Pub Date : 2023-09-08DOI: 10.4337/qmjip.2023.02.06
Péter Mezei
{"title":"Book review: Irini Stamatoudi (ed), Research Handbook on Intellectual Property and Cultural Heritage (Edward Elgar, Cheltenham 2022) 640 pp.","authors":"Péter Mezei","doi":"10.4337/qmjip.2023.02.06","DOIUrl":"https://doi.org/10.4337/qmjip.2023.02.06","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44796675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-08DOI: 10.4337/qmjip.2023.02.04
Tian Lu
Since 2009, the Supreme People’s Court of China (SPC) has annually reported the Top Ten Intellectual Property Cases (TTIPCs) on and around World Intellectual Property Day in April. The individual cases involve the past year’s countrywide intellectual property cases and form a key component of China’s national case guidance system. Due to their conciseness and regularity of release, as well as their role as explicit guidance provided by the SPC, the TTIPCs encompass a particularly valuable observational window into Chinese law and its applications. In contrast to holistic empirical research involving numerous cases, this study embarks on a new course by investigating the specific intersection of TTIPCs and trade mark criminal offences. A longitudinal sampling method of past TTIPCs has been used to extract all criminal trade mark cases. These cases were subsequently analysed within the prevailing social context during adjudication and the evolution of China’s trade mark criminal legislation. This study aims to reveal the characteristics, functions, and limitations of TTIPC criminal trade mark cases.
{"title":"Selected criminal trade mark cases in the annual Top Ten Intellectual Property Cases of the Supreme People’s Court of China","authors":"Tian Lu","doi":"10.4337/qmjip.2023.02.04","DOIUrl":"https://doi.org/10.4337/qmjip.2023.02.04","url":null,"abstract":"Since 2009, the Supreme People’s Court of China (SPC) has annually reported the Top Ten Intellectual Property Cases (TTIPCs) on and around World Intellectual Property Day in April. The individual cases involve the past year’s countrywide intellectual property cases and form a key component of China’s national case guidance system. Due to their conciseness and regularity of release, as well as their role as explicit guidance provided by the SPC, the TTIPCs encompass a particularly valuable observational window into Chinese law and its applications.\u0000In contrast to holistic empirical research involving numerous cases, this study embarks on a new course by investigating the specific intersection of TTIPCs and trade mark criminal offences. A longitudinal sampling method of past TTIPCs has been used to extract all criminal trade mark cases. These cases were subsequently analysed within the prevailing social context during adjudication and the evolution of China’s trade mark criminal legislation. This study aims to reveal the characteristics, functions, and limitations of TTIPC criminal trade mark cases.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44263571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-08DOI: 10.4337/qmjip.2023.02.05
Vadim Mantrov
{"title":"Remembering Professor Jānis Rozenfelds (1946–2022)","authors":"Vadim Mantrov","doi":"10.4337/qmjip.2023.02.05","DOIUrl":"https://doi.org/10.4337/qmjip.2023.02.05","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43138804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-08DOI: 10.4337/qmjip.2023.02.07
D. Saxena
{"title":"Book review: Andrea Zappalaglio, The Transformation of EU Geographical Indications Law: The Present, Past and Future of the Origin Link (Routledge, Abingdon 2021) 276 pp.","authors":"D. Saxena","doi":"10.4337/qmjip.2023.02.07","DOIUrl":"https://doi.org/10.4337/qmjip.2023.02.07","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47608030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-08DOI: 10.4337/qmjip.2023.02.01
Qian Zhan
With the rapid development of information technology, intellectual property protection in the digital environment has gradually become a critical issue. WIPO Internet Treaties have included new provisions for digital intellectual property protection since 1996, which require all the members to provide adequate and effective legal remedies for rights management information (RMI). However, WIPO Internet Treaties only afford a basic framework, leaving much discretion for members to decide how to implement their treaty obligations. The domestic protection of RMI generally differs in five aspects: definition of RMI; the scope of prohibited acts; knowledge elements; exceptions of liabilities; and legal remedies. By examining the RMI provisions in WIPO Internet Treaties and their implementation in jurisdictions, this article focuses on the perceived flaws, puzzles, and problems that the RMI provisions may cause, and speculates on the effectiveness of the RMI provisions in accomplishing predetermined goals.
{"title":"The implementation of rights management information provisions in WIPO internet treaties: a comparative law perspective","authors":"Qian Zhan","doi":"10.4337/qmjip.2023.02.01","DOIUrl":"https://doi.org/10.4337/qmjip.2023.02.01","url":null,"abstract":"With the rapid development of information technology, intellectual property protection in the digital environment has gradually become a critical issue. WIPO Internet Treaties have included new provisions for digital intellectual property protection since 1996, which require all the members to provide adequate and effective legal remedies for rights management information (RMI). However, WIPO Internet Treaties only afford a basic framework, leaving much discretion for members to decide how to implement their treaty obligations. The domestic protection of RMI generally differs in five aspects: definition of RMI; the scope of prohibited acts; knowledge elements; exceptions of liabilities; and legal remedies. By examining the RMI provisions in WIPO Internet Treaties and their implementation in jurisdictions, this article focuses on the perceived flaws, puzzles, and problems that the RMI provisions may cause, and speculates on the effectiveness of the RMI provisions in accomplishing predetermined goals.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45619522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-08DOI: 10.4337/qmjip.2023.02.02
Ziyu Zuo
Although the free use provision of the new Copyright Law of the People’s Republic of China has added a 13th clause (the miscellaneous clause), it has not changed the closure of the free use system. The nature of appropriate quotation is a transformative use. In China, court decisions on whether parody constitutes free use are inconsistent. The interpretation of the requirement for the designation of source in the free use standard must consider the creation habits of different forms and the citation conventions of different industries. Substantial use of the work is the premise of applying the free use standard. The determination of not conflicting with a normal explication of the work involves a demarcation of the market scope of the work. In addition, courts should investigate the economic and personal rights of copyright owners when it comes to judging ‘not unreasonably prejudicing the lawful interests of the copyright owner’. Finally, it is suggested that legislators should change the 13th clause into an open standard when revising copyright law in the future.
{"title":"On the legal interpretation of parody in the new Copyright Law of China","authors":"Ziyu Zuo","doi":"10.4337/qmjip.2023.02.02","DOIUrl":"https://doi.org/10.4337/qmjip.2023.02.02","url":null,"abstract":"Although the free use provision of the new Copyright Law of the People’s Republic of China has added a 13th clause (the miscellaneous clause), it has not changed the closure of the free use system. The nature of appropriate quotation is a transformative use. In China, court decisions on whether parody constitutes free use are inconsistent. The interpretation of the requirement for the designation of source in the free use standard must consider the creation habits of different forms and the citation conventions of different industries. Substantial use of the work is the premise of applying the free use standard. The determination of not conflicting with a normal explication of the work involves a demarcation of the market scope of the work. In addition, courts should investigate the economic and personal rights of copyright owners when it comes to judging ‘not unreasonably prejudicing the lawful interests of the copyright owner’. Finally, it is suggested that legislators should change the 13th clause into an open standard when revising copyright law in the future.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45186076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.4337/qmjip.2023.01.04
Diligena Dilixiati, Xiaoting Song
Traditional knowledge itself is a living body of knowledge, which constitutes a part of its holders’ cultural or spiritual identity, and can also be continuously created as knowledge resources to form new knowledge, so that they can benefit from the protection of the intellectual property system. In recent years, through reasonable institutional arrangements and moderate market development, more and more countries and regions are promoting sustainable development of traditional communities through fair trade. When traditional knowledge products enter the market, the most common form globally is to share the benefits of traditional knowledge by contract. This article takes the case of traditional knowledge marketization in China as its research sample, summarizing four typical traditional knowledge benefit-sharing modes. By considering stakeholders’ motivation, purpose and negotiation ability in different modes, we find that the commonly agreed conditions with the contract as the main method show substantial unfairness characteristics, and put forward the corresponding optimization scheme of a benefit-sharing mode. The central argument is that substantive fairness should be the main principle of any traditional knowledge benefit-sharing system to ensure the sustainable development of traditional communities, and make the experience of China available for the international benefit sharing of conventional knowledge property.
{"title":"Benefit-sharing model of traditional knowledge based on substantive fairness in China","authors":"Diligena Dilixiati, Xiaoting Song","doi":"10.4337/qmjip.2023.01.04","DOIUrl":"https://doi.org/10.4337/qmjip.2023.01.04","url":null,"abstract":"Traditional knowledge itself is a living body of knowledge, which constitutes a part of its holders’ cultural or spiritual identity, and can also be continuously created as knowledge resources to form new knowledge, so that they can benefit from the protection of the intellectual property system. In recent years, through reasonable institutional arrangements and moderate market development, more and more countries and regions are promoting sustainable development of traditional communities through fair trade. When traditional knowledge products enter the market, the most common form globally is to share the benefits of traditional knowledge by contract. This article takes the case of traditional knowledge marketization in China as its research sample, summarizing four typical traditional knowledge benefit-sharing modes. By considering stakeholders’ motivation, purpose and negotiation ability in different modes, we find that the commonly agreed conditions with the contract as the main method show substantial unfairness characteristics, and put forward the corresponding optimization scheme of a benefit-sharing mode. The central argument is that substantive fairness should be the main principle of any traditional knowledge benefit-sharing system to ensure the sustainable development of traditional communities, and make the experience of China available for the international benefit sharing of conventional knowledge property.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49404267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.4337/qmjip.2023.01.03
Gabriel Garcia, Qinqing Xu
The world has witnessed the rapid transformation of China from a country with a limited legal system to support global trade and protect intellectual property (IP) to a nation with a mature legal framework supportive of an economy driven by knowledge and innovation. This transition has facilitated a change in the role played by China in its cooperation in the field of IP, from a recipient of foreign technical assistance to a provider of such assistance to other developing nations. This article assesses China’s collaboration with other developing countries to strengthen the protection of IP in the context of the rising significance of technology and innovation in the economic plans implemented by Beijing. It argues that China’s engagement in the IP arena follows a South-South cooperation approach supportive of the interests of the developing world in international forums. The essay concludes that the collaboration between the Asian powerhouse and the Global South will continue in the near future but it may change by 2035 when China’s economy will rely more on innovation.
{"title":"China’s international cooperation: assisting developing countries to build intellectual property systems","authors":"Gabriel Garcia, Qinqing Xu","doi":"10.4337/qmjip.2023.01.03","DOIUrl":"https://doi.org/10.4337/qmjip.2023.01.03","url":null,"abstract":"The world has witnessed the rapid transformation of China from a country with a limited legal system to support global trade and protect intellectual property (IP) to a nation with a mature legal framework supportive of an economy driven by knowledge and innovation. This transition has facilitated a change in the role played by China in its cooperation in the field of IP, from a recipient of foreign technical assistance to a provider of such assistance to other developing nations. This article assesses China’s collaboration with other developing countries to strengthen the protection of IP in the context of the rising significance of technology and innovation in the economic plans implemented by Beijing. It argues that China’s engagement in the IP arena follows a South-South cooperation approach supportive of the interests of the developing world in international forums. The essay concludes that the collaboration between the Asian powerhouse and the Global South will continue in the near future but it may change by 2035 when China’s economy will rely more on innovation.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46134638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.4337/qmjip.2023.01.00
J. Gibson
In 1943, the literary theorist, William Wimsatt, and the philosopher of art and aesthetics, Monroe Beardsley, produced an entry for ‘Intention’ in Joseph T Shipley’s Dictionary of World Literature. It is notable that this somewhat revolutionary entry was written at a time of World War and intense scrutiny and criticism of populist rhetoric and cults of personality. At the same time, this critical re-examination of authorial intent was somewhat startling to the dominant traditions of textual interpretation: ‘There is hardly a problem of literary criticism in which the critic’s approach will not be qualified by his view of “intention”.’ It was also a significant departure from the immutability of the literary canon and critics like FR Leavis who determined an elite tradition and delivered a type of literary criticism that self-consciously rendered a classist account of authors and readers alike. After the War, in 1946, Wimsatt and Beardsley published their longer treatment of the question of intention in the now famous essay, The Intentional Fallacy, where they maintain that the author’s intention is ‘not a part of the work as a linguistic fact’, it is external and therefore ‘private and idiosyncratic’. The work is also contingent, historical, and situated: ‘In the course of years a work may undergo a shift in meaning in some of its words, so that one may have to distinguish between the work “then” and the work “now”.’ In the original and brief dictionary entry,
1943年，文学理论家William Wimsatt和艺术与美学哲学家Monroe Beardsley在Joseph T Shipley的《世界文学词典》中为“意向”词条。值得注意的是，这篇有点革命性的文章是在第二次世界大战期间写的，当时对民粹主义言论和个人崇拜进行了严格的审查和批评。与此同时，这种对作者意图的批判性重新审视在某种程度上震惊了文本解释的主流传统：“在文学批评中，几乎没有评论家的方法不符合他的“意图”观的问题。”这也是对文学经典和评论家的永恒性的重大背离，像FR Leavis这样的评论家确定了精英传统，并提出了一种文学批评，自觉地对作者和读者进行了古典主义的描述。战争结束后，1946年，Wimsatt和Beardsley在现在著名的文章《意图谬误》中发表了他们对意图问题的长期处理，他们认为作者的意图“不是作为语言事实的作品的一部分”，它是外部的，因此是“私人的和特殊的”。作品也具有偶然性、历史性和情境性：“在几年的过程中，作品的某些词语的含义可能会发生变化，因此人们可能不得不区分作品“当时”和作品“现在”。”在原始和简短的词典条目中，
{"title":"The authorial fallacy: what literary theory, Roald Dahl, Donald Trump, and artificial intelligence have in common","authors":"J. Gibson","doi":"10.4337/qmjip.2023.01.00","DOIUrl":"https://doi.org/10.4337/qmjip.2023.01.00","url":null,"abstract":"In 1943, the literary theorist, William Wimsatt, and the philosopher of art and aesthetics, Monroe Beardsley, produced an entry for ‘Intention’ in Joseph T Shipley’s Dictionary of World Literature. It is notable that this somewhat revolutionary entry was written at a time of World War and intense scrutiny and criticism of populist rhetoric and cults of personality. At the same time, this critical re-examination of authorial intent was somewhat startling to the dominant traditions of textual interpretation: ‘There is hardly a problem of literary criticism in which the critic’s approach will not be qualified by his view of “intention”.’ It was also a significant departure from the immutability of the literary canon and critics like FR Leavis who determined an elite tradition and delivered a type of literary criticism that self-consciously rendered a classist account of authors and readers alike. After the War, in 1946, Wimsatt and Beardsley published their longer treatment of the question of intention in the now famous essay, The Intentional Fallacy, where they maintain that the author’s intention is ‘not a part of the work as a linguistic fact’, it is external and therefore ‘private and idiosyncratic’. The work is also contingent, historical, and situated: ‘In the course of years a work may undergo a shift in meaning in some of its words, so that one may have to distinguish between the work “then” and the work “now”.’ In the original and brief dictionary entry,","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47276549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.4337/qmjip.2023.01.02
Oğulcan Ekiz
In this study, the courtroom is examined as a discursive space of photography and it is argued that copyright infringement lawsuits introduce a unique frame for photographs that alter the meaning of the images. As a case study, Tony Gentile’s iconic photograph of the Italian judges Giovanni Falcone and Paolo Borsellino is used, it was the subject of the Rome Court of First Instance’s 2019 judgment. Relying on the contextual studies of photography, the shift in the image’s spectator, its surrounding, and its significance is examined. Eventually it is argued that as the eyes that see the image change from the Italian public to the Judge, the purpose of looking changes too.
{"title":"Photographs in court: copyright adjudication as a contextual element of a photograph’s meaning","authors":"Oğulcan Ekiz","doi":"10.4337/qmjip.2023.01.02","DOIUrl":"https://doi.org/10.4337/qmjip.2023.01.02","url":null,"abstract":"In this study, the courtroom is examined as a discursive space of photography and it is argued that copyright infringement lawsuits introduce a unique frame for photographs that alter the meaning of the images. As a case study, Tony Gentile’s iconic photograph of the Italian judges Giovanni Falcone and Paolo Borsellino is used, it was the subject of the Rome Court of First Instance’s 2019 judgment. Relying on the contextual studies of photography, the shift in the image’s spectator, its surrounding, and its significance is examined. Eventually it is argued that as the eyes that see the image change from the Italian public to the Judge, the purpose of looking changes too.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41453932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：