Handbook of Intellectual Property Research最新文献_第4页

Intersections Between Intellectual Property and Dispute Resolution 知识产权与争议解决的交叉点

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0015

Althaf Marsoof

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A Primer on Intellectual Property and Popular Culture Research 知识产权与大众文化研究入门

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0026

Arpan Banerjee

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Feminist Methodologies and Intellectual Property 女权主义方法论与知识产权

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0048

Ann Bartow

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Intellectual Property and Openness: A Research Perspective and Agenda 知识产权与开放:一个研究视角与议程

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0045

Caroline B. Ncube

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Intellectual Property and Cultural Heritage: Towards Interdisciplinarity 知识产权与文化遗产:走向跨学科

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0022

F. MacMillan

{"title":"Intellectual Property and Cultural Heritage: Towards Interdisciplinarity","authors":"F. MacMillan","doi":"10.1093/oso/9780198826743.003.0022","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0022","url":null,"abstract":"The laws governing intellectual property (IP) and cultural heritage, respectively, belong to different parts of the legal order. Intellectual property law, while usually depending on a discourse that either privileges certain types of cultural or innovative outputs or celebrates their importance for our collective life, grants private property rights over certain types of artefacts. Cultural heritage law, on the other hand, is about state, public, and/or community rights and interests over certain types of artefacts. As the positive legal order understands the world, the two sets of law have nothing, or almost nothing, to do with each other. However, the link between the two exists as a consequence of the overlapping application of these two regimes to certain artefacts, such as the heritage of Indigenous Peoples. In this limited context, community struggles allied with innovative legal scholarship and some welcome institutional and judicial activism have opened up a small space in the positivist framework that recognizes a relationship between intellectual property law and the protection of heritage. The use of interdisciplinary perspectives has been critical in this process, as they have also been in the subsequent development of this debate to encompass questions around the relationship between intellectual property rights and cultural heritage more generally. This short chapter examines questions of methodology opened up by this state of affairs. It reflects on a selection of the myriad subquestions and implications opened up by, respectively, the question of legal ordering and that of interdisciplinary and cross-disciplinary approaches.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"22 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":"129083984","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

Intellectual Property Rights and Well-Being: A Methodological Approach 知识产权与福祉:一种方法论方法

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0042

Tim E. Taylor, E. Derclaye

{"title":"Intellectual Property Rights and Well-Being: A Methodological Approach","authors":"Tim E. Taylor, E. Derclaye","doi":"10.1093/oso/9780198826743.003.0042","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0042","url":null,"abstract":"The dominant justification of intellectual property rights (IPR) holds that it is desirable in utilitarian terms for inventions and creations to be produced. In this context, utility is usually equated with economic wealth. However, this interpretation of utility is suspect for a number of reasons, as is widely recognized in other fields. The well-being approach to IPR proposes that utility should be construed directly in terms of human well-being, rather than using economic proxies. There are several rival theories of well-being. The authors propose a theory-neutral approach which builds on areas of common ground between the theories on the ‘markers’ of well-being: things which are either constitutive, productive, or indicative of well-being. This approach provides a principled rationale for a broadly based approach to the measurement of well-being, encompassing a range of different subjective and objective measures. The chapter identifies nine markers that seem consistent with the mainstream theories of well-being and discusses their specific implications for IPR. The well-being approach argues for a more cautious and nuanced evaluation of IPR than currently prevails. Encouraging invention or creation in a particular field may increase general well-being in some way. But if a creation or invention is likely to decrease well-being, that might be a point against it. Although the well-being approach acknowledges that utilitarian considerations are relevant, it makes no claim that these are the only relevant considerations. The approach has potential synergies with other ‘lenses’, including social justice and morality.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"8 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":"132660006","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

The Interface Between Intellectual Property and Information Technology Law 知识产权与信息技术法的衔接

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0011

Maria Lillà Montagnani

{"title":"The Interface Between Intellectual Property and Information Technology Law","authors":"Maria Lillà Montagnani","doi":"10.1093/oso/9780198826743.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0011","url":null,"abstract":"Over the years, intellectual property (IP) law has developed an increasingly profound link with both technological developments and the rules governing them. IP law is constantly challenged by new waves of technologies as often called to provide protection for them. At the same time, new technologies offer new ways to exploit protected works. Indeed, the more technology has become an autonomous subject matter governed by specific provisions, the more IP law has engaged in a constant dialogue with these provisions. This interaction between IP law and technology has significantly affected the contours of the field. In this chapter, I address the relationship between IP and the rules adopted to govern the specific technologies that are designed to handle information—known as ‘information technologies (IT)’. This set of provisions goes under the name of ‘IT law’. I examine the interface between IP and IT law from the standpoint of the IP scholars who have an interest in technology. In particular, I investigate how the IP/IT interface is, or could be regulated and how the rules regarding IP and IT law interact with each other. There is a circular relationship between law and technology as the former, while governing the latter, is also shaped by it and vice versa.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"136 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":"132696557","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

Divergent Methodological Approaches to Intellectual Property in Mixed Jurisdiction Countries 混合司法管辖国家知识产权的不同方法论

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0053

I. Azmi

{"title":"Divergent Methodological Approaches to Intellectual Property in Mixed Jurisdiction Countries","authors":"I. Azmi","doi":"10.1093/oso/9780198826743.003.0053","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0053","url":null,"abstract":"For more than three decades, researchers examining intellectual property (IP) from Shari’ah perspectives adopted a variety of methodologies to determine the legitimacy of intellectual property rights, its subject matter, beneficiaries, and the scope of the exclusive rights. At times, more than one methodology is adopted to give a broader perspective of the enquiry. The adoption of a multiplicity of tools is not surprising as traditional fiqh scholars often relied on a variety of tools to extract reasoning from the primary sources of the Shari’ah, i.e. Quran and Sunnah. These research methodologies range from the traditional fiqhi approach developed since early days of Muslim scholarship. In recent times, Muslim scholars have moved to more contemporary approaches, for example maqasid (higher objectives of the Shari’ah) or developmental approach to examining the perimeters of intellectual property right, particularly when strong private rights may impinge public interest. This chapter examines the divergent methodological approaches adopted by these researchers and questions whether these approaches can be adopted to examine beyond the legitimacy in these scope of intellectual property rights.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"563 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":"134430812","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

Critical Race Theory as Intellectual Property Methodology 作为知识产权方法论的批判种族理论

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0049

A. Vats, Deidré A. Keller

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Interpreting Historical-Philosophical Sources of Intellectual Property 解读知识产权的历史哲学渊源

Handbook of Intellectual Property Research Pub Date : 2021-05-20 DOI: 10.1093/oso/9780198826743.003.0019

M. Borghi

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