scholarly journals Trademarks Worth a Thousand Words : Freedom of Expression and the Use of the Trademarks of Others

2012 ◽  
Vol 53 (4) ◽  
pp. 877-907
Author(s):  
Teresa Scassa
Keyword(s):  
Property Rights ◽  
Intellectual Property Rights ◽  
Private Property ◽  
Freedom Of Expression ◽  
Case Law ◽  
The Internet ◽  
Trademark Law ◽  
Private Property Rights ◽  
Trademark Protection ◽  
Expressive Content

Trademarks play an important role in facilitating critical speech in an increasingly corporate capitalist society. Not only do they serve as markers for expressive content on the Internet, they can also be used as vehicles for the communication of critical messages about the trademark owner or its products or services. In this paper, the author examines the implicit balance in the Trade-marks Act between freedom of expression values and trademark rights, and argues that it is being significantly altered by the contemporary push for greater trademark protection. The author identifies specific problems that emerge from Canadian case law relating to freedom of expression and trademark law. These include the treatment by courts of intellectual property rights as private property rights, inattention to the trademark/copyright overlap, the troublesome distinction between commercial and non-commercial uses, and the phenomenon of trademark bullying. The author argues for a sharp evolution in Canadian case law that would establish clear parameters for critical speech using trademarks.

Review of Article 27.3(b) and the Patenting of Life Forms: Hitting a BRIC Wall in the WTO?

2021 ◽  
Vol 26 (2) ◽  
pp. 289-318
Author(s):  
Jagjit Plahe ◽  
Nitesh Kukreja ◽  
Sunil Ponnamperuma
Keyword(s):  
Developing Countries ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Private Property ◽  
Life Forms ◽  
Private Property Rights ◽  
Ethical Concerns ◽  
The World ◽  
Over Time

Abstract Under Article 27.3(b) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO), all members are required to extend private property rights to life forms. Using official WTO documents, this article analyzes the negotiating positions of WTO members on life patents during a review of Article 27.3(b) which commenced in 1999 and is currently ongoing. Initially, developing countries raised serious ethical concerns regarding life patents, creating a clear North-South divide. However, over time the position of Brazil and India moved away from the ethics of life patents to the prevention of bio-piracy, a position supported by China. Russia too is supportive of life patents. A group of small developing countries have, however, continued to question the morality of life patents despite this “BRIC wall,” changing the dynamics of the negotiations from a North-South divide to one which now includes a South-South divide.

scholarly journals Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine

2021 ◽  
pp. 263-277
Author(s):  
Kateryna Nekit
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Case Law ◽  
The United States ◽  
Business Owners ◽  
Public Interests ◽  
Private Property Rights ◽  
The Us ◽  
Private And Public ◽  
Spread Of Infection

The COVID-19 pandemic has had a significant impact on human rights. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about the admissibility of such restrictions on the rights of owners, as well as the need to compensate for the losses caused. The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. The article also analyzes approaches to resolving issues of compensation for losses caused to owners as a result of restrictions on their rights, developed in the case law of the United States and Great Britain.

Contesting Privatization: NGOs and Farmers' Rights in the African Model Law

2007 ◽  
Vol 7 (1) ◽  
pp. 97-119 ◽  
Author(s):  
Noah Zerbe
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Private Property ◽  
Focal Point ◽  
Private Property Rights ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
African Experience ◽  
Model Law

The development of the concept of farmers' rights in the Food and Agriculture Organization, and its adoption by the African Union as a counterbalance to the private property rights of plant breeders, highlights the divisiveness of the question of ownership in biodiversity and biotechnology. This article examines the development of the African Model Law, a regional regime intended to promote indigenous control over local biodiversity. The principal argument is that key nongovernmental organizations were able to draw on African efforts and concerns regarding conceptions of private property rights embodied in international agreements, framing the question of farmers' rights in a way that spoke to the African experience. Farmers' rights thus came to be a focal point for African negotiators at international discussions on intellectual property rights and biodiversity, enabling Africa to take a key role in the articulation of alternatives to the Trade-Related Intellectual Property Rights (TRIPs) Agreement.

Google vs. The Copyright Tradition

Google Rules ◽  
2020 ◽  
pp. 65-96 ◽  
Author(s):  
Joanne Elizabeth Gray
Keyword(s):  
Operating System ◽  
Property Rights ◽  
Public Interest ◽  
Private Property ◽  
Case Law ◽  
Private Property Rights ◽  
The Public ◽  
Public Benefits ◽  
Google Books ◽  
Google Search

This chapter provides an examination of Google’s US copyright case law, covering disputes over Google’s use, without permission, of copyrighted content in Google Search, Google Images, Google Books, YouTube, and its phone operating system Android. When resolving Google’s copyright disputes, US courts have considered the public benefits of Google’s services and have exhibited a willingness to limit private property rights in favor of the public interest in accessing information and content. These decisions have legitimized Google’s activities, and they have gifted Google private gains that fuel its information empire.

LAND PLOT AS AN OBJECT OF PRIVATE PROPERTY RIGHTS

2020 ◽  
Author(s):  
Vyacheslav Vovk
Keyword(s):  
Property Rights ◽  
Land Management ◽  
Land Reform ◽  
Essential Role ◽  
Private Property ◽  
Rich Country ◽  
Private Property Rights ◽  
Land Plot ◽  
Government Supervision

Russia is a resource-rich country, and great changes are being made today in order that land and its resources are used for the benefit of any citizen of our state. Under the circumstances government supervision (control) over the optimal use of territories gets the essential role. The rights that are contained in land reform give owners, landowners, land users, and employers extensive powers concerning independent land management.

Konsep Distribusi Pendapatan Dalam Islam

2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA
Keyword(s):  
Property Rights ◽  
Social Life ◽  
Private Property ◽  
Wealth Distribution ◽  
The State ◽  
Private Property Rights ◽  
Job Opportunities ◽  
The Rich ◽  
The Difference ◽  
Distribution Of Income

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.

Sign in / Sign up

Export Citation Format

Share Document