Law Commons^™

Copyright And The Use Of Images As Biodiversity Data [Forum Paper], Willi Egloff, Donat Agosti, Puneet Kishor, David J. Patterson, Jeremy A. Miller

Concepts in Animal Parasitology Textbook

Taxonomy is the discipline responsible for charting the world’s organismic diversity, understanding ancestor/descendant relationships, and organizing all species according to a unified taxonomic classification system. Taxonomists document the attributes (characters) of organisms, with emphasis on those can be used to distinguish species from each other. Character information is compiled in the scientific literature as text, tables, and images. The information is presented according to conventions that vary among taxonomic domains; such conventions facilitate comparison among similar species, even when descriptions are published by different authors.

There is considerable uncertainty within the taxonomic community as to how to re-use images that …

Institutional Regime Shift In Intellectual Property Rights And Innovation Strategies Of Firms In China, Kenneth G. L. Huang, Xuesong Geng, Heli Wang

Research Collection Lee Kong Chian School Of Business

This study develops a novel conceptual framework to understand the differential impact of formal institutional regime shift in intellectual property rights on the innovation and patenting strategies of Chinese and Western firms operating in China. We argue that to the extent that Chinese firms have been deeply embedded in China’s informal institutions,they are less responsive to formal institutional changes than Western firms operating in China. Using the major China patent law reform of 2001 as an exogenous event, we find results consistent with our key arguments: With the strengthening of the previously weak (utility model) patent protection, Chinese firms are …

Indigenous Knowledge, Sam Grey

Sam Grey

Indigenous knowledge (IK) includes the expressions, practices, beliefs, understandings, insights, and experiences of Indigenous groups, generated over centuries of profound interaction with a particular territory. Its iterations and mechanisms are unique to each community, even where it shares certain features across groups by virtue of being embedded in a wider, common culture. In all locations IK is the foundation of Indigenous governance, ecological stewardship, social, ethical, linguistic, spiritual, medical, food, and economic systems, so that the continual production and reproduction of local, land-based knowledge is the basis of Indigenous identity and sense of place in the world, as well as …

Ethical Implications Of Intellectual Property In Africa, Dick Kawooya

Faculty Publications

No abstract provided.

Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma

San Diego Law Review

This Article attempts to provide the beginnings of a viable moral justification for recognizing and providing legal protection of intellectual property. The argument follows a line of arguments that is fairly characterized as “inspired” by John Locke’s attempt to justify legal protection of what he took to be a natural, objective, moral right to material property. That is to say, it is Lockean in spirit in the following sense: Locke grounds his argument for original acquisition in the idea that a person is justified in acquiring something from the commons in virtue of an investment he makes of something that …

A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore

San Diego Law Review

The primary, and perhaps sole, function of government according to Locke was to secure and protect the lives, liberties, and property of individuals who consented, explicitly or tacitly, to a specific political union. The question that I will address in this Article, and one that I took up over fifteen years ago, is: should we consider intellectual works to be the proper subjects of Lockean property claims? My answer then and now is “yes,” with the acknowledgement that such a view may require substantial revisions to Anglo-American systems of intellectual property. I will argue that intellectual property rights are no …

Managing The Intellectual Property Sprawl, Shubha Ghosh

San Diego Law Review

Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …

Review Essay, Property Outlaws: How Squatters, Pirates, And Protesters Improve The Law Of Ownership By Eduardo Moisés Peñalver And Sonia K. Katyal, Ann Bartow

Law Faculty Scholarship

[Excerpt] "This book challenges the notion that rigidly fostering stability in the private ownership of property is the only appropriate goal of the legal system. The authors assert that dynamic sociopolitical responses to civil disobedience by lawbreakers sometimes propel beneficial legal reforms in a wide array of contexts. Property outlaws with clean hands and good hearts, they argue, can productively draw attention to the need to reform ossified property laws. In the words sometimes attributed to the historical rock star of successful civil disobedience Mohandas Ghandi: “First they ignore you, then they ridicule you, then they fight you, and then …

The Politics And Economics Of Software Intellectual Property Rights : Interacting Policies Of The United States, United Kingdom, Romania, Turkey, And International Organizations, Ersan Ozkan

Legacy Theses & Dissertations (2009 - 2024)

The Intellectual Property Rights is one of the key issues of the global economy as knowledge has become a key element in international trade. As the process of digitalization spreads, Software Intellectual Property Rights (SIPR) have become essential to the development of computer software industry. However, some developing governments do not fulfill the requirements of protecting SIPR; as a result, western entrepreneurs lose huge amounts of money. In order to prevent losses, developed countries established various organizations to watch and guide developing countries on SIPR issue.

Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote

Sustainable Use of the West's Water (Summer Conference, June 12-14)

7 pages.

Contains references.