Guest  

 
Search: 
Search By: SubjectAbstractAuthorTitleFull-Text

 

Showing 1 through 5 of 1,230 records.
Pages: Previous - 1 2 3 4 5 6 7 8 9 10 11 12 13 ... 246 - Next  Jump:
2007 - The Law and Society Association Words: 214 words || 
Info
1. Gallagher, William. "Strategic Intellectual Property Litigation: What IP Lawyers and Clients Say (and Do) About Asserting Intellectual Property Rights" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2018-11-21 <http://citation.allacademic.com/meta/p177559_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This research-in-progress is an ongoing empirical study that incorporates my two main research interests: (1) intellectual property law and (2) the legal profession. I am especially interested in understanding how, why, and to what effect lawyers’ roles in the enforcement of asserted intellectual property rights affects the scope of rights owners’ ability to successfully claim intellectual property protection, primarily in the areas of trademark, copyright, and the right of publicity. Although there is some scholarship that has begun to explore how targets of IP enforcement resist assertions of IP claims, this work is one of the only empirical studies of what lawyers—and their IP-owner clients—actually do in the everyday enforcement of IP rights "under the radar" and in the "shadow of the law". This study is based on both case studies as well as in-depth, semi-structured interviews with IP lawyers who regularly assert IP rights on behalf of largely “repeat player” IP owner clients. One theme explored in this research is whether the intellectual property “Haves” come out ahead in IP enforcement and, if so, what difference it makes. This research also explores, among other issues, whether over-enforcement of intellectual property rights has a deleterious effect on free speech and a vigorous public domain.

2005 - The Midwest Political Science Association Words: 33 words || 
Info
2. Hatcher, Laura. "The Politics of Property Rights: How Lawyers for Causes Reshaped Property Rights" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 07, 2005 <Not Available>. 2018-11-21 <http://citation.allacademic.com/meta/p86195_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper explores the importance of lawyers' arguments to the judicial decision-making process through a study of the strategies employed by environmental and property rights advocates in two important U.S. Supreme Court cases.

2011 - The Law and Society Association Words: 424 words || 
Info
3. George, Alexandra. "When Is Intellectual Property Not "Intellectual Property"?" Paper presented at the annual meeting of the The Law and Society Association, Westin St. Francis Hotel, San Francisco, CA, May 30, 2011 <Not Available>. 2018-11-21 <http://citation.allacademic.com/meta/p496369_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Methods of regulating the use of ideational objects such as ideas, information, knowledge and signs have been evolving since time immemorial, yet only some of these methods have developed into modern intellectual property laws. This paper examines doctrines that are similar to intellectual property law in that they too delineate and regulate the use of ideational objects and/or their documented forms but whose objects of regulation are not treated by the law as ‘intellectual property’. It asks whether an explanation for this can be found in intellectual property’s internal structure, or if the explanation lies outside intellectual property law itself.

Contrasting some intellectual property-like doctrines with similar intellectual property laws, this paper analyses typical characteristics of intellectual property doctrines and asks whether these are in fact necessary and/or sufficient to a finding that something is ‘intellectual property’. It calls these characteristics the ‘core criteria’.

The paper suggests that intellectual property-like doctrines that are not treated as intellectual property may be set apart from those typically regarded contemporary intellectual property doctrines because they may not bear all of the core criteria. They may not, for example, require a documented form or originality before regulating an ideational object. Or they may not have an identifiable author or associated rights. Such cases would support a conclusion that the core criteria offer a reliable definition of ‘intellectual property’.

However, where intellectual property-like doctrines do display versions of these core criteria, despite not being regarded as doctrines of ‘intellectual property’ law, a new explanation must be sought. Some of these intellectual property-like doctrines are customs, traditions, commercial practices, lores and laws that regulated the use of ideational objects prior to the development of intellectual property laws per se. Others operate alongside contemporary intellectual property laws and can be credited as intellectual property’s extended family. This begs the question: ‘why are these regulations not treated as “intellectual property”?’ Is it because the core criteria are also typical of non-intellectual property doctrines? Or does it suggest that something beyond the internal structural characteristics identified earlier may help to identify a law as ‘intellectual property’.

This paper concludes that the presence of political will, particularly when supported by normative justifications, creates conditions in which a regulatory doctrine is likely to be transformed into a doctrine within intellectual property law. The answer to whether or not something will be considered to be ‘intellectual property’ thus depends not only on the nature of that thing, and on the content and structure of existing intellectual property laws, but also on the political environment in which the rules operate.

2006 - International Studies Association Pages: 37 pages || Words: 13003 words || 
Info
4. Shadlen, Ken. "The Politics of Property and the New Politics of Intellectual Property in the Developing World: Insights from Latin America" Paper presented at the annual meeting of the International Studies Association, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2018-11-21 <http://citation.allacademic.com/meta/p99749_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Since the 1980s, developing countries have come under intense and unprecedented pressures to revise national frameworks for establishing and protecting intellectual property (IP). When we examine not just what countries are expected to do, however, but how countries have actually gone about implementing their new international obligations, we discover significant cross-national variation in countries strategies for IP management. In this paper I provide a framework to explain such variation, which I then apply to the analysis of IP reform in Argentina, Brazil, and Mexico. Despite the trend toward regulatory harmonization, these countries – the three largest and most industrialized in Latin America – continue to display significant differences in how they manage IP, and these differences have crucial implications for industrialization, public health and social welfare. To explain the variation I situate the politics of IP in the context of more general analyses of the politics of property. I point to the basic conflicts that always exist around the establishment and management of property rights, and I show how the fundamental politics of property take on specific form in the particular case of intellectual property. Having underscored the distinct fundamentals of IP politics, I then explain what is new about the politics in this issue area, illustrating how the essential political features of the issue-area are transformed by the new global regime for IP management that has emerged since the 1980s. I pay particular attention to how external pressures interact with pre-existing domestic interests to create new constituencies, constellations of political actors, and patterns of political mobilization around IP. systems. Thus, I explain why, in the context of a global sea-change in governance in IP and strong pressures for harmonization, we continue to witness divergent national policies and practices.

2005 - The Law and Society Words: 136 words || 
Info
5. Malloy, Robin Paul. "Property, Citizenship, and Social Entrepreneurism: From Real to Synthetic Property" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV, <Not Available>. 2018-11-21 <http://citation.allacademic.com/meta/p18373_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: In this paper I explore preliminary thoughts concerning a reworking of property categories. Working from the semiotic insight that "the map is not the territory" I seek to explore the connections between different aspects of property, and to examine the relationship among property, citizenship/governance, and social enterpreneurism. I identify our current property system as a set of self contained 'silos' along a linear or horizontal plane with such categories as real property, personal property, fixtures, intangibles, and intellectual property. I contrast this to the idea of a more vertical layering of property categories in terms of ownership, and in relationship to what I currently identify as analytic/physical property and synthetic property. I hope to obtain constructive feedback on my ideas to facilitate advancing my work on the broader project.

Pages: Previous - 1 2 3 4 5 6 7 8 9 10 11 12 13 ... 246 - Next  Jump:

©2018 All Academic, Inc.   |   All Academic Privacy Policy