Intellectual Property Law and Geography

2021 ◽  
pp. 247-259
Author(s):  
Marketa Trimble
Keyword(s):  
Intellectual Property ◽  
Strict Sense ◽  
Property Law ◽  
Social Phenomena ◽  
Intellectual Property Law ◽  
History Of ◽  
History Of Law ◽  
Ip Law

Geography contributes knowledge and novel perspectives to other fields, including law in general and intellectual property (IP) law in particular. This chapter explores ‘law and geography’ as a research prism through which scholars examine the interactions of findings in law and geography to study the confluence of geographical, legal, and myriad other social phenomena. The chapter reviews the history of ‘law and geography’ and delineates its contours while highlighting the differences between ‘geography in law’ and ‘law in geography’. It identifies examples of the research prism in IP law research and concludes that, regrettably, research in ‘law and geography’ in the strict sense remains rare, including in ‘IP law and geography’.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals Critical Race Theory as Intellectual Property Methodology

2021 ◽  
pp. 777-790
Author(s):  
Anjali Vats ◽  
Deidré A. Keller
Keyword(s):  
Intellectual Property ◽  
Critical Race Theory ◽  
Property Law ◽  
Critical Race ◽  
Race And Racism ◽  
Race Theory ◽  
Intellectual Property Law ◽  
Guiding Principles ◽  
Ip Law

This chapter considers how the guiding principles of Critical Race Theory (CRT) can inform the study of race in the context of intellectual property (IP) law. The first part of the chapter traces the origins and tenets of CRT. It then explores the interdisciplinary movement’s core methods, which are aimed at centring race and racism as objects of study. The second part of the chapter turns to the origins, tenets, and methods of Critical Race Intellectual Property, which we define as an interdisciplinary movement of scholars connected by their focus on the racial and colonial non-neutrality of intellectual property law using principles informed by CRT. The chapter concludes with an examination of two books about India and intellectual property law through which researchers can understand how existing scholarship can more deeply engage with questions of race.

Threshold concept in intellectual property law

2016 ◽  
Vol 58 (4) ◽  
pp. 391-402 ◽  
Author(s):  
Monirul Azam
Keyword(s):  
Intellectual Property ◽  
Curriculum Design ◽  
Deep Understanding ◽  
Property Law ◽  
Unique Contribution ◽  
Threshold Concepts ◽  
Content Type ◽  
Intellectual Property Law ◽  
Threshold Concept ◽  
Ip Law

Purpose This paper aims to identify the threshold concept in intellectual property (IP) law. Design/methodology/approach It used doctrinal methods for such identification based on the existing pedagogical scholarship in the field of effective teaching and learning. Findings It explained how the use of the threshold concept in IP law education could facilitate understanding of IP law from globalised perspectives and validate use of IP in a balanced way. Research limitations/implications It is yet to be tested for practical curriculum design in different jurisdictions. Practical implications The understanding of threshold concepts in IP law could generate “eureka” moments, when, after a long struggle, students come to a deep understanding of a new concept. Social implications This will facilitate social acceptance of IP for balancing global obligation and national developmental and social goals. Originality/value Till date, little work has been undertaken on the threshold concepts on IP law. Therefore, this study tried to make a unique contribution by identifying threshold concepts in intellectual property law.

The Ethics of Piracy

2016 ◽  
Keyword(s):  
Intellectual Property ◽  
International Development ◽  
Property Law ◽  
Intellectual Property Law ◽  
Political Processes ◽  
Ethical Debate ◽  
Norms And Values ◽  
History Of ◽  
Normative Models ◽  
Property Regime

Chapter 2 broadens out from the history of a local industry to the legal and political processes through which the globalization of intellectual property law has taken place, especially the consolidation of the intellectual property regime via the TRIPS Agreement administered by the World Trade Organization. The chapter then gets down to the everyday work routines of Maya apparel workshop owners and employees making knock-off fashion. Copying, borrowing, and appropriation are part and parcel of the elaboration of style in the highland trade. These practices are also the subject of ongoing ethical debate in Tecpán. The chapter argues that copying is evaluated by workshop owners in light of norms and values that differ significantly from those promoted in intellectual property law. The normative models, which revolve around ideas about envy, individualism, and fair and unfair competition, and market strategies evident among Maya businessmen parochialize official portraits of business ethics and innovation built into the intellectual property regime and challenge assumptions about progress, improvement, and ordering on which the international development industry is also based.

1. Intellectual property law: an introduction

2019 ◽  
pp. 2-28
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Law ◽  
Field Of Study ◽  
Intellectual Property Law ◽  
Global Context ◽  
Realistic View ◽  
The Law ◽  
Ip Law ◽  
Different Levels

This chapter provides an accessible introduction to intellectual property (IP) law. It provides and challenges some definitions of intellectual property law and IP itself. It discusses the development of IP law as a field of study in an increasingly global context and presents a realistic view of the law as it actually operates; the relationships between different levels of IP law—at national, European, European Union, and international levels; the various influences on the formation, justifications for, and development of IP law including between IP law and other legal fields; and the tensions that arise from different perspectives when the law seeks to protect IP.

Virtual Property in Virtual Worlds

2010 ◽  
pp. 89-108
Author(s):  
Angela Adrian
Keyword(s):  
Intellectual Property ◽  
Virtual Worlds ◽  
Digital Technology ◽  
Property Law ◽  
Physical Plane ◽  
Intellectual Property Law ◽  
Collective Property ◽  
Virtual Property ◽  
The World ◽  
History Of

Digital technology is detaching information from the physical plane, where property law of all sorts has always found definition. Throughout the history of intellectual property law, the proprietary assertions of thinkers and inventors have been focused not on their ideas, but on the expression of those ideas. The ideas themselves, as well as facts about the phenomena of the world, were considered to be the collective property of humanity. One could claim franchise, in the case of copyright, on the precise turn of phrase used to convey a particular idea or the order in which facts were presented. Law protected expression. To express was to make physical. One did not get paid for the idea but for the ability to deliver it into reality. The value was in the conveyance and not the thought conveyed. In other words, the bottle was protected, not the wine. (Barlow, 2004)

Intellectual Property Law:

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Intellectual Property ◽  
New Technologies ◽  
Policy Implications ◽  
The Internet ◽  
Property Law ◽  
Postgraduate Students ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Ip Law ◽  
The Impact

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Intellectual Property Law: Text, Cases, and Materials provides a complete resource for undergraduate and postgraduate students of intellectual property (IP) law. The first text of its kind in the field, it combines extracts from major cases and secondary materials with critical commentary from experienced teachers in the field. The book deals with all areas of IP law in the UK: copyright, trade marks and passing off, personality and publicity rights, character merchandising, confidential information and privacy, industrial designs, patent, procedure, and enforcement. It also tackles topical areas, such as the application of IP law to new technologies and the impact of the internet on trade marks and copyright. All chapters now include relevant legal developments relating to the internet and digital technologies. While the focus of the book is on IP law in a domestic context, it provides international, EU, and comparative law perspectives on major issues, and also addresses the wider policy implications of legislative and judicial developments in the area. The book is an ideal resource for all students of IP law who need cases, materials, and commentary in a single volume.

European Intellectual Property Law

2019 ◽  
Author(s):  
Justine Pila ◽  
Paul Torremans
Keyword(s):  
Decision Making ◽  
Intellectual Property ◽  
European Patent ◽  
Property Law ◽  
Private International Law ◽  
European Law ◽  
Full Account ◽  
Intellectual Property Law ◽  
Ip Law ◽  
The Impact

European Intellectual Property Law offers a full account of the nature, context, and effect of European IP law. The amount and reach of European law- and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European IP regimes as mere adjuncts to domestic and international regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main European IP systems, including the areas of substantive IP law on which they are based. The result is a full account of the European intellectual property field, presented in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. By drawing selectively on examples from domestic IP regimes, the text also illustrates substantive differences between those regimes and demonstrates the impact of European law and decision-making on EU Member States. The result is a modern treatment of European IP law that goes beyond a discussion of the provisions of individual legal instruments to consider their wider context and effect.

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