scholarly journals Appropriation under Low Intellectual Property Regimes: The Role of Communities in the Online Alternative Adult Entertainment Industry1

2018 ◽  
Vol 21 (3) ◽  
pp. 71-80
Author(s):  
Kim-Marlène LE ◽  
Julien PÉNIN
Keyword(s):  
Intellectual Property ◽  
Sunk Costs ◽  
Entertainment Industry ◽  
Online Pornography ◽  
User Communities ◽  
Production And Distribution ◽  
The Creation ◽  
Property Regimes ◽  
Property Regime

The online adult entertainment industry, as Darling (2014) showed, is a new case of low intellectual property regime, i.e. largely inefficient in preventing the massive copying of content. In this paper, we focus on alternative pornography and explore the mechanisms which contribute to the creation of pornographic content. We argue that user communities help content providers to absorb sunk costs associated with content production and distribution. Our main conclusion is that, although user communities cannot solve alone the incentive failure in online pornography, they complement and reinforce strategies which enable content producers to earn revenues from vulnerable copyrighted works.

scholarly journals The role of party autonomy under the regulations on matrimonial property regimes and property consequences of registered partnerships. Some remarks on the coordination between the legal regime established by the new regulations and other relevant instruments of European Private International Law = Il ruolo dell’autonomia della volontà nei regolamenti sui rapporti patrimoniali tra coniugi e sugli effetti patrimoniali delle unioni registrate. Alcune considerazioni sul coordinamento tra il regime giuridico stabilito dai nuovi regolamenti e altri strumenti di diritto internazionale privato europeo

2018 ◽  
Vol 10 (2) ◽  
pp. 457
Author(s):  
Cristina Grieco
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Regime ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
Property Regimes ◽  
Property Regime

 Abstract: The new Regulations (No. 2016/1103 and No. 2016/1104) recently adopted through an enhanced cooperation by the European Legislator aim to deal with all the private international law aspects of matrimonial property regimes and property consequences of registered partnerships, both as concerns the daily management of matrimonial property (or partner’s property) and its liquidation, in particular as a result of the couple’s separation or the death of one of the spouses (or partners). This paper aims to address the prominent role of party autonomy in the two Regulations and to focus on the coordination between the legal system embodied in the new two Regulations, and other relevant instruments of European private international law in force, such as the Succession Regulation and the Bruxelles II- bis Regulation.Keywords: party autonomy; successions; matrimonial property regime, partnership property regi­me, applicable law, choice of law, private international law.Riassunto: I due nuovi regolamenti (No. 2016/1103 e No. 2016/1104), recentemente adottati nell’ambito di una cooperazione rafforzata dal legislatore europeo, si propongono di regolare tutti gli aspetti internazional privatistici legati ai regimi patrimoniali tra coniugi e alle conseguenze patrimoniali delle partnership registrate, sia per ciò che concerne la regolare amministrazione dei beni sia per ciò che riguarda la liquidazione degli stessi beni facenti parte del regime matrimoniale (o della partnership regi­strata) nel caso si verifichino vicende che ne alterino il normale svolgimento, come la separazione della coppia o la morte di uno degli sposi (o dei partner). Il presente scritto si propone di esaminare il ruolo prominente che, all’interno di entrambi i regolamenti, è riservato alla volontà delle parti e di focaliz­zarsi sul coordinamento tra i due nuovi strumenti e gli altri regolamenti di diritto internazionale privato europeo attualmente in vigore e, particolarmente, il regolamento sulle successioni transfrontaliere e il regolamento Bruxelles II- bisParole chiave: autonomia della volontà; successioni; rapporti patrimoniali tra coniugi; effetti pa­trimoniali delle unioni registrate; legge applicabile; scelta di legge; diritto internazionale privato.

Making Use of Intellectual Property in Open Innovation Business Activities

2018 ◽  
pp. 55-72
Keyword(s):  
Intellectual Property ◽  
Intellectual Capital ◽  
Open Innovation ◽  
Innovation Management ◽  
Human Being ◽  
Knowledge Level ◽  
Knowledge Based ◽  
The Creation ◽  
Business Enterprises

Intellectual capital is the creation of more wealth by dint of knowledge and knowledge-based processes. The cycle of intellectual capital begins at inner faculties of a human being, in the application of skills, knowledge, experimentation, and research. Thus, it begins at the knowledge level in a person and ends at the creation of capital. This capital is known as intellectual capital. This chapter mainly explains the role of the elements in intellectual capital for open innovative initiatives in business enterprises. Five case illustrations are discussed in open innovation management with the elements of intellectual capital.

Introduction to Exclusivity Rights

2021 ◽  
pp. 336-347
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Marketing Authorisation ◽  
Common Law ◽  
Pharmaceutical Product ◽  
Industrial Property ◽  
The Creation ◽  
The Mind ◽  
Property Regimes

This chapter begins by defining intellectual property rights as the protection of the ‘creation’ of the mind and describing many different rights that are protected by both statute and common law. It divides intellectual property into two broad categories: industrial property and copyright. It also explores the various statutory and common law intellectual property regimes that have their own idiosyncratic criteria in order to qualify for the protection they offer. The chapter distinguishes relevant intellectual property rights for pharmaceutical product marketing authorisation holders from ‘traditional’ intellectual property rights to regulatory exclusivities. It explores the characteristics of regulatory exclusivities that are akin to other intellectual property rights but have their own unique criteria for qualification and enforcement.

Platformizing family production: The contradictions of rural digital labor in China

2021 ◽  
Vol 32 (3) ◽  
pp. 341-359
Author(s):  
Lin Zhang
Keyword(s):  
Intellectual Property ◽  
Social Mobility ◽  
Urban Youth ◽  
Lived Experiences ◽  
Rural China ◽  
Manual Labor ◽  
Jel Codes ◽  
Digital Labor ◽  
Property Regime

How is the rise of platform capitalism reinventing the traditional regime of familial production, while at the same time being energized by it? How do the historically informed, lived experiences of rural e-commerce entrepreneurs or workers in China help reconceptualize digital labor and platform studies? Deploying the analytic of platformized family production, this article addresses these questions through a deep description of the experiences of variously positioned platform-based and mediated laborers in an e-commerce village in East China. I argue that the ongoing process of platformizing family production is profoundly contradictory. As an alternative to a model of development based on unevenness and the rural-urban divide, village e-commerce has created opportunities for peasants and marginalized urban youth to achieve social mobility. However, it also shapes a new regime of value that privileges the individualized e-commerce entrepreneur as an ideal subject, and fetishizes and instrumentalizes innovation and creativity in conformity with the global intellectual property regime. These tendencies not only contradict the reality of collective labor organization both on e-commerce platforms and in villages, but also conflict with the indispensable role of manual labor in the production process—reinforcing rather than overcoming existing inequalities and stratification in rural China. JEL Codes: J16, J61, L86, Q55, R12

scholarly journals The Role of Patent Law in Knowledge Codification

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
Tacit Knowledge ◽  
Knowledge Production ◽  
Patent Law ◽  
Codified Knowledge ◽  
Know How ◽  
Knowledge Codification ◽  
Prior Art ◽  
Property Regimes

Recent studies of knowledge production have increasingly recognized the role of codified knowledge in the operation of social organizations. But the literature on knowledge production has to date recognized only in passing the role of intellectual property in this process. This paper applies the insights of knowledge production to the features of intellectual property regimes, both to flesh out the analysis of tacit knowledge codification, and to illuminate the role of intellectual property in the firm. Patents, for example, constitute an explicitly codified form of technical knowledge, providing a stable common code for technical know-how, partially ameliorating the risks associated with loss of tacit knowledge. Codification through the patent system also provides important stability to attendant tacit knowledge. Patent doctrines regarding prior art, interference practice, and infringement all address the balance of tacit and codified knowledge. By functioning as a codification mechanism, patents may facilitate employee movement and entrepreneurial business spin-offs. Thus, aside from the usual justifications for patents in terms of incentive or disclosure, patenting may help to secure knowledge against loss or dissipation.

scholarly journals Information creativity as a right in the new society

2020 ◽  
pp. 180-191 ◽  
Author(s):  
Gulnaz Aydin Rzayeva
Keyword(s):  
Intellectual Property ◽  
Information Society ◽  
Artistic Creativity ◽  
Digital Society ◽  
Leading Role ◽  
The Creation ◽  
Role Of Information ◽  
Modern Form

Formation of e-governance has resulted in the leading role of information in the digital society. Thus, the main feature of the information society is the participation of all members of the society in the interchange of information. Therefore, information creativity has become a subject of discussion as a modern form of freedom of artistic creativity. Of course, this is not about simple information, but rather the creation of knowledge, which is the most superior form of information. Such information creativity makes necessary to regulate intellectual property issues and restrictions on information creativity. In the article werer analyzed these issues and were put forward suggestions and recommendations.

scholarly journals Prima facie reasons to question enclosed intellectual property regimes and favor open-source regimes for germplasm

F1000Research ◽  
2017 ◽  
Vol 6 ◽  
pp. 284 ◽  
Author(s):  
Madeleine-Thérèse Halpert ◽  
M. Jahi Chappell
Keyword(s):  
Food Security ◽  
Intellectual Property ◽  
Critical Evaluation ◽  
Prima Facie ◽  
Empirical Reality ◽  
Seed Industry ◽  
Alternative Approaches ◽  
Social Goods ◽  
Property Regimes ◽  
Property Regime

In principle, intellectual property protections (IPPs) promote and protect important but costly investment in research and development. However, the empirical reality of IPPs has often gone without critical evaluation, and the potential of alternative approaches to lend equal or greater support for useful innovation is rarely considered. In this paper, we review the mounting evidence that the global intellectual property regime (IPR) for germplasm has been neither necessary nor sufficient to generate socially beneficial improvements in crop plants and maintain agrobiodiversity. Instead, based on our analysis, the dominant global IPR appears to have contributed to consolidation in the seed industry while failing to genuinely engage with the potential of alternatives to support social goods such as food security, adaptability, and resilience. The dominant IPR also constrains collaborative and cumulative plant breeding processes that are built upon the work of countless farmers past and present. Given the likely limits of current IPR, we propose that social goods in agriculture may be better supported by alternative approaches, warranting a rapid move away from the dominant single-dimensional focus on encouraging innovation through ensuring monopoly profits to IPP holders.

scholarly journals Issues in Electronic Publishing

2017 ◽  
Vol 20 (3) ◽  
pp. 5
Author(s):  
Charles T. Meadow
Keyword(s):  
Intellectual Property ◽  
Electronic Publishing ◽  
Production And Distribution ◽  
The Creation ◽  
Stored Information ◽  
Full Consideration ◽  
Equality Of Access

This paper contains a discussion of the principal issues related to electronic publishing. The approach taken is to describe the issues and possible impact of changes rather than to propose or advocate solutions. This approach results from the author's sense that too often positions in this area are taken without full consideration of consequences. The major issues are: (1) the creation or "writing" of works, (2) the nature of "reading," (3) the production and distribution of works, (4) the ownership of the intellectual property represented by the works, (5) the retention of published works, together with a record of origin and any changes, ( 6) the technical obsolescence of works, (7) the control of content, (8) the technology used, (9) the equality of access to electronically-stored information, (10) changes in culture induced by changes in media. 

Sign in / Sign up

Export Citation Format

Share Document