{"title":"Directions in Intellectual Property Law Research: A Linguistic Contribution","authors":"A. Durant, J. Davis","doi":"10.1093/oso/9780198826743.003.0023","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0023","url":null,"abstract":"The questions in intellectual property (IP) law which most directly engage language fall into several types. ‘Language’ questions may concern particular signs or stretches of language examined for their registrability as a trademark, or disputed in relation to alleged infringement of literary copyright. Other kinds of words and phrases may also create difficulty, such as the words ‘distinctive’ or ‘generic’ which describe features of, and categorize, such signs or stretches of language. Such words and phrases establish a metalanguage that overlaps with frameworks in linguistics (e.g. ‘noun’, ‘consonant’) yet differs from such frameworks both in detail and purpose. Across all IP subject areas, a further kind of language, the field’s legal terms of art, defines the intangible subject matter, doctrines, and rationales of IP law, giving specialized legal meaning to otherwise general words and phrases whose meaning in law may nevertheless be contested. Such terms remain in concurrent use beyond law, with related but different meanings, and may therefore also be problematic when relied on in policy formation and in public debate about what IP is. ‘Language’ in these and other IP contexts is not, we argue, a single, unified topic. Rather, it consists of a number of very different kinds of language use, which raise different questions and call for varied forms of analysis. This chapter describes and illustrates those specialized kinds of language use. It also discusses prominent examples of research into them by legal scholars and linguists, and highlights further topics that may be amenable to linguistic investigation. In conclusion, we explain why specialist linguistic expertise is less important in such study of than interdisciplinary, legal and linguistic collaboration.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126605818","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}
{"title":"Intellectual Property Law and Geography","authors":"M. Trimble","doi":"10.1093/oso/9780198826743.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0016","url":null,"abstract":"Geography contributes knowledge and novel perspectives to other fields, including law in general and intellectual property (IP) law in particular. This chapter explores ‘law and geography’ as a research prism through which scholars examine the interactions of findings in law and geography to study the confluence of geographical, legal, and myriad other social phenomena. The chapter reviews the history of ‘law and geography’ and delineates its contours while highlighting the differences between ‘geography in law’ and ‘law in geography’. It identifies examples of the research prism in IP law research and concludes that, regrettably, research in ‘law and geography’ in the strict sense remains rare, including in ‘IP law and geography’.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114229408","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}
{"title":"A Post-Colonial Framework for Researching Intellectual Property History","authors":"Michael Birnhack","doi":"10.1093/oso/9780198826743.003.0017","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0017","url":null,"abstract":"Most of the literature on intellectual property (IP) legal history focuses on Western IP norms and ideas, especially British, American, and former British colonies. This chapter adds critical questions, in the context of imperialism and colonialism, namely, a post-colonial view of IP. As the Empires of the late nineteenth century and early twentieth century, especially the British Empire, extended their global reach, they applied their own IP law in the new territories they controlled. They did so mostly for their own benefit. Thus far, most IP history was told from the colonizers’ perspective. This chapter argues for the inclusion of the colonized perspective and offers a conceptual research framework. Colonial IP lies at the intersection of: (1) a critical approach to legal transplants that views it as a process and interaction of foreign law and local laws and norms; (2) applied in a colonial setting; and (3) taking into account IP’s unique features. This framework offers a critical stance that is aware of the multiplicity of voices, and builds on lessons from the study of law and society about gaps between the law in the books and the law in practice, about the social construction of the law, and the powers at stake. It enables us to be sceptical of the official history and is a post-colonial approach to IP. Along the discussion, I provide some examples, mostly from copyright and trademark law in Mandate Palestine (1922–1948).","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"337 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114081883","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}