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Appropriation of yoga and other indigenous knowledge & cultural heritage a critical analysis of the legal regime of intellectual property rights /Pokhrel, Lok Raj. January 2009 (has links)
Thesis (M.A.)--Georgia State University, 2009. / Title from file title page. Gregory C. Lisby, committee chair; Kathryn Fuller-Seeley, Svetlana V. Kulikova, committee members. Description based on contents viewed Feb. 22, 2010. Includes bibliographical references (p. 158-167).
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Adapting laws of contract, tax, and IP to accommodate e-commerce in Thailand: problems and recommendationsPitiyasak, Saravuth. January 2005 (has links)
published_or_final_version / Law / Master / Doctor of Legal Studies
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Cyber piracy : can file sharing be regulated without impeding the digital revolution?Filby, Michael Robert January 2013 (has links)
This thesis explores regulatory mechanisms of managing the phenomenon of file sharing in the online environment without impeding key aspects of digital innovation, utilising a modified version of Lessig’s modalities of regulation to demonstrate significant asymmetries in various regulatory approaches. After laying the foundational legal context, the boundaries of future reform are identified as being limited by extra-jurisdictional considerations, and the regulatory direction of legal strategies to which these are related are linked with reliance on design-based regulation. The analysis of the plasticity of this regulatory form reveals fundamental vulnerabilities to the synthesis of hierarchical and architectural constraint, that illustrate the challenges faced by the regulator to date by countervailing forces. Examination of market-based influences suggests that the theoretical justification for the legal regulatory approach is not consistent with academic or policy research analysis, but the extant effect could impede openness and generational waves of innovation. A two-pronged investigation of entertainment industry-based market models indicates that the impact of file sharing could be mitigated through adaptation of the traditional model, or that informational decommodification could be harnessed through a suggested alternative model that embraces the flow of free copies. The latter model demonstrates how the interrelationships between extant network effects and sub-model externalities can be stimulated to maximise capture of revenue without recourse to disruption. The challenges of regulating community-based norms are further highlighted where the analysis submits that the prevalence of countervailing forces or push-back from the regulated act as an anti-constraint to hierarchical and design-based regulation, due to an asymmetry between legal, architectural and traditional market-based approaches, and effective control of the file sharing community. This thesis argues that file sharing can be regulated most efficaciously by addressing this asymmetry through alternative market-based strategies. This can be influenced through extending hierarchical regulation to offer alternative legal and norm-based models that complement, rather than disrupt, the community-based norms of file sharing.
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An Ethnography of Brand Piracy in GuatemalaThomas, Kedron 02 January 2013 (has links)
An important dimension of contemporary capitalism is the global spread of intellectual property rights law, drawing new attention by governments and media to the unauthorized copying of fashion brands. In this dissertation, I draw on sixteen months of ethnographic research with small-scale, indigenous Maya garment manufacturers to examine the cultural and moral context of brand piracy in Guatemala. I analyze what practices of copying and imitation, some of which qualify as piracy under national and international law, among Maya manufacturers reveal about two aspects of the social field: first, changing economic and cultural conditions following waves of neoliberal economic and legal reform, and, second, the nonlinear reproduction of forms of moral and legal reckoning at the margins of the global economy and amidst mounting insecurities that include rising violent crime rates and legal impunity for violent crime. I examine how practices of copying and imitation among manufacturers and competitive behavior more generally are evaluated locally in light of kin relations that promote the sharing of knowledge and resources within a somewhat loose property regime and given ideologies of race and nation that encourage class-based solidarity among Maya people. I find that the normative models and business practices evident among these manufacturers parochialize official portraits of progress, business ethics, and development promoted in neoliberal policy agendas and international law. In addition, I analyze significant gaps between what fashion and branding mean in Guatemalan Maya communities and how they are understood in international projects of legal harmonization that are also about re-branding and re-imagining the Guatemalan nation. Neoliberal statecraft following a long internal armed conflict in Guatemala involves policy approaches that amplify the presence of global brands while compounding conditions of social and economic inequality that limit Maya men and women’s access to authorized goods. Meanwhile, Maya people are invited to participate in a modernist vision of citizenship and social progress that encourages a privatized model of indigenous identity mediated by branded commodities and formal market transactions. The brand emerges as a powerful medium through which claims to legitimacy and authority and senses of belonging are negotiated at national and local levels. / Anthropology
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ccMixter : creative commons in actionDunham, Ian Paul 03 February 2012 (has links)
ccMixter.org, an online remix community that uses Creative Commons licenses to protect and promote their work, is a unique site of musical activity whose discourse is shaped by an egalitarian ideology. However, simultaneously exists a hierarchical structure in which some remixes are considered better than others. This report explores the coexistence of these two paradigms, and seeks to frame the discussion within the context of current IP policy politics, the open source movement, and fundamental shifts that the Internet has caused in communication. / text
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A study of the copyright protection policy in Hong KongWan, Tak-hung., 尹德雄. January 1999 (has links)
published_or_final_version / Public Administration / Master / Master of Public Administration
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Upphovsrätt : – Är den svenska upphovsrättslagen med sina förändringar genom IPRED proportionerlig, eller riskerar den att inkräkta på det allmännas intresse?Bengtsson, Linda January 2010 (has links)
No description available.
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The Legal Position of Correspondence from a Copyright Perspective : With Particular Focus on the Moment of PublicationSaltin, Anders January 2011 (has links)
Correspondence is written forms of communications, for example, SMS, E-mail, or letters, and when something is written, it may constitute a literary work protected by copyright. As there is no formal procedure for acquiring copyright, it is not always easy to determine when it exists and therefore know how to impose common rules. In Sweden, the moment of publication of a literary work is when an author makes his work available to the public. This occurs when a work is presented publicly, displayed publicly, or when copies are distributed to the public. This moment is imperative due to the legal effects that enter into force when a work is published. Until the point in time when a work is published, an author has absolute rights to his work, meaning that it is not possible to use a work legally without the author’s consent. As correspondence is a mean of communication, it is inherent in its nature to be transferred to someone else in order to fulfil its purpose. This means that an author has technically published his work the moment he sends it to someone else. However, arguments are raised in case law that a work cannot be published unless the author has intended it to be. This thesis concludes that both assessments of when a work is published are in fact correct. The important aspect that has to be considered when assessing if a work is published or not, is the intended usage of the protected work. Consequently, one may use the results of this thesis either as an argument to apply unbiased provisions of law, in accordance to their wording, or to apply subjective assessments on a case-to-case basis, in order to find an optimal solution.
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En inre marknad för patent på EU-nivå : Hur påverkas nationella patentNunez Olsson, Thalia January 2010 (has links)
Inom EU så finns det två alternativa patent som innovatörer kan välja emellan, det europeiska och nationella patentet. Europeiska patent har visat sig inte vara tillräckligt rättssäkra och ekonomiskt överkomliga. Det beror på den risk som finns med flera patenttvister och motsägelsefulla domar. Det är därför som EU vill skapa en inre marknad för patent på EU-nivå. Det vill skapa ett gemenskapspatent och en europeisk patentdomstol. Gemenskapspatentet kommer vara ekonomiskt överkomligt, och genom en europeisk patentdomstol kan den göras rättssäker. Nationella patent kommer inte att ta del av en sådan konstellation. En europeisk patentdomstol kommer sakna behörighet vad gäller nationella patent. Alla aspekter i en inre marknad för patent på EU-nivå kan tänkas ha en negativ inverkan på nationella patent. Författaren syfte är att utreda hur nationella patent påverkas.
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Moral rights of authors in international copyright of the 21st century : time for consolidation?Radkova, Lenka 05 1900 (has links)
This thesis provides an insight into the current position of moral rights of authors and
outlines the perspectives of the doctrine of moral rights in international copyright
regime of the 21st century. Such survey is particularly urgent at a time when the
doctrine of droit moral, one of the most contentious and controversial issues in
copyright, is now in an international spotlight again. The recent decade has seen two
contradictory trends in the field of international copyright. The 1994 Uruguay Round
saw the emergence of new global intellectual property regime, embodied in the TRIPs
Agreement, which elevates copyright into a new stage of development by linking it for
the first time with international trade and technology and by substantially widening the
scope of its governance. However, this new instrument is almost exclusively concerned
with protecting the rights belonging to owners, endorsing the 'sanctity of property', but
practically eliminating the protection of the original creators' non-economic, moral
rights. Against this background, the 1990's have witnessed an unprecedented
commitment to the protection of artist's moral rights in countries that in the past were
the strongest opponents of any such notion within their copyright regimes.
The question of moral rights has always been considered an issue where a wider
international consensus is impossible due to the traditional rift between civil law's
authors' rights and common law's copyright philosophies. However, in a world where
the protection of intellectual property is increasingly viewed on an international basis -
of necessity, because of technological and economic developments - a global consensus
on this issue is inevitable. By reviewing the justificatory schemata underlying the
doctrine of droit moral and by analyzing the recent statutory developments in several
common law jurisdictions in this arena, as well as the concession made by moral
rights-devout civilian jurisdictions, this thesis shows that the gap between the two
systems is no longer insurmountable. The analysis reveals that despite the underlying
philosophical differences, a substantial degree of convergence of copyright and author's
rights is occurring, and outlines the sites of consolidation which can serve as a basis for
a possible future international agreement on this issue.
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