Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Brand (1)
- Codex Alimentarius Commission (1)
- Coexistence (1)
- Conflict (1)
- Copyright (1)
-
- Copyright collectives (1)
- Copyright tribunals (1)
- Defamation (1)
- Enough and as good (1)
- Expectations (1)
- Fair dealing (1)
- Fair use (1)
- Geographical Indications (1)
- Geographical indications (1)
- Higher education (1)
- Intellectual Property (1)
- Intellectual property (1)
- Intellectual property; critical analysis (1)
- John Locke (1)
- Labelling of Genetically Modified Food and Food Labelling. (1)
- Moral Rights (1)
- Nonobviousness (1)
- Official Marks (1)
- Paris Convention (1)
- Patent law (1)
- Performance right; copyright law (1)
- Policy (1)
- Prohibited Marks (1)
- Property (1)
- Reputation (1)
Articles 1 - 6 of 6
Full-Text Articles in Entire DC Network
The Development Of An Expectations Theory Of Patent Law By Creating A Nexus With John Locke's Theory Of Private Property, Jason D. Newman
The Development Of An Expectations Theory Of Patent Law By Creating A Nexus With John Locke's Theory Of Private Property, Jason D. Newman
Electronic Thesis and Dissertation Repository
Abstract
This thesis reviews the Lockean justification of private physical property as an explanation for patent “property,” identifies its weaknesses, and modifies it to create a new theory of patent law based on expectations. After describing the characteristics of technical information, that description is applied to three different interpretations of the Lockean condition which demonstrate a strain in defining technical knowledge as property. The technical information paradigm is then applied to an expectations theory, which demonstrates a broad connection to the Lockean conditions, but maintains a fit within a wider patent law interpretation. The expectations theory also creates an avenue …
Reputation As The Key Link Amongst Moral Rights, Prohibited Marks, And Geographical Indications, Darinka Tomic
Reputation As The Key Link Amongst Moral Rights, Prohibited Marks, And Geographical Indications, Darinka Tomic
Electronic Thesis and Dissertation Repository
Moral rights, prohibited marks, and geographical indications (GI) appear in Canadian intellectual property (IP) statutes and international IP instruments – but do not mirror the characteristics of the classic IP triad (patents, copyrights, and trademarks). The classic triad are alienable (tradeable, licensable, able to be transferred away by their owners). Moral rights, prohibited marks, and GI are inalienable (not able to be transferred to others by the persons entitled to them) and thus distinguishable from classic IP. This research demonstrates another characteristic setting moral rights, prohibited marks, and GI apart from classic IP: a common preoccupation with reputation or esteem. …
Laying The Foundation For Copyright Policy And Practice In Canadian Universities, Lisa Di Valentino
Laying The Foundation For Copyright Policy And Practice In Canadian Universities, Lisa Di Valentino
Electronic Thesis and Dissertation Repository
Due to significant changes in the Canadian copyright system, universities are seeking new ways to address the use of copyrighted works within their institutions. While the law provides quite a bit of leeway for use of copyrighted materials for educational and research purposes, the response by Canadian universities and related associations has not been to fully embrace their legal rights – rather, they have taken an approach that places emphasis on risk avoidance rather than maximizing use of materials, unlike their American counterparts. In the U.S., where educational fair use is arguably less flexible in application than fair dealing, there …
The Copyright Board And Tribunals Process: Users In The Balance, Louis J. D'Alton
The Copyright Board And Tribunals Process: Users In The Balance, Louis J. D'Alton
Electronic Thesis and Dissertation Repository
The wholesale adoption of copyright collective management as public policy tool has had an extraordinary impact on the information landscape. The unfettered expansion of collective rights organizations throughout the 20th century has resulted in increased social costs and a burgeoning bureaucracy surrounding the collective use of rights.
This thesis considers the role of copyright tribunals within that process, and more importantly within a critical historical frame. While some work has been done with respect to copyright tribunals and their role in the policy process, none of it has considered the tribunals within a critical frame. This thesis considers those …
Trademarks And Geographical Indications: Conflict Or Coexistence?, Melissa A. Loucks
Trademarks And Geographical Indications: Conflict Or Coexistence?, Melissa A. Loucks
Electronic Thesis and Dissertation Repository
Both trademarks and geographical indications are legal devices which regulate communication to markets about a product. Trademarks indicate the commercial origin of a good or service while geographical indications signal the geographic origin. Both tools also legally grant exclusive rights to certain uses of a word or symbol. Tension arises when the tools overlap on the same subject matter. The thesis asks: is coexistence between the devices in the TRIPS Agreement possible? Are the concepts of trademarks and geographical indications related? If so, how? If not, how? Does the marketing literature of business recognize both registered trademarks and geographical indications …
The Codex: Labelling Of Food Derived From Modern Biotechnology, Sowmya Latha Hemanahally Vishwanatha
The Codex: Labelling Of Food Derived From Modern Biotechnology, Sowmya Latha Hemanahally Vishwanatha
Electronic Thesis and Dissertation Repository
The Codex Alimentarius Commission is an international organisation tasked to develop global food standards. In 1993, it decided to develop standards for labelling food derived from modern biotechnology. Despite demands to discontinue its work and an inability to achieve consensus, the “Compilation of Codex texts relevant to labelling of food derived from modern biotechnology” was adopted in 2011. The Compilation accepts different approaches to labelling and comprises ten guidelines that need to be adopted in national labelling policies.
Two models of labelling are prevalent. The voluntary model of labelling allows corporations the choice to label. The mandatory model provides more …