Paul Stoneman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199572489
- eISBN:
- 9780191722257
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572489.003.0003
- Subject:
- Business and Management, Innovation
This chapter takes a macro economic view and attempts to provide some feel for the extent of such innovation in the economy as a whole and the economic activities built upon it. At the macro level, ...
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This chapter takes a macro economic view and attempts to provide some feel for the extent of such innovation in the economy as a whole and the economic activities built upon it. At the macro level, indicators of soft innovation include the numbers of creative employees in different sectors, the extent of design activity, and head counts of copyrights and registered trademarks. The difference between the latter and indicators of R&D spending is considered as potentially the most useful on account of both concept and data availability. It is shown that that the extent of soft innovation in the creative and other industries is extensive, probably greater that that indicated by measures of formal R&D activity, and also growing faster than TPP activity. Across industries, the apparent balance in innovative effort between sectors after taking account of soft innovation is also shown to be much more even than reliance upon measures of TPP innovation alone would suggest.Less
This chapter takes a macro economic view and attempts to provide some feel for the extent of such innovation in the economy as a whole and the economic activities built upon it. At the macro level, indicators of soft innovation include the numbers of creative employees in different sectors, the extent of design activity, and head counts of copyrights and registered trademarks. The difference between the latter and indicators of R&D spending is considered as potentially the most useful on account of both concept and data availability. It is shown that that the extent of soft innovation in the creative and other industries is extensive, probably greater that that indicated by measures of formal R&D activity, and also growing faster than TPP activity. Across industries, the apparent balance in innovative effort between sectors after taking account of soft innovation is also shown to be much more even than reliance upon measures of TPP innovation alone would suggest.
Roger W. Shuy
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195328837
- eISBN:
- 9780199870165
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328837.001.0001
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was ...
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Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was worded, language becomes the very cause of the battle. Although there are many arenas in which language disputes can be observed, civil law cases offer the most fertile examples of this warfare over words. What did the business contract actually say or mean? Was there evidence of deceptive language practice in its promotional materials? Can the warning label become part of a product liability charge? Did the company evidence age discrimination or race discrimination against its employees or customers? Was one company's trademark too similar to another's? Did the company engage in copyright infringement? Was it guilty of procurement fraud in its business proposal? This book is about the way linguistic analysis describes, exposes, and helps corporations analyze disputed meanings and practices in various types of civil cases where the central issues revolve around the way language was used in commerce. It also provides all of the language data that was practical to include so that others can do their own analyses.Less
Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was worded, language becomes the very cause of the battle. Although there are many arenas in which language disputes can be observed, civil law cases offer the most fertile examples of this warfare over words. What did the business contract actually say or mean? Was there evidence of deceptive language practice in its promotional materials? Can the warning label become part of a product liability charge? Did the company evidence age discrimination or race discrimination against its employees or customers? Was one company's trademark too similar to another's? Did the company engage in copyright infringement? Was it guilty of procurement fraud in its business proposal? This book is about the way linguistic analysis describes, exposes, and helps corporations analyze disputed meanings and practices in various types of civil cases where the central issues revolve around the way language was used in commerce. It also provides all of the language data that was practical to include so that others can do their own analyses.
William Cornish
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0035
- Subject:
- Law, Legal History
This chapter on laws governing trademarks and unfair competition in the 19th century covers private and public control of marketing practices, the common law action against ‘passing, palming or ...
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This chapter on laws governing trademarks and unfair competition in the 19th century covers private and public control of marketing practices, the common law action against ‘passing, palming or putting off’, a register of trademarks, trademarks in international trade, and passing off as an adjunct of trademark registration.Less
This chapter on laws governing trademarks and unfair competition in the 19th century covers private and public control of marketing practices, the common law action against ‘passing, palming or putting off’, a register of trademarks, trademarks in international trade, and passing off as an adjunct of trademark registration.
Carolyn Deere
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199550616
- eISBN:
- 9780191720284
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550616.003.0003
- Subject:
- Political Science, International Relations and Politics, Political Economy
Drawing on a survey of evidence from 1995 to 2007, this chapter highlights a selection of the most striking elements of variation in how developing countries implemented TRIPS. It shows that ...
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Drawing on a survey of evidence from 1995 to 2007, this chapter highlights a selection of the most striking elements of variation in how developing countries implemented TRIPS. It shows that countries took varying advantage of the legal safeguards and options in TRIPS, particularly in terms of the timing of legislative reforms and the use of key flexibilities in areas such as copyright, patents, and plant variety protection. The chapter proposes a typology of the overall degree to which countries took advantage of TRIPS flexibilities. It concludes that important aspects of variation sit at odds with the predictions of economists and their positions in international IP negotiations, thus making the case for political analysis of the reasons for variation. While some aspects of variation appear to reflect national economic circumstances and changing sectoral interests in developing countries, significant aspects do not. The divergence is particularly in the case of LDCs that adopted TRIPS‐plus approaches to implementation.Less
Drawing on a survey of evidence from 1995 to 2007, this chapter highlights a selection of the most striking elements of variation in how developing countries implemented TRIPS. It shows that countries took varying advantage of the legal safeguards and options in TRIPS, particularly in terms of the timing of legislative reforms and the use of key flexibilities in areas such as copyright, patents, and plant variety protection. The chapter proposes a typology of the overall degree to which countries took advantage of TRIPS flexibilities. It concludes that important aspects of variation sit at odds with the predictions of economists and their positions in international IP negotiations, thus making the case for political analysis of the reasons for variation. While some aspects of variation appear to reflect national economic circumstances and changing sectoral interests in developing countries, significant aspects do not. The divergence is particularly in the case of LDCs that adopted TRIPS‐plus approaches to implementation.
Adil E. Shamoo and David B. Resnik
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195368246
- eISBN:
- 9780199867615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368246.003.0009
- Subject:
- Biology, Disease Ecology / Epidemiology, Biochemistry / Molecular Biology
This chapter discusses the history of the intellectual property and its ethical and legal foundations. The chapter provides an overview of the U.S. intellectual property system and discusses patents, ...
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This chapter discusses the history of the intellectual property and its ethical and legal foundations. The chapter provides an overview of the U.S. intellectual property system and discusses patents, copyrights, trademarks, trade secrets, and ownership of research data. It also examines some key pieces of intellectual property legislation and intellectual property cases. The chapter also discusses some ethical controversies, such as patents on biological materials.Note: Nothing in this chapter should be taken as a legal advice. Engaging an intellectual property attorney is recommended in the event of contemplating issues related to a patents, copyrights, or trademarks.Less
This chapter discusses the history of the intellectual property and its ethical and legal foundations. The chapter provides an overview of the U.S. intellectual property system and discusses patents, copyrights, trademarks, trade secrets, and ownership of research data. It also examines some key pieces of intellectual property legislation and intellectual property cases. The chapter also discusses some ethical controversies, such as patents on biological materials.Note: Nothing in this chapter should be taken as a legal advice. Engaging an intellectual property attorney is recommended in the event of contemplating issues related to a patents, copyrights, or trademarks.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0011
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the history and ingredients of this misrepresentation economic tort. Part of its importance is as a parallel action to the statutory protection of trademarks, but it is shown ...
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This chapter explores the history and ingredients of this misrepresentation economic tort. Part of its importance is as a parallel action to the statutory protection of trademarks, but it is shown this tort has an importance of its own as a tort protecting against commercial misrepresentations. Though the classic trinity of misrepresentation, goodwill, and harm is still the basis of this tort, all three ingredients have been expanded by claimants particularly in relation to advertising or promotional activities. The rationale of this tort is explored, comparing the traditional focus on deserving claimants and consumer information with the modern quest for protection against commercial misdescription or more generally misappropriation and unfair competition.Less
This chapter explores the history and ingredients of this misrepresentation economic tort. Part of its importance is as a parallel action to the statutory protection of trademarks, but it is shown this tort has an importance of its own as a tort protecting against commercial misrepresentations. Though the classic trinity of misrepresentation, goodwill, and harm is still the basis of this tort, all three ingredients have been expanded by claimants particularly in relation to advertising or promotional activities. The rationale of this tort is explored, comparing the traditional focus on deserving claimants and consumer information with the modern quest for protection against commercial misdescription or more generally misappropriation and unfair competition.
Peter M. Birkeland
- Published in print:
- 2002
- Published Online:
- February 2013
- ISBN:
- 9780226051901
- eISBN:
- 9780226051925
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226051925.003.0010
- Subject:
- Sociology, Organizations
This chapter presents an account of the experiences working with franchisees in three franchise systems. Franchise systems are aimed to repress the creativity and uniqueness of regional businesses so ...
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This chapter presents an account of the experiences working with franchisees in three franchise systems. Franchise systems are aimed to repress the creativity and uniqueness of regional businesses so that small towns as well as urban areas are much the same. The diversity among franchisees in background, aspirations, expectations, and values does not cause the problem of control but can contribute to it through the equally pressing problem of organizational alignment. The fundamental features and dispersion offer the motive and opportunity, respectively, for franchisees to operate their unit outside of the trademark. Franchisors employ every tool in their power to bring franchisees in line. But despite an exhaustive agreement in their favor, it is not enough precisely because profiles of franchisees are not absolutes, interests of franchisors and franchisees are not as tightly aligned as they could be, and the direct supervision of franchisees is not obtainable.Less
This chapter presents an account of the experiences working with franchisees in three franchise systems. Franchise systems are aimed to repress the creativity and uniqueness of regional businesses so that small towns as well as urban areas are much the same. The diversity among franchisees in background, aspirations, expectations, and values does not cause the problem of control but can contribute to it through the equally pressing problem of organizational alignment. The fundamental features and dispersion offer the motive and opportunity, respectively, for franchisees to operate their unit outside of the trademark. Franchisors employ every tool in their power to bring franchisees in line. But despite an exhaustive agreement in their favor, it is not enough precisely because profiles of franchisees are not absolutes, interests of franchisors and franchisees are not as tightly aligned as they could be, and the direct supervision of franchisees is not obtainable.
Valentina Sara Vadi
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199578184
- eISBN:
- 9780191722561
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578184.003.0019
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explores the linkage between investment law and international instruments protecting public health, focussing on the specific issue of tobacco control. Since the recent inception of the ...
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This chapter explores the linkage between investment law and international instruments protecting public health, focussing on the specific issue of tobacco control. Since the recent inception of the WHO Framework Convention on Tobacco Control, which has established cognitive and normative consensus for promoting global public health through tobacco control, states have gradually adopted a series of measures to comply with this convention. However, international investment governance risks undermining the goal of tobacco control, for example by facilitating access to tobacco products, increasing competition, and lowering tobacco prices. After analysing the relevant legal framework, this chapter explores the potential conflict areas between investment governance and tobacco regulation, and proposes some legal tools that might help reconciling the interests at stake. In particular, it proposes recourse to customary rules of treaty interpretation.Less
This chapter explores the linkage between investment law and international instruments protecting public health, focussing on the specific issue of tobacco control. Since the recent inception of the WHO Framework Convention on Tobacco Control, which has established cognitive and normative consensus for promoting global public health through tobacco control, states have gradually adopted a series of measures to comply with this convention. However, international investment governance risks undermining the goal of tobacco control, for example by facilitating access to tobacco products, increasing competition, and lowering tobacco prices. After analysing the relevant legal framework, this chapter explores the potential conflict areas between investment governance and tobacco regulation, and proposes some legal tools that might help reconciling the interests at stake. In particular, it proposes recourse to customary rules of treaty interpretation.
WILLIAM CORNISH
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199263073
- eISBN:
- 9780191718694
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199263073.003.0003
- Subject:
- Law, Intellectual Property, IT, and Media Law
‘Branding’ is the watchword of marketers; lawyers talk of ‘trademarks and associated get-up’. By these terms the two groups mean broadly the same phenomenon; but each inclines to a contemptuous view ...
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‘Branding’ is the watchword of marketers; lawyers talk of ‘trademarks and associated get-up’. By these terms the two groups mean broadly the same phenomenon; but each inclines to a contemptuous view of what the other contributes to business functioning and general welfare. This chapter discusses trademark registers, rights dependent on trading, the merits of branding, registration as a fetter for others, registration as proof of reputation, what should be protected and why, what function analysis achieves, investment and advertising as ‘functions’, trade reputation and registration, and cumulation and convergence.Less
‘Branding’ is the watchword of marketers; lawyers talk of ‘trademarks and associated get-up’. By these terms the two groups mean broadly the same phenomenon; but each inclines to a contemptuous view of what the other contributes to business functioning and general welfare. This chapter discusses trademark registers, rights dependent on trading, the merits of branding, registration as a fetter for others, registration as proof of reputation, what should be protected and why, what function analysis achieves, investment and advertising as ‘functions’, trade reputation and registration, and cumulation and convergence.
Stuart Macdonald
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780199241477
- eISBN:
- 9780191696947
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241477.003.0012
- Subject:
- Business and Management, Innovation, Organization Studies
This chapter discusses information as property, and all policies relating to it. The essence of intellectual property rights is the application of ownership to certain information, by placing on it ...
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This chapter discusses information as property, and all policies relating to it. The essence of intellectual property rights is the application of ownership to certain information, by placing on it copyrights, trademarks, or patents. The primary aim of the intellectual property system is to allow information to be treated like any other good or property. The patent is the best known instrument of the intellectual property system, and is the outcome of a bargain between the inventor and society by which society grants the inventor certain rights to his invention in return for the inventor's disclosure of whatever he invented. It is also seen that even if neither the inventor nor the society benefits form the invention itself, the patent system is scarcely concerned with innovation.Less
This chapter discusses information as property, and all policies relating to it. The essence of intellectual property rights is the application of ownership to certain information, by placing on it copyrights, trademarks, or patents. The primary aim of the intellectual property system is to allow information to be treated like any other good or property. The patent is the best known instrument of the intellectual property system, and is the outcome of a bargain between the inventor and society by which society grants the inventor certain rights to his invention in return for the inventor's disclosure of whatever he invented. It is also seen that even if neither the inventor nor the society benefits form the invention itself, the patent system is scarcely concerned with innovation.
Michael Keane, Anthony Fung, and Albert Moran
- Published in print:
- 2007
- Published Online:
- September 2011
- ISBN:
- 9789622098206
- eISBN:
- 9789882207219
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789622098206.003.0011
- Subject:
- Film, Television and Radio, Television
This chapter focuses on the legal mechanisms for protecting TV-program formats. The practice of imitation in media industries has led the way in policing copyright protection. When writers of TV ...
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This chapter focuses on the legal mechanisms for protecting TV-program formats. The practice of imitation in media industries has led the way in policing copyright protection. When writers of TV formats, producers, or broadcasters seek to protect their investment, they have to rely on cobbling together a jigsaw of pieces drawn from different areas of intellectual property law. In particular, format protection has been sought through four legal instruments: copyright, breach of confidence, passing-off, and an assortment of law to do with trademarks, patents, and so on.Less
This chapter focuses on the legal mechanisms for protecting TV-program formats. The practice of imitation in media industries has led the way in policing copyright protection. When writers of TV formats, producers, or broadcasters seek to protect their investment, they have to rely on cobbling together a jigsaw of pieces drawn from different areas of intellectual property law. In particular, format protection has been sought through four legal instruments: copyright, breach of confidence, passing-off, and an assortment of law to do with trademarks, patents, and so on.
Barrie Gunter
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780719097874
- eISBN:
- 9781526104359
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719097874.003.0002
- Subject:
- Society and Culture, Media Studies
Brands ascended as advances in technology enabled mass production of goods and speedier forms of transportation over long distances so that local products could spread beyond local markets. With the ...
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Brands ascended as advances in technology enabled mass production of goods and speedier forms of transportation over long distances so that local products could spread beyond local markets. With the triggering of mass demand came a need on the part of citizens as ‘consumers’ for more choice. More versions of individual products appeared and needed to find ways to look distinctive and appear better than their rivals and hence ‘brands’ emerged. Brands and branding have a long history but the modern era meaning of brands has evolved primarily in the last 150 years following the earliest incarnations of the mass media. This chapter examines how the nature and meaning of branding has changed and opens up a discussion about the different ways in which children get involved with brands. It presents an overview of how new forms of brand promotion have emerged that raise questions about how well equipped children are to cope with a world of marketing that permeates their lives and is not always as obvious in its appearance in the digital world as it used to be in the analogue world.Less
Brands ascended as advances in technology enabled mass production of goods and speedier forms of transportation over long distances so that local products could spread beyond local markets. With the triggering of mass demand came a need on the part of citizens as ‘consumers’ for more choice. More versions of individual products appeared and needed to find ways to look distinctive and appear better than their rivals and hence ‘brands’ emerged. Brands and branding have a long history but the modern era meaning of brands has evolved primarily in the last 150 years following the earliest incarnations of the mass media. This chapter examines how the nature and meaning of branding has changed and opens up a discussion about the different ways in which children get involved with brands. It presents an overview of how new forms of brand promotion have emerged that raise questions about how well equipped children are to cope with a world of marketing that permeates their lives and is not always as obvious in its appearance in the digital world as it used to be in the analogue world.
Carol Corrado, Jonathan Haskel, Javier Miranda, and Daniel Sichel (eds)
- Published in print:
- 2021
- Published Online:
- January 2022
- ISBN:
- 9780226728179
- eISBN:
- 9780226728209
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226728209.001.0001
- Subject:
- Economics and Finance, Econometrics
Measuring innovation is a challenging task, both for researchers and for national statisticians. Much progress on this task has been made in the past 60-plus years, and CRIW/NBER conferences have ...
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Measuring innovation is a challenging task, both for researchers and for national statisticians. Much progress on this task has been made in the past 60-plus years, and CRIW/NBER conferences have pursued these issues actively over the decades. The primary goal of the conference and this volume is to push even further to deepen our understanding of innovation and its consequences. Key themes include how current measurement frameworks could be expanded to more fully capture the role and consequences of innovative activity; how new methodological approaches and data could enhance our understanding of innovation; ways in which innovation has changed the structure of the economy; and what changes within the current measurement framework would more completely identify and reflect innovation. The 14 papers in this volume creatively use a wide range of data and methodologies to advance our knowledge about these issues, and the Editors’ Introduction adds background and context on research in this area as well as a summary of the papers and the conference. The work in this volume is particularly timely and important given that policy and public interest in innovation has become increasingly intense and our national accounts and other economic statistics do not fully account for the wide range of innovative activity that is plainly evident in everyday experience.Less
Measuring innovation is a challenging task, both for researchers and for national statisticians. Much progress on this task has been made in the past 60-plus years, and CRIW/NBER conferences have pursued these issues actively over the decades. The primary goal of the conference and this volume is to push even further to deepen our understanding of innovation and its consequences. Key themes include how current measurement frameworks could be expanded to more fully capture the role and consequences of innovative activity; how new methodological approaches and data could enhance our understanding of innovation; ways in which innovation has changed the structure of the economy; and what changes within the current measurement framework would more completely identify and reflect innovation. The 14 papers in this volume creatively use a wide range of data and methodologies to advance our knowledge about these issues, and the Editors’ Introduction adds background and context on research in this area as well as a summary of the papers and the conference. The work in this volume is particularly timely and important given that policy and public interest in innovation has become increasingly intense and our national accounts and other economic statistics do not fully account for the wide range of innovative activity that is plainly evident in everyday experience.
Jonathan Goldman (ed.)
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780813054742
- eISBN:
- 9780813053301
- Item type:
- book
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813054742.001.0001
- Subject:
- Literature, 20th-century Literature and Modernism
The book collects essays about James Joyce's writings in the context of law and legal history from major scholars of early twentieth-century literature and culture. It argues that reading Joyce ...
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The book collects essays about James Joyce's writings in the context of law and legal history from major scholars of early twentieth-century literature and culture. It argues that reading Joyce alongside the law supports and enriches current strategies in legal studies and literary scholarship. It includes chapters about Joyce in relation to laws governing citizenship, language, libel, copyright, censorship, obscenity, trademark, alcohol, public space, marital infidelity, and tenancy. Joyce's work can be seen as critiquing these and other legal regimes.Less
The book collects essays about James Joyce's writings in the context of law and legal history from major scholars of early twentieth-century literature and culture. It argues that reading Joyce alongside the law supports and enriches current strategies in legal studies and literary scholarship. It includes chapters about Joyce in relation to laws governing citizenship, language, libel, copyright, censorship, obscenity, trademark, alcohol, public space, marital infidelity, and tenancy. Joyce's work can be seen as critiquing these and other legal regimes.
David T Keeling
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199219032
- eISBN:
- 9780191711862
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219032.003.0016
- Subject:
- Law, EU Law
This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the ...
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This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the CFI and ECJ start stressing the Office's duty to act consistently, to apply common standards, to identify analogous cases and to give them similar treatment. The CFI and ECJ also need to understand that genuine consistency in decision-making practice can only be achieved at the purely administrative level.Less
This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the CFI and ECJ start stressing the Office's duty to act consistently, to apply common standards, to identify analogous cases and to give them similar treatment. The CFI and ECJ also need to understand that genuine consistency in decision-making practice can only be achieved at the purely administrative level.
Irene Calboli and Martin Senftleben (eds)
- Published in print:
- 2018
- Published Online:
- February 2019
- ISBN:
- 9780198826576
- eISBN:
- 9780191865503
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198826576.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved ...
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During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to competition-based and cultural concerns—that are raised by the inclusion of non-traditional marks in the trademark system? Which positions have evolved in the debate on the continuous expansion of the domain of trademark protection? Which repercussions does this expansion have on other branches of intellectual property protection and the intellectual property system as a whole? Offering a fresh, critical, and interdisciplinary analysis of the questions raised by the acceptance of non-traditional marks, this book provides an insightful academic—and at the same time practical—legal and economic review of the topic. Office and court decisions from different countries and regions serve as a starting point for a comparison of existing approaches to non-traditional marks. Providing a comprehensive overview of the status quo in different jurisdictions, the essays in this book offer a cutting-edge discussion of legal problems and solutions in the field of non-traditional marks. The analysis, however, goes far beyond specific questions of trademark law and practice. It places the issue in the broader context of fundamental rights, in particular freedom of competition and freedom of expression, and explores the impact on other fields of intellectual property, such as patent, copyright, and industrial designs law.Less
During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to competition-based and cultural concerns—that are raised by the inclusion of non-traditional marks in the trademark system? Which positions have evolved in the debate on the continuous expansion of the domain of trademark protection? Which repercussions does this expansion have on other branches of intellectual property protection and the intellectual property system as a whole? Offering a fresh, critical, and interdisciplinary analysis of the questions raised by the acceptance of non-traditional marks, this book provides an insightful academic—and at the same time practical—legal and economic review of the topic. Office and court decisions from different countries and regions serve as a starting point for a comparison of existing approaches to non-traditional marks. Providing a comprehensive overview of the status quo in different jurisdictions, the essays in this book offer a cutting-edge discussion of legal problems and solutions in the field of non-traditional marks. The analysis, however, goes far beyond specific questions of trademark law and practice. It places the issue in the broader context of fundamental rights, in particular freedom of competition and freedom of expression, and explores the impact on other fields of intellectual property, such as patent, copyright, and industrial designs law.
Kedron Thomas
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780520290969
- eISBN:
- 9780520964860
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520290969.001.0001
- Subject:
- Anthropology, Latin American Cultural Anthropology
Fashion knock-offs are everywhere. Even in the out-of-the-way markets of highland Guatemala, fake branded clothes offer a cheap, stylish alternative for people who can’t afford high-priced originals. ...
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Fashion knock-offs are everywhere. Even in the out-of-the-way markets of highland Guatemala, fake branded clothes offer a cheap, stylish alternative for people who can’t afford high-priced originals. Fashion companies have taken notice, ensuring that international trade agreements include stronger intellectual property protections to prevent and punish brand “piracy,” the unauthorized reproduction of trademarked brand names and logos. Regulating Style approaches the fashion industry from the perspective of indigenous Maya people who make and sell knock-offs, asking why they copy and wear popular brands, how they interact with legal frameworks and state agents who criminalize their livelihoods, and exploring the localized ethics, norms, and values that structure their trade. Beyond showing that intellectual property proponents misrepresent the presumed threat that “piracy” poses to the economy, this book argues that international law itself perpetuates powerful divisions of race, class, and gender across a postcolonial field, institutionalizing a discriminatory divide between populations designated as rightful creators and consumers and others disparaged as mere copycats. Drawing on cultural studies, archaeology, and material culture studies in anthropology, this book develops a robust theory of style that emphasizes the centrality of copying and imitation to processes of cultural production. In analyzing the relationship of style to race, class, gender, indigeneity, and discourses of entrepreneurship and development that privilege a particular model of creativity, originality, and modernity in Guatemala and beyond, Regulating Style offers a new perspective on what is really at stake for fashion companies in the globalization of intellectual property law.Less
Fashion knock-offs are everywhere. Even in the out-of-the-way markets of highland Guatemala, fake branded clothes offer a cheap, stylish alternative for people who can’t afford high-priced originals. Fashion companies have taken notice, ensuring that international trade agreements include stronger intellectual property protections to prevent and punish brand “piracy,” the unauthorized reproduction of trademarked brand names and logos. Regulating Style approaches the fashion industry from the perspective of indigenous Maya people who make and sell knock-offs, asking why they copy and wear popular brands, how they interact with legal frameworks and state agents who criminalize their livelihoods, and exploring the localized ethics, norms, and values that structure their trade. Beyond showing that intellectual property proponents misrepresent the presumed threat that “piracy” poses to the economy, this book argues that international law itself perpetuates powerful divisions of race, class, and gender across a postcolonial field, institutionalizing a discriminatory divide between populations designated as rightful creators and consumers and others disparaged as mere copycats. Drawing on cultural studies, archaeology, and material culture studies in anthropology, this book develops a robust theory of style that emphasizes the centrality of copying and imitation to processes of cultural production. In analyzing the relationship of style to race, class, gender, indigeneity, and discourses of entrepreneurship and development that privilege a particular model of creativity, originality, and modernity in Guatemala and beyond, Regulating Style offers a new perspective on what is really at stake for fashion companies in the globalization of intellectual property law.
Karl Raitz
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780813178752
- eISBN:
- 9780813178769
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813178752.003.0019
- Subject:
- History, American History: 19th Century
Distilling’s nineteenth-century heritage is being pursued and reclaimed by contemporary distillers—in part for historical interest, and in part for marketing purposes—including reviving historical ...
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Distilling’s nineteenth-century heritage is being pursued and reclaimed by contemporary distillers—in part for historical interest, and in part for marketing purposes—including reviving historical brand names and distillery sites. Branding a product begins by naming it. Literal branding was practiced by early-nineteenth-century distillers, who burned the product’s name and place of origin into barrels. When distillers sold their works, they often sold the name with it. The Federal Trademark Act of 1870 introduced legal requirements for establishing and protecting product names. Brand infringement was often contested by legal actions. Labeling became important with the availability of mass-produced glass bottles, and label design, color, and image choices reflected Victorian tastes and priorities. Distillers had long held heritage and tradition to be important to their identity and product marketing. Distillers venerated the “old” in brand names and advertising. The distillers’ landscape is also part of the industry’s heritage, a part of their brands. Kentucky distilleries have organized history-centered landscapes that serve as tourist attractions on the Bourbon Trail.Less
Distilling’s nineteenth-century heritage is being pursued and reclaimed by contemporary distillers—in part for historical interest, and in part for marketing purposes—including reviving historical brand names and distillery sites. Branding a product begins by naming it. Literal branding was practiced by early-nineteenth-century distillers, who burned the product’s name and place of origin into barrels. When distillers sold their works, they often sold the name with it. The Federal Trademark Act of 1870 introduced legal requirements for establishing and protecting product names. Brand infringement was often contested by legal actions. Labeling became important with the availability of mass-produced glass bottles, and label design, color, and image choices reflected Victorian tastes and priorities. Distillers had long held heritage and tradition to be important to their identity and product marketing. Distillers venerated the “old” in brand names and advertising. The distillers’ landscape is also part of the industry’s heritage, a part of their brands. Kentucky distilleries have organized history-centered landscapes that serve as tourist attractions on the Bourbon Trail.
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226080611
- eISBN:
- 9780226080635
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226080635.003.0013
- Subject:
- Law, Intellectual Property, IT, and Media Law
Both innovation and patent law unquestionably work differently in different industries. The law can either take account of those differences or seek to ignore them. Congress is better suited to ...
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Both innovation and patent law unquestionably work differently in different industries. The law can either take account of those differences or seek to ignore them. Congress is better suited to creating general rules. An alternative to Congress is to give the task of tailoring to the Patent and Trademark Office (PTO). Periodic suggestions that the PTO should engage in claim construction or weigh in on the scope of infringement are likely to fall flat, and for good reason: the PTO doesn't see those issues in the context that is required to make the right decision. Courts and scholars will have to pay attention to the characteristics of the particular industries for which courts are setting rules. Getting patent law right is not easy, and getting it exactly right may not even be possible. But getting it right is enormously important.Less
Both innovation and patent law unquestionably work differently in different industries. The law can either take account of those differences or seek to ignore them. Congress is better suited to creating general rules. An alternative to Congress is to give the task of tailoring to the Patent and Trademark Office (PTO). Periodic suggestions that the PTO should engage in claim construction or weigh in on the scope of infringement are likely to fall flat, and for good reason: the PTO doesn't see those issues in the context that is required to make the right decision. Courts and scholars will have to pay attention to the characteristics of the particular industries for which courts are setting rules. Getting patent law right is not easy, and getting it exactly right may not even be possible. But getting it right is enormously important.
Carol Corrado, Jonathan Haskel, Javier Miranda, and Daniel Sichel
- Published in print:
- 2021
- Published Online:
- January 2022
- ISBN:
- 9780226728179
- eISBN:
- 9780226728209
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226728209.003.0001
- Subject:
- Economics and Finance, Econometrics
The National Income and Product Accounts and other economic statistics—designed in an age when the structure of the economy was vastly different than that of today—do not yet fully account for the ...
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The National Income and Product Accounts and other economic statistics—designed in an age when the structure of the economy was vastly different than that of today—do not yet fully account for the wide range of innovative activity that is plainly evident in everyday experience. This limitation of our existing measurement system significantly hinders researchers, analysts, and policymakers. Better measures of innovative activity are necessary to understand the challenges and consequences of innovation and to inform the design of policies that best promote it. This conference and volume focus primarily on the challenges of how best to measure innovation, track its effects on economic activity and inflation, and to understand how innovation has changed the structure of an increasingly digitized economy. The papers also connect back to challenges of economic measurement that long have been the subject of CRIW conferences.Less
The National Income and Product Accounts and other economic statistics—designed in an age when the structure of the economy was vastly different than that of today—do not yet fully account for the wide range of innovative activity that is plainly evident in everyday experience. This limitation of our existing measurement system significantly hinders researchers, analysts, and policymakers. Better measures of innovative activity are necessary to understand the challenges and consequences of innovation and to inform the design of policies that best promote it. This conference and volume focus primarily on the challenges of how best to measure innovation, track its effects on economic activity and inflation, and to understand how innovation has changed the structure of an increasingly digitized economy. The papers also connect back to challenges of economic measurement that long have been the subject of CRIW conferences.