Botanical Classification — Or What's in a Name?
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Botanical Nomenclature: Concept, History of Botanical Nomenclature
Module – 15; Content writer: AvishekBhattacharjee Module 15: Botanical Nomenclature: Concept, history of botanical nomenclature (local and scientific) and its advantages, formation of code. Content writer: Dr.AvishekBhattacharjee, Central National Herbarium, Botanical Survey of India, P.O. – B. Garden, Howrah – 711 103. Module – 15; Content writer: AvishekBhattacharjee Botanical Nomenclature:Concept – A name is a handle by which a mental image is passed. Names are just labels we use to ensure we are understood when we communicate. Nomenclature is a mechanism for unambiguous communication about the elements of taxonomy. Botanical Nomenclature, i.e. naming of plants is that part of plant systematics dealing with application of scientific names to plants according to some set rules. It is related to, but distinct from taxonomy. A botanical name is a unique identifier to which information of a taxon can be attached, thus enabling the movement of data across languages, scientific disciplines, and electronic retrieval systems. A plant’s name permits ready summarization of information content of the taxon in a nested framework. A systemofnamingplantsforscientificcommunicationmustbe international inscope,andmustprovideconsistencyintheapplicationof names.Itmustalsobeacceptedbymost,ifnotall,membersofthe scientific community. These criteria led, almost inevitably, to International Botanical Congresses (IBCs) being the venue at which agreement on a system of scientific nomenclature for plants was sought. The IBCs led to publication of different ‘Codes’ which embodied the rules and regulations of botanical nomenclature and the decisions taken during these Congresses. Advantages ofBotanical Nomenclature: Though a common name may be much easier to remember, there are several good reasons to use botanical names for plant identification. Common names are not unique to a specific plant. -
NYU School of Law Outline: Trademarks, Barton Beebe
NYU School of Law Outline: Trademarks, Barton Beebe Will Frank (Class of 2011) Fall Semester, 2009 Contents 1 Introduction to Trademark and Unfair Competition Law 3 1.1 Sources and Nature of Rights . 4 1.2 The Nature of Unfair Competition Law . 4 1.3 Purposes of Trademark Law . 4 1.4 The Lanham Act . 5 2 Distinctiveness 6 2.1 The Spectrum of Distinctiveness . 7 2.2 Descriptiveness and Secondary Meaning . 7 2.3 Generic Terms . 8 2.4 Distinctiveness of Nonverbal Identifiers (Logos, Packages, Prod- uct Design, Colors) . 9 2.4.1 Different Tests/Standards? . 9 2.4.2 Expanding the Types of Nonverbal Marks . 9 2.4.3 The Design/Packaging Distinction . 10 2.4.4 Trade Dress Protection After Wal-Mart . 10 2.5 The Edge of Protection: Subject Matter Exclusions? . 12 2.5.1 Exotic Source-Identifiers . 12 2.6 Review . 12 3 Functionality 13 3.1 The Concept . 14 3.2 The Scope of the Doctrine . 15 3.3 The Modern Approach . 15 3.4 Post-TrafFix Devices Applications . 17 4 Use 18 4.1 As a Jurisdictional Prerequisite . 18 4.2 As a Prerequisite for Acquiring Rights . 18 4.2.1 Actual Use . 18 4.2.2 Constructive Use . 19 1 4.3 \Surrogate" Uses . 20 4.3.1 By Affiliates . 20 4.4 The Public as Surrogate . 20 4.5 Loss of Rights . 21 4.5.1 Abandonment Through Non-Use . 21 4.5.2 Abandonment Through Failure to Control Use . 21 5 Registration 22 5.1 The Registration Process . 22 5.1.1 Overview . -
Protecting Folklore Under Modern Intellectual Property Regimes
American University Law Review Volume 48 | Issue 4 Article 2 1999 Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal of the Tensions Between Individual and Communal Rights in Africa and the United States Paul Kuruk Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the Intellectual Property Commons, and the International Law Commons Recommended Citation Kuruk, Paul. “ Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal of the Tensions Between Individual and Communal Rights in Africa and the United States.” American University Law Review 48, no.4 (April, 1999): 769-843. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal of the Tensions Between Individual and Communal Rights in Africa and the United States Keywords Folklore, Intellectual Property Law, Regional Arrangements This article is available in American University Law Review: http://digitalcommons.wcl.american.edu/aulr/vol48/iss4/2 PROTECTING FOLKLORE UNDER MODERN INTELLECTUAL PROPERTY REGIMES: A REAPPRAISAL OF THE TENSIONS BETWEEN INDIVIDUAL AND COMMUNAL RIGHTS IN AFRICA AND THE UNITED STATES * PAUL KURUK TABLE OF CONTENTS Introduction.............................................................................................. I. Folklore Under Traditional Systems........................................ 776 A. Nature of Folklore ............................................................. 776 B. Protection Under Customary Law .................................... 780 1. Social groups and rights in folklore ........................... -
The Nature of Naming What’S in a Name?
The Nature of Naming What’s in a Name? • "A rose is a rose," it has been said • And most of us know a rose when we see one • As we know the African marigolds • Maples, elms, cedars, and pines that shade our backyards and line our streets What’s in a Name? • We usually call these plants by their common names • But if we wanted to know more about the cedar tree in our front yard, we would find that "cedar" may refer to: – Eastern red cedar What’s in a Name? • Incense cedar What’s in a Name? • Western red cedar What’s in a Name? • Atlantic white cedar What’s in a Name? • Spanish cedar What’s in a Name? • Biblical Lebanon cedar What’s in a Name? • In fact, we would find that cedars are found in three separate plant families What’s in a Name? • Later, after discovering that our "African" marigolds are in fact from Mexico and our "Spanish" cedar originated in the West Indies, we would realize how misleading the common names of plants can be. What’s in a Name? • The same plant can have many different common names – European white lily has at least 245 – Marsh marigold has at least 280 What’s in a Name? • Clearly, if we use only the common name of a plant, we cannot be sure of understanding very much about that plant Classification • It is for this reason that the scientific community prefers to use a more precise way of naming, or classification • Scientific classification, however, is more than just naming: it is a key to understanding • Botanists name a plant to give it a unique place in the biological world, as well as to clarify its relationships within that world How Are Plants Classified? • Science classifies living things in an orderly system through which they can be easily identified – Categories of increasing size, based upon relationships within those categories How Are Plants Classified? • For example, all plants can be put in order from the more primitive to the more advanced. -
Basics Track: Franchisor's Intellectual Property and How to Protect It
International Franchise Association 52nd Annual Legal Symposium May 5-7, 2019 Washington, DC Basics Track: Franchisor’s Intellectual Property and How to Protect It Christopher Kelly Partner, Wiley Rein LLP Washington, D.C. Vincent Frantz Attorney, Cheng Cohen LLC Chicago, Illinois 1 Table of Contents I. The Four Primary Types of Intellectual Property ....................................................... 4 A. Trademarks ........................................................................................................... 4 1. Selecting a Protectable Mark ............................................................................. 5 2. Common Law Trademarks ................................................................................. 7 3. Domestic Trademark Registration ...................................................................... 8 4. International Trademark Protection .................................................................. 11 5. Proper Use of Trademarks ............................................................................... 12 6. Enforcement of Rights/Trademark Infringement ............................................... 13 B. Trade Secrets ...................................................................................................... 14 1. Elements of a Trade Secret.............................................................................. 15 2. Misappropriation of Trade Secrets ................................................................... 16 3. Federal Protection for Trade Secrets -
Introduction to Trademark Law and Practice
WORLD INTELLECTUAL PROPERTY ORGANIZATION INTRODUCTION TO TRADEMARK LAW & PRACTICE THE BASIC CONCEPTS A WIPO TRAINING MANUAL GENEVA 1993 (Second Edition) ( ( WIPO PUBLICATION No 653 (El ISBN 92-805-0167-4 WIPO 1993 PREFACE The present publication is the second edition of a volume of the same title that was published by the World Intellectual Property Organization (WIPO) in 1987 and reprinted in 1990. The first edition was written by Mr. Douglas Myall, former Assistant Registrar of Trade Marks, United Kingdom. The present revised edition of the publication has been prepared by Mr. Gerd Kunze, Vevey, Switzerland, and reflects his extensive expertise and experience in the administration of the trademark operations of a large international corporation, Nestle S. A., as well as his intensive involvement, as a leading representative of several international non-governmental organizations, in international meetings convened by WIPO. This publication is intended to provide a practical introduction to trademark administration for those with little or no experience of the subject but who may have to deal with it in an official or business capacity. Throughout the text, the reader is invited to answer questions relating to the text. Those questions are numbered to correspond to the answers that are given, with a short commentary, in Appendix I. Arpad Bogsch Director General World Intellectual Property Organization February 1993 ( ( LIST OF CONTENTS CHAPTER 1. TRADEMARKS AND OTHER SIGNS: A GENERAL SURVEY 7 1.1 Use of trademarks in commerce . 9 1.2 What is a trademark?. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9 1.3 Need for legal protection .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10 1.4 How can a trademark be protected? . -
(Sarracenia) Provide a 21St-Century Perspective on Infraspecific Ranks and Interspecific Hybrids: a Modest Proposal* for Appropriate Recognition and Usage
Systematic Botany (2014), 39(3) © Copyright 2014 by the American Society of Plant Taxonomists DOI 10.1600/036364414X681473 Date of publication 05/27/2014 Pitcher Plants (Sarracenia) Provide a 21st-Century Perspective on Infraspecific Ranks and Interspecific Hybrids: A Modest Proposal* for Appropriate Recognition and Usage Aaron M. Ellison,1,5 Charles C. Davis,2 Patrick J. Calie,3 and Robert F. C. Naczi4 1Harvard University, Harvard Forest, 324 North Main Street, Petersham, Massachusetts 01366, U. S. A. 2Harvard University Herbaria, Department of Organismic and Evolutionary Biology, 22 Divinity Avenue, Cambridge, Massachusetts 02138, U. S. A. 3Eastern Kentucky University, Department of Biological Sciences, 521 Lancaster Avenue, Richmond, Kentucky 40475, U. S. A. 4The New York Botanical Garden, 2900 Southern Boulevard, Bronx, New York 10458, U. S. A. 5Author for correspondence ([email protected]) Communicating Editor: Chuck Bell Abstract—The taxonomic use of infraspecific ranks (subspecies, variety, subvariety, form, and subform), and the formal recognition of interspecific hybrid taxa, is permitted by the International Code of Nomenclature for algae, fungi, and plants. However, considerable confusion regarding the biological and systematic merits is caused by current practice in the use of infraspecific ranks, which obscures the meaningful variability on which natural selection operates, and by the formal recognition of those interspecific hybrids that lack the potential for inter-lineage gene flow. These issues also may have pragmatic and legal consequences, especially regarding the legal delimitation and management of threatened and endangered species. A detailed comparison of three contemporary floras highlights the degree to which infraspecific and interspecific variation are treated inconsistently. -
ANNEX 2 Provisions of the Convention for the Protection of Industrial Property (1967) Referred to in the TRIPS Agreement* TABLE
ANNEX 2 Provisions of the Convention for the Protection of Industrial Property (1967) referred to in the TRIPS Agreement TABLE OF CONTENTS Article 1 Establishment of the Union; Scope of Industrial Property Article 2 National Treatment for Nationals of Countries of the Union Article 3 Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union Article 4 A to I. Patents, Utility Models, Industrial Designs, Marks, Inventors’ Certificates: Right of Priority - G. Patents: Division of the Application Article 4bis Patents: Independence of Patents Obtained for the Same Invention in Different Countries Article 4ter Patents: Mention of the Inventor in the Patent Article 4quater Patents: Patentability in Case of Restrictions of Sale by Law Article 5 A. Patents: Importation of Articles; Failure to Work or Insufficient Working; Compulsory Licences. B. Industrial Designs: Failure to Work; Importation of Articles C. Marks: Failure to Use; Different Forms; Use by Co-proprietors D. Patents, Utility Models, Marks, Industrial Designs: Marking Article 5bis All Industrial Property Rights: Period of Grace for the Payment of Fees for the Maintenance of Rights; Patents: Restoration Article 5ter Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land Vehicles [WTO Secretariat note] The provisions reproduced herein are referred to in Article 2.1 and in other provisions of the TRIPS Agreement. This volume uses the titles that the International Bureau of WIPO has given to them to facilitate their identification. The Table of Contents is added for the convenience of the reader. Neither the titles nor the Table of Contents appear in the signed (French) text. -
Life History Variation Between High and Low Elevation Subspecies of Horned Larks Eremophila Spp
J. Avian Biol. 41: 273Á281, 2010 doi: 10.1111/j.1600-048X.2009.04816.x # 2010 The Authors. J. Compilation # 2010 J. Avian Biol. Received 29 January 2009, accepted 10 August 2009 Life history variation between high and low elevation subspecies of horned larks Eremophila spp. Alaine F. Camfield, Scott F. Pearson and Kathy Martin A. F. Camfield ([email protected]) and K. Martin, Centr. for Appl. Conserv. Res., Fac. of Forestry, Univ. of British Columbia, 2424 Main Mall, Vancouver, B.C., Canada, V6T 1Z4. AFC and KM also at: Canadian Wildlife Service, Environment Canada, 351 St. Joseph Blvd., Gatineau, QC K1A 0H3. Á S. F. Pearson, Wildl. Sci. Div., Washington Dept. of Fish and Wildl., 1111 Washington St. SE, Olympia, WA, USA, 98501-1091. Environmental variation along elevational gradients can strongly influence life history strategies in vertebrates. We investigated variation in life history patterns between a horned lark subspecies nesting in high elevation alpine habitat Eremophila alpestris articola and a second subspecies in lower elevation grassland and sandy shoreline habitats E. a. strigata. Given the shorter breeding season and colder climate at the northern alpine site we expected E. a. articola to be larger, have lower fecundity and higher apparent survival than E. a. strigata. As predicted, E. a. articola was larger and the trend was toward higher apparent adult survival for E. a. articola than E. a. strigata (0.69 vs 0.51). Contrary to our predictions, however, there was a trend toward higher fecundity for E. a. articola (1.75 female fledglings/female/year vs 0.91). -
Terrapene Carolina (Linnaeus 1758) – Eastern Box Turtle, Common Box Turtle
Conservation Biology of Freshwater Turtles and Tortoises: A Compilation Project ofEmydidae the IUCN/SSC — TortoiseTerrapene and Freshwatercarolina Turtle Specialist Group 085.1 A.G.J. Rhodin, P.C.H. Pritchard, P.P. van Dijk, R.A. Saumure, K.A. Buhlmann, J.B. Iverson, and R.A. Mittermeier, Eds. Chelonian Research Monographs (ISSN 1088-7105) No. 5, doi:10.3854/crm.5.085.carolina.v1.2015 © 2015 by Chelonian Research Foundation • Published 26 January 2015 Terrapene carolina (Linnaeus 1758) – Eastern Box Turtle, Common Box Turtle A. ROSS KIESTER1 AND LISABETH L. WILLEY2 1Turtle Conservancy, 49 Bleecker St., Suite 601, New York, New York 10012 USA [[email protected]]; 2Department of Environmental Studies, Antioch University New England, 40 Avon St., Keene, New Hampshire 03431 USA [[email protected]] SUMMARY. – The Eastern Box Turtle, Terrapene carolina (Family Emydidae), as currently understood, contains six living subspecies of small turtles (carapace lengths to ca. 115–235 mm) able to close their hinged plastrons into a tightly closed box. Although the nominate subspecies is among the most widely distributed and well-known of the world’s turtles, the two Mexican subspecies are poorly known. This primarily terrestrial, though occasionally semi-terrestrial, species ranges throughout the eastern and southern United States and disjunctly in Mexico. It was generally recognized as common in the USA throughout the 20th century, but is now threatened by continuing habitat conversion, road mortality, and collection for the pet trade, and notable population declines have been documented throughout its range. In the United States, this turtle is a paradigm example of the conservation threats that beset and impact a historically common North American species. -
Phylum Arthropoda*
Zootaxa 3703 (1): 017–026 ISSN 1175-5326 (print edition) www.mapress.com/zootaxa/ Correspondence ZOOTAXA Copyright © 2013 Magnolia Press ISSN 1175-5334 (online edition) http://dx.doi.org/10.11646/zootaxa.3703.1.6 http://zoobank.org/urn:lsid:zoobank.org:pub:FBDB78E3-21AB-46E6-BD4F-A4ADBB940DCC Phylum Arthropoda* ZHI-QIANG ZHANG New Zealand Arthropod Collection, Landcare Research, Private Bag 92170, Auckland, New Zealand; [email protected] * In: Zhang, Z.-Q. (Ed.) Animal Biodiversity: An Outline of Higher-level Classification and Survey of Taxonomic Richness (Addenda 2013). Zootaxa, 3703, 1–82. Abstract The Arthropoda is here estimated to have 1,302,809 described species, including 45,769 fossil species (the diversity of fossil taxa is here underestimated for many taxa of the Arthropoda). The Insecta (1,070,781 species) is the most successful group, and it alone accounts for over 80% of all arthropods. The most successful insect order, Coleoptera (392,415 species), represents over one-third of all species in 39 insect orders. Another major group in Arthropoda is the class Arachnida (114,275 species), which is dominated by the Acari (55,214 mite and tick species) and Araneae (44,863 spider species). Other diverse arthropod groups include Crustacea (73,141 species), Trilobitomorpha (20,906 species) and Myriapoda (12,010 species). Key words: Classification, diversity, Arthropoda Introduction The Arthropoda, with over 1.5 million described species, is the largest animal phylum, and it alone accounts for about 80% of the total number of species in the animal kingdom (Zhang 2011a). In the last volume on animal higher-level classification and survey of taxonomic richness, 28 chapters by numerous teams of specialists were published on various taxa of the Arthropoda, but there were many gaps to be filled (Zhang 2011b). -
Common Ground and Differences Between Spirulina and Chlorella Spirulina
Common ground and differences between Spirulina and Chlorella Spirulina: Spirulina platensis microalgae belong to the most pre- cious alkaline natural substances of our time. In a concentrated natural form they provide more than Attributes Chlorella pyrenoidosa Spirulina platensis 50 vital substances for human beings and animals. In all eras they have been used as a supplement food, e. g. in Botanical name • Chlorella pyrenoidosa • Spirulina platensis previous ancient cultures of the Maya and Aztec. Species • green algae (Chlorophyta) • blue algae (Cyanobacteria) Conditions of growth • in fresh-water • in very alkaline soda-water • estimated age: approx. 3.1 billion years (pH-value 9 - 11) • natural sources: shallow, mineral rich lakes, in Microscopic pictures tropical or subtropical climes, e.g. Africa, South- America India, China, Taiwan, Japan • global use: as food and in food, as a food supplement, as animal feed, especially for ornamental fish, birds, and small animals, as a cosmetic agent Cell form characteristic • Protozoa, round • Protozoa in a thread-shaped compound, spiral Cell wall • cellulose with sporopollenin, of which it is • easily digestible polysaccharides, which said to have a heavy metal binding takes care of good digestibility and Chlorella: quality a good bioavailability of all vital substances Cell nucleus • with cell nucleus • no cell nucleus, free spiral DNA Chlorella probably has the highest chlorophyll content in the plant kingdom. From there it gets its neme which means „little greenness“. Nutrient characteristics • rich in nutrients, with over 50 vital substan- • rich in nutrients with over 50 vital substances Chlorophyll is an important oxidant carrier and is also cal- ces and all 8 essential amino acids and all 8 essential amino acids led „treasured up sunlight“.