scholarly journals Our Short Talks

Substantia ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 5-6
Author(s):  
Pierandrea Lo Nostro
Keyword(s):  
Intellectual Property ◽  
Scientific Journals ◽  
Cultural Activities ◽  
Black Lives Matter ◽  
Worldwide Distribution ◽  
Life Saving ◽  
Science And Politics ◽  
Low Costs ◽  
Globalized World ◽  
The Relationship

We recently organized the first edition of Substantia Short Talks to discuss some hot topics within the community of our journal. It was a recorded online event, that took place online on July 1, 2021, at 4 pm CEST. In 2020, during the Covid-19 pandemic that forced us to restrain or limit our social and cultural activities, we thought to offer a lively cultural happening to strengthen our interactions and to ponder on some remarkable issues that affect our lives as scientists and citizens in a globalized world. Examples that came up to our minds were quite some. Just to mention a few: the protection of intellectual property and the worldwide distribution of life-saving drugs (e.g. the anti-Covid vaccines) at very low costs; the relationship between science and politics, i.e. Black Lives Matter and the harsh debate between some international scientific journals and publishers; or the denial of freedom and democracy and even the lack of scientific dissemination in some countries, and so forth.

The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis

2021 ◽  
Author(s):  
Danai Christopoulou ◽  
Nikolaos Papageorgiadis ◽  
Chengang Wang ◽  
Georgios Magkonis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Meta Analysis ◽  
Host Countries ◽  
Productivity Spillovers ◽  
Domestic Firms ◽  
The Relationship ◽  
Positive Effect

AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.

Generational Schism, Fannie Lou Hamer, and the Future of Protest

2018 ◽  
Vol 62 (1) ◽  
pp. 172-175
Author(s):  
Paige A. McGinley
Keyword(s):  
Black Lives Matter ◽  
The Future ◽  
2016 Election ◽  
The Relationship

A couple of days after the 2016 election, poet Treasure Shields Redmond responded to a prompt asking about “the future of protest” by channeling a figure from protests past. In so doing she challenged the prevailing models of the relationship between Black Lives Matter activists and their generational elders.

scholarly journals Cross-country differences in innovative entrepreneurial activity

2018 ◽  
Vol 58 (7) ◽  
pp. 1301-1329
Author(s):  
Ali Raza ◽  
Moreno Muffatto ◽  
Saadat Saeed
Keyword(s):  
Intellectual Property ◽  
Property Right ◽  
Intellectual Property Right ◽  
Entrepreneurial Activity ◽  
Content Type ◽  
Performance Orientation ◽  
Entrepreneurial Cognition ◽  
And Performance ◽  
The Relationship ◽  
Business Freedom

Purpose The purpose of this paper is to clarify the relationship between entrepreneurial cognition and innovative entrepreneurial activity (IEA) across countries using an institutional perspective. Design/methodology/approach The paper tests theoretical model using data collected by the Global Entrepreneurship Monitor, the Global Leadership and Organizational Behavior Effectiveness study and the Index of Economic Freedom (IEF). A multi-level analysis is performed based on set of 1,004,620 observations from 49 countries spanning 13 years (2001–2013). Findings The results suggest that in terms of formal regulations; the relationship between entrepreneurial cognitions and IEA becomes stronger when there is an increase in intellectual property right and business freedom regulations in a country. On the other hand, in terms of informal institutions the relationship between entrepreneurial cognitions and IEA becomes stronger when the level of institutional collectivism and uncertainty decreases and performance orientation increases. Originality/value The study indicates that entrepreneurship by innovation increases when the individuals possess high level of entrepreneurial cognition under suitable institutional conditions (e.g. intellectual property right, business freedom, institutional collectivism, uncertainty avoidance and performance orientation).

A Welcome Conversation: Toward a New Historiography of Intellectual Property

2018 ◽  
Vol 43 (03) ◽  
pp. 1113-1129
Author(s):  
Kali Murray
Keyword(s):  
Intellectual Property ◽  
Legal History ◽  
Social Practices ◽  
The Body ◽  
Property Law ◽  
Legal Concept ◽  
Narrative Structures ◽  
History Of ◽  
The Relationship ◽  
Insight Into

This essay considers what tools should be used to study the legal history of intellectual property. I identify three historiographical strategies: narration, contest, and formation. Narration identifies the diverse “narrative structures” that shape the field of intellectual property history. Contest highlights how the inherent instability of intellectual property as a legal concept prompts recurrent debates over its meaning. Formation recognizes how intellectual property historians can offer insight into broader legal history debates over how to consider the relationship between informal social practices and formalized legal mechanisms. I consider Kara W. Swanson's Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (2014) in light of these historiographical strategies and conclude that Swanson's book guides us to a new conversation in the legal history of intellectual property law.

scholarly journals A New Balance Between IP and Antitrust

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Government Regulation ◽  
Private Property ◽  
Market Competition ◽  
Antitrust Law ◽  
Dynamic Efficiency ◽  
The Relationship

In this article, I introduce the interaction between intellectual property(IP) and antitrust law. I describe the ways in which these two importantareas of government regulation are and are not in tension, and discuss thehistory of the relationship between these laws. I argue that IP andantitrust have cycled between over- and under-protection, and that we arecurrently (and mistakenly) conditioned to think of private property andprivate ordering as efficient in and of themselves, rather than asefficient only in the context of robust market competition. Further, Iargue that antitrust can serve the goals of innovation and dynamicefficiency directly in circumstances in which competition, not monopoly,serves as a spur to innovation. The goal of the IP and antitrust lawsshould be to seek a robust balance between competition and monopoly in theservice of dynamic efficiency. When IP laws are strong, antitrust lawsshould also be strong, and vice versa.

scholarly journals The Rights of Science and the Rights of Politics: Lessons from the Long-form Census Controversy

2012 ◽  
Vol 37 (3) ◽  
pp. 295-318 ◽  
Author(s):  
Michael Yeo
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Policy Decisions ◽  
Long Form ◽  
Science And Politics ◽  
The Relationship ◽  
Normative Account ◽  
Made In ◽  
Conceptual Resources

One of the main issues in the long-form census controversy concerned the relationship between science and politics. Through analysis of the arguments and underlying assumptions of four influential and exemplary interventions that were made in the name of science, this paper outlines a normative account of this relationship. The paper nuances the science-protective ideals that critics invoked and argues that such conceptual resources are needed if science is to be protected from undue political encroachment. However, in their zeal to defend the rights of science critics claimed for it more than its due, eclipsing the value dimension of policy decisions and failing to respect the role of politics as the rightful locus of decision making for value issues. An adequate normative account of the relationship between science and politics in public policy must be capable not only of protecting science from politics but also of protecting politics from science.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

scholarly journals Participatory communication as a key strategy in the construction of citizenship

2021 ◽  
Vol 5 (S1) ◽  
pp. 890-900
Author(s):  
Felipe Anderson Rios Incio ◽  
Enaidy Reynosa Navarro ◽  
Edith Gissela Rivera Arellano ◽  
Lindon Vela Meléndez
Keyword(s):  
Web Of Science ◽  
Scientific Information ◽  
Cultural Development ◽  
Scientific Journals ◽  
Participatory Communication ◽  
Social Actors ◽  
Constant Change ◽  
Study Results ◽  
Social Empowerment ◽  
The Relationship

This research set out to analyze the importance of participatory communication as a critical strategy in the construction of citizenship through an exhaustive review of the specialized literature; whose purpose was to update the knowledge related to citizenship and its structure, participatory communication and its contribution to the construction of citizenship, as well as updated approaches to participatory communication. The scientific information supporting the study results was fundamentally extracted from scientific journals indexed in Scopus, Web of Science, Scielo, Redalyc, and Dialnet. All citations and bibliographic references were managed using Mendeley. As preliminary results, it is found that participatory communication facilitates the integration and cohesion of the communities, based on joint projects, decision-making, participation, and actions that benefit citizens. It is concluded that citizenship is in constant change depending on the citizen; also, that it is essential to recover the relationship between citizenship and participation in pursuit of socio-cultural development; likewise, that community participation must be legitimate, holistic, and inclusive; also, that the contribution of communication lies in the dynamization of social actors; finally, that participatory communication approaches make it possible to dynamize the determining social behaviors to achieve social empowerment.

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