The Relevance of Criminal Law in Intellectual Property Law Research

2021 ◽  
pp. 198-220
Author(s):  
Ajay K Sharma ◽  
Dipa Dube
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
The United States ◽  
Public Interests ◽  
The Public ◽  
The United Kingdom ◽  
Private Rights ◽  
Future Work ◽  
Ip Law ◽  
Economic Crimes

Intellectual property (IP) law protects the private rights of owners, while criminal law secures the public interests, for harm to the society. In the present technology-driven society, magnitude of IP violations, particularly, in the form of counterfeiting, etc. affect the interests of the general public, calling for the application of criminal law to ensure stringent IP protection. The intersection of IP and criminal law remains controversial, yet significant, as it is in the interest of those in the field to examine the provisions beyond the scope of private right regime, as a public policy that can have a direct impact on public interests. This chapter analyses the intersection of criminal law and IP through a blend of exploratory and analytical methods. First, the authors situate the criminal law discussion in the domain of IP rights and examine how far the elements of crime may be identified in IP violations. Second, the concept of economic crimes as distinct from conventional crimes is discussed. In this regard, the laws of India, the United Kingdom (UK), and the United States (US) are examined, along with the most recent international developments, to show the trend towards criminal enforcement as the best possible protection for legitimate businesses and consumers. The chapter leaves much scope for future work whereby a balanced response to counter IP violations may be designed to benefit innovation and development.

Palm Fronds in the Public Square

2020 ◽  
pp. 1-28
Author(s):  
Méadhbh McIvor
Keyword(s):  
Civil Liberty ◽  
The United States ◽  
Human Right ◽  
The Public ◽  
Public Square ◽  
The United Kingdom ◽  
Protestant Christianity ◽  
National Life ◽  
Political Dispute ◽  
Palm Fronds

This introductory chapter provides an overview of Christian legal activism. In a rapidly changing religious landscape, Protestant Christianity — although it remains both legally and culturally established — has become relativised. This relativisation is, in many ways, the product of centuries' worth of political dispute and interreligious negotiation, as the legal privileges associated with established religion have been diluted. Yet it has taken on a particular salience in recent years, one which can be dated to a seismic shift in England's regulation of religion: English law's transition from viewing 'religious freedom' as a negative civil liberty to ensuring it as a positive human right. While many English Christians have responded to these changes with resignation, some have embraced modes of legal and political engagement born of very different church–state paradigms, including a litigiousness more often associated with the United States. Armed with law degrees, evangelical conviction, and 'a passion to see the United Kingdom return to the Christian faith', these activists lobby and litigate to contest what they see as Christianity's ousting from the public square. This book argues that a willingness to take on legal challenges to protect Christian values risks those same values' marginalisation, as moralities previously woven into the fabric of national life are filtered out from their quotidian context and rebranded as 'religion' or 'religiously motivated'.

“Visible” and “Invisible” Victims in the Criminal Justice System

2021 ◽  
pp. 1-23
Author(s):  
Armando Saponaro
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Public Prosecutor ◽  
Law System ◽  
The Public ◽  
The United Kingdom ◽  
Victim Impact Statement

This chapter outlines the “conflict” and “peace-keeping” victim-oriented justice paradigms. The latter empowers the victims of crime, putting them at the center of an encounter and using interindividual mediation or collective circles to address conflict resolution. Two models are critically discussed in the conflict victim-oriented justice paradigm. The European continental “visible victim” model structures the role of the victim as a full-fledged processual party together with the public prosecutor and offender. In this model, the victim has the same rights and powers of the defendant. The “invisible victim” common law model views the victim as a trial witness, participating, for example, through a victim impact statement (in the United States) or victim personal statement (in the United Kingdom) at the sentencing stage. The visible victim conflict paradigm model enhances a victim's role and involvement in the criminal justice system, offering a solution to existing controversial and critical common law system issues.

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Crime Coverage
Keyword(s):  
United States ◽  
The Netherlands ◽  
The United States ◽  
Right To Know ◽  
Cultural Attitudes ◽  
The Public ◽  
The United Kingdom ◽  
Media Practices ◽  
Selection Of ◽  
Public Right

This chapter sets up the thesis of the book: Crime coverage practices serve as a lens to consider underlying cultural attitudes to concepts like privacy, public, public right to know, and justice. Differing decisions, for example, about whether to name suspects, suggest varying beliefs about the value of privacy and the public right to know. The chapter outlines the methodology and situates the work in relation to Daniel Hallin and Paulo Mancini, whose book Comparing Media Practices influenced the selection of countries, as well as the initial premises. We name the ten countries that comprise the basis of our comparison, and briefly introduce our three media models: the Protectors (Germany, the Netherlands, Sweden), the Watchdogs (the United Kingdom, Ireland, Canada, and the United States), and the Ambivalents (Spain, Italy, and Portugal). The chapter concludes with a brief overview of individual book chapters.

scholarly journals The 1949 sterling crisis and British policy towards European integration

1985 ◽  
Vol 11 (3) ◽  
pp. 169-182 ◽  
Author(s):  
Scott Newton
Keyword(s):  
Western Europe ◽  
The United States ◽  
Marshall Plan ◽  
Public Records ◽  
The Public ◽  
The United Kingdom ◽  
Anglo American ◽  
Post War ◽  
The Impact

Most commentators on the 1949 sterling crisis have viewed it as an episode with implications merely for the management of the British economy. This paper, based on the public records now available, discusses the impact of the crisis on British economic foreign policy. In particular it suggests that the crisis revealed deep Anglo-American differences, centring on the nature of the Marshall Plan, on the international value of the sterling area, and on the proper relationship between the United Kingdom and Western Europe, Ultimately the British succeeded in resolving these disagreements: but this triumph ironically implied both the defeat of British aims in post-war European reconstruction and a long term delusion that great power status could be maintained on the basis of a special relationship-with the United States.

scholarly journals The American Democratic Deficit in Assisted Reproductive Technology Innovation

2019 ◽  
Vol 45 (2-3) ◽  
pp. 130-170
Author(s):  
Myrisha S. Lewis
Keyword(s):  
United States ◽  
Assisted Reproductive Technology ◽  
Public Discourse ◽  
Technology Innovation ◽  
The United States ◽  
Reproductive Technology ◽  
Public Consultation ◽  
Democratic Deficit ◽  
The Public ◽  
The United Kingdom

In many areas of innovation, the United States is a leader, but this characterization does not apply to the United States' position in assisted reproductive technology innovation and clinical use. This article uses a political science concept, the idea of the “democratic deficit” to examine the lack of American public discourse on innovations in ART. In doing so, the article focuses on America's missing public consultation in health care innovation. This missing discourse is significant, as political and ethical considerations may impact regulatory decisions. Thus, to the extent that these considerations are influencing the decisions of federal agency employees, namely those who work within the U.S. Food and Drug Administration, the public is unable to participate in the decision-making process. This lack of a public discourse undermines the goals of the administrative state, which include democratic participation, transparency, and accountability.The United Kingdom, on the other hand, has had a markedly divergent experience with assisted reproductive technology innovation. Instead of ignoring the various ethical, social, and legal issues surrounding assisted reproductive technology innovation, the United Kingdom engaged in a five-strand public consultation on the topic of mitochondrial transfer, a form of assisted reproductive technology that uses genetic modification in order to prevent disease transmission. This article argues that after a multi-decade standstill in terms of the public discourse related to ethical issues associated with assisted reproductive technology and germline modification, it is time for the United States to institute a more democratic inquiry into the scientific, ethical, and social implications of new forms of assisted reproductive technology and ultimately, forthcoming medical innovations that involve genetic modification.

The Timeliness of New Drug Approvals in Canada

1995 ◽  
Vol 25 (1) ◽  
pp. 153-165 ◽  
Author(s):  
Nigel S. B. Rawson
Keyword(s):  
Recent Article ◽  
Drug Approval ◽  
The United States ◽  
Regulatory Approval ◽  
New Drugs ◽  
Marketing Approval ◽  
The Public ◽  
The United Kingdom ◽  
Anti Cancer ◽  
High Level

In a recent article, Lexchin asks “who needs faster drug approval times in Canada?” and, on the basis of extremely limited and selective data, draws the conclusion that neither the public nor the pharmaceutical industry does. Whether the Canadian system is really slower is investigated by comparing Canadian and U.S. marketing approval dates and by using information on regulatory approval times from the two countries and elsewhere. Marketing approval dates in Canada are significantly later than those in the United States, although not consistently across all therapeutic categories; anti-cancer and gastrointestinal drugs have earlier approval dates in Canada. However, Canadian and U.S. regulatory approval times are not significantly different, indicating that marketing applications are submitted later in Canada, but both are considerably longer than those in the United Kingdom. The evidence shows that Canadians need faster drug approval times if individuals requiring the medications are not to suffer unnecessarily. A significant decrease in drug approval times and the establishment of comprehensive and effective postmarketing surveillance would reduce the time it takes for new drugs to be made available to Canadians while, at the same time, providing a high level of drug safety.

scholarly journals NBOMe Compounds: Systematic Review and Data Crunching of the Surface Web

2017 ◽  
Vol 9 (11) ◽  
pp. 126 ◽  
Author(s):  
Ahmed Al-Imam ◽  
Ban A. AbdulMajeed
Keyword(s):  
Public Interest ◽  
Grey Literature ◽  
Warning System ◽  
The United States ◽  
Statistical Information ◽  
The Public ◽  
The Past ◽  
The United Kingdom ◽  
Surface Web ◽  
India And China

BACKGROUND: NBOMe compounds, some of which commercially known as “N-Bomb” or “Smiles” signifying their potency, represent a uniquely potent group of phenethylamine derivatives. These have been recently used in the past decade for their powerful hallucinogenic properties to induce a “psychedelic trip”.METHODS: This study is an analytics of the surface web incorporating data from; the published literature, grey literature, drug fora, and trends’ databases. The study aims to review the pharmacodynamic effects of three most popular N-Bombs (25b, 25c, and 25i), analyse reported cases of intoxications and fatalities, and correlate these incidents with data retrieved from Google Trends.RESULTS: The potency and popularity of NBOMe compounds are tallied worldwide, 25b-NBOMe (least potent and least popular), 25i-NBOMe (most potent and most popular), while the 25c-NBOMe is in the middle. The popularity of each has been on the rise since 2011-2012, these compounds are most popular in the United States and the United Kingdom, while data from the developing world and the densely-populated India and China are either lacking or inadequate. The reported cases of intoxications and deaths were statistically proven to be correlated with the trends’ dataCONCLUSION: Inferential statistical information has associated cases of NBOMe(s)’ morbidities-mortalities with the public interest of surface web users in these hallucinogens. This study can serve a blueprint for an early warning system to be activated based on changes in trends’ data.

scholarly journals Standards on transparency of publicly listed corporations: Information owed to the public?

2014 ◽  
Vol 11 (3) ◽  
pp. 184-192 ◽  
Author(s):  
Dimitrij Euler
Keyword(s):  
United States ◽  
Corporate Governance ◽  
United Kingdom ◽  
The United States ◽  
Financial Information ◽  
Minimum Standard ◽  
Applicable Law ◽  
The Public ◽  
The United Kingdom ◽  
Listed Corporation

The paper is about domestic laws’ response to the greater need of publicly listed corporation to be accountable to the public in accordance with international law. The paper is dedicated to the transparency of multinational corporations listed and incorporated in Germany, the United Kingdom, the United States and Switzerland. Under these applicable laws, transparency of publicly listed corporations has significantly changed in the last decade. Some countries oblige corporations to disclose non-financial and financial information immediately; others merely require periodic reporting of financial information. In particular, the connection between Impact Investor, an investor that invests based on social or environmental criteria in addition to the financial performance, and the investment target, publicly listed corporations contributed to some change. The applicable law provides a minimum standard of transparency. This minimum standard defines how the reasonable investor invests in the publicly listed corporation. Depending on this standard, the responsibility owed by the publicly listed corporation extends from the shareholder, several stakeholders to the public. Reasons for these differences lie in the greater accountability of publicly listed corporations from shareholders, to stakeholders or even the public. The OECD’s different standard on Corporate Governance, the Ruggie principles and other recommendations of non-governmental organisations (NGO) keep shaping the accountability under the applicable law. These standards provide guidance to corporations to voluntarily implement greater responsibilities beyond the minimum standard in the form of Corporate Governance. However, once publicly listed corporations implement these standards, the applicable law seem to not adequately impose duties on publicly listed corporations to disclose the information under its self-imposed standard to stakeholders or even the public. The paper researches the problem of transparency of publicly listed corporations in European Union, in particular Germany and the United Kingdom, as well as the United States and Switzerland wither regard to impact investors. Its hypotheses is that the applicable law lacks clear wording that transfers voluntary standards into binding law. The paper will not focus on obligations of corporation established under contracts with groups of shareholders. It will also not focus on stock market programmes to audit corporations based on environmental and social criteria. The paper excludes inter partes obligations because they give the contracting party merely a right to rely on the disclosure. The paper will also not look at methods for evaluation of non-financial information with regard to publicly listed corporations.

scholarly journals The Cause of Auditing Expectation Gap

2020 ◽  
Vol 4 (2) ◽  
pp. 51
Author(s):  
Gao Mengyan
Keyword(s):  
United States ◽  
United Kingdom ◽  
Critical Evaluation ◽  
The United States ◽  
Previous Literature ◽  
Performance Gap ◽  
The Public ◽  
The United Kingdom ◽  
Expectation Gap

Previous literature show that auditors and the public have different understandings and beliefs about the auditor’s responsibilities. The public’s expectation of statutory audit may exceed the responsibility required by the auditing standard, which leads to the audit expectation gap. Since the 1980s, there are more and more criticisms on statutory auditors especially after the appearance of some auditing fraud such as Enron case in the United States and Maxwell’s case in the United Kingdom. The misunderstanding from the public makes the auditor face more and more challenges. The purpose of this paper is to discuss the components of the gap, and discuss the main reasons based on the existing literature and cases. This paper makes a critical evaluation of the audit expectation gap from three parts: performance gap, standard gap, and reasonableness gap, respectively.

Sign in / Sign up

Export Citation Format

Share Document