The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

The Design

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Essential Properties ◽  
Design Law ◽  
History Of ◽  
The Subject ◽  
The Relationship ◽  
Property Regimes

This chapter defines the terms used to denote the subject matter protectable by European and UK registered and unregistered design right with reference to legal officials’ understanding of each type of subject matter. Starting from a recognition of the intersection of the design right and other intellectual property regimes, the chapter considers several aspects of design law before concluding that designs are authorial works within the meaning of European or traditional UK copyright authorities, albeit with a different history of production than that traditionally required of such works by UK legal officials. The chapter concludes with a summary of the categories and essential properties of registered and unregistered designs, an account of legal officials’ methods for individuating them, and a discussion of the relationship between legal officials’ methods of establishing the existence of individual registered and unregistered designs and their tokens respectively.

The Invention and Plant Variety

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Individual Subject ◽  
Plant Variety ◽  
Essential Properties ◽  
The Subject ◽  
The Law ◽  
The Relationship

This chapter seeks to define the terms ‘invention’ and ‘plant variety’ as used by European and UK legal officials particularly. To that end, the nature of the objects identified by the legislature and courts as inventions and plant varieties is considered, as well as the nature of the objects excluded from protection, whether with reference to the requirement for an invention or plant variety or on other statutory grounds. The chapter also considers the law governing patent and plant variety right entitlement, and its implications for legal conceptions of the invention and plant variety. In its conclusion, the legal understandings of inventions and plant varieties are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing the existence of each individual subject matter and its tokens.

A Framework for Thinking about Intellectual Property Subject Matter

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Essential Properties ◽  
The Subject ◽  
Ip Law ◽  
Normative Value

This chapter proposes a framework for thinking about the subject matter protectable by intellectual property (IP) and related questions of analytic assistance. The proposed framework is built around certain devices of philosophy, including the artifact, types and tokens, the category, and the property. In combination, these devices support a paradigmatic or focal conception of the subject matter protectable by European and UK IP law. According to that conception, IP subject matter are artifact types distinguished by their properties and categorized accordingly. The analytic and normative value of this conception is discussed, and certain distinctions of importance for IP subject matter outlined, complementing those identified in Chapter 2. The questions of analytic assistance derived from the framework concern the essential properties of IP subject matter, the method of their individuation, their relationship with their concrete instances or tokens, and the manner by which their and their tokens’ existence is known.

scholarly journals A escravidão nos romances do Segundo Reinado

2018 ◽  
Vol 27 (2) ◽  
pp. 105-130
Author(s):  
André Dutra Boucinhas
Keyword(s):  
Final Stage ◽  
De Novo ◽  
Main Topic ◽  
Second Empire ◽  
Brazilian Literature ◽  
Second Stage ◽  
The Subject ◽  
Three Stages ◽  
Brazilian History

Resumo: Este artigo propõe uma periodização da representação da escravidão nos romances brasileiros do Segundo Reinado em três etapas: entre 1840 e 1859, ela é naturalizada e não possui qualquer destaque nos enredos; de 1860 a 1879, o tema passa para o centro das atenções, gerando polarização entre textos marcadamente abolicionistas e outros que buscam defender a instituição, reforçando sua função na sociedade; e, por fim, entre 1880 e 1889, a escravidão sai de novo do foco e desaparece de uma parte dos romances, ao mesmo tempo em que criticá-la torna-se quase lugar comum, confirmando o declínio da instituição na última década do Império.Palavras-chave: literatura brasileira; romance; escravidão; História do Brasil; Segundo Reinado.Abstract: This article proposes a periodization of the representation of slavery in Brazilian novels published during the Second Empire in three stages. In the first stage, from 1840 to 1859, slavery is naturalized not having any prominence in the central plot. In the second stage, from 1860 to 1879, the subject becomes the main topic, generating polarization between markedly abolitionist texts and those defending slavery by reinforcing its role in society, As a final stage, between 1880 and 1889, it is possible to observe that slavery once again becomes secondary, even disappearing from part of the novels. It is simultaneous to a general critique to the institution, what confirms its decline in the last decade of the Empire.Keywords: Brazilian literature; novel; slavery; Brazilian history; Second Empire.

Justine Pila, The Subject Matter of Intellectual Property

2019 ◽  
Vol 23 (1) ◽  
pp. 142-144
Author(s):  
Patrick Masiyakurima
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
The Subject

Introduction

2018 ◽  
Author(s):  
Gerhard Preyer
Keyword(s):  
Subject Matter ◽  
Diverse Range ◽  
The World ◽  
The Subject ◽  
The Relationship

The study of meaning in language embraces a diverse range of problems and methods. Philosophers think through the relationship between language and the world; linguists document speakers’ knowledge of meaning; psychologists investigate the mechanisms of understanding and production. Up through the early 2000s, these investigations were generally compartmentalized: indeed, researchers often regarded both the subject matter and the methods of other disciplines with skepticism. Since then, however, there has been a sea change in the field, enabling researchers increasingly to synthesize the perspectives of philosophy, linguistics, and psychology and to energize all the fields with rich new intellectual perspectives that facilitate meaningful interchange. One illustration of the trend is the publication of Lepore and Stone’s ...

Definitions and Intellectual Property Subject Matter

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Legal Definition ◽  
Policy Context ◽  
The Subject ◽  
Scholarly Attention

This chapter considers the relative absence of scholarly attention to the meaning of the terms used to denote the subject matter that IP rights protect and the nature of those subject matter themselves. It then outlines the aims and methods of the definitional task undertaken in later chapters, and the stages in which that task proceeds. Using the distinction drawn by Richard Robinson, it proposes a nominal word:thing definitional exercise, rather than a word:word exercise, that considers recent use of the terms to be defined by European and UK legal officials. Drawing on the stipulative nature of authoritative legal definition, it also proposes an explicative aspect to the definitional exercise, focused on clarifying legal officials’ understandings of the relevant terms in the light of the relevant legal and policy context. And finally, it summarizes the conclusions reached at each stage of the definitional exercise undertaken in later chapters.

Theory of Interdiffusion in Solids

2006 ◽  
Vol 258-260 ◽  
pp. 52-58
Author(s):  
Y.C. Chen
Keyword(s):  
Subject Matter ◽  
Phase Growth ◽  
Atomic Flux ◽  
The Subject ◽  
Induced Stresses ◽  
Volume Unit ◽  
The Relationship

Traditional theories of interdiffusion in solids based on Fick’s first and second laws and Darken’s equations can not describe the relationship between the diffusion fluxes and the diffusion-induced stresses, because the subject matter of the traditional theories is the diffusing atom or atomic flux, not the volume unit within the interdiffusion field. For this reason, it is suggested that the concept of flow point in the interdiffusion field should be constructed to describe the diffusion-induced stresses and the phase growth.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

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