Law Commons^™

Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation …

Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan

Matthew Rimmer

Mitigating and adapting to the effects of climate change will require innovation and the development of new technologies. Intellectual property laws have a key part to play in the global transfer of climate technologies. However, failures to properly utilize flexibilities in intellectual property regimes or comply with technology transfer obligations under international climate change agreements calls for a human rights based analysis of climate technology transfer. Climate change is an unprecedented challenge and requires unprecedented strategies. Given the substantial impact of climate change on all of humanity and the ethical imperative to act, a complete rethink of traditional intellectual property …

Owning The New Economy: A Guide To Intellectual Property Management For Australia's Clean Technology Sector, Kane Wishart

Matthew Rimmer

Australia's history of developing and managing the intellectual property rights of domestic innovations is – at best – mixed. The relevant immaturity of Australia's public sector commercialisation infrastructure has, over recent decades, been the subject of both stinging academic commentary and not insubstantial juridical disbelief. That said, improvements have been observed, and increasingly, private sector involvement in public sector innovation has allowed for a deepening refinement of domestic approaches to IP retention and ongoing management. Rather than a bare critique of Australia's IP management track-record, or a call for specific law reform, this manual engages at a more practical level …

A Supplementary Submission On Trojan Horse Clauses: Investor-State Dispute Settlement, Matthew Rimmer

Matthew Rimmer

Executive Summary This supplementary submission considers a number of new developments in Investor-State Dispute Settlement in Canada, North America, the European Union, and Africa. This supplementary submission highlights the application of Investor-State Dispute Settlement in the context of water rights, intellectual property, and media regulation. This supplementary submission also highlights the conflict between domestic courts and international tribunals in Investor-State Dispute Settlement, raising significant issues about the rule of law and justice. Recommendation 14 In light of the work of Maude Barlow and the Council of Canadians, it is evident that Investor-State Dispute Settlement has a significant impact upon water …

Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh

Shubha Ghosh

The Federal Circuit was established in 1982 as an appellate court with limited jurisdiction over patent claims. However, the Federal Circuit has used this limited jurisdiction to expand its reach into contract law, developing a federal common law of contract. Given the growing importance of patent litigation in the past three decades, this creation of an independent body of contract law creates uncertainty in transactions involving patents. This troublesome development received attention in Stanford v Roche, a 2011 Supreme Court decision upholding the Federal Circuit's invalidation of a patent assignment to Stanford University. This Article documents the development of …

A Submission To The Joint Standing Committee On Treaties On The Korea-Australia Free Trade Agreement (Kafta), Matthew Rimmer

Matthew Rimmer

Australia and South Korea have signed a new free trade agreement - the Korea-Australia Free Trade Agreement (KAFTA). Is it a fair trade fairytale? Or is it a dirty deal done dirt cheap? Or somewhere in between? It is hard to tell, given the initial secrecy of the negotiations, and the complexity of the texts of the agreement There has been much debate in Parliament over the transparency of the trade agreement; the scope of market access provided under the deal; the impact of the investment chapter, with its investor-state dispute settlement clause; the intellectual property chapter; the environment chapter; …

An Investigation Of The Role Of Wipo Arbitration Rules In Intellectual Property Dispute Resolutions, Hamid Nasseri

Hamid Nasseri

Abstract

WIPO arbitration rules which became imperative in 2002 is one of the most comprehensive and professional rules for the settlement of intellectual property disputes. These arbitration rules are the best in settling intellectual property disputes when we take into consideration the significant issues relevant to the procedure of settling intellectual property disputes such as: the possibility of direct access of individuals to arbitration, the speed of arbitration, professionalism, organizational claims, predictions of the likelihood of appeal to alternative approaches, confidentiality of arbitration as well as the arrangement of protection schemes.

Trojan Horse Clauses: Investor-State Dispute Settlement. A Submission To The Australian Parliament., Matthew Rimmer

Matthew Rimmer

‘The Trans-Pacific Partnership (TPP) proposes to freeze into a binding trade agreement many of the worst features of the worst laws in the TPP countries, making needed reforms extremely difficult if not impossible. The investor state dispute resolution mechanisms should not be shrouded in mystery to the general public, while the same provisions are routinely discussed with advisors to big corporations.’ Professor Joseph Stiglitz, Nobel Laureate in Economics

‘Investment arbitration as currently constituted is not a fair, independent, and balanced method for the resolution of disputes between sovereign nations and private investors.’ Retired Justice Elizabeth Evatt and leading jurists

‘Opening …

Se Venden Tabas, Micas, Chelas Y Puchos: Sobre Las Jergas Y/O Peruanismos Como Signos Distintivos, Javier André Murillo Chávez, Miryam Stephanie Palacios Mendoza

Javier André Murillo Chávez

No abstract provided.

The New Law Of Ideas, Robert Denicola

Robert C Denicola

The New Law of Ideas Robert C. Denicola Most businesses run on ideas—ideas for new products, new production methods, and new marketing strategies. Since at least the middle of the last century rights in ideas have been analyzed under a body of law that came to be called “the law of ideas.” Dominated by contract principles, the law of ideas also subsumed an array of additional theories regularly invoked to protect idea merchants, including property-based causes of action such as conversion and misappropriation, quasi-contractual claims premised on unjust enrichment, and claims alleging breaches of confidence, fiduciary duty, and loyalty. Texas …

Aereo's Errors, Ira Steven Nathenson

Ira Steven Nathenson

This article scrutinizes the many troubling errors made by the United States Supreme Court in its decision in American Broadcasting Companies, Inc. v. Aereo, Inc. Aereo’s streaming television service allowed subscribers to watch broadcast television on a computer, tablet, or smartphone without requiring them to be directly connected to cable, satellite, or a local antenna. Aereo’s system was designed to comply with existing copyright law by using thousands of antennas, each of which was designated for only one subscriber at a time. Aereo was sued for copyright infringement by a number of leading television broadcasters. The United States Supreme Court, …

Innovation & Intellectual Property: Collaborative Dynamics In Africa

Chidi Oguamanam

No abstract provided.

Current Realities Of Collaborative Intellectual Property In Africa, Chidi Oguamanam, Jeremy De Beer, Chris Armstrong, Tobias Schomwetter

Chidi Oguamanam

The research in this publication shed new light on the diverse nature of innovation and creativity in African settings, and on the different IP policies and practices related to innovation and creativity on the continent. When linked with broader development objectives and models, these findings offer insights into the nature of IP-related dynamics in relation to innovation and creativity in Africa, and guidance towards IP policy and management possibilities. Section 2 of this publication looks at the modalities of innovation and creativity uncovered through the case studies. Section 3 examines collaborative IP approaches across the studies. Section 4 looks at …

Data Scraping And Abuse Of Dominance In Travel Services: Story Of An Antitrust Guerrilla, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

Usando La Camiseta De Indecopi En El Poder Judicial: Trazos Sobre El Proceso De Modificación De Denominación O Razón Social Por Conflicto Con Signos Distintivos, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

El Product Placement Al Descubierto. Los Actos De Competencia Desleal Y El Uso De Marca En El Guión O Secuencias De Películas, Series De Televisión Y Programas, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett

Griffin M. Barnett

This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.

Do Trademark Lawyers Matter?, Deborah R. Gerhardt

Deborah R Gerhardt

DO TRADEMARK LAWYERS MATTER? Deborah R. Gerhardt Jon P. McClanahan This Article empirically examines whether lawyers make a difference in prosecuting trademark applications, and if so, how much. Working from a wealth of data the USPTO released in 2012, we examine the twenty-five year period of 1985-2010 to determine how much legal counsel matters in various stages of the trademark application process. First, we show how trademark publication and registration rates changed. Against that background, we examine how these rates differ if the applicant had legal counsel. By illustrating these differences over time, we show whether the USPTO has become …

Desktop Piracy Factories: Will Existing Law Be Enough?, Andrew J. Daddono

Andrew J Daddono

A brief essay on how the disruptive technology found in 3D printing will affect the future of our existing legal regimes for intellectual property, what foreseeable problems there are, and possible ways that we may address them.

Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin

Maxim Tsotsorin

Over the past couple decades piracy has become a relatively low-cost business – available technology has made making a copy of a videogame as easy as ripping off a music CD on your personal laptop – with a click of a button. Digital color copiers make CD inserts that look better than originals, and printing technology allows printing on CDs without messy stickers. In the Internet universe, multitude of bit-torrents and peer-to-peer sharing platforms provide videogame pirates with an unlimited distribution market and low cost operations. The industry’s countermeasures, however, also has not stayed still. The game developers employ a …

Super-Intermediaries, Code, Human Rights, Ira Nathenson

Ira Steven Nathenson

We live in an age of intermediated network communications. Although the internet includes many intermediaries, some stand heads and shoulders above the rest. This article examines some of the responsibilities of “Super-Intermediaries” such as YouTube, Twitter, and Facebook, intermediaries that have tremendous power over their users’ human rights. After considering the controversy arising from the incendiary YouTube video Innocence of Muslims, the article suggests that Super-Intermediaries face a difficult and likely impossible mission of fully servicing the broad tapestry of human rights contained in the International Bill of Human Rights. The article further considers how intermediary content-control procedures focus too …

Open Minds: Lessons On Intellectual Property, Innovation And Development From Nigeria, Chidi Oguamanam, Jeremy De Beer

Chidi Oguamanam

A more robust and nuanced understanding of the role IP really plays in society is, in turn, a prerequisite to creating IP systems that drive innovation, economic growth, and human freedom. A holistic appreciation of not just laws and policies, but also practices related to IP and innovation will help developing countries design appropriate, context-specific systems of knowledge governance. To this end, this chapter offers an analysis of WIPO’s key role in IP training and education in developing countries, a country-specific case study of the Nigerian experience, and some strategic recommendations for creating a more open-minded IP education system. It …

Intellectual Property, Ag-Biotech And The Right To Adequate Food: A Critical African Perspective, Chidi Oguamanam

Chidi Oguamanam

Recent transformations in agricultural innovations have resulted in the consolidation of intellectual property rights in the agricultural arena resulting in an ongoing struggle for the control of plant genetic resources. For many developing countries, especially in Africa, traditional and communal-based artisanal farmers are the producers of over three quarters of regional food supply. But contemporary techno-legal transformations in agriculture undermine the critical role of these informal actors in a manner that aggravates the state of regional food insecurity in Africa. The aspirations of African countries to implement their obligations in regard to the right to adequate food under the International …

Open Innovation In Plant Genetic Resources For Food And Agriculture, Chidi Oguamanam

Chidi Oguamanam

No abstract provided.

Trade Marks: Single Colours Can Be Protected (And Competitors See Red)., Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

Likehood Of Confusion In Composite Trademarks: A Tale Of Alcoholic Deer, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

Surveying Recent Scholarship On Fair Use: A Conversation, Jessica M. Silbey

Jessica Silbey

A conversation about recent books discussing copyright fair use with Rebecca Tushnet, Peter Decherney and Bill Herman.

Basic Copyright Exceptions For Educators, Bryan M. Carson

Bryan M. Carson

Published by the Faculty Center for Excellence in Teaching at Western Kentucky University, this work provides a basic overview of some of the copyright issues that college faculty regularly encounter. The booklet is written in plain language for a non-legal audience. It covers issues related to fair use, the education and library exceptions to copyright and the T.E.A.C.H. Act. The booklet also explains some of the legal rules for performing and displaying materials, films, and musical works in face-to-face and online classes. The booklet also discusses the relationship between copyright and plagiarism, and suggests ways of teaching students about both …

A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer

Matthew Rimmer

“If Hollywood could order intellectual property laws for Christmas, what would they look like? This is pretty close.” David Fewer“While European and American IP maximalists have pushed for TRIPS-Plus provisions in FTAs and bilateral agreements, they are now pushing for TRIPS-Plus-Plus protections in these various forums.” Susan Sell“ACTA is a threat to the future of a free and open Internet.” Alexander Furnas“Implementing the agreement could open a Pandora's box of potential human rights violations.” Amnesty International.“I will not take part in this masquerade.” Kader Arif, Rapporteur for the Anti-Counterfeiting Trade Agreement 2011 in the European ParliamentExecutive SummaryAs an independent scholar …

Making Sense Of Intellectual Property Law, Christopher J. Buccafusco

Christopher J. Buccafusco

Intellectual property (IP) scholars have long struggled to explain the boundaries of and differences between copyright and patent law. This Article proposes a novel explanation: copyright and patent can be fruitfully understood as establishing a dichotomy between the different human senses. Copyright has bracketed works addressed to the senses of sight and hearing, and it treats products appealing to touch, taste, and smell as functional and, thus, uncopyrightable. To the extent the latter receive IP protection, it is through the utility patent regime. The Article begins by establishing this descriptive proposition, and it shows how some of the most contested …