Revisiting the Philosophical Foundations of Trademarks in the US and UK

Revisiting the Philosophical Foundations of Trademarks in the US and UK
Title Revisiting the Philosophical Foundations of Trademarks in the US and UK PDF eBook
Author Mohammad Amin Naser
Publisher Cambridge Scholars Publishing
Total Pages 230
Release 2009-12-14
Genre Law
ISBN 1443818291

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This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of “co-authorship” of trademarks by both the public and trademark owners. The book develops the “Economic-Social Planning justification”, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.

The Luxury Economy and Intellectual Property

The Luxury Economy and Intellectual Property
Title The Luxury Economy and Intellectual Property PDF eBook
Author Haochen Sun
Publisher Oxford University Press
Total Pages 368
Release 2015-08-26
Genre Law
ISBN 0199335729

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Intellectual property law plays a pivotal role in ensuring that luxury goods companies can recoup their investments in the creation and dissemination of their copyrighted works, trademarked logos, and patented designs. In 2011, global sales for luxury goods reached about $250 billion, and consumers in East and Southeast Asia accounted for more than 50 percent of that figure. The rapid expansion of the market has prompted some retailers to wield intellectual property against the influx of imitators and counterfeiters. The Luxury Economy and Intellectual Property comprehensively explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law. Topics covered include defining the concept of luxury, the social life of luxury goods, concerns about distributive justice in a world flooded by luxury goods and knockoffs, the globalization of luxury goods, and the economic, social, and political ramifications of the meteoric rise of the Asian luxury goods market.

U.C. Davis Law Review

U.C. Davis Law Review
Title U.C. Davis Law Review PDF eBook
Author University of California, Davis. School of Law
Publisher
Total Pages 748
Release 2013
Genre Law reviews
ISBN

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Cultural Hegemony in a Scientific World

Cultural Hegemony in a Scientific World
Title Cultural Hegemony in a Scientific World PDF eBook
Author
Publisher BRILL
Total Pages 440
Release 2020-12-07
Genre Political Science
ISBN 9004443770

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A comprehensive survey of how scientific disciplines have always been informed by politics and ideology on the basis of the Gramscian views in historical materialism, hegemony and civil society.

A Philosophy of Intellectual Property

A Philosophy of Intellectual Property
Title A Philosophy of Intellectual Property PDF eBook
Author Peter Drahos
Publisher Routledge
Total Pages 383
Release 2016-12-05
Genre Law
ISBN 1351962086

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Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.

The Natural Law Foundations of Modern Social Theory

The Natural Law Foundations of Modern Social Theory
Title The Natural Law Foundations of Modern Social Theory PDF eBook
Author Daniel Chernilo
Publisher Cambridge University Press
Total Pages 0
Release 2014-10-30
Genre Social Science
ISBN 9781107462786

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After several decades in which it became a prime target for critique, universalism remains one of the most important issues in social and political thought. Daniel Chernilo reassesses the universalistic orientation of social theory and explains its origins in natural law theory, using an impressive array of classical and contemporary sources that include, among others, Jürgen Habermas, Karl Löwith, Leo Strauss, Weber, Marx, Hegel, Rousseau and Hobbes. 'The Natural Law Foundations of Modern Social Theory' challenges previous accounts of the rise of social theory, recovers a strong idea of humanity and revisits conventional arguments on sociology's relationship to modernity, the Enlightenment and natural law. It reconnects social theory to its scientific and philosophical roots, its descriptive and normative tasks and its historical and systematic planes. Chernilo's defence of universalism for contemporary social theory will surely engage students of sociology, political theory and moral philosophy alike.

Intellectual Property

Intellectual Property
Title Intellectual Property PDF eBook
Author Carlos M. Correa
Publisher Springer
Total Pages 504
Release 1998-09-17
Genre Law
ISBN

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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), completed within the framework of the Uruguay Round of Multilateral Trade Negotiations, Is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights. it supplements and modifies the earlier conventions governing intellectual property rights, which were periodically revised to promote the quasi-uniform regulation of industrial property and copyright in a gradual and incremental manner. Comprising chapters contributed by a distinguished panel of experts, Intellectual Property and International Trade offers a framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. it highlights the context in which the TRIPS Agreement was elaborated and adopted And The way to interpret and apply it. the book also extensively analyses the new standards established under the TRIPS Agreement, particularly as compared To The rules contained in pre existing intellectual property conventions. Finally, it stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the TRIPS Agreement, The legislative latitude it leaves its Member States, And The loose ends that may need consideration in the future at the national or international level.