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Articles 1 - 11 of 11
Full-Text Articles in Law
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. …
Digital Killed The Analog Star: An Evaluation Of Copyright Law And Its Effects On The Modern Jazz Musician, Anne Wamsley
Digital Killed The Analog Star: An Evaluation Of Copyright Law And Its Effects On The Modern Jazz Musician, Anne Wamsley
Undergraduate Theses
This paper is a survey of modern American copyright law and an analysis of its effectiveness in the digital age through the use of grounded theory research practices, including a review of precedent and history of copyright law and interviews of jazz musicians that have varied levels of experience in different positions throughout the industry. Since music has become a commodity, it has needed to be protected by the law to ensure that musicians are paid fairly for the consumption of their work. Before the modern era, musicians made their living predominantly from record, tape, and CD sales, making concert …
Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik
Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik
Electronic Thesis and Dissertation Repository
American scholar, Mark Bartholomew, predicted in 2018 that a new kind of neuroscientific evidence would help businesses involved in lawsuits connect their trademarks with the public’s perception of their trademarks. Bartholomew coined the term "neuromarks’ for this evidence. Bartholomew focused on U.S. trademark law. This research demonstrates, looking at both Canada’s domestic law and Canada’s relevant international treaties and trade agreements, that such evidence has not yet been used (in 2022) in trademark litigation in Canadian courts or tribunals but that there appears to be no legal barrier to its use in future in Canada. This research notes that neuroscience …
Intellectual Property For New Entrepreneurs, Michael Johnston
Intellectual Property For New Entrepreneurs, Michael Johnston
Honors Projects
Abstract – New entrepreneurs, regardless of age, encounter several barriers regarding intellectual property. My research posits that new entrepreneurs are burdened by both informational barriers and lack of resources. A data driven analysis of this problem produced an easy to comprehend guide targeted to new entrepreneurs. This paper presents a subjective guide for entrepreneurs that details patents, trademarks, copyrights, and licensing.
The Right To Food And The Right To Intellectual Property In The United Nations (Including International Human Rights) And International Trade: Finding The Definition, Darinka Tomic
Electronic Thesis and Dissertation Repository
Intellectual property (IP) is omnipresent in both the context of the United Nations (UN) system (including international human rights law and the World Intellectual Property Organization (WIPO)), and international trade law, while the right to food has a much lower international profile. IP moved into international trade in 1994 through the TRIPS Agreement. The right to food has no presence in international trade. These two rights are the focus of this study – but are contrasted with several other rights: the right to health and the rights of persons with disabilities. The right to health was not present in …
Uncovering The Confusing Influence Experts Have On Music Copyright Cases, Arata-Enrique Kaku
Uncovering The Confusing Influence Experts Have On Music Copyright Cases, Arata-Enrique Kaku
Honors Projects
Contemporary copyright decisions by Federal Courts perplex composers; am I the creative composer, or am I an infringer on someone else’s intellectual property? By forming a temporary monopoly to monetize new content, copyright protection incentivizes artists to be fruitful. In a creative field like music, an overly broad definition of copyrightable expression can lead to a “chilling effect” on creativity. This chilling effect is exacerbated by the great latitude given expert witnesses to claim infringement based on broad classifications of expressions. My paper addresses the question: To what extent should expert witnesses be probative when they extend ownership rights beyond …
National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen
National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen
Master's Theses and Doctoral Dissertations
Recent studies indicate that the United States is trailing other countries in technological innovation and competitiveness. This case study examined national security policy constraints on technological innovation, specifically the Invention Secrecy Act. It focused on the social constructs of collaboration and interdisciplinary knowledge in the aerospace industry. The methodology included historical research, data collection, and semi-structured interviews with experts from academia, general industry, government and public policy, aerospace/defense industry, and federal government. The results of the study suggested that since World War II, national security policies have not been clearly and consistently defined, interpreted, or implemented. This lack of clarity …
Intellectual Property And Its Alternatives: Incentives, Innovation And Ideology, Michael B. Mcnally
Intellectual Property And Its Alternatives: Incentives, Innovation And Ideology, Michael B. Mcnally
Electronic Thesis and Dissertation Repository
This dissertation examines the ability of intellectual property and its alternatives to both facilitate and impede innovation. The thesis begins by positing that a more detailed and nuanced understanding of alternatives to intellectual property is required so that such alternatives can be effectively used to mitigate the problems of the expansionary intellectual property regime. The thesis is that substantive alternatives to intellectual property utilize a broader range of incentive structures to encourage the production and distribution of intellectual goods, facilitate greater access to such goods and their informational content and engender innovative outcomes that go beyond the narrow, instrumentalist goals …
Intellectual Property Rights In Sub-Saharan Africa, Sope Adegoke
Intellectual Property Rights In Sub-Saharan Africa, Sope Adegoke
CMC Senior Theses
Globalization of the world economy has made knowledge a critical element of effectiveness in the world economy. Current economic and trade conditions change rapidly and require constant improvement to ensure economic development. These conditions stimulate innovation and improvements in technology, designs, and other tangible and intangible assets. Most Sub-Saharan African countries have not exploited the benefits that intellectual property rights offer to its users, despite considerable improvements to existing knowledge and options for protecting knowledge. Strong intellectual property laws are important for effective incentives to invent continuously. It is important to provide some form of compensation and guarantee that their …
The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi
The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi
CMC Senior Theses
In December of 2010, Costco v. Omega came down from the Supreme Court. The Switzerland-based watchmaker Omega sold Seamaster Collection watches, which were affixed with its copyrighted logo, in the United States as well as in foreign markets. Omega priced watches in the United States market higher than elsewhere. Costco obtained Omega’s watches from a third party that had purchased the watches abroad, then sold them at its membership warehouses for cheaper prices than authorized Omega dealers in the United States. Consequently, Omega sued Costco for copyright infringement. Costco pursued a defense based on the first sale doctrine in response. …
Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul
Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul
Theses and Dissertations
It is undeniable that databases are an essential building block of the Information Society. Today, every business in developed countries operates fully based upon clientele databases, economic statistics, and industries profiles; and innovation and invention rely heavily on collections of facts, data and information that scientists discovered in research and development or exchanged among them. Legislatures have envisaged a need and significance of the free flow of access to information, thereby prescribing copyright protection only to creative selection and arrangement of the contents of databases, not the factual contents contained within. However, the advent of technology avails unconventional methods of …