The Emergence and Development of Intellectual Property Law in Western Europe

2017 ◽  
Author(s):  
Catherine Seville
Keyword(s):  
Intellectual Property ◽  
Middle Ages ◽  
Western Europe ◽  
Cultural Development ◽  
Property Law ◽  
European Perspective ◽  
The World ◽  
Ip Law ◽  
Unitary Patent ◽  
The Eu

This chapter surveys the emergence and development of Intellectual Property (IP) law in Continental Europe and Britain. The story begins largely in the middle ages with the grant of territorially-confined inventors’ and printers’ privileges, and traces the development of these privileges into the four main species of IP rights recognized throughout the world today. A key theme is the varied national histories that underpin the development of each IP right even within the geographical confines and relative social and political homogeneity of Western Europe, and the extent of modern IP law’s embeddedness in the industrial and cultural development of individual states. The chapter ends with an account of the emergence of a European perspective on IP, as expressed in the nineteenth-century Paris and Berne Conventions, and its development by general and IP-specific European communities, including the EU, which has established unitary patent, trademark, and design rights for its Member States.

scholarly journals The scope of criminal liability for misappropriation of authorship in EU countries: comparative analysis

2020 ◽  
pp. 192-217
Author(s):  
Ramunė Steponavičiūtė
Keyword(s):  
Intellectual Property ◽  
Criminal Liability ◽  
Legal Protection ◽  
Modern Society ◽  
Cultural Development ◽  
The European Union ◽  
Ways Of Coping ◽  
Eu Countries ◽  
The World ◽  
The Eu

Intellectual property legal protection is undoubtedly one of the most important factors and conditions of effective economic, social and cultural development in modern society. According to researchers, absolute majority of countries in the world have set criminal liability for certain crimes against intellectual property rights, including all of the European Union (hereinafter – EU) countries. One of those crimes is misappropriation of authorship. Yet the criminal laws of EU countries criminalise misappropriation of authorship very differently - some protect not only author rights but also related rights, the conditions for criminal liability in the general corpus delicti are of a very different scope as well as the punishments for those crimes differ significantly. This analysis will present the scope of criminal liability in all the EU countries, including the reasons why, as well as will try to find the answer whether ways of coping with these difficulties exist.

Signed, Sealed, but not Delivered: The EU and the Ratification of the Marrakesh Treaty

2015 ◽  
Vol 6 (4) ◽  
pp. 629-632
Author(s):  
Ana Ramalho
Keyword(s):  
Intellectual Property ◽  
Technical Progress ◽  
Health And Safety ◽  
Risk Regulation ◽  
Inside View ◽  
Laws And Policies ◽  
Ip Law ◽  
Crossing Point ◽  
Marrakesh Treaty ◽  
The Eu

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals’ health and safety, inter alia.

Directions in Intellectual Property Law Research: A Linguistic Contribution

2021 ◽  
pp. 344-360
Author(s):  
Alan Durant ◽  
Jennifer Davis
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Language Use ◽  
Public Debate ◽  
Policy Formation ◽  
Property Law ◽  
Concurrent Use ◽  
Subject Areas ◽  
Ip Law ◽  
Legal Meaning

The questions in intellectual property (IP) law which most directly engage language fall into several types. ‘Language’ questions may concern particular signs or stretches of language examined for their registrability as a trademark, or disputed in relation to alleged infringement of literary copyright. Other kinds of words and phrases may also create difficulty, such as the words ‘distinctive’ or ‘generic’ which describe features of, and categorize, such signs or stretches of language. Such words and phrases establish a metalanguage that overlaps with frameworks in linguistics (e.g. ‘noun’, ‘consonant’) yet differs from such frameworks both in detail and purpose. Across all IP subject areas, a further kind of language, the field’s legal terms of art, defines the intangible subject matter, doctrines, and rationales of IP law, giving specialized legal meaning to otherwise general words and phrases whose meaning in law may nevertheless be contested. Such terms remain in concurrent use beyond law, with related but different meanings, and may therefore also be problematic when relied on in policy formation and in public debate about what IP is. ‘Language’ in these and other IP contexts is not, we argue, a single, unified topic. Rather, it consists of a number of very different kinds of language use, which raise different questions and call for varied forms of analysis. This chapter describes and illustrates those specialized kinds of language use. It also discusses prominent examples of research into them by legal scholars and linguists, and highlights further topics that may be amenable to linguistic investigation. In conclusion, we explain why specialist linguistic expertise is less important in such study of than interdisciplinary, legal and linguistic collaboration.

Religious Culture and Customary Legal Tradition: Historical Foundations of European Market Development

2015 ◽  
Vol 21 (1-2) ◽  
Author(s):  
Leonard P. Liggio
Keyword(s):  
Middle Ages ◽  
Legal System ◽  
Western Europe ◽  
Eleventh Century ◽  
Nuclear Family ◽  
Direct Consequence ◽  
Customary Law ◽  
Legal Tradition ◽  
Commercial World ◽  
The World

AbstractThis paper traces back the sources of our present legal system and of market economy to Medieval Europe which itself benefited from Hellenistic and Roman legal culture and commercial practices. Roman provinces placed Rome in the wider Greek cultural and commercial world. If Aristotle was already transcending the narrow polis-based conceptions of his predecessors, after him Hellenistic Civilization saw the emergence of a new school of philosophy: Stoicism. The legal thought in the Latin West will hence be characterized by Cicero’s writings and its Stoic sources. The Roman legal system was similar to the later northern European customary law and the English common law; Roman law was evolutionary and customary. The rise of Western individualism, whether it dates back to St. Augustine in the fifth century, or to the two Papal Revolutions of Gregory I (establishing the nuclear family as the core of individualism) and of Gregory VII, also played a crucial role in shaping the western legal tradition. The paper describes the main forces that led to this second (Gregorian) revolution. Monasticism is one of them. Benedictine monasticism plaid a leading role in the Peace of God Movement. Hence collective oath-taking by groups in the name of peace was essential in the founding of cities and in the formation of guilds. Europe’s economic resurgence in the Eleventh Century was on the basis of the creation of the rule of law by the Peace of God movement. This movement also allowed for Europe’s agricultural economy to progress. Indeed, the European Middle Ages is one of the major periods of technological innovation in the history of the world. The Gregorian Revolution itself was supported and financed by the Commercial Revolution: Italian bankers sustained Papal reformers against the Emperors. The independence of the Italian cities and provinces reveals one of the most important consequences of the Gregorian Revolution: the polycentricism of Western Europe. This Revolution also witnessed the first large number of political pamphlets in European history; the Gregorian clergy emphasizing a compact theory of government. Soon after, the order of Cistercians was founded (1098) and underwent spectacular growth during the next two centuries. The Cistercians accepted no rents or labor services from feudal donors but would take only full possession of land to do with it as they wished.These monasteries were the most economically effective units that had ever existed in Europe, and perhaps in the world, before that time. Finally, the Magna Carta (1215) that will be so influential on modern political thought can be seen as a direct consequence of the Gregorian Revolution.

scholarly journals Is Eurozone accumulating a historic lag toward Asia in the COVID-19 context?

2021 ◽  
Vol 49 (1) ◽  
pp. 192-203
Author(s):  
J. Sapir ◽  
Keyword(s):  
Global Economy ◽  
Western Europe ◽  
Economic Recovery ◽  
Advanced Economies ◽  
The World ◽  
Epidemic Wave ◽  
The Eu

The COVID-19 epidemic has shaken the world and affected the global economy. Coming from China, this epidemic has hit different countries in a close succession. Western Europe and the Eurozone were severely hit by the pandemy. The so-called “2nd wave” is creating havoc even in the countries that had quite well managed before – during the 1st wave of Spring 2020. Even with the vaccine, it is quite probable that economic recovery will be postponed to 2022–2023. Would the Eurozone accumulate a historic lag compared to Asia in the pandemy context? Analyses done by the end of September 2020, that is before the 2nd epidemic wave struck Europa, were already showing that the EU and the Eurozone, as some other advanced economies, fared worse in that context. This 2nd wave would quite probably strengthen this lagging.

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.

Norm Relations Amongst Multilateral Treaties

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade ◽  
World Trade Organisation ◽  
Multilateral Agreements ◽  
The World ◽  
History Of ◽  
New Institutions ◽  
Ip Law ◽  
New Instruments

This chapter explores the revisions of and special agreements to the Berne and Paris Conventions. Amongst the multilateral agreements in the international intellectual property (IP) system, these Conventions stand out as those with a long history of more than a hundred years of existence. However, international IP law has since developed outside of the two ‘classic’ conventions. Increasingly, these developments have taken place in different forums, such as trade negotiations, and in new institutions, such as the World Trade Organisation (WTO). This raises the question on how these new instruments relate to the classic treaties. As such, the chapter also analyses the WTO Agreement on Trade Related Aspects of International Property Rights (TRIPS) and its relations with the main pre-existing IP treaties.

Introduction

2019 ◽  
pp. 1-4
Author(s):  
Eleonora Rosati
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The Other ◽  
Property Law ◽  
The European Union ◽  
Copyright Policy ◽  
Eu Member States ◽  
The Past ◽  
The One ◽  
The Eu

Compared to other areas of intervention at the European Union (EU) level, copyright harmonization is a relatively recent phenomenon. Compared to other areas of intellectual property law, copyright harmonization has not been as complete as with other rights. Yet, two phenomena may be observed: one the one hand, copyright policy and legislative initiatives have intensified over the past few years; on the other hand, the large number of references to the Court of Justice of the European Union (CJEU) has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States....

Western Dualism and the Regulation of Cultural Production

2021 ◽  
Vol 4 (4) ◽  
pp. 1-116
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Cultural Production ◽  
Property Law ◽  
Western Thought ◽  
The West ◽  
Intellectual Property Law ◽  
The World ◽  
Legal Regimes

Abstract This work sets out to consider the fate of creativity and forms of cultural production as they fall into and between the regimes of cultural heritage law and intellectual property law. It examines and challenges the dualisms that ground both regimes, exposing their (unsurprising) reflection of occidental ways of seeing the world. The work reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western. At the same time, it accepts that the challenge in taking on the dualisms that hold together the existing legal regimes regulating creativity and cultural production lies in a critically nuanced approach to the geo-political distinction between the West and the rest. Like many of the distinctions considered in this book, this is one that holds and does not hold.

1. Introduction to intellectual property and common themes

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
Economic Theory ◽  
Intellectual Property ◽  
Legal Protection ◽  
Legal Systems ◽  
Brand Protection ◽  
The World ◽  
Types Of Information ◽  
The Uk ◽  
The Mind ◽  
The Eu

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.

Sign in / Sign up

Export Citation Format

Share Document