scholarly journals Introduction

Author(s):  
Irene Calboli ◽  
Martin Senftleben

During the past decades, the domain of trademark law and the scope of trademark protection have been expanded significantly. The flexible application of prerequisites for registration has paved the way for the recognition of a wide variety of signs as subject matter eligible for trademark protection. This includes single colors, shapes, sounds, smells, video clips, holograms, and even gestures. However, this expansion of the scope of trademark protection has been accompanied only by a partial expansion of the grounds for refusal relating to these registrations and the creation of defenses that permit unauthorized use in the interest of freedom of competition and freedom of expression. Hence, the expansion of trademark protection to non-traditional marks can have serious effects on market competition as these signs often protect products, or parts of products, per se. Likewise, the protection of these signs can prevent other socially valuable uses in related or unrelated non-commercial contexts. In this Introduction, the editors of this Book explain the risks posed by the protection of non-traditional trademarks, the causes for these risks, and the development of this type of protection, and lay groundwork for the more detailed discussion of the topic in the contributions to the Book.

2021 ◽  
Author(s):  
Kathrin Diconne ◽  
Aspa Paltoglou ◽  
Georgios Kountouriotis ◽  
Andrew Parker ◽  
Tom Hostler

Emotional stimuli such as images, words, music, speech, or video-clips are often used in studies researching emotion. Over the past decades, new sets have continuously been published and presented to the research community. The immense number of available sets can complicate the task when researchers are looking for suitable stimuli for their study.This paper presents the comprehensive work of the creation of a database currently including 364 stimuli sets published between 1963 and 2020. All included sets are freely available or available upon request. Over 45 aspects, including over 25 key set characteristics such as sort, number and resolution of included stimuli; rating scales; included emotions; age, gender and number of raters; or, age, gender and number of models, have been extracted and listed for each stimuli set. A searchable online version of the database allows users to select specific set characteristics and to find matching stimuli sets accordingly. The KAPODI searchable database facilitates finding of and comparison between individual sets, and therefore provides a useful resource for researchers aiming to access emotional stimuli sets.


2012 ◽  
Vol 53 (4) ◽  
pp. 877-907
Author(s):  
Teresa Scassa

Trademarks play an important role in facilitating critical speech in an increasingly corporate capitalist society. Not only do they serve as markers for expressive content on the Internet, they can also be used as vehicles for the communication of critical messages about the trademark owner or its products or services. In this paper, the author examines the implicit balance in the Trade-marks Act between freedom of expression values and trademark rights, and argues that it is being significantly altered by the contemporary push for greater trademark protection. The author identifies specific problems that emerge from Canadian case law relating to freedom of expression and trademark law. These include the treatment by courts of intellectual property rights as private property rights, inattention to the trademark/copyright overlap, the troublesome distinction between commercial and non-commercial uses, and the phenomenon of trademark bullying. The author argues for a sharp evolution in Canadian case law that would establish clear parameters for critical speech using trademarks.


Author(s):  
Umriniso Rahmatovna Turaeva

The history of the Turkestan Jadid movement and the study of Jadid literature show that it has not been easy to study this subject. The socio-political environment of the time led to the blind reduction of the history of continuous development of Uzbek literature, artificial reduction of the literary heritage of the past on the basis of dogmatic thinking, neglect of the study of works of art and literary figures. As a result, the creation of literary figures of a certain period, no matter how important, remained unexplored.


2020 ◽  
Vol 15 ◽  
Author(s):  
Geeta Aggarwal ◽  
Manju Nagpal ◽  
Ameya Sharma ◽  
Vivek Puri ◽  
Gitika Arora Dhingra

Background: Biopharmaceuticals such as Biologic medicinal products have been in clinical use over the past three decades and have benefited towards the therapy of degenerative and critical metabolic diseases. It is forecasted that market of biologics will be going to increase at a rate of 20% per year, and by 2025, more than ˃ 50% of new drug approvals may be biological products. The increasing utilization of the biologics necessitates for cost control, especially for innovators products that have enjoyed a lengthy period of exclusive use. As the first wave of biopharmaceuticals is expired or set to expire, it has led to various opportunities for the expansion of bio-similars i.e. copied versions of original biologics with same biologic activity. Development of biosimilars is expected to promote market competition, meet worldwide demand, sustain the healthcare systems and maintain the incentives for innovation. Methods: Appraisal of published articles from peer reviewed journals, PubMed literature, latest news and guidelines from European Medicine Agency, US Food Drug Administration (FDA) and India are used to identify data for review. Results: Main insight into the quality requirements concerning biologics, current status of regulation of biosimilars and upcoming challenges lying ahead for the upgrading of marketing authorization of bio-similars has been incorporated. Compiled literature on therapeutic status, regulatory guidelines and the emerging trends and opportunities of biosimilars has been thoroughly stated. Conclusion: Updates on biosimilars will support to investigate the possible impact of bio-similars on healthcare market.


Author(s):  
Adrian Kuenzler

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...


Author(s):  
Farhad Khosrokhavar

The creation of the Islamic State in Iraq and Sham (ISIS) changed the nature of jihadism worldwide. For a few years (2014–2017) it exemplified the destructive capacity of jihadism and created a new utopia aimed at restoring the past greatness and glory of the former caliphate. It also attracted tens of thousands of young wannabe combatants of faith (mujahids, those who make jihad) toward Syria and Iraq from more than 100 countries. Its utopia was dual: not only re-creating the caliphate that would spread Islam all over the world but also creating a cohesive, imagined community (the neo-umma) that would restore patriarchal family and put an end to the crisis of modern society through an inflexible interpretation of shari‘a (Islamic laws and commandments). To achieve these goals, ISIS diversified its approach. It focused, in the West, on the rancor of the Muslim migrants’ sons and daughters, on exoticism, and on an imaginary dream world and, in the Middle East, on tribes and the Sunni/Shi‘a divide, particularly in the Iraqi and Syrian societies.


2021 ◽  
Vol 7 (2) ◽  
pp. 314-337
Author(s):  
Amit Ranjan

Language is an inherent part of an individual’s identity. Any attempt to subjugate that identity is vehemently resisted by the people. In India, Hindi is not only seen as a language per se but also linked with North Indian Hindus. In the past, the introduction and imposition of Hindi in non-Hindi-speaking states, mainly Tamil Nadu, had faced strong opposition. Since the National Democratic Alliance (NDA) led by the Hindu Nationalist Party—Bhartiya Janata Party (BJP)—elected to power in May 2014, the union government has taken measures to what it calls promoting the use of the Hindi language in India. These measures have been strongly resisted in the non-Hindi-speaking states of the country. This article looks at the debates between Hindi and non-Hindi speakers since the years of the anti-colonial movement in India. It examines the character of the movement to promote Hindi and the resistance against the Hindi movements in India. This article also discusses the demands for language-based states in India. In this paper, the author argues that in the non-Hindi-speaking states, Hindi is mainly looked at as a means to subsume and suppress the native’s identity. To protect their linguistic identity, which is inextricably intertwined with other identities, people in non-Hindi-speaking areas have protested in past and also resist such attempts in present.


2021 ◽  
pp. 105971232199468
Author(s):  
Jeannette Pols

The response asks about the relationship between artist and audience in the RAAAF artworks. Is the artist an Autonomous Innovator who breaches the ties with the past and the environment? Or is the aesthetic practice located in the creation of relationships around these objects, hence expanding the artwork by using know-how, experiences and enthusiasm of the audience/users?


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