
Mathematical Model ◽  
Intellectual Property ◽  
Social Welfare ◽  
Indirect Effects ◽  
Copyright Owner ◽  
Public Welfare ◽  
Information Network ◽  
Intellectual Activity ◽  
Property System ◽  
The Impact

The article reflects the main aspects that should be taken into account in developing and changing the regulation of intellectual property sphere. Being harmful in some aspects, piracy also has a number of properties that can be useful for copyright owners: information, network and indirect effects. The paper presents a mathematical model showing the case where the protection of intellection activity result can cause more damage to public welfare than piracy itself. The findings show a need for tools more flexible than the intellectual property system so that every copyright owner can choose the required level of protection.

scholarly journals Economic Perspectives of Trademarks

2018 ◽  
Vol 9 ◽  
pp. 73-83
Author(s):  
Rishi Ram Chapagai
Keyword(s):  
Intellectual Property ◽  
Global Economy ◽  
Service Sector ◽  
Research Study ◽  
Global Marketplace ◽  
Business Context ◽  
Trademark Protection ◽  
Economic Perspectives ◽  
The Impact

Primarily, this paper examines the role of trademark in global economy, as an intellectual property the value of trademark and brand in the global marketplace, and the economic potentiality of trademarks to generate more value and surplus in the economy. This paper also discusses the contribution of the trademarks for creating brand and value of business enterprises. The article is basically conceptual and descriptive in nature. Based on the literature review, the purposes of this paper are; to assess the perceived value of a trademark and brand, to examine the trademark roles for creating brand and value and to understand the impact of trademark on economy.The article deals with trademark and its economic perspectives. This article is valuable to understand the value of trademark in marketplace. The article helps academicians and practitioner to know the concept of trademark as an intellectual property and to understand that it can be used by market economy to generate more income, value, and surplus in the economy. The economic perspective of trademark can be applicable to many segments of Nepalese business context; ranging from manufacturing to service sector and importantly for the entrepreneurship development. Finally, the article is recommending for further empirical research study to examine the impact of trademark protection system for the countries’ economic growth. The Sapta Gandaki JournalVol. IX, 2018 Feb. Page: 73-83

17. Article 10: freedom of expression

2021 ◽  
pp. 360-389
Author(s):  
Howard Davis
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
European Convention ◽  
Liberal Democratic ◽  
Key Points ◽  
Liberal Democratic Society ◽  
The Right ◽  
The Impact ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech and the impact of restraints on hate speech.

Amendments to the Argentine Trademark Law: Initial Impact

2020 ◽  
Author(s):  
Iris V Quadrio ◽  
Carol A O’Donnell
Keyword(s):  
Intellectual Property ◽  
Case Law ◽  
International Standards ◽  
Industrial Property ◽  
Trademark Law ◽  
Reference Guide ◽  
Starting Point ◽  
Comparative Review ◽  
Trademark Protection ◽  
Administrative Procedures

Abstract This paper examines the principal changes to the Argentine Trademark Law in 2018. The aim of these amendments was to reduce bureaucracy and simplify administrative procedures in a vast diversity of areas besides intellectual property, such as corporate, finance, insurance and labor matters, among others. With respect to intellectual property, however, some of the changes seem to be substantive and not merely procedural. The purpose of this article is to analyze the changes to the Argentine Trademark Law and provide a practical reference guide in relation to trademark protection in Argentina. The authors discuss how the system for resolving oppositions has been simplified, reducing time and costs to obtain registrations. In addition, the authors provide a comparative review of some of the judicial decisions ruled on the merit of oppositions and those adopted by the National Institute of Industrial Property in 2020. Based on this comparative case law and the analysis of the amendments to the new law, the authors share their views on the implementation of the changes and their application in practice, which may serve as a starting point for those interested in registering their trademarks in Argentina. They conclude that the modifications to the Argentine Trademark Law are positive and aim to bring the Argentine system in line with international standards.

scholarly journals Impact of eliminating malaria by 2040 on poverty rates among agricultural households in Africa

2018 ◽  
Vol 2 ◽  
pp. 69 ◽  
Author(s):  
Derek W. Willis ◽  
Nick Hamon
Keyword(s):  
Sub Saharan Africa ◽  
Malaria Burden ◽  
Modeling Analysis ◽  
Starting Point ◽  
Agricultural Households ◽  
The Status ◽  
Potential Impact ◽  
Sub Saharan ◽  
The Impact ◽  
Number Of Individuals

Background: Reaching the goal of eradicating malaria by 2040, if achieved, would have a profound effect on farmers’ lives in sub-Saharan Africa. Our objective is to examine how achieving that goal would affect poverty rates of agricultural households. Methods: We analyzed the potential impact of eliminating malaria by 2040 on poverty rates among agricultural households in malarious regions of sub-Saharan Africa. Our model used ten scenarios to examine how the impact of eliminating malaria by 2040 on households’ income would affect the number of individuals living on less than $1.90 (2011 PPP) per day.  Results: We analyzed ten scenarios for malaria’s impact on agricultural household income from 2018 to 2040 for the approximately 324 million individuals in agricultural households in malarious regions of sub-Saharan Africa in 2018. We found that approximately 53 million to 123 million individuals would escape poverty by 2040 if malaria were eliminated by that year. If the malaria burden in agricultural households remained at its current level through 2040, only 40 million individuals would escape poverty by 2040, a decrease of only 24%. Therefore, the impact of eliminating malaria by 2040, relative to the status quo scenario through 2040, is that approximately 13 million to 84 million individuals in agricultural households will escape poverty.  Conclusions: The modeling analysis presented here is meant to be a starting point for additional research into the potential impact of eliminating malaria on the incomes of agricultural households in sub-Saharan Africa. This study could be strengthened with the application of new methods to examine malaria’s impact on the welfare of agricultural households. We recommend the collection and analysis of longitudinal data from agricultural households in future studies of malaria’s impact on these households.

Blocking Orders: Assessing Tensions with Human Rights

2020 ◽  
pp. 565-585
Author(s):  
Christophe Geiger ◽  
Elena Izyumenko
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Freedom Of Expression ◽  
Internet Access ◽  
Fundamental Rights ◽  
Human Right ◽  
The Past ◽  
Blocking Orders ◽  
Copyright Enforcement ◽  
The Eu

In the past few years, the practice of enforcing intellectual property by ordering internet access providers to block infringing websites has been rapidly growing, especially in Europe. European Courts, such as the CJEU and ECtHR, advance several factors to inform—from the perspective of different fundamental rights—the website-blocking practices for copyright enforcement in Europe. This chapter provides an overview of these factors, starting with the freedom of expression framework for website blocking and the rather revolutionary, at least for the European judiciary, concept of user rights that has being construed under it. It then proceeds to discuss the limits of intermediaries’ involvement in digital enforcement dictated by the EU-specific freedom to conduct a business. The required efficacy of the blocking resulting from the human right to property framework for intellectual property is also examined. Potential effects on the website-blocking practices of the recent EU copyright reform are then discussed before concluding.

Adjusting to the Newcomer: Theology and Ecotheology

2000 ◽  
Vol 13 (2) ◽  
pp. 160-180 ◽  
Author(s):  
Neil Darragh
Keyword(s):  
Intrinsic Value ◽  
Human Person ◽  
The Bible ◽  
Starting Point ◽  
The World ◽  
The Status ◽  
The Impact

This paper is concerned with the impact of ecotheology on traditional concepts and perspectives. It notes the questions now being asked about the status of the bible and about sacramental perspectives on the world as a result of ecological issues. It looks at the implications of three significant Ecotheological concepts, namely, intrinsic value, connectedness, and sustainability. From this starting point it asks theologians to re-examine traditional areas of theological enquiry such as our understanding of the human person, christology, pneumatology, salvation, missiology, ecclesiology, and liturgies at the particular points where ecotheology impacts upon them.

Production, commercialization, and intellectual property of transgenic crops in Latin America

2019 ◽  
Vol 9 (4) ◽  
pp. 333-351 ◽  
Author(s):  
Alejandro Barragán-Ocaña ◽  
Gerardo Reyes-Ruiz ◽  
Samuel Olmos-Peña ◽  
Hortensia Gómez-Viquez
Keyword(s):  
Developing Countries ◽  
Latin America ◽  
Intellectual Property ◽  
Transgenic Crops ◽  
Transgenic Crop ◽  
Global Dynamics ◽  
Content Type ◽  
Starting Point ◽  
The World ◽  
The Status

Purpose Transgenic crops have been increasingly adopted, produced and commercialized throughout the world. Correspondingly, the management of intellectual property rights concerning transgenic crops has gained importance. In this context, it is necessary to understand the status quo of transgenic crop production, especially in developing countries. The purpose of this paper is to provide a general scenario of transgenic crops and their growth around the world, especially in Latin America. Design/methodology/approach A literature review was carried out to determine the status of intellectual property protection, production and commercialization of transgenic crops. Findings Opinions concerning the risks and benefits of adopting transgenics are markedly divided. Its presence in the agricultural sector has undoubtedly taken a firm hold in different parts of the world. Nevertheless, there are some areas of the international transgenics industry that need further and ongoing discussion and assessment, such as biosafety, intellectual property, regulation and legislation, among others. Additionally, in developing countries, and especially in the case of Latin America, other relevant issues to be addressed are associated with the conservation of local plant varieties and the preservation of cultural values, as well as the development of endogenous technology to solve local problems and the integration of farmers and the society at large and their interests into the discussion. Research limitations/implications The most significant limitation of the present study was the lack of available data. Future studies using larger data sets will allow for more robust statistical analyses. Additionally, country-specific studies focused on the most important crops, those that each country grows intensively, are necessary for a better insight into the global dynamics of the sector; these studies must stress the intellectual property mechanisms used and address biosafety and regulatory issues, among other areas. Originality/value The present study represents a starting point for establishing schemes to facilitate the proper development and management of transgenic technology based on regional interests and the guiding principles of ethics and biosecurity.

Licence Agreements and Insolvency Proceedings under Spanish Law

2020 ◽  
Author(s):  
Pilar Martín Aresti
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Contract Law ◽  
Spanish Law ◽  
Starting Point ◽  
Protecting Intellectual Property ◽  
Insolvency Proceedings ◽  
The Impact

Abstract This article analyses the impact of insolvency proceedings on licence agreements aimed at protecting intellectual property rights from the perspective of Spanish law. The article takes as its starting point the assumption that, if insolvency is declared, any licence agreements entered into by the debtor are subject to the principles and rules regulating insolvency proceedings, such principles and rules justifying exceptional legal solutions that diverge from those resulting from the application of the ordinary principles of contract law.

Social media before domestic courts in Europe: An analysis of free speech cases

2020 ◽  
pp. 1023263X2097919
Author(s):  
Evangelia Psychogiopoulou ◽  
Federica Casarosa
Keyword(s):  
Social Media ◽  
Free Speech ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Test Bed ◽  
Supreme Courts ◽  
Judicial Decision Making ◽  
Eu Member States ◽  
Media Regulation ◽  
The Impact

Social media arose as a way to communicate with friends, but it evolved to become a significant medium through which individuals exercise their right to free speech. At the same time, social media has raised a variety of challenges for fundamental rights. Whereas national and supranational legislators play a key role in terms of governing social media, court decisions are a test-bed for the protection of fundamental rights in a social media context. This article seeks to shed light on the social media jurisprudence of constitutional and supreme courts in a selected set of EU Member States. It examines in particular the contribution of national judiciaries to the protection of freedom of expression online and its balancing with other rights and interests in a social media setting. The focus is on cases that concern political speech, cases that examine the application of safeguards for the press on social media, and cases that reflect upon the impact of social media on legacy media regulation, that is, regulation for the mass media from the pre-digital age. The analysis identifies key trends in domestic judicial reasoning and shows the importance of fundamental rights as an interpretative tool for judicial decision-making on social media standards.

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