Changing the Enforcement Paradigm

Chokepoints ◽  
2016 ◽  
Author(s):  
Natasha Tusikov
Keyword(s):  
Intellectual Property ◽  
Case Studies ◽  
Due Process ◽  
Capacity To Act ◽  
State Actors ◽  
Legal Responsibilities ◽  
Court Orders ◽  
Rapid Mass

This chapter reflects upon the case studies in the three preceding chapters to examine the inter-dependencies and varying interests among corporate and state actors in the regulation of online infringement. It considers how the private transnational regime regulates through technology and concludes major intermediaries have the capacity to act as private arbiters of the legality of goods, services, and technologies. The agreements are designed to streamline, simplify and accelerate enforcement processes to enable regulation to occur globally, rapidly and over a mass population. Principles of due process and accountability, however, are generally incompatible with the shift toward rapid mass policing. The non-binding agreements are intended to push intermediaries to exceed their legal responsibilities voluntarily, in the absence of legislation and court orders, in a form of compliance-plus regulation. The goal is also to enable U.S. and European rights holders to set rules regarding the protection of intellectual property that are then exported worldwide, especially to China.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals Food and Nationalism: Gastronationalism Revisited

2020 ◽  
Vol 48 (2) ◽  
pp. 215-223 ◽  
Author(s):  
Atsuko Ichijo
Keyword(s):  
Case Studies ◽  
International Organizations ◽  
Major Development ◽  
The Everyday ◽  
Recent Developments ◽  
Per Se ◽  
State Actors

AbstractThis article reviews recent developments in scholarship on gastronationalism, or more broadly, food and nationalism. It finds while the concept of gastronationalism per se has not been rigorously developed, scholarship of food and nationalism in general has been developing fast. A major development in the study of gastronationalism is the introduction of the everyday nationhood/banal nationalism perspective, which in turn diverts the focus away from the state’s intervention, a point emphasized by Michaela DeSoucey. The review of the field suggests that a renewed focus on the role of food in the interaction between state actors and international organizations would further refine the concept of gastronationalism. As for the study of food and nationalism, efforts to integrate findings from existing case studies to produce an overall understanding of society are needed.

scholarly journals Policy for the Support of Creative Economy

2013 ◽  
Vol 10 (1) ◽  
pp. 7-12
Author(s):  
Jozef Tvrdoň ◽  
Eva Belvončíková
Keyword(s):  
Intellectual Property ◽  
Case Studies ◽  
Intellectual Property Rights ◽  
Regional Policy ◽  
Creative Economy ◽  
Policy Tools ◽  
Development Policies ◽  
Policy Level ◽  
Traditional Approaches ◽  
The Eu

Creative economy has become an important part of the development policies for more than a decade. Traditional approaches and tools of regional policy have not sufficiently operated in the creative economy framework. The paper presents the first insight of authors an this topic. The first part is focused on creative economy as a policy object in theory and in the EU policy level. It is followed by examples from two countries oriented on SMEs policy tools and on institutional framework. On a basis of the case studies the paper also looks at policy tools and their status in Slovakia. The final part contains proposals for policy tools in two areas - tools oriented on small and medium sized enterprises support and tools for creation of a specific creative economy development conditions (regulatory framework, supporting institutions and intellectual property rights area).

scholarly journals Review of Trademark and Its Enforcement Provisions under TRIPS

2018 ◽  
Vol 2 (2) ◽  
pp. 86
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh ◽  
Anowar Zahid
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Qualitative Method ◽  
Due Process ◽  
International Treaty ◽  
Trademark Infringement ◽  
Due Process Of Law ◽  
Related Aspect

<p><em>T</em><em>rademark and its enforcement provisions are imbedded in Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) for promotion and protection of Intellectual Property (IP) rights in member countries of World Trade Organization (WTO). Compliance with trademark and its enforcement provisions (15-21, 41-61) of TRIPS and implementation are two different things</em><em>,</em><em> e.g.</em><em>,</em><em> enactment of law and its implementation hence more efforts are required for smooth implementation of IP rights in member counties. TRIPS is the only International Treaty containing exhaustive enforcement provisions for enforcement of IP rights in member countries. This article is a qualitative method of research reviewing provisions of TRIPS dealing with trademark (15-21) and its enforcement procedures (41-61) in member countries. Trademark enforcement procedures of member countries must be adequate, expedient and must not be complicated, costly and time consuming. Trademark enforcement procedures must be based upon due process of law and fair trial so that aggrieved party may (i) attain damages and compensation for loss due to trademark infringement, (ii) obtain injunctions to prevent trademark infringement in future, and (iii) punish counterfeiter/infringer with imprisonment and fine. Trademark and its enforcement provisions of TRIPS are required to be complied by member countries as there are hurdles in implementation of enforcement provisions</em><em>,</em><em> e.g.</em><em>,</em><em> lack of IP knowledge, IP experts, long borders, deficiency in man power etc. which are required to be sorted out to promote and protect legitimate trade activities in member countries which is a long process needs to be achieved by positive steps under the light of trademark and its enforcement provisions of TRIPS.</em><em></em></p>

Addressing Infringement: Developments in Content Regulation in the US and the DNS

2020 ◽  
pp. 630-646
Author(s):  
Annemarie Bridy
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Due Process ◽  
Protocol Stack ◽  
Domain Name System ◽  
Application Layer ◽  
Domain Names ◽  
The Us ◽  
Content Regulation

The reach of privately ordered online content regulation is wide and deepening. It is deepening with reference to the internet’s protocol stack, migrating downward from the application layer into the network’s technical infrastructure, specifically, the Domain Name System (DNS). This chapter explores the recent expansion of intellectual property enforcement in the DNS, with a focus on associated due process and expressive harms. It begins with a technical explanation of the operation and governance of the DNS. It goes on to discuss existing and proposed alternative dispute resolution (ADR) regimes for resolving intellectual property complaints involving domain names. In doing so, it compares the long-running Uniform Dispute Resolution Policy (UDRP) for adjudicating trademark cybersquatting claims to newer ADR programmes targeting copyright infringement on websites underlying domain names.

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