Handbook of Intellectual Property Research最新文献_第2页

The Psychology of Intellectual Property 知识产权心理学

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0036

Gregory N. Mandel

引用次数: 0

Property Law and the Intellectual Property Agenda 《物权法》和《知识产权议程

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0007

M. Grynberg

引用次数: 0

Intellectual Property, Information Science, and Quantitative Legal Analysis 知识产权、信息科学与定量法律分析

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0030

D. Seng

引用次数: 0

Intellectual Property and Archaeology: Research Concerns and Considerations 知识产权与考古学:研究关注与思考

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0021

G. Nicholas, C. Bell

{"title":"Intellectual Property and Archaeology: Research Concerns and Considerations","authors":"G. Nicholas, C. Bell","doi":"10.1093/oso/9780198826743.003.0021","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0021","url":null,"abstract":"As archaeology has matured as a discipline, a variety of challenges emerge about the purpose, methods, and products of the enterprise, including intellectual property (IP) concerns pertaining to the products of archaeological research and related heritage control issues. This chapter examines the complex nature of IP in the context of archaeology. The two central questions addressed are: (1) What constitutes IP in the context of archaeology?; and (2) Who has the right to interpret, benefit from, or control access to information and objects from the past, whether they represent one’s own heritage or, more often, someone else’s. These questions are explored through a series of broad themes, coupled with specific examples to illustrate some of the methodological challenges, their consequences, and how IP-related issues can be avoided or at least mitigated. An overarching consideration is the significant differences in how IP and intangible heritage are defined and distinguished in countries where the ancestral population relates to the dominant population today, as contrasted to those where the modern population has come from elsewhere.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134440070","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: 3

The Relationship Between Intellectual Property and Administrative Law 知识产权与行政法的关系

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0008

Laurent Manderieux

{"title":"The Relationship Between Intellectual Property and Administrative Law","authors":"Laurent Manderieux","doi":"10.1093/oso/9780198826743.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0008","url":null,"abstract":"Intellectual property and administrative law entertain a long-standing, though ambiguous relationship. Intellectual property rights (IPR) depend on a number of institutions, and primarily from intellectual property offices granting several of them, which fall into the administrative structure of each country. The direct consequence of the relevance of administrative law for the research, analysis, and understanding of intellectual property law is that certain IP-related questions cannot be properly addressed without using the tool provided by administrative law. Indeed, intellectual property and administrative law partly overlap, as both branches of law are nationally characterized and country-specific, changing from country to country, and both have experienced significant changes related to globalization from the national to the international level. The growing regulation of intellectual property at the international level has somehow brought about an expansion of the intersection between intellectual property and administrative law and procedures. Therefore, complete, thorough research on intellectual property law and policy must take into account the conceptual tools and categories elaborated in administrative law.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133551511","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: 0

Intellectual Property and Privacy Law 知识产权和隐私法

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0010

M. Richardson

引用次数: 0

Intellectual Property and Behavioural Studies: Methodological Perspectives 知识产权与行为研究:方法论视角

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0037

E. Penz, Eva B. Hofmann

{"title":"Intellectual Property and Behavioural Studies: Methodological Perspectives","authors":"E. Penz, Eva B. Hofmann","doi":"10.1093/oso/9780198826743.003.0037","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0037","url":null,"abstract":"Intellectual property (IP) infringement is widely researched in behavioural studies with manifold quantitative and qualitative research. The current chapter focuses on qualitative research and gives an introduction to how data from expert interviews and websites of relevant stakeholders can be analysed to understand and interpret IP infringement applying triangulation. This chapter selects the comprehensive perspective of the entire business and institutional environment in an international context, focusing on the social-cultural, legal, economic, political, and technological framework in different countries, which determines business activities. It answers three research questions on past, current, and future activities regarding IP with data from forty-six organizations (expert interviews, website analyses). The analysis of the data with Computer Assisted/Aided Qualitative Data AnalysiS (CAQDAS) follows four steps: (1) organizing the material; (2) coding; (3) searching; and (4) modelling and interpreting. The analysis revealed that first, there were several activities regarding IP that have been applied by different stakeholders, second, the present status of IP from the point of view of the different stakeholders has a strong legal aspect, and third, a cross-national collaboration for enforcement and harmonizing legislation is seen important for the future of IP specifically by governmental bodies. Overall, these findings allow for recommendations not only for legislators but also for industry and organizations lobbying for more lenient IP rights leading to a bright future for IP.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131690501","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: 0

Computational Legal Methods: Text and Data Mining in Intellectual Property Research 计算法律方法:知识产权研究中的文本和数据挖掘

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0032

T. Margoni

{"title":"Computational Legal Methods: Text and Data Mining in Intellectual Property Research","authors":"T. Margoni","doi":"10.1093/oso/9780198826743.003.0032","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0032","url":null,"abstract":"Text and Data Mining (TDM) can generally be defined as the process of deriving high-quality information from text and data by using digital analytical tools . The impact that TDM may have on science, humanities, and the arts is invaluable. This is because by identifying the correlations and patterns that are often concealed to the eye of a human observer TDM allows for the discovery of knowledge that would have otherwise remained hidden. After a brief introduction, Section II of this chapter illustrates the state of the art in the nascent field of TDM applied to intellectual property (IP) research. It formulates some proposals of systematic classification in an area that suffers from a degree of terminological vagueness. In particular, the chapter argues that TDM, together with other types of data-driven analytical tools, should be autonomously classified as ‘computational legal methods’. Section III of the chapter offers concrete examples of the application of these methods in IP research. This is achieved by discussing a recent project on TDM, which required the development of dedicated approaches in order to address certain problems that emerged during the project’s execution.. The discussion identifies some of the most promising advances in terms of automation and predictive analysis that the use of TDM in intellectual property research could enable. At the same time, the partial success of the experiment shows that there are a number of training and skill-related issues that legal researchers and practitioners interested in the use of TDM should consider. Accordingly, the second argument advanced in this chapter is that law school programmes should include mandatory courses in computational legal methods in order to equip future lawyers with the skillsets needed in the digital (legal) environment.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128117551","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: 1

Law and Literature in Intellectual Property Methodologies 知识产权方法论中的法律与文学

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0024

Zahr K. Said

{"title":"Law and Literature in Intellectual Property Methodologies","authors":"Zahr K. Said","doi":"10.1093/oso/9780198826743.003.0024","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0024","url":null,"abstract":"This chapter offers an overview of Law and Literature and explores three primary areas in which intellectual property (IP) scholarship engages with Law and Literature’s methods and tools: the creation of objects that give rise to rights; the definition and enforcement of those rights and their limits; and the narrative of progress and revisionist theories of the field. IP concerns intangible constructs: works, inventions, secrets, marks, or personas. IP ownership implicates theories of representation given the symbolic nature of IP rights to the things they protect, and determining the scope of protection almost always entails multiple interpretive steps. Hence theories of representation and interpretation are relevant to defining the work, assessing the scope of protection, and conducting infringement analysis. Lastly, Law and Literature offers larger narratives about IP that centre on values, history, textuality, theory, culture, context, selfhood, or community. Law and Literature has helped broaden beyond the narrow utilitarian framing of the received approach to IP and thus provided disciplinary cover for pluralistic accounts of the field to emerge. In this revisionism, the three main strands of Law and Literature—which centre on practical wisdom, interpretation, and narrative—offer diverse alternatives for measuring progress or evaluating the IP system in broader sociological and constitutional context.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121438562","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: 0

A Conflicts of Law Approach to Intellectual Property Research 知识产权研究的法律冲突方法

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0003

G. Austin

引用次数: 0