Drake University Law School Legal Studies Research Paper Series最新文献

筛选

英文中文

The Curious Case of Fake Beijing Olympics Merchandise 假冒北京奥运会商品的奇案

Drake University Law School Legal Studies Research Paper Series Pub Date : 2013-04-03 DOI: 10.4337/9781781953914.00022

Philip S. Yu

{"title":"The Curious Case of Fake Beijing Olympics Merchandise","authors":"Philip S. Yu","doi":"10.4337/9781781953914.00022","DOIUrl":"https://doi.org/10.4337/9781781953914.00022","url":null,"abstract":"This chapter closely scrutinizes the intellectual property developments during and in the run-up to the Beijing Olympics to determine whether this important world event has provided the much-needed example to show that China could effectively address the counterfeiting problem when national interests are at stake. As the chapter will show, the case of fake Beijing Olympics merchandise is rather curious. Even though the sale of this merchandise was significantly reduced in Beijing and other major cities during the Olympic Games, such sale was widely present in other parts of the country. To a large extent, the presence of fake Olympic merchandise has shown that the challenge of confronting counterfeiting in China is more a reality than an excuse. It also provides an instructive example for understanding what the Chinese government can and cannot do in its effort to combat massive counterfeiting, the necessary complements for success, and the remaining challenges concerning efforts to protect trademark rights in such a large, complex, and highly populous country. This chapter begins by describing the measures that the Chinese government and the Beijing municipality took in the run-up to the Beijing Olympics. It then explains why the case of fake Beijing Olympics merchandise provides an instructive example of the challenges to combating massive counterfeiting in China. In particular, this chapter explains the local protectionism problem, the need for both the government's will and the people's will, and the inevitable trade-offs concerning the use of enforcement resources. The chapter concludes with some lessons on the future protection of trademark rights in China.","PeriodicalId":345329,"journal":{"name":"Drake University Law School Legal Studies Research Paper Series","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132813878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Defining Nature as a Common Pool Resource 将自然定义为公共资源池

Drake University Law School Legal Studies Research Paper Series Pub Date : 2012-11-07 DOI: 10.1017/CBO9781139519762.005

J. Rosenbloom

{"title":"Defining Nature as a Common Pool Resource","authors":"J. Rosenbloom","doi":"10.1017/CBO9781139519762.005","DOIUrl":"https://doi.org/10.1017/CBO9781139519762.005","url":null,"abstract":"One of the many ways in which we attempt to study resource use and conservation is to define natural resources as “common pool resources.” Yet in a broad sense we can understand nature more generally as a common pool resource with which we maintain a special relationship. This definition incorporates several legal, behavioral, and ecological concepts that seek to capture the intricate and complex place where nature and the governance of nature collide. Once we apply the common pool resource definition to nature, we commit to viewing nature through five distinct and specific lenses that are embedded in the common pool resource framework. This chapter explores these commitments in an effort to establish a foundation for related research on how these common pool resource-specific lenses may influence the management of nature. The chapter begins with a short background on common pool resources and the understanding of them in the legal literature. The chapter then turns to five conceptual commitments we make by labeling nature as a common pool resource. An exploration of the commitments reveals that they have both intended and unintended consequences on the way we view nature. Those consequences, in turn, have both positive and negative implications for the management of nature. Further, regardless of whether the commitments help facilitate positive or negative approaches to nature management, each commitment places limiting and potentially harmful constraints on the broader perspective with which we should view nature. The chapter concludes by raising the question of whether this limited perspective fully considers pertinent characteristics inherent in nature and whether we should think more broadly when defining nature.","PeriodicalId":345329,"journal":{"name":"Drake University Law School Legal Studies Research Paper Series","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125524331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Triple Error: Chief Justice Steele and Default - Contractual Duties in Delaware Limited Liability Companies and Limited Partnerships 三重错误:首席大法官斯蒂尔与违约——特拉华州有限责任公司和有限合伙企业的合同义务

Drake University Law School Legal Studies Research Paper Series Pub Date : 2011-12-05 DOI: 10.2139/SSRN.1970387

A. Vestal, J. W. Callison

引用次数: 0