Indian claims over Geographical Indications of Bangladesh: sustainability under intellectual property regime

2016 ◽  
Vol 6 (1) ◽  
pp. 75-91 ◽  
Author(s):  
Mohammad Ataul Karim
Keyword(s):  
Intellectual Property ◽  
Geographical Indications ◽  
Property Regime

scholarly journals Analisis Penyelesaian Sengketa Terhadap Hak Merek Atas Putusan Geprek Bensu Melawan I Am Geprek Bensu

2021 ◽  
Vol 2 (1) ◽  
pp. 24-35
Author(s):  
Lompoh Egia Nuansa Pinem ◽  
Ni Luh Dwik Suryacahyani Gunadi
Keyword(s):  
Data Analysis ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Qualitative Data ◽  
Secondary Data ◽  
Primary Data ◽  
Geographical Indications ◽  
Trade Disputes ◽  
Data Analysis Methods

In Indonesia, there are two forms of dispute resolution over Intellectual Property Rights. The first is through the litigation channel and the second is through the Non-Litigation route. Regarding trade disputes over trademark rights, the resolution is also through these two channels. This research specifically examines the settlement of trademark disputes between Geprek Bensu and I Am Geprek Bensu based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses research methods of normative law which is carried out through the collection of primary data and secondary data as well as by the literature approach. Data analysis in this study used qualitative data analysis methods.

scholarly journals GEOGRAPHICAL INDICATIONS IN INDIA & THE CASE OF FAMOUS INDIAN WEAVE: BANARASI BROCADE

2016 ◽  
Vol 4 (12) ◽  
pp. 137-146
Author(s):  
Shruti Gulati
Keyword(s):  
Intellectual Property ◽  
Property Right ◽  
Intellectual Property Right ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Place Of Origin ◽  
Selling Point

A milestone was reached when WTO through TRIPS had granted goods to retain its essence of the land by allowing attaching a geographical indication to goods having specialty from the place of origin. Where a product holds characteristics that clearly indicate its reference to a place in terms of quality, essentially attributed things such as reputation, it is said to have a geographical indication. Where most things become synonymous with the land, that they sometimes lose their own identity leading to an interchangeable use of the geographical name with the good like the ‘banarasibrocade’or ‘phulkari’. The reason for getting it under the Intellectual Property Right radar is that it becomes the selling point as well as that characteristic which solely differentiates the good out of the crowd, sometimes to an extent of premium pricing as well. It’s like a safeguard to both the consumers for an assurance of quality and the producers for making it worthy.

scholarly journals The protection of cultural heritage: common heritage of humankind, national cultural ‘patrimony’ or private property?

2020 ◽  
Vol 64 (3) ◽  
pp. 351-364
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
International Law ◽  
Private Property ◽  
Community Identity ◽  
Cultural Patrimony ◽  
Postcolonial Discourse ◽  
The Relationship ◽  
Property Regime ◽  
Protection Of Cultural Heritage

Starting from an argument about the relationship between cultural heritage and national and/or community identity, this article considers the different ways in which both the international law regime for the protection of cultural heritage and the international intellectual property regime tend to appropriate cultural heritage. The article argues that, in the postcolonial context, both these forms of appropriation continue to interfere with the demands for justice and for the recognition of historical wrongs made both by indigenous peoples and by many developing countries. At the same time, the article suggests that these claims are undermined by the misappropriation of the postcolonial discourse with respect to restitution of cultural heritage, particularly in the intra-European context. The article advocates the need for a regime for the protection of cultural heritage that is strong enough to resist its private appropriation through the use of intellectual property rights and nuanced enough to recognise significant differences in the political context of local and national claims to cultural heritage.

Customary Norms

2019 ◽  
pp. 109-142
Author(s):  
Matthew H. Birkhold
Keyword(s):  
Eighteenth Century ◽  
Intellectual Property ◽  
Fan Fiction ◽  
Enforcement Mechanisms ◽  
The Right ◽  
Property Regime ◽  
Potential Origin

Analyzing twenty-two examples of fan fiction, Chapter 3 uncovers the unwritten customary norms that governed the production and dissemination of these works. After defining customary norms as an alternative to formal law and briefly accounting for their potential origin, this chapter analyzes each norm in detail. In all, five rules, or customary norms, governed the production of fan fiction in the eighteenth century. Together, they amounted to a customary intellectual property regime comprising rights, trespass norms, exceptions, and enforcement mechanisms. This chapter then examines an exception to the rules for publishers who held the right to publish sequels and continuations. Finally, it focuses on Nicolai’s Joys of Young Werther and Schiller’s Geisterseher as examples of the effectiveness of these mechanisms, showing how they prevented egregious departures from the customary norms.

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