Revisiting The Philosophical Foundations Of Trademarks In The Us And Uk

Author : Mohammad Amin Naser
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443818291
Total Pages : 230 pages
Book Rating : 4.92/5 ( download)

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Download or read book Revisiting the Philosophical Foundations of Trademarks in the US and UK written by Mohammad Amin Naser and published by Cambridge Scholars Publishing. This book was released on 2009-12-14 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Moh'd Amin Naser
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.89/5 ( download)

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Download or read book Revisiting the Philosophical Foundations of Trademarks in the US and the UK in the Light of the Economic-social Planning Theory written by Moh'd Amin Naser and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis challenges the philosophical foundations of current trademark systems. It takes the trademark legislations of the United States and the United Kingdom as case studies for the argument of this thesis. In proving the hypothesis -that the theoretical foundations of trademark systems should be revisited- the thesis 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. Accordingly, the thesis 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 in this thesis as source and origin identifiers, rather than quality identifiers. This thesis advances a new argument insofar as it develops this origin function of trademarks into a modern concept, whereby this is considered as the only primary function of trademarks, and forms the rational basis for trademark protection. This opens the way for other secondary functions such as the quality, advertising and informative functions. More importantly, this thesis focuses on the often ignored role of the public and their rights in trademarks. As such, the most equitable approach, on the basis of the proposed justification, lies in the adoption of the confusion rationale for trademarks protection, not the dilution individualistic and monopolistic rationale. The two jurisdictions of this thesis prove not only that the problem lies in the adoption of dilution, but also in the wide application of the confusion rationale. They also prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts (for example in the form of trademark parody), thereby threatening the principles of freedom of expression as a human fundamental right.

Author : Haochen Sun
Publisher : Oxford University Press, USA
ISBN 13 : 0199335702
Total Pages : 369 pages
Book Rating : 4.01/5 ( download)

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Download or read book The Luxury Economy and Intellectual Property written by Haochen Sun and published by Oxford University Press, USA. This book was released on 2015 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : University of California, Davis. School of Law
Publisher :
ISBN 13 :
Total Pages : 748 pages
Book Rating : 4.42/5 ( download)

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Download or read book U.C. Davis Law Review written by University of California, Davis. School of Law and published by . This book was released on 2013 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Peter Drahos
Publisher : Routledge
ISBN 13 : 1351962086
Total Pages : 383 pages
Book Rating : 4.87/5 ( download)

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Download or read book A Philosophy of Intellectual Property written by Peter Drahos and published by Routledge. This book was released on 2016-12-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Daniel Chernilo
Publisher : Cambridge University Press
ISBN 13 : 9781107462786
Total Pages : 0 pages
Book Rating : 4.89/5 ( download)

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Download or read book The Natural Law Foundations of Modern Social Theory written by Daniel Chernilo and published by Cambridge University Press. This book was released on 2014-10-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Allan C. Ornstein
Publisher : Prentice Hall
ISBN 13 : 9780132678100
Total Pages : 0 pages
Book Rating : 4.01/5 ( download)

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Download or read book Curriculum written by Allan C. Ornstein and published by Prentice Hall. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ideal resource for researchers, theoreticians, and practitioners of curriculum; a ready reference for teachers, supervisors, and administrators who participate in curriculum making; and a widely popular text for courses in curriculum planning, development, implementation, and evaluation, this book presents a comprehensive, thoroughly documented, balanced overview of the foundations, principles, and issues of curriculum today. The information presented encourages readers to consider choices and then formulate their own views on curriculum.

Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
ISBN 13 : 1848441312
Total Pages : 555 pages
Book Rating : 4.16/5 ( download)

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Download or read book Trademark Law and Theory written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2008 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni

Author : Carlos M. Correa
Publisher : Springer
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.58/5 ( download)

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Download or read book Intellectual Property written by Carlos M. Correa and published by Springer. This book was released on 1998-09-17 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Gaëlle Krikorian
Publisher : Mit Press
ISBN 13 : 9781890951962
Total Pages : 0 pages
Book Rating : 4.6X/5 ( download)

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Download or read book Access to Knowledge in the Age of Intellectual Property written by Gaëlle Krikorian and published by Mit Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A movement emerges to challenge the tightening of intellectual property law around the world. At the end of the twentieth century, intellectual property rights collided with everyday life. Expansive copyright laws and digital rights management technologies sought to shut down new forms of copying and remixing made possible by the Internet. International laws expanding patent rights threatened the lives of millions of people around the world living with HIV/AIDS by limiting their access to cheap generic medicines. For decades, governments have tightened the grip of intellectual property law at the bidding of information industries; but recently, groups have emerged around the world to challenge this wave of enclosure with a new counter-politics of "access to knowledge" or "A2K." They include software programmers who took to the streets to defeat software patents in Europe, AIDS activists who forced multinational pharmaceutical companies to permit copies of their medicines to be sold in poor countries, subsistence farmers defending their rights to food security or access to agricultural biotechnology, and college students who created a new "free culture" movement to defend the digital commons. Access to Knowledge in the Age of Intellectual Property maps this emerging field of activism as a series of historical moments, strategies, and concepts. It gathers some of the most important thinkers and advocates in the field to make the stakes and strategies at play in this new domain visible and the terms of intellectual property law intelligible in their political implications around the world. A Creative Commons edition of this work will be freely available online.