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 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 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.

Contributions to the History of Psychology: XXXII. On Living with a Specter: The Story of Anomalistic Psychology

1982 ◽  
Vol 55 (3) ◽  
pp. 683-694
Author(s):  
Leonard Zusne
Keyword(s):  
Human Behavior ◽  
Subject Matter ◽  
Psychical Research ◽  
Basic Principles ◽  
Academic Psychology ◽  
History Of ◽  
The Subject ◽  
The Difference ◽  
To Come ◽  
The Relationship

The subject matter of anomalistic psychology is human behavior and experiences for which paranormal or occult causation is claimed and which appear to violate some of the basic principles on which nature is known to operate. The ambivalence and skepticism of American psychologists concerning paranormal and occult matters are examined historically, as is the relationship between academic psychology, psychical research and parapsychology, and anomalistic psychology. The difference between parapsychology and anomalistic psychology in terms of two contrasting orientations is stressed. The reasons for the persistence of beliefs in ESP and related phenomena are examined, and the need for psychology to come to grips with them is stated.

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.

The relationship of the scleractinian corals to the rugose corals

Paleobiology ◽  
1980 ◽  
Vol 6 (02) ◽  
pp. 146-160 ◽  
Author(s):  
William A. Oliver
Keyword(s):  
Critical Points ◽  
Scleractinian Corals ◽  
Convincing Evidence ◽  
Early Triassic ◽  
Rugose Corals ◽  
History Of ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship ◽  
Biologic Factors

The Mesozoic-Cenozoic coral Order Scleractinia has been suggested to have originated or evolved (1) by direct descent from the Paleozoic Order Rugosa or (2) by the development of a skeleton in members of one of the anemone groups that probably have existed throughout Phanerozoic time. In spite of much work on the subject, advocates of the direct descent hypothesis have failed to find convincing evidence of this relationship. Critical points are:(1) Rugosan septal insertion is serial; Scleractinian insertion is cyclic; no intermediate stages have been demonstrated. Apparent intermediates are Scleractinia having bilateral cyclic insertion or teratological Rugosa.(2) There is convincing evidence that the skeletons of many Rugosa were calcitic and none are known to be or to have been aragonitic. In contrast, the skeletons of all living Scleractinia are aragonitic and there is evidence that fossil Scleractinia were aragonitic also. The mineralogic difference is almost certainly due to intrinsic biologic factors.(3) No early Triassic corals of either group are known. This fact is not compelling (by itself) but is important in connection with points 1 and 2, because, given direct descent, both changes took place during this only stage in the history of the two groups in which there are no known corals.

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.

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