Robert P Merges What Kind of Rights Are Intellectual Property Rights?
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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. -
Waiting for Hohfeld: Property Rights, Property Privileges, and the Physical Consequences of Word Choice
LONG (DO NOT DELETE) 3/11/2013 4:15 PM Waiting for Hohfeld: Property Rights, Property Privileges, and the Physical Consequences of Word Choice Jerrold A. Long* ABSTRACT An important part of our institutional and cultural history is our understanding of a system of property interests. The most common trajectory of land-use regulation appears consistent with a property rights meta-narrative that informs multiple academic disciplines and levels of human interaction. This meta-narrative suggests that all land-use decisions begin with an assumption about the nature and extent of property rights held by potentially affected landowners, and that the ultimate end of any land-use regime is to “protect” those assumed property rights from unwarranted or unjustified intrusion by government. Because the law is a distinct linguistic environment in which word choices, and definitions, have significant consequences, this assumed rhetorical landscape of a property dispute plays a significant role in determining the dispute’s ultimate outcome. In most land-use disputes, all participants make one important concession, or assertion, before the discussion begins. The often unchallenged assertion is the claim that the discussion is in fact about property rights. Once a particular property interest is characterized as a “right,” the community’s political capacity to regulate that property interest diminishes substantially. Consequently, our decisions to characterize as “rights” those settings, circumstances and relationships that are better and more accurately understood as “privileges” changes our focus from the * Jerrold A. Long is an Associate Professor of Law and an Affiliate Professor in the Bioregional Planning and Community Design and Water Resources programs at the University of Idaho. -
Private Law and Public Law
Private Law and Public Law F.J.M. Feldbrugge Emeritus Professor of East European Law University of Leiden, Faculty of Law We talk about private law and public law as if everybody knew what was meant when these words are being used about law. This probably holds true for lawyers and even law students, but not for the general population. Most people will have some sort of idea about labor law, or bankruptcy law, but the distinction between private law and public law, considered as most fundamental by most lawyers, means next to nothing to the man or woman in the street. Is the problem perhaps avoidable, do we actually need the public/ private law distinction? If we do not, the matter could be left to those inclined to such intellectual pastimes. Unfortunately, the distinction between public and private law entails practical consequences, at least in continental legal systems, so it can- not be referred to the convenient and already very large file of problems that do not need a solution. To start at the simplest and most practical level: our law happens to be divided into two boxes; some of it has been put into the box marked “public law”, and the rest into the box marked “private law”, and the contents of these two boxes are treated somewhat differently. For the law student and the humble practitioner this may be enough to know. But the more discerning lawyer would of course like to know why some law goes into one box and some into the other. Two thousand years of jurisprudence—because the distinction goes back at least as far as the Romans—have produced a vast body of literature containing answers to this question. -
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. -
Compatibility of Sharia Law with the European Convention on Human Rights: Can States Parties to the Convention Be Signatories to the “Cairo Declaration”?
http://assembly.coe.int Doc. 14787 03 January 2019 Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories to the “Cairo Declaration”? Report1 Committee on Legal Affairs and Human Rights Rapporteur: Mr Antonio GUTIÉRREZ, Spain, Socialists, Democrats and Greens Group Summary The Committee on Legal Affairs and Human Rights considers that the 1990 Cairo Declaration on Human Rights in Islam, whilst not legally binding, has symbolic value and political significance in terms of human rights policy under Islam. However, it fails to reconcile Islam with universal human rights, especially insofar as it considers Sharia law as its sole source of reference and does not recognise certain rights. The committee is therefore concerned that three Council of Europe member States – Albania, Azerbaijan and Turkey – are signatories to the 1990 Cairo Declaration, as are Jordan, Kyrgyzstan, Morocco and Palestine, whose parliaments enjoy partner for democracy status with the Parliamentary Assembly. The committee considers that where human rights are concerned there is no room for religious or cultural exceptions. Member States and partners for democracy should bolster religious pluralism, tolerance and equal rights of all. Bridges of understanding between Sharia law and the European Convention on Human Rights should be created, on the prior condition of acceptance that the Convention is an international instrument binding on all States Parties. This report also addresses the actual application of Sharia principles in certain member States and makes country-specific recommendations. 1. Reference to committee: Doc. 13965, Reference 4188 of 4 March 2016. F - 67075 Strasbourg Cedex | [email protected] | Tel: +33 3 88 41 2000 | assembly.coe.int Doc. -
The Problem of Delay in the Contract Formation Process: a Comparative Study of Contract Law Mikio Yamaguchi T
Cornell International Law Journal Volume 37 Article 3 Issue 2 2004 The rP oblem of Delay in the Contract Formation Process: A Comparative Study of Contract Law Mikio Yamaguchi Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Yamaguchi, Mikio (2004) "The rP oblem of Delay in the Contract Formation Process: A Comparative Study of Contract Law," Cornell International Law Journal: Vol. 37: Iss. 2, Article 3. Available at: http://scholarship.law.cornell.edu/cilj/vol37/iss2/3 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. The Problem of Delay in the Contract Formation Process: A Comparative Study of Contract Law Mikio Yamaguchi T Introduction ..................................................... 358 I. Law Applicable to the Problem of Delay in the United States .................................................... 3 6 1 A. Structure of Applicable Law ........................... 361 B. Priority of the Applicable Law ........................ 362 II. Comparative Study of the Contract Formation Process ..... 363 A. Legal Structure of the Contract Formation Process ..... 363 1. Structure of the Contract Formation Process Under the Comm on Law ................................. 363 2. Structure of the Contract Formation Process from a Comparative Perspective ........................... 364 B. A Major Function of the Common Law in the Contract Form ation Process .................................... 365 1. Common Law Rules and Principles That Reflect the Balancing Function ................................ 365 2. Balancing Function from a Comparative Perspective ....................................... -
Method and Principle in Legal Theory
Book Review Method and Principle in Legal Theory Stephen R. Perryt The Practice of Principle: In Defence of a PragmatistApproach to Legal Theory. By Jules L. Coleman.* Oxford. Oxford University Press, 2001. Pp. 226. $39.95. Jules Coleman is an exceptionally distinguished legal theorist who has made significant contributions to many different fields in legal and political philosophy, but he is particularly well known for his work in tort theory and in jurisprudence. In tort theory, he has offered a powerful and sustained defense of the view that tort law is best understood by reference to the principle of corrective justice.' In jurisprudence, he is one of the two most prominent contemporary legal positivists-the other is Joseph Raz-and also the leading proponent of the view that has come to be known as inclusive legal positivism.2 That view holds that while a particular legal system's criteria of legality-the criteria that determine which norms are to count in the system as legal norms-must be grounded in a social convention of a certain kind, the criteria themselves need not refer exclusively to social sources; contrary to what Raz has argued, the sources of law can also be moral in character. t John J. O'Brien Professor of Law and Professor of Philosophy, University of Pennsylvania Law School. I would like to thank the participants in a workshop at Duke Law School for their helpful comments on an earlier draft of this Review. * Wesley Newcomb Hohfeld Professor of Jurisprudence and Professor of Philosophy, Yale University. 1. See, e.g., JULES L. -
The Concept of Law Revisited
Michigan Law Review Volume 94 Issue 6 1996 The Concept of Law Revisited Leslie Green Osgoode Hall Law School, York University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Public Law and Legal Theory Commons Recommended Citation Leslie Green, The Concept of Law Revisited, 94 MICH. L. REV. 1687 (1996). Available at: https://repository.law.umich.edu/mlr/vol94/iss6/15 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. IBE CONCEPT OF LAW REVISITED Leslie Green* THE CONCEPT OF LAW. Second Edition. By H.L.A. Hart. With a Postscript edited by Penelope A. Bulloch and Joseph Raz. Oxford: Clarendon Press. 1994. Pp. xii, 315. $26. Law is a social construction. It is a historically contingent fea ture of certain societies, one whose emergence is signaled by the rise of a systematic form of social control and elite domination. In one way it supersedes custom, in another it rests on it, for law is a system of primary social rules that direct and appraise behavior, together with secondary social rules that identify, change, and en force the primary rules. Law may be beneficial, but only in some contexts and always at a price, at the risk of grave injustice; our appropriate attitude to it is therefore one of caution rather than celebration. -
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. -
Four Conceptualizations of the Relations of Law to Economics (Tribulations of a Positivist Social Science)
University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2012 Four Conceptualizations of the Relations of Law to Economics (Tribulations of a Positivist Social Science) Pierre Schlag University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Law and Economics Commons Citation Information Pierre Schlag, Four Conceptualizations of the Relations of Law to Economics (Tribulations of a Positivist Social Science), 33 CARDOZO L. REV. 2357 (2012), available at https://scholar.law.colorado.edu/articles/ 115. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: 33 Cardozo L. Rev. 2357 2011-2012 Provided by: William A. Wise Law Library Content downloaded/printed from HeinOnline Tue Feb 28 10:26:43 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information FOUR CONCEPTUALIZATIONS OF THE RELATIONS OF LAW TO ECONOMICS (TRIBULATIONS OF A POSITIVIST SOCIAL SCIENCE) PierreSchlag* TABLE OF CONTENTS INTRO DU CTIO N ............................................................................................................. -
Introduction to Law and Legal Reasoning Law Is
CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150. -
Private Law 225 Private Law 226 an ACT Private Law
A86 PRIVATE LAW 225—AUG. 28, 1951 [65 STAT. Private Law 225 CHAPTER 354 August 28, 1951 AN ACT [S. 630] To suspend until August 15, 1951, the application of certain Federal laws with respect to an attorney employed by the Senate Committee on Labor and Public Welfare. Be it enacted hy the Senate and House of Representatives of the Eay R. Murdock. United States of America in Congress assembled^ That service or employment of Ray R. Murdock as an attorney on a temporary basis prior to August 15,1951, to assist the Senate Committee on Labor and Public Welfare or any of its duly authorized subcommittees shall not be considered as service or employment bringing such person within the provisions of sections 281, 283, or 284, of title 18 of the United States 62 Stat. 697. Code, or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of service, or the payment or receipt of compensation in connection with any claim, proceeding, or matter now pending in court and involving the United States. Approved August 28, 1951. Private Law 226 CHAPTER 358 AN ACT August 29, 1951 [S. 100] To record the lawful admission for permanent residence of certain aliens. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That, for the pur poses of the immigration and naturalization laws, Maria Luisa Ajuria Lazpita, Maria Isabel Albizuri Aguirre, Maria Ignacia Arregui Urbieta, Aurora Eduarda Jauregui Gorozarri, Maria Begona Landa- buru Azcue, Josef a Martinez Viqueira, Elvira Echevarria Goicoechea, Pastora Inchausti Susarragui, Jesusa Unzala Eguidazu, Gaudencia Fernandez Carton, Casilda Gomez Martinez, Victoriana Egues Saizar, Maria Blanca Ganchegui Alcorta, Benita Justa Izaguirre Zabalegui, and Teodora Jimenez Buey shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required Quota deductions.