Queen Mary Journal of Intellectual Property最新文献_第8页

Public order and morality in China's Trademark Law: a vague scrutiny based on political order and social morals 中国商标法中的公共秩序与道德:基于政治秩序与社会道德的模糊审视

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-05-01 DOI: 10.4337/QMJIP.2021.02.04

L. Zhang

{"title":"Public order and morality in China's Trademark Law: a vague scrutiny based on political order and social morals","authors":"L. Zhang","doi":"10.4337/QMJIP.2021.02.04","DOIUrl":"https://doi.org/10.4337/QMJIP.2021.02.04","url":null,"abstract":"Under Article 10(1)(8) of China's Trademark Law, a trademark that is contrary to public order and accepted principles of morality is not only refused registration, but also forbidden to be used in commerce. Numerous cases involving the registrability of trademarks are brought to China's courts, and Article 10(1)(8) is one of the main grounds for refusing trademark registration. In general, there are two specific legal issues concerning the application of this provision. One is the legislative purpose and rational basis of this provision. In fact, China's Trademark Office and courts used this provision to block trademark hoarding and to protect the civil rights of others before the Supreme People's Court clarified that the purpose of this provision was to protect public interests. The other is the standard for determining what is offensive, which is a common problem among countries with a similar provision. Indeed, it is difficult to create a consistent standard because of the subjectivity involved in drawing moral conclusions, the cultural conflicts between different groups and the unpredictability of the perception of the general public. However, these problems could be solved if the examiners set a low moral threshold for trademark registration, as the perception of the general public with normal sensitivity and tolerance is easier to ascertain when a mark is deeply offensive. In addition, not all trademarks related to public authorities and serious social events should be forbidden under the morality provision, and the court should take account of the possibility of damaging political order and traders' freedom of expression.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"11 1","pages":"198-218"},"PeriodicalIF":0.4,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48634047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Validity in patent infringement proceedings – a new approach to transnational jurisdiction 专利侵权诉讼的有效性——跨国管辖权的新途径

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-02-01 DOI: 10.4337/QMJIP.2021.01.03

Zheng Tang

{"title":"Validity in patent infringement proceedings – a new approach to transnational jurisdiction","authors":"Zheng Tang","doi":"10.4337/QMJIP.2021.01.03","DOIUrl":"https://doi.org/10.4337/QMJIP.2021.01.03","url":null,"abstract":"Validity is frequently raised as an issue in patent infringement proceedings, either as a defense or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches are perfect and that there is a lack of evidence-based assessment as to their efficiency. It then moves to discuss the similar jurisdictional segregation which occurs between validity and infringement at the domestic level in those countries which have adopted a bifurcation system of patents. It suggests that measures adopted domestically may shed light on the international conflict, and that courts should consider factors exceeding those ordinarily considered by international lawyers. A jurisdiction ‘matrix’ is proposed, aimed at providing a pragmatic solution. It grants the court on infringement the initial power to screen the likelihood of success of the infringement claim and then the validity defense, taking account accuracy of decision, expertise, chances of success, sound management of justice and deterrence of torpedo defenses, before making decision on validity jurisdiction.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"11 1","pages":"47-68"},"PeriodicalIF":0.4,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41541762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book review: Claudy Op Den Kamp and Dan Hunter (eds), A History of Intellectual Property in 50 Objects (Cambridge University Press, Cambridge 2019) 440 pp. 书评：Claudy Op Den Kamp和Dan Hunter（编辑），《50件物品的知识产权史》（剑桥大学出版社，剑桥2019）440页。

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-02-01 DOI: 10.4337/QMJIP.2021.01.07

Shane Burke

引用次数: 0

Intellectual property policy formulation in Africa 非洲知识产权政策制定

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-02-01 DOI: 10.4337/QMJIP.2021.01.06

M. Blakeney, G. Mengistie

引用次数: 0

A theory of ‘authorship transfer’ and its application to the context of Artificial Intelligence creations “作者转移”理论及其在人工智能创作中的应用

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-02-01 DOI: 10.4337/QMJIP.2021.01.01

Bingbin Lu

引用次数: 2

JAL Sterling – In Memoriam 日本航空斯特林-纪念

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-02-01 DOI: 10.4337/QMJIP.2021.01.00

Adrian Sterling’s Ccls colleagues

引用次数: 0

A closer look at the elephant in the room: the distinctiveness of geographical indications 仔细看看房间里的大象:地理标志的独特性

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-02-01 DOI: 10.4337/QMJIP.2021.01.02

Xinzhe Song

{"title":"A closer look at the elephant in the room: the distinctiveness of geographical indications","authors":"Xinzhe Song","doi":"10.4337/QMJIP.2021.01.02","DOIUrl":"https://doi.org/10.4337/QMJIP.2021.01.02","url":null,"abstract":"The term ‘distinctiveness’ is used in trademark law to refer to the capacity of a trademark to distinguish the goods of one undertaking from those of other undertakings. The importance of this concept can be seen in Article 15 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which provides that any sign having distinctiveness shall be capable of constituting a trademark. Gradually, ‘distinctiveness’ has come to be used to describe the distinguishing capacity of other distinctive signs, including geographical indications (GIs). This article explores the distinctiveness of GIs. It begins with a discussion of the meaning of GI distinctiveness in the different GI protection contexts to reveal its particularity compared to the traditional concept of trademark distinctiveness. The second part of the discussion shows, however, that the concept of GI distinctiveness is not given sufficient importance in the protection of GIs, and is confused with the distinctiveness of collective or certification marks. This article therefore calls for an approach that recognizes the importance and the particularity of the distinctiveness of GIs in the design of GI protection mechanisms.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"11 1","pages":"25-46"},"PeriodicalIF":0.4,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48794431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Geographical indications: analysis of registered products towards improved legal protection in India 地理标志:对印度注册产品改进法律保护的分析

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-02-01 DOI: 10.4337/QMJIP.2021.01.05

G. Chakrabarti

引用次数: 0

A survey of cases of the pay-for-delay agreement in the post-Actavis era 后阿克塔维斯时代延期付款协议案例调查

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2021-02-01 DOI: 10.4337/QMJIP.2021.01.04

Thomas Y. Lu

{"title":"A survey of cases of the pay-for-delay agreement in the post-Actavis era","authors":"Thomas Y. Lu","doi":"10.4337/QMJIP.2021.01.04","DOIUrl":"https://doi.org/10.4337/QMJIP.2021.01.04","url":null,"abstract":"What are the further developments on pay-for-delay agreements following Actavis, the case decided by the US Supreme Court regarding a pay-for-delay dispute in 2013? We surveyed 17 pay-to-delay deals involving brand-name drug owners and generic companies to see how their deals were structured in light of Actavis, as well as the results of follow-on court cases involving such contracts. As a result, we posit here that a no-Authorized Generic (AG) provision, the clause in a pay-for-delay agreement that asks the company making the brand-name drug not to launch its own generic drug in the market, occurred in almost half of the deals in our survey. More importantly, we found that the judges in cases following Actavis did not establish a framework to analyse whether pay-for-delay payments were large and unjustified. Therefore, the judges could not adequately explain why a given pay-for-delay agreement may have been anti-competitive under the rule-of-reason test under Actavis. Through these findings, we inferred that drug manufacturers should be able to avoid including no-AG provisions in their settlements. Finally, we predicted that antitrust agencies and courts would achieve a stronger interpretation of ‘large and unjustified payments’ if they unified the analytical framework for pay-for-delay agreements.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"11 1","pages":"69-85"},"PeriodicalIF":0.4,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46122705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

From the gut? Questions on Artificial Intelligence and music 发自内心?关于人工智能和音乐的问题

IF 0.4 4区社会学

Queen Mary Journal of Intellectual Property Pub Date : 2020-12-25 DOI: 10.4337/QMJIP.2020.04.05

Florian Koempel

引用次数: 3