Trademark Law and the Public Domain PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Trademark Law and the Public Domain PDF full book. Access full book title Trademark Law and the Public Domain by Martin Senftleben. Download full books in PDF and EPUB format.
Author: Martin Senftleben
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
To clarify the notion of the public domain in relation to the trademark system, several definitions can be considered that have arisen from reflections on the meaning and function of the public domain. Legal status definitions, typically, require public domain material to be unencumbered by intellectual property rights. They focus on material that is ineligible for protection, or that no longer enjoys protection after the expiry of protection. As the rationales underlying trademark law necessitate registration to be renewable indefinitely, legal status definitions shed light on a particular problem: the risk of trademark rights being used as a vehicle to re-monopolize material, in respect of which other forms of intellectual property with a limited term of protection have already expired. Public domain definitions focusing on freedom of use, by contrast, allow the development of a broader concept of the public domain. Instead of asking whether material is free from trademark rights altogether, they pose the question whether material can be used freely. The public domain is thus understood to encompass user freedoms resulting from limitations and exceptions. Following this more flexible approach, public domain material need not be entirely free from trademark rights. The public domain also includes those user freedoms that remain irrespective of the acquisition of trademark protection. This approach offers the opportunity to take into account the various limits set to trademark rights - inherent limits following from the confinement of protection to use in trade and use as a trademark, and limits following from the adoption of exceptions. The present attempt to describe the relationship between trademark law and the public domain focuses on differences between legal status definitions requiring material to be unencumbered by trademark rights, and freedom of use definitions including breathing space for unauthorized use. Two hypotheses play a central role in this context. Firstly, it can be hypothesized that the adoption of a freedom of use perspective in the area of trademark law is adequate because this perspective recognizes that exclusive rights granted in trademark law have a less absolute character than the exclusive rights awarded in other fields, such as copyright and patent law. The potentially limited impact of trademark rights on the availability of trademarked material can be factored into the equation. Secondly, a freedom of use approach may be important in the light of current initiatives at the international level. It broadens the debate. Besides eligibility criteria and limited terms of protection, limitations and exceptions enter the picture.
Author: Martin Senftleben
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
To clarify the notion of the public domain in relation to the trademark system, several definitions can be considered that have arisen from reflections on the meaning and function of the public domain. Legal status definitions, typically, require public domain material to be unencumbered by intellectual property rights. They focus on material that is ineligible for protection, or that no longer enjoys protection after the expiry of protection. As the rationales underlying trademark law necessitate registration to be renewable indefinitely, legal status definitions shed light on a particular problem: the risk of trademark rights being used as a vehicle to re-monopolize material, in respect of which other forms of intellectual property with a limited term of protection have already expired. Public domain definitions focusing on freedom of use, by contrast, allow the development of a broader concept of the public domain. Instead of asking whether material is free from trademark rights altogether, they pose the question whether material can be used freely. The public domain is thus understood to encompass user freedoms resulting from limitations and exceptions. Following this more flexible approach, public domain material need not be entirely free from trademark rights. The public domain also includes those user freedoms that remain irrespective of the acquisition of trademark protection. This approach offers the opportunity to take into account the various limits set to trademark rights - inherent limits following from the confinement of protection to use in trade and use as a trademark, and limits following from the adoption of exceptions. The present attempt to describe the relationship between trademark law and the public domain focuses on differences between legal status definitions requiring material to be unencumbered by trademark rights, and freedom of use definitions including breathing space for unauthorized use. Two hypotheses play a central role in this context. Firstly, it can be hypothesized that the adoption of a freedom of use perspective in the area of trademark law is adequate because this perspective recognizes that exclusive rights granted in trademark law have a less absolute character than the exclusive rights awarded in other fields, such as copyright and patent law. The potentially limited impact of trademark rights on the availability of trademarked material can be factored into the equation. Secondly, a freedom of use approach may be important in the light of current initiatives at the international level. It broadens the debate. Besides eligibility criteria and limited terms of protection, limitations and exceptions enter the picture.
Author: James Boyle
Publisher: Createspace Independent Publishing Platform
ISBN: 9781979963077
Category :
Languages : en
Pages : 292
Get Book Here
Book Description
In this insightful book you will discover the range wars of the new information age, which is today's battles dealing with intellectual property. Intellectual property rights marks the ground rules for information in today's society, including today's policies that are unbalanced and unspupported by any evidence. The public domain is vital to innovation as well as culture in the realm of material that is protected by property rights.
Author: Stephen Fishman
Publisher: NOLO
ISBN: 9780873374330
Category : Art
Languages : en
Pages : 558
Get Book Here
Book Description
Explains how to find and use creative works without permission or fees, describing how to recognize whether or not a work is in the public domain.
Author: Graeme B. Dinwoodie
Publisher: Edward Elgar Publishing
ISBN: 1848441312
Category : Law
Languages : en
Pages : 555
Get Book Here
Book Description
Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
Author: Zelda Fitzgerald
Publisher:
ISBN: 9781999881306
Category :
Languages : en
Pages : 302
Get Book Here
Book Description
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 89
Get Book Here
Book Description
This study assesses the scope of the public domain, as defined by copyright laws, history and philosophy, before turning to the issue of its effectiveness and greater availability to the public and society at large.
Author: Ramsey Campbell
Publisher: Titan Books (US, CA)
ISBN: 0857685325
Category : Fiction
Languages : en
Pages : 289
Get Book Here
Book Description
Solomon Kane is a sixteenth century anti-hero created by renowned sword and sorcery author Robert E Howard (creator of Conan the Barbarian). When Solomon Kane meets the Devil's Reaper, he postpones his fate by renouncing violence - a vow that is soon tested by the forces of evil. Compelled to once again strap on his weapons, he embarks on an epic journey of redemption.
Author: Graham Greenleaf
Publisher: Cambridge University Press
ISBN: 1108577156
Category : Law
Languages : en
Pages : 667
Get Book Here
Book Description
Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.
Author: Michael Steven Shapiro
Publisher: American Alliance of Museums
ISBN:
Category : Art
Languages : en
Pages : 272
Get Book Here
Book Description
While not offering formal legal advice, this guide is designed to give museum professionals a clearer understanding of intellectual property issues as they intersect with museum practice. It outlines a legal framework for understanding copyright and trademark principles, and applies that framework to actual and hypothetical examples. Chapters focus on copyright, trademark, the World Wide Web, licensing, and international issues. Annotation copyrighted by Book News, Inc., Portland, OR
Author: James Boyle
Publisher: Createspace Independent Publishing Platform
ISBN: 9781535543675
Category : Copyright
Languages : en
Pages : 0
Get Book Here
Book Description
"A tale of law and music that leads through the gates of time!"
