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In the contemporary world many corporate entities pour in huge sums of money to sponsor popular sports and cultural events with the aim of promoting their brands and products exclusively. Increasingly, however, they find themselves outwitted by ambush marketing--ingenious and innovative ways used by rivals to associate their brands with a particular event and derive enormous gains, but without paying sponsorship fees. Event organizers, including major international committees and governments, view this phenomenon as a threat, because they rely heavily on sponsors to finance events. This unique book explores how the highly competitive, yet self-confident, world of business promotion and adver...
This book studies the social, cultural, historical, legal and economic dimensions of copyright piracy in India.
This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in ...
This book provides a multidisciplinary analysis of the many socio-economic challenges posed by COVID-19 pandemic across international boundaries, disrupting the economic system and life styles globally. It starts by setting the historical context of the pandemic and proceeds to describe the impact on the Indian economy, how certain sections of the population have become economically and psychologically vulnerable. International experts from diverse fields—development economics, macroeconomics, corporate finance, history, sociology, psychology, public policy, and urban studies—contribute to this exciting analysis of an Indian and global society at the crossroads. The book examines emergin...
This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, inclu...
The SciELO Program was created in the late 1990s when the idea of free access to scholarly content began to gain momentum, even before the term "open access" had been coined. At that time, access to academic publications was limited and costly, restricted to university libraries and the collections they subscribed to. With the emergence of the World Wide Web, electronic access to academic information became practically possible, allowing for wider and faster dissemination of scientific publications. However, the restricted access publishing system still dominated. In this book, the origins and evolution of the open access movement are explored from the perspective of individuals who actively...
This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.
There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
'Copyright law has always somehow managed to adapt to new technological and social developments as well as to new artistic and creative practices. However, every time such a development occurs, the legitimate question arises if the system is adaptable or if the breakthrough is so gigantic that a new system needs to be elaborated. In any case, new scholarly reflections are needed in regular intervals and that is exactly the purpose of this fascinating edited collection by Enrico Bonadio and Nicola Lucchi on non-conventional copyright, exploring from various angles the copyright issues of all sorts of creations ranging from unconventional art forms, new music and atypical cultural practices to...
In India, the use of works produced by the human mind is subject to legal restrictions known as intellectual property rights. These rights have just recently begun to be recognized and protected. Industrial property includes things like patents, designs, and trademarks. One's rights as the author of a piece of literature or inventor of a technological advance in the industry include, among other things, the right to the exclusive use of one's work and the right to profit from one's innovation. A person's Intellectual Property Rights include all the legal protections that come into being as a result of that person's original creative work. Industrial property includes things like patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the suppression of unfair competition; when copyrights, Geographical indicators, layout Designs, and confidential information were added to industrial property, they all became intellectual property in accordance with the International Convention for the Protection of Industrial Property (Paris Convention).