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International Intellectual Property Law
ee--RRGG Electronic Resource Guide International Intellectual Property Law * Jonathan Franklin This page was last updated February 8, 2013. his electronic resource guide, often called the ERG, has been published online by the American Society of International Law (ASIL) since 1997. T Since then it has been systematically updated and continuously expanded. The chapter format of the ERG is designed to be used by students, teachers, practitioners and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels. The narrative format of the ERG is complemented and augmented by EISIL (Electronic Information System for International Law), a free online database that organizes and provides links to, and useful information on, web resources from the full spectrum of international law. EISIL's subject-organized format and expert-provided content also enhances its potential as teaching tool. 2 This page was last updated February 8, 2013. I. Introduction II. Overview III. Research Guides and Bibliographies a. International Intellectual Property Law b. International Patent Law i. Public Health and IP ii. Agriculture, Plant Varieties, and IP c. International Copyright Law i. Art, Cultural Property, and IP d. International Trademark Law e. Trade and IP f. Arbitration, Mediation, and IP g. Traditional Knowledge and IP h. Geographical Indications IV. General Search Strategies V. Primary Sources VI. Primary National Legislation and Decisions VII. Recommended Link sites VIII. Selected Non-Governmental Organizations IX. Electronic Current Awareness 3 This page was last updated February 8, 2013. -
Copyrighted Material
1 The Duality of Peer Production Infrastructure for the Digital Commons, Free Labor for Free‐Riding Firms Mathieu O’Neil, Sophie Toupin, and Christian Pentzold 1 Introduction There never was a “tragedy of the commons”: Garrett Hardin’s overgrazing farmers were victims of a tragedy of self‐management, as they failed to collectively regulate, as equals, their common pasture. When Elinor Ostrom was awarded the Nobel Prize in Economics in 2009, the immemorial notion that there are only two types of goods in the world – private and public, coordinated by markets or the state – was finally put to rest. In the most general terms, peer producers are people who create and manage common‐pool resources together. It sometimes seems as if “peer production” and “digital commons” can be used interchangeably. Digital commons are non‐rivalrous (they can be reproduced at little or no cost) and non‐excludable (no‐one can prevent others from using them, through prop- erty rights for example). So, practically speaking, proprietary objects could be produced by equal “peers,” however we argue that peer production has a normative dimension, so that what chiefly char- acterizes this mode of production is that “the output is orientated towards the further expansion of the commons; while the commons, recursively, is the chief resource in this mode of production” (Söderberg & O’Neil, 2014, p. 2). Though there are many historical antecedents, the term “peer pro- duction,” as an object of public and scientific interest, is historically situated in the early 2000s.1 The meanings associated with a term that is deeply connected to the Internet as it was 20 years ago are bound to change. -
Wikipedia and Intermediary Immunity: Supporting Sturdy Crowd Systems for Producing Reliable Information Jacob Rogers Abstract
THE YALE LAW JOURNAL FORUM O CTOBER 9 , 2017 Wikipedia and Intermediary Immunity: Supporting Sturdy Crowd Systems for Producing Reliable Information Jacob Rogers abstract. The problem of fake news impacts a massive online ecosystem of individuals and organizations creating, sharing, and disseminating content around the world. One effective ap- proach to addressing false information lies in monitoring such information through an active, engaged volunteer community. Wikipedia, as one of the largest online volunteer contributor communities, presents one example of this approach. This Essay argues that the existing legal framework protecting intermediary companies in the United States empowers the Wikipedia community to ensure that information is accurate and well-sourced. The Essay further argues that current legal efforts to weaken these protections, in response to the “fake news” problem, are likely to create perverse incentives that will harm volunteer engagement and confuse the public. Finally, the Essay offers suggestions for other intermediaries beyond Wikipedia to help monitor their content through user community engagement. introduction Wikipedia is well-known as a free online encyclopedia that covers nearly any topic, including both the popular and the incredibly obscure. It is also an encyclopedia that anyone can edit, an example of one of the largest crowd- sourced, user-generated content websites in the world. This user-generated model is supported by the Wikimedia Foundation, which relies on the robust intermediary liability immunity framework of U.S. law to allow the volunteer editor community to work independently. Volunteer engagement on Wikipedia provides an effective framework for combating fake news and false infor- mation. 358 wikipedia and intermediary immunity: supporting sturdy crowd systems for producing reliable information It is perhaps surprising that a project open to public editing could be highly reliable. -
Crowdsourcing: Today and Tomorrow
Crowdsourcing: Today and Tomorrow An Interactive Qualifying Project Submitted to the Faculty of the WORCESTER POLYTECHNIC INSTITUTE in partial fulfillment of the requirements for the Degree of Bachelor of Science by Fangwen Yuan Jun Liang Zhaokun Xue Approved Professor Sonia Chernova Advisor 1 Abstract This project focuses on crowdsourcing, the practice of outsourcing activities that are traditionally performed by a small group of professionals to an unknown, large community of individuals. Our study examines how crowdsourcing has become an important form of labor organization, what major forms of crowdsourcing exist currently, and which trends of crowdsourcing will have potential impacts on the society in the future. The study is conducted through literature study on the derivation and development of crowdsourcing, through examination on current major crowdsourcing platforms, and through surveys and interviews with crowdsourcing participants on their experiences and motivations. 2 Table of Contents Chapter 1 Introduction ................................................................................................................................. 8 1.1 Definition of Crowdsourcing ............................................................................................................... 8 1.2 Research Motivation ........................................................................................................................... 8 1.3 Research Objectives ........................................................................................................................... -
Globalizing Intellectual Property: Linkage and the Challenge of a Justice-Constituency
GLOBALIZING INTELLECTUAL PROPERTY: LINKAGE AND THE CHALLENGE OF A JUSTICE-CONSTITUENCY SAMUELK. MURUMBA* 1. INTRODUCTION There are historical moments in which invisible forces take a perfectly good idea and turn it into an ideology or even an idol. Such seems to be the case with intellectual property. Twenty years ago, intellectual property hardly existed as such. Its individ ual components-copyrights, patents, trademarks , etc.-had been around for a long time, of course, but they had not coalesced into anything comparable to the unified body of law we have today. Nor were they central to legal practice or significant to law school curriculum. Indeed, as recently as the beginning of the 1980s, de bate was still raging over the appropriate name to give to this emerging field ("industrial property" or "intellectual property") and over its precise boundaries. Almost overnight, however, in tellectual property has changed from a complex and generally eso teric body of law-the preserve of specialists in technology and entertainment law-to the stuff of folklore and conversation at cocktail parties, and for some, almost an object of worship. Intel lectual property now frequently appears in the company of such lofty notions as freedom and democracy, and has even been hailed as a more potent weapon than bombs and missiles for use against dictators!*'� * Professor of Law, Brooklyn Law School; LL.B. (Honors) (Makerere Uni versity, Kampala); LL.M.; Ph.D. (Monash University, Melbourne, Australia). This paJ?er was presented at the Annual Meeting of the American Society of InternatiOnal Law, International Economic Law Interest Group, Washington, D.C., December 5, 1997. -
Book Review – Yochai Benkler, the Wealth of Networks: How Social Production Transforms Markets and Freedom
CLPE Research Paper 6/2007 Vol. 03 No. 02 (2007) James Brink Book Review – Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom Keywords: networked economy, internet regulation, peer production JEL Classification: K10, K29, K42 Osgoode Hall Law School, York University 4700 Keele St., Toronto, ON, Canada M3J 1P3 Email: [email protected] Published in (2006) 7 German Law Journal 853, online: http://www.germanlawjournal.com/article.php?id=765. 967505 CLPE Research Paper 6/2007 Vol. 03 No. 02 (2007) James Brink BOOK REVIEW – YOCHAI BENKLER, THE WEALTH OF NETWORKS: HOW SOCIAL PRODUCTION TRANSFORMS MARKETS AND FREEDOM Benkler argues that the West is engaged in an escalating culture war between the industrial information economy—a one-way, capital- intensive, and professionally-produced model that has held sway for 150 years—and the networked information economy (NIE)—a many- to-many, low-capital, and cooperative model that has been emerging in the last 15 years. The NIE is built on the infrastructure of the internet and is characterized by characterized by (1) non-proprietary strategies, (2) rising non-market production, and (3) more effective, large-scale cooperative efforts; in other words, “peer production of information, knowledge, and culture.” These aspects challenge our economies and our polities, and hold significant promise for enhancing personal autonomy; however, Benkler, in writing what amounts to a manifesto for the internet, pays little attention to the way in which the NIE is vulnerable to technical capture in the same way the industrial information economy is vulnerable to capital capture, taking a “wait-and-see” approach to regulatory intervention. -
Crowdsourcing Database Systems: Overview and Challenges
Crowdsourcing Database Systems: Overview and Challenges Chengliang Chai∗, Ju Fany, Guoliang Li∗, Jiannan Wang#, Yudian Zhengz ∗Tsinghua University yRenmin University #Simon Fraser University zTwitter [email protected], [email protected], [email protected], [email protected], [email protected] Abstract—Many data management and analytics tasks, such inside database only; while crowdsourcing databases use as entity resolution, cannot be solely addressed by automated the “open-world” model, which can utilize the crowd to processes. Crowdsourcing is an effective way to harness the human cognitive ability to process these computer-hard tasks. crowdsource data, i.e., collecting a tuple/table or filling an Thanks to public crowdsourcing platforms, e.g., Amazon Me- attribute. Secondly, crowdsourcing databases can utilize the chanical Turk and CrowdFlower, we can easily involve hundreds crowd to support operations, e.g., comparing two objects, of thousands of ordinary workers (i.e., the crowd) to address these computer-hard tasks. However it is rather inconvenient to ranking multiple objects, and rating an object. These two main interact with the crowdsourcing platforms, because the platforms differences are attributed to involving the crowd to process require one to set parameters and even write codes. Inspired by database operations. In this paper, we review existing works traditional DBMS, crowdsourcing database systems have been proposed and widely studied to encapsulate the complexities of on crowdsourcing database system from the following aspects. interacting with the crowd. In this tutorial, we will survey and Crowdsourcing Overview. Suppose a requester (e.g., Ama- synthesize a wide spectrum of existing studies on crowdsourcing zon) has a set of computer-hard tasks (e.g., entity resolution database systems. -
Wikimania 2006 Invited Speaker Biographies
Wikimania 2006 Invited Speaker has been a forceful advocate for open science and open access scientific publishing - the free release of the Biographies material and intellectual product of the scientific research. He is co-Founder of Public Library of Science Yochai Benkler is Professor of Law at Yale Law (PLoS). He serves on the PLoS board, and is an advisor School. His research focuses on commons-based to Science Commons. approaches to managing resources in networked environments. His publications include “The Wealth of Rishab Aiyer Ghosh first developed and sold free Networks: How Social Production Transforms Markets” and software in 1994. He switched from writing in C and “Freedom and Coase’s Penguin, or Linux and the Nature of the assembly to English, and has been writing about the Firm”. economics of free software and collaborative production since 1994. He is the Founding Karen Christensen is the CEO of Berkshire International and Managing Editor of First Monday, the Publishing group, a reference work publisher known for most widely read peer-reviewed on-line journal of the specialty encyclopedias. Her primary responsibility is Internet, and Senior Researcher at the Maastricht bringing together global teams and building Economic Research Institute on Innovation and relationships with experts and organizations around the Technology (MERIT) at the University of Maastricht world. Karen has also served as an encyclopedia editor; and United Nations University, the Netherlands. In as coeditor on the “Berkshire Encyclopedia of World Sport” 2000 he coordinated the European Union -funded (June 2005) and “Global Perspectives on the United States” FLOSS project, the most comprehensive early study of (three volumes, forthcoming), and as senior editor of free/libre/open source users and developers. -
Peer Production of Survivable Infrastructures
Peer Production of Survivable Critical Infrastructures The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Yochai Benkler, Peer Production of Survivable Critical Infrastructures, in The Law and Economics of Cybersecurity 73 (Mark F. Grady & Francesco Parisi eds., 2005). Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:37078634 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA © Yochai Benkler 2004. This version of the work is released under the creative commons noncommercial attribution license. To view a copy of the license visit http://creativecommons.org/licenses/by-nc-sa/1.0 or send a letter to Creative Commons, 559 Nathan Abbott Way, Stanford, California 94305, USA. Peer Production of Survivable Critical Infrastructures Yochai Benkler* Abstract The paper describes an approach to provisioning survivable critical communications and computation infrastructures by deploying radically distributed, peer-based systems for communication, computation, and data storage and retrieval. The paper focuses on system survivability as an approach to robustness, rather than on artifact-oriented hardness or impregnability. Based on a survey of experience with ad hoc wireless mesh networks, peer-to-peer storage and retrieval systems, and distributed computing, the paper identifies a class of solutions that mobilize redundant capacity resident in privately owned, extant unlicensed wireless devices, desktops, laptops, and handhelds around the periphery of the network to provide redundant, adaptive, self-healing systems. -
United States Court of Appeals for the SECOND CIRCUIT
Case 18-396, Document 116, 08/30/2018, 2379414, Page1 of 28 18-396 IN THE United States Court of Appeals FOR THE SECOND CIRCUIT dMATTHEW HERRICK, Plaintiff-Appellant, —against— GRINDR LLC, KL GRINDR HOLDINGS INC., GRINDR HOLDING COMPANY, Defendants-Appellees. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK BRIEF FOR AMICI CURIAE COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, MATCH GROUP, INC., GLASSDOOR, INC., AND INDEED, INC. IN SUPPORT OF DEFENDANTS-APPELLEES AMBIKA K. DORAN JAMES ROSENFELD ROBERT E. MILLER DAVIS WRIGHT TREMAINE LLP (attorney admission forthcoming) 1251 Avenue of the Americas, DAVIS WRIGHT TREMAINE LLP 21st Floor 1201 Third Avenue New York, New York 10020 Seattle, Washington 98101 (212) 489-8230 (206) 622-3150 Attorneys for Amici Curiae Computer & Communications Industry Association, Match Group, Inc., Glassdoor, Inc., and Indeed, Inc. Case 18-396, Document 116, 08/30/2018, 2379414, Page2 of 28 TABLE OF CONTENTS Page CORPORATE DISCLOSURE ............................................................................... 1 STATEMENT OF INTEREST ............................................................................... 1 INTRODUCTION .................................................................................................... 2 ARGUMENT ............................................................................................................ 3 A. Courts Have Interpreted Section 230 Broadly to Fulfill Its Twin Goals of Encouraging Free Speech and Self-Policing Objectionable -
Robert P Merges What Kind of Rights Are Intellectual Property Rights?
Robert P Merges What Kind of Rights Are Intellectual Property Rights? Forthcoming in Rochelle C Dreyfuss & Justine Pila (eds), The Oxford Handbook of Intellectual Property Law © RP Merges 2017 Table of Contents 1. Intellectual Property as a Right 1.1 Intellectual Property Rights Are Property Rights 1.2 The Basic Features of Intellectual Property as Property 1.2.1 The Right to Control Uses 1.2.2 The Right to Transfer 1.2.3 The Special Case of Waiver 1.3 Limitations on Intellectual Property Rights 2. What Kind of Rights? Hohfeld and Intellectual Property 2.1 Claim Right/Duty 2.2 Privilege/No Claim 2.3 Power/Liability 2.4 Immunity/Disability 2.5 Hohfeld: Conclusion 3. Obstacles to Conceiving Intellectual Property as Property 3.1 Intellectual Property Acquisition and Misunderstandings About What it Means to be a Right 3.2 What, No Automatic Injunction? That’s Not Property! 3.3 Why Intellectual Property Rights Are Not ‘Regulation’ 3.3.2 The Second Sense of ‘Regulation’ 3.3.3 Freedom and Permission 3.3.4 Freedoms in Historical Perspective 3.4 Intellectual Property Rights as Property Rights: Summing Up 4. Problems With Conceiving Intellectual Property as Property 4.1 Group Ownership 4.2 Intellectual Property As Constitutional Property: The Takings Problem 5. Conclusion 1. Intellectual Property Rights as Rights Electronic copy available at: https://ssrn.com/abstract=2959073 The phrase is common enough that it rolls off the tongue: intellectual property rights. It even has a well-known acronym, ‘IPRs.’1 But are they really rights? And if so, what kind of rights? Most importantly, what difference does it make that they are rights – what practical import does this carry? These are the questions I take up here. -
Intellectual Property and Information Technology
Intellectual Property and Information Technology Cover or Section Title • 1 Dentons’ Kazakhstan Intellectual Property practice will select the right options to suit your business needs, whether you are assessing an IP portfolio, performing due diligence for an acquisition, securing a patent, trademark, trade secret or copyright or need to resolve a dispute through litigation or other means. We are uniquely positioned to help, with a full-service IP practice that is integrated with other practices, providing you with comprehensive and tailored legal solutions. Our enviable track record includes representing entrepreneurs, artists, public institutions, emerging companies and global corporations. We are pioneers in researching cloud computing regulation in Kazakhstan. Given that there are no special (complex) regulations regarding cloud computing in the country, a set of normative acts are applicable, which requires a thorough knowledge of the national security law, personal data law, law on banks and banking activity, informatization, etc. 2 • Cover or Section Title The leading legal practice in Kazakhstan Overview The leading legal practice in Kazakhstan. Dentons is the only international law firm with a full-service IP practice in Kazakhstan. It comprises five professionals: a Partner, two lawyers, including a qualified Patent and Trademark Attorney of the Republic of Kazakhstan and two paralegals. Dentons’ IP and TMT practice is recognized as Tier 1 in Kazakhstan, according to The Legal 500. In 2021, our practice was also included in the World Trademark Review (WTR 1000) ranking. Wide list of services We can assist you with IP protection (procedural issues of registration of the exclusive rights to items of intellectual property) and issues of IP enforcement at pre-litigation (including administrative proceedings with state bodies) and litigation stages.