The Internet And The Emerging Importance Of New Forms Of Intellectual Property
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The Internet And The Emerging Importance Of New Forms Of Intellectual Property
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Author : Susy Frankel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-05-01
The Internet And The Emerging Importance Of New Forms Of Intellectual Property written by Susy Frankel and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-01 with Law categories.
The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.
Law Regulation And Governance In The Information Society
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Author : Maurizio Borghi
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30
Law Regulation And Governance In The Information Society written by Maurizio Borghi and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.
This edited collection seeks to map the landscape of contemporary informational interests, to evaluate a range of recognised and putative rights and wrongs associated with modern information societies, and to consider how law, regulation, and governance should be deployed in response. New technologies and new applications constantly disrupt our values, our framing of our world, and our sense of where we are and who we are. In our ‘information societies’, we entertain mixed hopes and expectations, as well as significant fears and concerns. At the root of these, there are a number of informational interests, on the basis of which certain rights are claimed and particular wrongs denounced. This book addresses these interests, considering them as relating primarily to the integrity of the informational ecosystem, to the accessibility, accuracy, and authenticity of public information, and to our individual ability to control the outward and inward flows of information that relates directly to ourselves. Covering a wide range of subjects, the book’s interrogation of our contemporary information society is oriented around two questions: first, whether the information society in which we live is the kind of society that we think it should be and, second, if not, what we can reasonably expect law, regulation, and governance to do in providing the basis for improving it. This book will be of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.
The Copyright Trademark Interface
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Author : Martin Senftleben
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
The Copyright Trademark Interface written by Martin Senftleben and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.
Between Empowerment And Manipulation
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Author : Marijn Sax
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-09-28
Between Empowerment And Manipulation written by Marijn Sax and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-28 with Law categories.
Popular health apps are commercial services. Despite the promise of empowerment they offer, the tensions introduced by their data-driven, dynamically adjustable digital environments engender a potential for manipulation to which their designers and operators can easily succumb. In this important book, the author develops an ethical framework to evaluate the commercial practices of for-profit health apps, proceeding to a detailed proposal of how to legally address the exploitation, for financial gain, of users’ need for health. Focusing on the intricate tracking of users over time, coupled with the possibility to personalize the environment based on knowledge gained from tracking, the book’s in-depth analysis of popular for-profit health apps engages with such particulars as the following: the strategic framing of health in health apps; the cultural tendency to presume we are unhealthy until we have proven we are healthy; the key concepts of autonomy, vulnerability, trust, and manipulation; how health apps develop ongoing profitable relationships with users; and use of misleading and aggressive commercial practices. The author argues that the European Union’s Unfair Commercial Practices Directive, when informed by ethical considerations, offers promising legal solutions to the manipulation concerns raised by popular for-profit health apps. The book will be welcomed not only for its incisive scrutiny of the health app phenomenon but also for the light it sheds on the wider problems inherent in the digital society—what digital environments know about their users, how they use that knowledge, and for which purpose. Its progress from an ethical approach to legal solutions will recommend the book to lawyers concerned with business practices, human resources professionals, policymakers, and academics interested in the intersection of ethics and law.
Protecting Individuals Against The Negative Impact Of Big Data
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Author : Manon Oostveen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-07-13
Protecting Individuals Against The Negative Impact Of Big Data written by Manon Oostveen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-13 with Law categories.
In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.
Research Handbook On Intellectual Property And Technology Transfer
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Author : Jacob H. Rooksby
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
Research Handbook On Intellectual Property And Technology Transfer written by Jacob H. Rooksby and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
Written by leading experts from across the world, this Handbook expertly places intellectual property issues in technology transfer into their historical and political context whilst also exploring and framing the development of these intersecting domains for innovative universities in the present and the future.
The Harmonization And Protection Of Trade Secrets In The Eu
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Author : Jens Schovsbo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-07-31
The Harmonization And Protection Of Trade Secrets In The Eu written by Jens Schovsbo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-31 with Law categories.
This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention, using the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Written by a team of international experts, it discusses and analyses national implementation of the Directive and explores the effects of the new regime on contentious issues and crucial sectors such as big data and AI.
Developments And Directions In Intellectual Property Law
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Author : Hayleigh Bosher
language : en
Publisher: Oxford University Press
Release Date : 2023
Developments And Directions In Intellectual Property Law written by Hayleigh Bosher and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of the award-winning intellectual property blog, The IPKat. Bringing together eminent practitioners, academics, and former contributors, this book reflects on the most important developments in intellectual property law, policy, and practice.
Between Truth And Power
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Author : Julie E. Cohen
language : en
Publisher: Oxford University Press
Release Date : 2019
Between Truth And Power written by Julie E. Cohen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Business & Economics categories.
This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.
Research Handbook On Intellectual Property And Digital Technologies
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Author : Tanya Aplin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-01-31
Research Handbook On Intellectual Property And Digital Technologies written by Tanya Aplin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-31 with Law categories.
This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.