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J. Janewa Osei-Tutu

Selected Works

Intellectual property

Articles 1 - 4 of 4

Full-Text Articles in Law

Using Intellectual Property Law To Promote Human Flourishing For “Market Women” | Section Of Intellectual Property Law.Pdf, J. Janewa Osei Tutu Mar 2018

Using Intellectual Property Law To Promote Human Flourishing For “Market Women” | Section Of Intellectual Property Law.Pdf, J. Janewa Osei Tutu

J. Janewa Osei-Tutu


IP laws can be used as a tool for promoting human flourishing and human development if entrepreneurial women in developing countries, such as Ghana, can better use IP rights to advance and promote their enterprises. For example, while driving from Accra to Cape Coast, I observed several small stalls on the side of the road with names on them. Clearly small enterprises, the stalls had no obvious branding aside from the handwritten names of the women who appeared to be the proprietors. These women wrote their names on their stalls —Abena, Akua, and Charity—in an attempt to distinguish their enterprises …


Socially Responsible Corporate Ip, Janewa Osei Tutu Dec 2017

Socially Responsible Corporate Ip, Janewa Osei Tutu

J. Janewa Osei-Tutu

Many companies practice corporate social responsibility (CSR) as part of their branding and public relations efforts. For example, as part of their CSR strategies, some companies adopt voluntary codes of conduct in an effort to respect human rights. This Article contemplates the application of CSR principles to trade-related intellectual property (IP). In theory, patent and copyright laws promote progress and innovation, which is why IP rights are beneficial for both IP owners and for the public. Trademark rights encourage businesses to maintain certain standards and allow consumers to make more efficient choices. Though IP rights are often discussed in relation …


Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, Janewa Osei Tutu Dec 2016

Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, Janewa Osei Tutu

J. Janewa Osei-Tutu

Global copyright and trademark laws protect symbols, names, and literary and artistic works. However, when their primary significance is cultural, because they are neither individual original works nor symbols that are used as commercial identifiers, intellectual property laws do not protect these symbols or artistic works. This is true, even if these goods are protected under national laws as part of that nation’s cultural heritage. Once these cultural goods cross borders, there is no international law that will enable the country from which these goods originate to assert its rights in other countries. This Article characterizes these cultural goods as …


Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu Dec 2014

Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu

J. Janewa Osei-Tutu

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …