دانلود کتاب Diversity in Intellectual Property: Identities, Interests, and Intersections

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Cover
Half-title
Title page
Copyright information
Table of contents
Editors and contributors
Foreword: Diversifying Intellectual Property
Acknowledgments
Introduction
I. Recognizing Diversity: The Ongoing Challenge
II. Recognizing Diversity in Intellectual Property
III. Introducing the Book: Diverse Perspectives in Intellectual Property
IV. Issues Addressed in the Book: Identities, Interests, and Intersections in Intellectual Property
V. The Coffee Catalyst: The Us, the Editors
Part I
Recognizing and Supporting Diversity in Intellectual Property Norm Setting
1 Interpreting International Intellectual Property Agreements and Supporting Diversity Goals
I. Introduction
II. The Rules of International Treaty Interpretation
III. Cultural Identity and Diversity and Intellectual Property
A. Geographical Indications and Traditional Knowledge
B. Copyright
IV. The Rules of Interpretation and Diversity
V. Conclusion
2 The Miracle at Marrakesh
I. Introduction
II. The Book Famine
III. The Road to Marrakesh
IV. A Summary of the Proposals and WIPO’s Evolving Agenda
A. The WBU Proposal
B. The African Group Proposal
C. The U.S. Draft Consensus Instrument
D. The EU Joint Recommendation
E. WIPO’s Evolving Agenda and Platforms
V. The Marrakesh Treaty
A. The Four Substantive Obligations
B. Major Hurdles: The Berne Gap and the Three-Step Test
VI. Ramifications for International IPR Regimes
VII. Conclusion
3 Deviant Globalization and the Rise of Diverse Interests in the Multilateral Protection of Intellectual Property
I. Introduction
II. “Deviant Globalization” and the New Economic Interests of the “Informal” Economy
III. Recognizing the Interests of the Participants in the Informal Economy
A. Fair Compensation Fuels the Market
B. Consumers Matter
C. Innovative Business Models Deserve Adequate Breathing Space to Flourish
D. Markets Necessarily Require Regulation
IV. Conclusion
4 Promoting Diversity in Pharmaceutical Innovation and Access
I. Introduction
II. Section 3(d) of the Indian Patents Act and the Supreme Court’s Decision in Novartis
A. The Anatomy of Section 3(d)
B. Section 3(d) and the Supreme Court’s Decision in Novartis
III. Compulsory Licensing and the Bayer–Natco Dispute
A. The Bayer-Natco Compulsory Licensing on the Ground of Insufficient “Working”
IV. Promoting Diversity: What Principles Emerge from India’s Patent Law and Policy?
A. Principle I: Evergreening of Patents is Not “Invention”
B. Principle II: Use of Liability Rules for Inducing “Working” is Justifiable
V. Discrimination or Differentiation: From Rule-Based to Principle-Based Approaches
A. Rule-Based v. Principle-Based Deference in Examining TRIPS Consistency
B. Evergreening and Principle-Based Differentiation
C. Invoking Liability Rules on the Grounds of “Working”
VI. Conclusion
Part II The Influence of Morality, Race, and Ethnicity-Related Interests on Intellectual Property
5 Registering Offense
I. Introduction
II. Trademarking the “R Word” and the Harm Caused by Offensive Marks
A. History and Developments of the REDSKINS Dispute
B. The Harm Caused by Offensive Trademarks
III. The Phenomenon of Offensive Trademarks
A. Beyond the REDSKINS: A Closer Look at Today’s Practices
B. Marketing Practices and Offensive Trademarks
IV. The Role of Morality in Trademark Law
A. The Impetus to Regulate Offensive Language
B. A Common Feature of Trademark Law
V. Understanding the Impact of Section 2(a) of the Lanham Act
A. Beyond Disparaging: Other Offenses Addressed under the Lanham Act
B. Burdens on Challengers
C. A Limited Remedy
VI. The Policy Justifications for Content Restrictions in Trademark Law
VII. Conclusion
6 Racist Trademarks and the Persistence of Commodity Racism in Europe and the United States
I. Introduction
II. The History of Racist Trademarks
A. The Emergence of Racist Marks
B. Aunt Jemima, Uncle Ben, and Commodity Racism in the United States
C. “Advertising Moors” and Racist Trademarks in Europe
D. The Comeback of Traditional Racist Marks
III. Contemporary Trademark Racism
A. Racist Trademarks Between Social Protest and Legal Action
B. Remaining Public Support of Racist Trademarks
C. Commodity Culture between Racism and Freedom of Expression
D. Possible Restrictions on Racist Representations in Commerce and Advertising
IV. Conclusion
7 Patents and Morality in Europe
I. Introduction
II. The Exclusion from Patentability on Moral Grounds
III. The Court of Justice’s Decision in Brüstle
IV. Relevant Cases from the European Patent Office
V. Integrating Technical Experts into Patent Related Proceedings
VI. Are There Common European Principles of Morality?
VII. Conclusion
8 Genetic Identity and Personalized Medicine Patenting
I. Introduction
II. Ashkenazim Jewish Ancestry Patents
III. Normative Assessment of Personalized Medicine Patents
A. Liberal Theories of Race
B. Critical Theories of Race
IV. How Myriad’s Patent Application Would Fare
V. Conclusion
Part III Framing Intellectual Property through the Lenses of Religions and Philosophies
9 Shabbat: A Diverse Perspective on Human Creativity
I. Introduction
II. The Theology of Shabbat
III. The Institution and Development of Shabbat Laws
A. Prohibited Labors
B. Prohibited Activity and Copyright Fixation
C. Permitted Creativity on Shabbat
IV. Creativity and Theory and the Significance of Incubation
A. The Incubation Effect
B. Unconscious Thought
C. Mind Wandering, Incubation Durations, and Cyclicality
V. Conclusion: Incubation and Shabbat
10 “Grant Me Justice against My Adversary”
I. Introduction
II. The Parable of the Wheat and the (GM) Tares
III. The Parable of the Persistent Widow
IV. Conclusion
11 Intellectual Property in the Ancient Indian Texts
I. Introduction
II. Vedas as the Source
III. History of the Concept of Knowledge and Its Position in the Public Domain
IV. The Approach in the Ancient Indian Texts to Intellectual Property Rights
V. Conclusion
12 Intellectual Property and Confucianism
I. Introduction
II. Confucianism and Chinese Culture
III. To Steal a Book Is an Elegant Offense
IV. The Challenge of Interpreting Confucian Teachings
V. From Confucianism to Chinese Culture
VI. From Confucianism to Asian Culture
VII. Conclusion
Part IV Gender-Related Interests and Challenges: Feminist Theories and Intellectual Property
13 Feminist Aesthetics and Copyright Law
I. Introduction
II. Copyright and Aesthetic Judgment
A. Defining Copyright’s Subject Matter
B. Defining Copyright’s Threshold: The Aesthetics of Originality
III. The Gendered Author
A. The Solitary Self
B. The Gender of Genius
IV. A Feminist Aesthetics for Copyright Law?
V. Conclusion
14 The Romantic Author and the Romance Writer
I. Introduction
II. Rejecting the Romantic Author without Embracing the Romance Writer?
III. Defending Women’s Work
IV. New Life and New Frontiers: The Example of Vidding
V. Conclusion
15 Slash/ing Gender and Intellectual Property
I. Introduction
II. Property, Performativity, and Copyright Law
III. Female Appropriation of Popular Culture: The Story of Slash
IV. The Governing Power of Law
V. Conclusion
16 Copyright Law and the Commoditization of Sex
I. Introduction
II. Sex as a Profitable Entertainment Product
III. A Brief History of Copyrights and Pornography
IV. Even Obscenity Is Copyrightable
V. Pornography Is a Cultural Pollutant
VI. The Government Should Reconsider Incentivizing Pornography: The Case against Copyright Protection for Pornography
VII. Conclusion
Part V Diversity, Creative Industries, and Intellectual Property
17 Nollywood and African Cinema
I. Introduction
II. Cultural Diversity and the Film Industry
III. The Nollywood Video Film Industry
IV. Nollywood, Diversity, and African Cinema
V. Conclusion
18 Looks Familiar
I. Introduction
II. Fashioning Diversity
III. The Digital Inside
IV. Familiar Production
V. In a Familiar Fashion
VI. Fashioning Identity
VII. Property Finder
VIII. Showing Good Taste
IX. “Fit Audience Find”
X. Conclusion
19 The Transformative Potential of Countercultural Recoding in Copyright Law
I. Introduction
II. The “Transformative Use” Doctrine in Fair Use
III. Recoding of Signs and Fair Use
IV. The Modern Myths of the Superheroes
V. Recoding the Superhero Sign – An Assault on North American Cultural Identity?
VI. Conclusions – Transforming Myths and Fair Use
20 The Diversity of Interests in the Trademark Protection of Luxury Brands
I. Introduction
II. The Distinctiveness Doctrine and the Louboutin Litigation
A. The Roadmap of the Distinctiveness Doctrine
B. The Distinctiveness of the Louboutin Red Sole Mark
1. Decision of the District Court
2. Decision of the Second Circuit
III. Toward a Social Justice Mandate for Trademark Law
A. Economic Injustice
B. Status Injustice
C. The Application of the Social Justice Mandate
IV. The Legal Basis of the Social Justice Mandate
A. Taking Precedents Seriously
B. Taking the American Legal Tradition Seriously
1. Social Justice as a Fundamental Value
2. Social Justice as a Constitutional Value
D. Practical Concerns about the Mandate
1. The Demise of Single-Color Marks?
2. The Demise of the Luxury Industry?
3. The Aesthetic Functionality Doctrine
V. Conclusion
Part VI
The Ongoing Debate on Intellectual Property and (Traditional) Cultural Diversity
21 Epistemic Communities and the “People without History”
I. Introduction
II. Epistemic Communities and Their Perceptions of Traditional Knowledge...
III. Intellectual Property and Cultural Property in Discourses about Intangible Cultural Heritage
IV. Cultural and Intellectual Property in Cross-Border Disputes about Intangible Cultural Heritage
V. Conclusion: What is the Role for Intellectual Property in Protecting Intangible Cultural Heritage?
22 A Diet Too Far?
I. Introduction: Seeking the Limits of (Culinary) Intangible Cultural Heritage
II. Intangible Cultural Heritage and the UNESCO Convention for...
III. Intangible Cultural Heritage, Cultural Diversity, and the Lists: Is There a There, There?
IV. Assessing Law’s Impact on (Culinary) Cultural Diversity...
V. Intangible Cultural Heritage, Cultural Diversity, and Culinary Practices: A Critical Look at the Mediterranean Diet
VI. Conclusions
23 Legal Protection for Indonesian Traditional Arts in Transition
I. Introduction
II. Stating the Problem
III. Alternative Modes of Legal Protection for the Traditional Arts
IV. Conceptual Challenges to IP-Based Models of Sui Generis Protection
V. The State of the Traditional Arts in Indonesia
A. Traditional Arts, Social Life, and the Ethic of Sharing
B. Problems Reported by Indonesian Traditional Artists
1. The Difficulty of Connecting with Audiences
2. The Struggle to Maintain Intergenerational Transfer of Knowledge
3. The Lack of Appropriate Recognition
4. Other Concerns
5. Apparent Non-Issues
6. Another Point of Consensus: Freedom to Innovate
VI. Elements of a Suitable Sui Generis Approach for Indonesia
A. A Minimalist Sui Generis Approach (I) – Building on Existing Law
B. A Minimalist Sui Generis Approach (II) – Adding Targeted Provisions
1. A General Attribution Requirement for Uses of Traditional Arts Material
2. Prior Informed Consent and Benefit Sharing
3. Reinforcing Customary Law to Protect Secret Knowledge
VII. Conclusion: Law in Context
Index