Learning to Litigate: the Relationship Between Past Litigation Experience and Litigation Outcomes in the Chinese Intellectual Property System

Intellectual property (IP) and the protection of IP is of increasing importance to firms’ competitiveness, and firms must be able to defend their IP when it is infringed upon. In most markets, IP and the defense of IP is a stringent legal process, but in developing markets and markets undergoing changes, this is not necessarily so. The Chinese IP system and protection is comparatively new, and the system is still under development. In this study, we analyze the relationship between firms’ previous litigation experience and litigation outcomes using a sample of 10,211 court cases tried in China between 2001 and 2009. We find that despite litigation being a rare event for most firms, plaintiffs’ prior litigation experience and especially prior successful litigation experience or experience with specific case types is related to their likelihood of a positive outcome. However, plaintiffs’ successful application of prior litigation experience is contingent on the type of litigation case.

A Right to Housing

This chapter considers the structural effect on the system of duties that would come with recognizing a human right to housing. If there is such a right, there is pressure on the interpretation of a property system to support hybrid moral value connecting possession and the conditions of moral status. An extended example shows how, as a system constraint, the right requires a division of moral labor between individuals and public institutions, juridical and ethical duties, especially when there are natural or social crises around housing. The arguments around a right to housing are then extended to the conditions of refugees, asylum seekers, and stateless persons. The claim in innate right to be somewhere implies that wherever such persons present themselves counts as a moral port of entry to temporary residence and subsequent patriation that all states have a duty to support.

Ground-Level Pressing Issues at the Intersection of AI and IP

Humankind has always sought to solve problems. This impetus has transformed hunters and gatherers into a society beginning to enjoy the fruits of the fourth industrial revolution. As part of the fourth industrial revolution, and the increased computing power accompanying it, the long-theorized concept of artificial intelligence (“AI”) is finally becoming a reality. This raises new issues in myriad fields—from the moral and ethical implications of replacing human activity with machines to who will own inventions created by AI. While these questions are worth exploring, they have already received a fair amount of coverage in popular and theoretical writing. This paper will take a different direction, focusing on the current and near-future issues arising on the ground at the intersection of AI and intellectual property (“IP”). After providing a brief overview of AI, we will analyze legal issues unique to AI, including access to data, patent requirements, open source licenses and trade secrecy. We will then suggest best practices for obtaining and preserving IP protection for AI-related innovations through the United States and European Union IP systems. By addressing these issues, the intellectual property system will be better positioned to do its part in unlocking AI’s immense potential.

International legal regulation of copyright and related rights protection in the digital environment

The purpose of this article is to identify changes in the nature of the challenges and analyze key trends in international law regulation of copyright and related rights protection in the digital environment. It is established that the digital environment forms the newest type of legal relations, which requires modification of copyright legislation. International experience on the latest trends in copyright and related rights protection in the digital environment has discussed. It has established that the key trend of modification international legal regulation of copyright and related rights in the digital environment there are stricter measures to restrict online sales of pirated books, audiovisual products and electronic publications. Particular attention has paid to combating copyright infringement on social networking platforms, as well as in the field of online education, training, e-commerce. It has proved that to improve the mechanism of combating crime in the field of intellectual property it is necessary to modernize the national intellectual property system: improving the regulatory framework, improving the institutional framework and infrastructure, as well as conducting comprehensive educational work with users of this system

In the service of secrecy: An enveloped history of priority, proof and patents

This article is about an everyday paper object: an envelope. However, as opposed to most other flat paper containers, the enveloppe Soleau can only be bought from L’Institut national de la propriété industrielle (INPI) in Paris. At the cost of €15 you get a perforated, double-compartment envelope allowing you to constitute proof of creation and assign a precise date to your idea or project. But the enveloppe Soleau is something much more than just a simple and cheap way by which you can prove priority in any creative domain. It is a material footprint anchored to centuries of practices associated with disclosure and secrecy, a gateway into the infrastructure of the intellectual property system and its complicated relationship to the forms of knowledge it purports to hold. The purpose of this article is to consider the making of the enveloppe Soleau as a bureaucratic document, a material device performing a particular kind of legal paperwork. In four different vignettes, the article tracks the material becoming of the enveloppe Soleau as an evidentiary receptacle, beginning by going back to early modern practices of secrecy and priority, continuing with its consolidation in two patents (from 1910 and 1911) to the inventor Eugène Soleau (1852–1929), and ending up, in 2016, dematerialized in the e-Soleau. As a bureaucratic document, the enveloppe Soleau shows just how much work a mundane paper object can perform, navigating a particular materiality (a patented double envelope); formalized processes of proof (where perforations have legal significance); the practices of double archiving (in an institution and with the individual) and strict temporal limitations (a decade). Ultimately, the enveloppe Soleau travels between the material and immaterial, between private and public, between secrecy and disclosure, but also between what we perceive of as the outside and inside of the intellectual property system.

Pravni položaj žene u Predosnovi građanskog Zakonika za Kraljevinu Jugoslaviju

The paper examines the legal position of women in the Kingdom of Yugoslavia, with emphasis on the reforms proposed in the Draft Civil Code for the Kingdom of Yugoslavia. The legal system of Yugoslavia was not unified and therefore the position of women differed from one legal territory to another. The paper briefly reviews legislation in the six Yugoslav legal territories with emphasis on unfavourable norms which required reforms. The Draft is analysed in detail. It enacted complete legal capacity for married women, equal inheritance rights for male and female children and improved inheritance position of widowed spouses. Adoption of a modified separate property system and diminished parental rights of mothers are considered as drawbacks of the Draft. Special rules for inheritance in rural areas and Sharia law (mandatory for the Muslim minority) are analysed as exceptions from the Draft Civil Code. Legal theory opinions on the legal position of women that were presented during the public debate on the future Civil Code are also reviewed. The conclusion analyses the appropriateness of the Draft in the context of social and political circumstances in the Kingdom of Yugoslavia.

The Transition of Economy from Analogue to Digital in the XXI Century by the case of the Republic of Korea

The article demonstrates the impact of digitalization on the political system and economy of the Republic of Korea based on the IT-revolution of the XXI century. Research methods used include comparative, system and logical data analysis, and the investigation of the digitalization trends. Data from Korean National Statistical Office and other official open sources are used for the determination of the main digitalization trends in the Korean economy. An analysis of specific phenomena arising in the economy and society as a whole is carried out under conditions of the digital economy. The evolution of the digitalization of hardware and software in the Republic of Korea is presented. The consequences of the transition of the economy from analogue to digital are revealed in such areas as the structure of the economy and business model, economic integration and liberalization, resource allocation and balanced development of regions, the role of government, and the intellectual property system.

Women, Bridal Girdles, and the Household in Renaissance Prague

This article addresses early modern women's power through an object study of the wedding girdle, a thickly embellished belt that was the most costly, emblematic, and intimate item in a Renaissance bride's trousseau, and which uniquely illuminates the lives of women. Building on the work that women's history has done to uncover how women navigated the patriarchal system, I propose that a focus on the household is vital to understanding the socially specific ways in which burgher women – members of the citizen class of Renaissance Prague – exerted agency in their daily lives. Burgher sensibilities, specifically the desire to display the prosperity, industry, and piety of their households, created distinct mechanisms for women to assert themselves. This article sets women's lives against the interwoven structures of the household, namely, gendered roles and expectations, the legal property system, and moral discourses surrounding marriage. By levering these structures, the same that constrained them, burgher women were able to express power.