scholarly journals Heuristic Interventions in the Study of Intellectual Property

2017 ◽  
Author(s):  
Jessica Silbey
Keyword(s):  
Social Sciences ◽  
Intellectual Property ◽  
Social Practice ◽  
Patent Law ◽  
Property Law ◽  
Economic Analysis Of Law ◽  
Law Schools ◽  
Intellectual Property Law ◽  
Social Sciences And Humanities ◽  
The Social

In this Essay, I review and elaborate on Dan's Burk's On the Sociology of Patenting with three "heuristic interventions" for the study of intellectual property law. These interventions derive from sociology and anthropology, and to some extent also from critical literary theory. Unoriginal in the social sciences, these heuristic interventions remain largely original to the study of law within law schools and traditional legal scholarship (as opposed to the study of law from within the social sciences and humanities). Burk joins a small but growing group of legal scholars, reaching beyond legal doctrinal analysis and the economic analysis of law to explain intellectual property law as a social practice. The interventions he begins and this essay explains in further depth reframe the understanding or analysis of intellectual property (1) from individuals to institutions, (2) from causation to explanation and (3) in the context of the domestication of IP in contemporary social and political culture. In this way, Burk's Article and this essay demonstrate how law (not only intellectual property or patent law) is a social practice both reflecting and forming social structures, the understanding of which requires attention to organization and culture as much or more than statutes, cases, administrative filings, and economic theory.

scholarly journals The Economics of Improvement in Intellectual Property Law

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Property Right ◽  
Property Law ◽  
Intellectual Property Law ◽  
Basic Work ◽  
Freedom Of Action

A number of doctrines in modern copyright and patent law attempt to strikesome balance between the rights of original developers and the rights ofsubsequent improvers. Both patents and copyrights are limited in durationand in scope. Each of these limitations provides some freedom of action tosubsequent improvers. Improvers are free to use material that is in thepublic domain because the copyright or patent has expired. They are free toskirt the edges of existing intellectual property rights, for example bytaking the ideas but not the expression from a copyrighted work or"designing around" the claims of a patent. However, improvers cannot alwaysavoid the intellectual property rights of the basic work on which they wishto improve. Some improvements fall within the scope of the preexistingintellectual property right, either because of an expansive definition ofthat right or because economic or technical necessity requires that theimprover hew closely to the work of the original creator in some basicrespect. Here, the improver is at the mercy of the original intellectualproperty owner, unless there is some separate right that expressly allowscopying for the sake of improvement.

Intellectual Property Law

2018 ◽  
Author(s):  
Lionel Bently ◽  
Brad Sherman ◽  
Dev Gangjee ◽  
Phillip Johnson
Keyword(s):  
Intellectual Property ◽  
Private Information ◽  
Legal Regulation ◽  
Trade Mark ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Wide Range ◽  
Trade Mark Law

Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. In this fifth edition, the introduction has been updated to take account of Brexit. Important developments covered include the introduction of a doctrine of equivalents into UK patent law, the reforms of EU trade mark law (particularly with respect to ‘representation’ of marks, and the ‘functionality exclusions’), and the development of the concept of ‘communication to the public’ by the CJEU. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies. The volume includes a new chapter on the tort of misuse of private information.

scholarly journals Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements

2007 ◽  
Vol 23 (suppl 1) ◽  
pp. S85-S96 ◽  
Author(s):  
Arachu Castro ◽  
Michael Westerhaus
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Universal Access ◽  
Trade Agreements ◽  
The United States ◽  
Patent Law ◽  
Essential Medicines ◽  
Property Law ◽  
Middle Income ◽  
Intellectual Property Law

The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.

scholarly journals Towards a Normative Theory of the Intellectual Commons

2020 ◽  
pp. 129-153
Author(s):  
Antonios Broumas
Keyword(s):  
Intellectual Property ◽  
Normative Theory ◽  
Social Value ◽  
Moral Justification ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Social ◽  
Work Value ◽  
Intellectual Commons

Recapitulating earlier chapters that established the social value of commons-based activity the chapter offers a unified normative theory of the intellectual commons in support of an intellectual commons law. As the normative denouement of the book, this chapter down the foundations for the critical normative theory of the intellectual commons and the moral justification of an intellectual commons law and is structured into six interlinked sections starting with a statement of the basic tenets of a critical normative theory of the intellectual commons. The subsequent four sections examine the normative dimensions of the intellectual commons, i.e. personhood, work, value and community. Concluding sections briefly outline the contours of an intellectual commons law in alignment with the normative evaluations of the chapter. The ethical arguments of the model overall have established the moral grounds and present the framework for a distinct and independent body of law for the protection and promotion of the intellectual commons beyond the inherent limitations of intellectual property law.

scholarly journals Artificial Intelligence and Intellectual Property: The Issues of the Legal Regulation of Patent Relations

Legal Concept ◽  
2021 ◽  
pp. 48-54
Author(s):  
Ekaterina Kupchina
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Social Relations ◽  
New Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Intellectual Property Rights Protection

Introduction: in the paper, the author analyzed the current problems associated with the use of artificial intelligence in the field of intellectual property. Thanks to the active introduction of this technology in many areas of human activity, there is a rapid growth of innovative processes. On the one hand, such active improvement of the computer technology system creates a favorable environment for the development of economic, political and social relations. On the other hand, however, the potential for the further development of artificial intelligence is of serious concern in the scientific community. In particular, modern digital technologies are developing much faster than the legal framework designed to regulate them is improving. In this regard, the first branch of law that has faced the greatest difficulties is intellectual property law, since it is a branch of law directly related to innovation processes. The purpose of the research is achieved by solving a number of tasks: to determine the role of artificial intelligence as a “subject” of patent relations, as well as the boundaries of responsibility for patent infringement by AI. The methodology is based on a theoretical approach to the study of the legal framework in the field of intellectual property. Based on the analysis of the theoretical data obtained, the author provides the examples of patent violations related to the use of artificial intelligence technology, as well as highlights some modern approaches to solving this problem. The results of the research can be used to determine the key goals and objectives in the law enforcement, research, as well as in educational and teaching activities, in particular, during lectures and seminars on courses in intellectual property law, copyright and patent law. Conclusions: the development of artificial intelligence technologies is central to the development of better intellectual property management systems. The development of new doctrines for new technologies, the modification of the existing patent system, as well as the changes in the policy of intellectual property rights protection contribute to the effective development of innovative processes and the improvement of the legal system as a whole.

scholarly journals Saving seed under international intellectual property Treaties and Iraqi Patent Law = La regulación de la reserva de semillas para resembrarlas en los tratados internacionales de propiedad industrial y en la legislación iraquí de patentes

2018 ◽  
Vol 10 (1) ◽  
pp. 19
Author(s):  
Saman Abdulrahman Ali
Keyword(s):  
Intellectual Property ◽  
Trips Agreement ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Legal Position ◽  
Coalition Provisional Authority ◽  
Variety Protection

Abstract: This study analyses legal position of saving seeds in internal and international levels, for example the TRIPS Agreement and the UPOV Convention of 1991. In this context the study attempts to compare and analyse the latest regulations of saving seeds in Iraq to previous amendments carried out by Coalition Provisional Authority (CPA) and previous Iraqi governments and to the TRIPS Agreement. The study finds out that the Law No. 15 of 2013 on Registration, Accreditation and Protection of Agricultural Varieties is an attempt to comply with the TRIPS Agreement by providing plant variety protection.Keywords: Intellectual Property Law of Iraq, Saving Seeds, Plant Variety Protection, TRIPS Agreement, UPOV Convention of 1991.Resumen: Este artículo analiza la regulación legal de la práctica de los agricultores consistente en conservar semillas de su propia producción para proceder a sembrarlas en el siguiente ciclo de cultivo. Se analiza la regulación en el ámbito nacional y en el internacional, incluyendo la contenida en el Acuerdo ADPIC y en el Convenio de la UPOV de 1991. En este contexto, el trabajo compara y analiza las últimas regulaciones al respecto en Irak (incluidas las modificaciones introducidas por la Autoridad Provisional de la Coalición Internacional y por el gobierno iraquí) con la regulación del Acuerdo ADPIC. El estudio concluye que la Ley Nº 15 de 2013 sobre Registro, Acreditación y Protección de Variedades Agrícolas es un intento de cumplir con el Acuerdo sobre los ADPIC al proporcionar protección de variedades vegetales.Palabras clave: Legislación iraquí de propiedad intelectual e industrial, reserva de semillas, protección de variedades vegetales, Acuerdo sobre los ADPIC, Convenio de la UPOV de 1991.

Brand Pollution

2016 ◽  
Keyword(s):  
Intellectual Property ◽  
Material Culture ◽  
Social Practice ◽  
Property Law ◽  
Legal Doctrine ◽  
Intellectual Property Law ◽  
Race And Gender ◽  
Political Implications ◽  
Brand Dilution ◽  
And Gender

Cultural analyses based in semiotics and bureaucratic approaches to intellectual property law tend to treat brands primarily as communications media that relay information from corporations to consumers. Trademark protections are justified largely as measures that protect an efficient transfer of information and in terms of the legal doctrine of “brand dilution.” This chapter questions that framing by analyzing brands as design elements that derive their value and meaning from the contexts of material culture and social practice in which branded goods circulate, drawing evidence from the design and marketing strategies of Maya apparel workshop owners. The chapter involves a critical engagement with the sociology and anthropology of fashion and examines the branding strategies of several fashion firms, especially Abercrombie & Fitch. The chapter argues that the globalization of trademark law is an attempt to concretize and naturalize neocolonial divides along lines of geography, race, and gender that position some populations as rightful creators and consumers and others as mere copycats. The last section describes the efforts of some Maya workshop owners to market their goods using unique brands that reference their indigenous identity, and then explores the political implications and lessons for the anthropology of intellectual property law.

scholarly journals Impacts of the CPTPP on the Improvement of Vietnam’s Intellectual Property Law

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Nguyen Thi Que Anh ◽  
Nguyen Bich Thao
Keyword(s):  
New York ◽  
Intellectual Property ◽  
Patent Law ◽  
Asia Pacific ◽  
Property Law ◽  
Intellectual Property Law ◽  
International Economic Law ◽  
Commission Regulation ◽  
Indication System ◽  
Protected Designations Of Origin

The Intellectual Property Chapter in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership imposes many new obligations on Vietnam, which requires an overhaul of Vietnam’s intellectual property law in order to implement the IP provisions in this Agreement. This article anaylyzes the IP provisions in CPTPP, compares with the current Vietnamese law and with the newly amended Law on Intellectual Property, which was adopted by the National Assembly on June 14, 2019, then identifies which provisions have met the requirements of CPTPP and which provisions need further amendment and supplement. Keywords: CPTPP, intellectual property, Law on Intellectual Property. References:  [1] World Bank, Legal Review and Gap Assessment for Vietnam’s Implementation of CPTPP, 15 July 2018.[2] VPLS Phạm và Liên danh, Tìm hiểu về bảo hộ nhãn hiệu âm thanh, https://www.pham.com.vn/chuyen-muc-binh-luan/tim-hieu-ve-bao-ho-nhan-hieu-am-thanh.htm (truy cập ngày 23/8/2019)[3] Nguyễn Thị Quế Anh, Phân loại nhãn hiệu theo hình thức của nhãn hiệu, Tạp chí Khoa học ĐHQGHN, Luật học 26 (2010) 99-107.[4] Nguyễn Thị Thu Trang (chủ biên), Rà soát pháp luật Việt Nam với các cam kết của Hiệp định Đối tác Xuyên Thái Bình Dương (TPP) về Sở hữu trí tuệ, NXB. Công thương, Hà Nội, 2017.[5] International Trademark Association, Board Resolution, Elimination of Mandatory Trademark License Recording Requirements, March 28, 1995, https://www.inta.org/Advocacy/Pages/EliminationofMandatoryTrademarkLicenseRecordingRequirements.aspx (truy cập ngày 23/8/2019)[6] Commission Regulation (EU) No 1122/2010 of 2 December 2010 entering a designation in the register of protected designations of origin and protected geographical indications [Gouda Holland (PGI)], https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32010R1122 (truy cập ngày 23/8/2019).[7] Danny Friedmann, TPP’s Coup de Grâce: How the Trademark System Prevailed as Geographical Indication System, in PARADIGM SHIFT IN INTERNATIONAL ECONOMIC LAW RULE-MAKING, TPP AS A NEW MODEL FOR TRADE AGREEMENTS? (Julien Chaisse, Henry Gao, and Chang-fa Lo eds.) New York: Springer, Series “Economics, Law, and Institutions in Asia Pacific,” 2017, 273- 291, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3090172[8] Báo Nhân Dân điện tử, Tạo thuận lợi cho các chủ thể quyền sở hữu trí tuệ, ngày 03/8/2019, https://www.nhandan.com.vn/khoahoc-congnghe/item/41083802-tao-thuan-loi-cho-cac-chu-the-quyen-so-huu-tri-tue.html (truy cập ngày 23/8/2019)[9] Trần Mạnh Hùng, CPTPP – Những điều cần biết trước thềm mùa xuân 2019, https://baodautu.vn/cptpp---nhung-dieu-can-biet-truoc-them-mua-xuan-2019-d93484.html[10] Luật bản quyền Hoa Kỳ, 17 U.S.C §504.[11] Baker & McKenzie, Proposed Amendments to the Patent Law and Draft IP Provision in the Foreign Investment Law, 12 February 2019, https://www.bakermckenzie.com/en/insight/publications/2019/01/proposed-amendments-to-the-patent-law (truy cập ngày 23/8/2019).  

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