The Public Psychology of Intellectual Property

2013 ◽  
Author(s):  
Gregory N. Mandel
Keyword(s):  
Intellectual Property ◽  
The Public

Hamilton and the Law

2020 ◽  
Keyword(s):  
Domestic Violence ◽  
Intellectual Property ◽  
Family Law ◽  
Alexander Hamilton ◽  
Constitutional Convention ◽  
Founding Fathers ◽  
The Public ◽  
American Experience ◽  
Second Amendment ◽  
The Law

Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. This book offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.

scholarly journals Contribution of policy change on maize varietal development and yields in Kenya

2019 ◽  
Vol 9 (1) ◽  
pp. 4-21 ◽  
Author(s):  
Latha Nagarajan ◽  
Anwar Naseem ◽  
Carl Pray
Keyword(s):  
Public Sector ◽  
Intellectual Property ◽  
Policy Change ◽  
Private Firms ◽  
Content Type ◽  
Improved Varieties ◽  
The Public ◽  
Varietal Development ◽  
New Varieties ◽  
Maize Yields

Purpose Since the start of seed and other market reforms in the 1990s, the annual number of improved varietal releases for maize in Kenya has increased substantially. Prior to the reforms, private firms were restricted in introducing new varieties, could not protect their intellectual property and farmers had to rely exclusively on improved seeds developed and marketed by the public sector. Reforms have resulted in not only private firms entering the market and releasing improved varieties, but also an increase in varietal releases by the public sector. The purpose of this paper is to review some of the key policy reforms related to maize in Kenya, and their impacts on varietal development and yields. Design/methodology/approach The authors estimate a yield model that relates national maize yields to a number of input policy variables. The authors employ a two-stage least square regression, as one of the explanatory variables – the number of varietal releases – is likely endogenous with yield. The authors use policy variables such as public R&D, the number of plant breeder’s rights issued, and the years since private varieties have been introduced as instrument variables to estimate their influence new varietal releases directly, and then new varieties, inputs and other policies to measure their impact on yields. Findings The results show that policy changes such as the introduction of intellectual property rights had an important impact on the number of improved maize varieties released. However, the outcomes of the policy change such as the number of varieties and the share of area under improved varieties has no impact on increasing maize yields. The authors argue that this is because farmers continue to use older improved varieties because of the dominance of a parastatal in the maize, seed market and that newer improved varieties may not have the assumed yield advantage. Future policy and programs should be directed toward increasing the adoption of improved varieties rather than simply releasing them. Originality/value This paper provides evidence that while policy change may lead to new varietal development and release, its aggregate productivity impacts may be limited without additional reforms and intervention.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

scholarly journals Protecting the Industrial Designs of Today and the Future

2021 ◽  
Author(s):  
◽  
Vladimir Samoylov
Keyword(s):  
Virtual Reality ◽  
New Zealand ◽  
Intellectual Property ◽  
Industrial Design ◽  
Empirical Investigation ◽  
Intellectual Property Protection ◽  
The Public ◽  
Design Practices ◽  
Visual Expression ◽  
The Future

<p>This study examines and critiques New Zealand intellectual property protection for industrial designs, taking into account that many New Zealand industrial design owners outsource manufacture of their designs to China.   Industrial design, which refers to improving the aesthetics of products to increase their marketability, is evolving conceptually and practically. In New Zealand, copyright and registered design laws each protect, respectively, the visual expression and the “eye appeal” of an original design. As design practices evolve with advances in technology however, it is increasingly evident that industrial design is about more than just visual expression or “eye appeal”. Many designers are not focusing solely on product stylisation and decoration, but on the provision of a more holistic product experience for the consumer.  The development process of industrial designs from concept to marketable product is also changing, with many New Zealand industrial design owners employing increasingly efficient design development strategies. The fast-paced, cost-effective infrastructure of China is often utilised by New Zealand businesses for the manufacture of industrial designs.   This study therefore sought to determine how to appropriately protect New Zealand industrial designs, in light of: a. foreseeable advances in technology; and  b. the fact that many New Zealand industrial designs are manufactured in China.   To answer these questions, this study examined and analysed New Zealand’s copyright and registered design laws, taking into account not only existing protections, but also factors that are likely to be of significant relevance in the future, such as the impact on industrial design from developments in 3D printing and virtual reality.   The Chinese intellectual property regime for industrial designs was also examined because China is a major trading partner and often, as noted, the locus of manufacture.   The study included an empirical investigation, in the form of interviews with designers and design academics as well as legal practitioners specialising in intellectual property law. The input of the interviewees, together with the legal analysis, informed a series of suggestions and recommendations for New Zealand policy and its law-makers regarding how industrial design protection can be improved.  A key finding of this study was that existing legal protections do not appropriately protect increasingly holistic designs, as well as new types of designs emerging from developing fields such as virtual reality. In assessing the appropriateness of protection, the interests of industrial design owners were balanced against the public interest in protecting the public domain. It is suggested that to achieve equilibrium copyright law should be expanded to protect design expressions for all senses. Moreover, new categories of copyright protected works should be introduced to accommodate emerging design. The definition of design in registered design law should also be reconceptualised in order to acknowledge new types of designs and evolving design practices.  Industrial design owners who outsource manufacturing to China can protect their designs via copyright as well as design patent. However, enforcement of intellectual property protection is unsatisfactory in many areas of China. Therefore, New Zealand industrial design owners should also employ non-legal protection strategies. Interviews with successful businesses, in the course of the empirical investigation for this study, revealed that the leveraging of existing relationships of those with already established operations in China, and intentionally splitting an industrial design’s component parts for manufacture among several factories in different locations, are useful strategies to employ.</p>

scholarly journals Analysis of the performance of the brazilian intellectual property system: challenges and perspectives

2018 ◽  
Vol 18 (2) ◽  
pp. 172-199 ◽  
Author(s):  
Cleiton Rodrigues de Vasconcelos ◽  
Daniel Pereira da Silva
Keyword(s):  
Intellectual Property ◽  
Computer Program ◽  
Management System ◽  
Development Process ◽  
Industrial Design ◽  
Methodological Approach ◽  
Geographical Indication ◽  
The Public ◽  
Property System ◽  
The Right

The protection of intellectual property (IP) is a crucial area to support the development process of any country, as it is in this context that the biggest strategic disputes are taking place. In recent years Brazil has developed some actions to achieve greater efficiency in the public IP management system, but are we on the right track? The present study seeks to present answers regarding the performance of Brazil and to highlight the advances and challenges regarding the IP system. The methodological approach was structured based on a review in the literature, highlighting the scientific, economic and technological indicators on the development of IP and the main IP objects registered with the Brazilian national intellectual property body (INPI) in the period of 2013 to 2016, in the areas of patents, trademarks, industrial design, computer program, circuit topography, technology contracts and geographical indication.

International Protection of Intellectual Property Rights: Special Refrence with Intangible Properties and Copyright Laws.

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Rohit P Singh ◽  
Shiv Kumar Tripathi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
Copyright Law ◽  
Patent Law ◽  
International Protection ◽  
The Public ◽  
Copyright Laws ◽  
Rapid Pace

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.

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