Intellectual Property Law Commons^™

Ame's Rebranding Strategy To Build Brand Identity And Enhance Stronger Competitiveness, Michelle Adelia Sentosa, Aniendya Christianna

International Review of Humanities Studies

This research analyses AME's rebranding process to build a strong brand identity and increase competitiveness in the fashion industry. Using a descriptive qualitative method, data was collected through in-depth interviews, observations, and documentation studies. The results showed that AME's rebranding involved visual design changes as well as adjustments to the brand's vision and mission. The new illustration and packaging elements successfully attracted consumers' attention and created a positive experience, which resulted in increased sales and positive responses from consumers. The findings provide valuable insights into rebranding strategies in the fashion industry and their implications for brand identity and business performance, …

Social Media Optimization Of Ramampa Resto & Bar As A Visual Strategy, Monique Pricilya Oei, Aniendya Christianna

International Review of Humanities Studies

In the digital era, social media has become an important marketing tool for businesses, including the culinary industry. This study examines the use of motion graphics to develop the social media presence of Rarampa Resto and Bar, a restaurant serving Manado cuisine and healthy MSG-free food, located in South Jakarta. Although the restaurant has a loyal customer base, particularly from the 40-60 age group, its social media content fails to attract younger audiences, especially millennials, who seek unique and authentic culinary experiences. This study suggests that Rarampa's social media content, which mainly focuses on event photography and the restaurant's ambiance, …

The Construction Of The Image Of The “Ideal Wife” In Intercultural Marriages: A Case Study On The Youtube Video “Younger Singapore Men Looking For Vietnam Brides, Li Jie

International Review of Humanities Studies

This study explores the process of constructing the image of the “ideal wife” in intercultural marriages, using the video Younger Singapore Men Looking for Vietnam Brides as a case study. It analyzes the economic and cultural motivations of Singaporean men in choosing Vietnamese wives. By applying Judith Butler’s theory of gender performativity and Henri Tajfel’s social identity theory, the study examines how Vietnamese brides are symbolized as the “ideal partner” and how this phenomenon reflects modern gender role conflicts and identity reconstruction. Through an analysis of interviews in the video and relevant comments, the research reveals the dynamic interaction between …

China's Cultural Diplomacy And Its Engagement With The Peranakan Community In Malacca, Kotchaphop Kornphetcharat, Lee Yuen Thien

International Review of Humanities Studies

China's cultural diplomacy utilizes a range of strategies, including cultural exchange programs, media outreach, and people-to-people interactions, to further its national interests and enhance its international image. The primary aims are to foster a positive perception of China, build mutual understanding and trust with other nations, and expand China's cultural and economic influence. The overseas Chinese community in Southeast Asia has been recognized as a crucial conduit for advancing Chinese cultural policy globally. Recently, the Chinese government has conducted official visits to the Baba & Nyonya Heritage Museum in Malacca, Malaysia, exemplifying its efforts to engage with the local community. …

Exploring The Ontological Basis Of Law: Joseph Raz's Views On Normativity Within The Framework Of Legal Realism, Artha Debora Ads Silalahi, Rizal Mustansyir, Sindung Tjahyadi

International Review of Humanities Studies

This study explores the moral ontology of law within the framework of Legal Realism, contextualizing law as both a social institution and an institution of justice. Drawing on Joseph Raz's perspectives on practical reason, normativity, and the foundations of norms, the analysis examines how law, as a practical guide, inherently carries moral dimensions in regulating social interactions and pursuing justice. Legal Realism frames law as a dynamic product of human interaction within a social context, while Raz's philosophical insights illuminate the interplay between practical reasoning, normativity, and legal structures. By focusing on the moral underpinnings of legal norms, this paper …

Problems Of Obligation To Use Indonesian As Trademarks Against International Principles Concerning Words As Mark, Hosiana Daniel Adrian Gultom, Agus Sardjono, Henry Soelistyo Budi, Untung Yuwono

Indonesian Journal of International Law

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This …

Discovery, Injury, And Diligence: Reconciling Subjective And Objective Copyright Limitations Standards Post-Warner Chappell, Dennis D. Crouch, Timothy Knight

Faculty Publications

This Article examines the evolving interpretation of the Copyright Act's statute of limitations in light of RADesign, Inc. v. Michael Grecco Productions, Inc., a case pending before the Supreme Court. Following the Court's decision in Warner Chappell Music, Inc. v. Nealy (2024), which left open the question of whether copyright claims can be based on infringement occurring more than three years prior, the circuit courts remain split on whether the three-year statute of limitations runs from the time of infringement (the "injury rule") or from when the copyright holder discovers the infringement (the "discovery rule"). Through analysis of the Grecco …

The Law And Ethics Of Ai Creativity, Haochen Sun

St. John's Law Review

(Excerpt)

This Article comprises three parts. In Part I, after demonstrating that creativity is a social process, I explore the ethical principles of originality, attribution, and authenticity of creative activities. In Part II, I scrutinize the opacity of AI systems in the collection, utilization, and generation of works, highlighting the need for a greater focus on the legal and social problems arising from these black box processes. Lastly, in Part III, I explore why the ethical principles of originality, attribution, and authenticity should govern AI creativity, and how they would lead to the adoption by AI companies of filtering and …

The Future Of Money: How The Digital Revolution Is Transforming Currencies And Finance, Sohini Banerjee Ms, Pratik Datta Mr

Indian Journal of Law and Technology

The book ‘The Future of Money: How the Digital Revolution is Transforming Currencies and Finance’, written by Eswar Prasad, and published in 2021 by the Belknap Press of Harvard University Press, is timely and thought-provoking. It provides a bird’s eye view of the noteworthy developments in finance in the past few decades, and predicts that we are on the verge of an even more dramatic transformation having significant economic, political, and social ramifications. For this reason, it is richly deserving of a review. This paper aims to critically analyse the same.

The Right To Receive Information: Conceptual Problems, Shrutanjaya Bhardwaj Mr

Indian Journal of Law and Technology

This article studies the “right to receive information” or the “right to know”, a judicially-recognised right under Article 19(1)(a) of the Constitution. It attempts to show, through an analysis of judgments of the Supreme Court and High Courts, that the right rests on a shaky philosophical foundation and that there are inconsistencies in how the right is judicially treated in terms of its structure and content.

First, the article questions the logic that the “right to know” is implicit in Article 19(1)(a) merely because it makes the exercise of free speech more meaningful. Such a logic was authoritatively rejected by …

Antitrust Concerns Vis-A-Vis Disruptive Innovation – Takeaways For Competition Commission Of India, Sudhanshu Kumar Dr, Garima Gupta Ms

Indian Journal of Law and Technology

In the era of innovation, market dynamics have evolved demanding a more nuanced analysis of market competition. Innovation in digital economy does promise new products and services but it can be an amiable reality only if it is directed towards ensuring consumer welfare and a free markets space for players. Since digital markets attract innovators and disruptors, it is important for antitrust regulators to differentiate between efforts directed towards value-creation and ones aimed at destroying or impeding the same. This paper aims at theorizing around the idea of ‘disruptive innovation’ and its implications for competition policy for India. The paper …

Continuing Discrimination In The Times Of Technology: Women, Work, Algorithms And Law In India, Sejal Chandak Ms

Indian Journal of Law and Technology

Human societies are discriminatory. So, it has been an unrelenting effort to eliminate what divides us. While there have been leapfrog developments in this regard, we need to consider newer challenges now that technology is taking over public and private spaces. The author, in this article, discusses gender-based algorithmic discrimination in workplaces and argues that there is an urgent need to enforce laws for regulating algorithmic discrimination. India is in a precarious position. It has been consistently faring poorly when it comes to the gender gap in work. It lacks a comprehensive and codified anti-discriminatory law; and lacks laws to …

Conceptualising India’S Safe Harbour In The Era Of Platform Governance, Vasudev Devadasan Mr.

Indian Journal of Law and Technology

The push for greater regulation of online platforms has led to calls to re-evaluate the statutory immunities granted to online intermediaries for hosting unlawful third-party content (i.e., safe harbour). This paper argues that greater accountability for online platforms need not interfere with existing (and indeed strengthened) safe harbour protections. However, to achieve this outcome, legislators must recognise the difference in enforcement approaches between secondary liability and platform governance regimes. This paper argues the types of obligations that can be imposed as pre-conditions to safe harbour are different from those that can be imposed as direct statutory obligations. This is because …

The Navajo Nation And The Colorado River: Their Current Statuses And The Tribe's Path Forward, Colton Gregg

American Indian Law Journal

No abstract provided.

The Paradoxical Solution To Enforce Resale Royalties And Keep The Nft Market Decentralized, Katelyn Holcomb

Washington Journal of Law, Technology & Arts

This article examines the role of resale royalties in maintaining decentralization in the NFT ecosystem and supporting financial sustainability for artists. Although resale royalties, also known as creator royalties, are widely valued by NFT artists, they have been frequently undermined by the centralized policies of large NFT marketplaces. These include zero-royalty policies that are driven by the competitive pressure to gain market share, where platforms allow buyers and sellers to bypass creator royalties. This behavior has led to a destructive race to the bottom and the overall erosion of resale royalties. To address this problem in the NFT market, this …

The Compact Clause And Cyberwar, Josie Laing

Washington Journal of Law, Technology & Arts

This article seeks to bring attention to the potential modern utility of Article 1, Section 10, Clause 3: the Compact Clause. This section of the Constitution has historically been archived. However, given cyberspace’s ever-growing prominence, the Compact Clause should be reconsidered as cyber warfare presents a novel opportunity for states to exercise their sovereign rights.

Section 10 restricts states’ powers to engage with foreign entities. Without the consent of Congress, states cannot enter into agreements with foreign powers or engage in war. These restrictions on states were necessary when the Constitution was drafted. To navigate foreign affairs nimbly, the United …

Carano V. Disney: The First Amendment Right Of Expressive Association As A Defense To Firing Employees For Their Political Speech, Joel Timmer

Washington Journal of Law, Technology & Arts

Following a series of controversial social media posts by actress Gina Carano, a cast member of the Disney+ Star Wars series, The Mandalorian, Disney terminated her employment on the show and announced that Carano would not appear in any future Star Wars projects. According to Disney, Carano was terminated because the views expressed in her posts did not align with the company’s values. Carano filed suit against Disney, claiming Disney violated California state labor laws that generally prohibit employers from sanctioning employees for their political activities. In response, Disney claims that the First Amendment right of expressive association provides …

Accelerating Biosimilar Market Access: The Case For Allowing Earlier Standing, S. Sean Tu, Rachel Goode, Matthew Turner, Victor Van De Wiele

Law Faculty Scholarship

Biosimilars, which are affordable alternatives to biologic medicines, face delays in market entry due to the current patent litigation framework under the Biologic Price Competition and Innovation Act. Currently, biosimilar manufacturers can only initiate patent litigation to attempt to clear weak and invalid patents after submitting their Biologic License Application to the Food and Drug Administration (FDA), which happens after completing extensive, and costly clinical trials. By contrast, generic drug manufacturers can start litigation earlier due to shorter development times and less stringent clinical requirements, allowing them to launch immediately after the primary patent expires. We propose allowing biosimilars to …

Human Liability In Semi-Autonomous Vehicles, Omri Rachum-Twaig, Gadi Perl

Fordham Intellectual Property, Media and Entertainment Law Journal

The promise of fully autonomous vehicles has faced repeated delays, with widespread availability now projected to be limited to specific routes or geographic areas in the near future. Instead, conditional or semi-autonomous systems (SAE Level 3) are being introduced, where the vehicle can drive autonomously under limited conditions but still requires a human driver to take control when necessary. This paper examines the regulatory and liability challenges posed by these semi-autonomous vehicles. Existing laws have gaps in addressing the ambiguous responsibility of the human driver in the shared control environment of Level 3 autonomy. Factors like fatigue, lack of …

“Fly Me To The Moon . . . & Back”: The Intricate Interplay Between Copyright Law And Space Law, Marco Franzoso

Fordham Intellectual Property, Media and Entertainment Law Journal

This research focuses on the intricate interplay between two branches of law: copyright and space law. Through various scenarios, some real and some hypothetical, it underlines the inefficacy of the terrestrial copyright principle, namely the lex loci protection, when applied to outer space endeavors. In outer space, the law where the infringement arises is useful only when the jurisdiction is clear, which is on board of registered space objects; however, that is not even the case for all space objects. On board poli-jurisdictional entities, such as the ISS, the lex loci protectionis fails to provide a clear legal framework, at …