Given the importance of “property rights” in American law and cul- ture, academic and judicial disagreement over the content of the con- cept is a problem. Professor Eric Claeys makes considerable progress toward resolving this problem in his forthcoming book, Natural Prop- erty Rights. Using John Locke’s labor theory of property, the treatise identifies intelligible limits to the kinds of objects that qualify as prop- erty and provides guidance on how legal rights should operate for a given category of objects. It also identifies several examples of American law that already follow a Lockean framework. The chapters Designing Property Rights and Dividing Property Rights pull examples from cases discussing rights in animals, land, and water. This Article is the first to use Claeys’s natural property rights approach to explain the law of busi- ness organizations.
{"title":"Business Organizations as Natural Objects of Ownership","authors":"Kevin Douglas","doi":"10.37419/jpl.v9.i4.4","DOIUrl":"https://doi.org/10.37419/jpl.v9.i4.4","url":null,"abstract":"Given the importance of “property rights” in American law and cul- ture, academic and judicial disagreement over the content of the con- cept is a problem. Professor Eric Claeys makes considerable progress toward resolving this problem in his forthcoming book, Natural Prop- erty Rights. Using John Locke’s labor theory of property, the treatise identifies intelligible limits to the kinds of objects that qualify as prop- erty and provides guidance on how legal rights should operate for a given category of objects. It also identifies several examples of American law that already follow a Lockean framework. The chapters Designing Property Rights and Dividing Property Rights pull examples from cases discussing rights in animals, land, and water. This Article is the first to use Claeys’s natural property rights approach to explain the law of busi- ness organizations.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135337575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Article introduces a symposium hosted by the Texas A&M University Journal of Property Law. The symposium is on a forthcoming book, and in that book the author introduces and defends a theory of property relying on labor, natural rights, and mine-run principles of natural law. Parts I and II of the Article preview the main claims of the book, summarizing part by part and chapter by chapter.
The rest of the Article illustrates how the theory introduced in the book applies to a contemporary resource dispute. The Article studies an ongoing lawsuit styled Campo v. United States, now pending in federal court. In Campo, oyster producers are suing the United States for inverse condemnation. The class plaintiffs seek $1.6 billion in just compensation for the U.S. Army Corps of Engineers having (allegedly) killed oysters they were raising when it diverted water from the Mississippi River through a spillway into the Gulf Coast.
The Campo case repays study for two reasons. Labor and natural rights are already at play in the Campo litigation. The U.S. government moved to dismiss the plaintiffs’ claims to property in oysters, and when the presiding judge denied that motion he relied in part on natural rights and the labor theory John Locke introduced in his Second Treatise of Government. Separately, the underlying dispute fairly tests any general theory of property. The dispute raises questions about: whether oysters should be private property; whether people should be allowed to claim private property in coastal water bottoms; how property in oysters and water bottoms should be reconciled with public interests in shoreline protection; why have an institution like eminent domain; and how nuisance law should apply to a government-sponsored water diversion into coastal areas. If a theory of property can shed helpful light on all of those issues, it applies broadly enough to constitute a general theory of property, and the theory introduced in this Article satisfies that standard. Along the way, this Article also shows how a labor- and rights-based property theory differs from justifications for property and regulation influential in contemporary law, policy, and scholarship.
{"title":"Natural Property Rights: An Introduction","authors":"Eric R. Claeys","doi":"10.37419/jpl.v9.i4.1","DOIUrl":"https://doi.org/10.37419/jpl.v9.i4.1","url":null,"abstract":"This Article introduces a symposium hosted by the Texas A&M University Journal of Property Law. The symposium is on a forthcoming book, and in that book the author introduces and defends a theory of property relying on labor, natural rights, and mine-run principles of natural law. Parts I and II of the Article preview the main claims of the book, summarizing part by part and chapter by chapter.
 The rest of the Article illustrates how the theory introduced in the book applies to a contemporary resource dispute. The Article studies an ongoing lawsuit styled Campo v. United States, now pending in federal court. In Campo, oyster producers are suing the United States for inverse condemnation. The class plaintiffs seek $1.6 billion in just compensation for the U.S. Army Corps of Engineers having (allegedly) killed oysters they were raising when it diverted water from the Mississippi River through a spillway into the Gulf Coast.
 The Campo case repays study for two reasons. Labor and natural rights are already at play in the Campo litigation. The U.S. government moved to dismiss the plaintiffs’ claims to property in oysters, and when the presiding judge denied that motion he relied in part on natural rights and the labor theory John Locke introduced in his Second Treatise of Government. Separately, the underlying dispute fairly tests any general theory of property. The dispute raises questions about: whether oysters should be private property; whether people should be allowed to claim private property in coastal water bottoms; how property in oysters and water bottoms should be reconciled with public interests in shoreline protection; why have an institution like eminent domain; and how nuisance law should apply to a government-sponsored water diversion into coastal areas. If a theory of property can shed helpful light on all of those issues, it applies broadly enough to constitute a general theory of property, and the theory introduced in this Article satisfies that standard. Along the way, this Article also shows how a labor- and rights-based property theory differs from justifications for property and regulation influential in contemporary law, policy, and scholarship.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135337566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Building a ‘Green Data’ Future: how a human-centric approach to data and nudges can help fight climate change","authors":"Mark Fenwick, Paulius Jurcys","doi":"10.1093/jiplp/jpad031","DOIUrl":"https://doi.org/10.1093/jiplp/jpad031","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134955729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Invoking Article 73 TRIPS in good faith: no recourse to ‘security exceptions’ for Russia’s violation of TRIPS","authors":"Olga Gurgula","doi":"10.1093/jiplp/jpad032","DOIUrl":"https://doi.org/10.1093/jiplp/jpad032","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135905235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Monopolising trash: a critical analysis of upcycling under Finnish and EU copyright law","authors":"Péter Mezei, Heidi Härkönen","doi":"10.1093/jiplp/jpad019","DOIUrl":"https://doi.org/10.1093/jiplp/jpad019","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135439782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Round-up of fashion-related IP decisions in 2022","authors":"","doi":"10.1093/jiplp/jpad013","DOIUrl":"https://doi.org/10.1093/jiplp/jpad013","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135677427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Round-up of intellectual property decisions and other developments in Africa 2022","authors":"Chijioke Okorie","doi":"10.1093/jiplp/jpad012","DOIUrl":"https://doi.org/10.1093/jiplp/jpad012","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135782275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
... On 22 May 2021, the World News Media widely reported on the passing, at the age of 91, of Professor Yuan Longping, a Chinese agronomist nicknamed the ‘Father of Hybrid Rice’ and reputed for reportedly saving the teeming Chinese population with his genetically modified hybrid species of high-yield, fast-growing, disease-resistant rice discovered in 1974.1 His species of rice was to become predominant in the USA, Africa and Asia, thereby saving practically the entire world from malnutrition, hunger and starvation.2 Encomiums and fond remembrance continued to trail the demise of this world-famous and important scientist.3 In the 1970s, Yuan’s hybrid strain of rice recorded an annual yield 20 per cent higher than existing variety which, in practical terms, meant that it could feed an extra 70 million people in China that year.4 In 2017, in conjunction with an agricultural school, he helped create a strain of low-cadmium Indica rice for areas suffering from heavy metal pollution, reducing the amount of cadmium in rice by more than 90 per cent.5 These examples illustrate the importance of genetically modified plant variety in contemporary agriculture and explain why governments and non-governmental institutions should encourage and protect safe inventions in agriculture to incentivize creativity and end global hunger and malnutrition, especially in times of food shortage, famine and global food insecurity. Apart from the 2004 World Food Prize, Yuan’s honours and awards also included the United Nations Food and Agriculture Organization (FAO) Medal of Honor for Food Security and the 2004 Wolf Prize in Agriculture, and he was also appointed as chief consultant to the United Nations FAO programme to increase grain production outside China which made the hybrid rice its first choice.6
{"title":"Plant variety protection and secured financing in Nigeria: lessons from international standards","authors":"Nicholas Chinedu Eze","doi":"10.1093/jiplp/jpad002","DOIUrl":"https://doi.org/10.1093/jiplp/jpad002","url":null,"abstract":"... On 22 May 2021, the World News Media widely reported on the passing, at the age of 91, of Professor Yuan Longping, a Chinese agronomist nicknamed the ‘Father of Hybrid Rice’ and reputed for reportedly saving the teeming Chinese population with his genetically modified hybrid species of high-yield, fast-growing, disease-resistant rice discovered in 1974.1 His species of rice was to become predominant in the USA, Africa and Asia, thereby saving practically the entire world from malnutrition, hunger and starvation.2 Encomiums and fond remembrance continued to trail the demise of this world-famous and important scientist.3 In the 1970s, Yuan’s hybrid strain of rice recorded an annual yield 20 per cent higher than existing variety which, in practical terms, meant that it could feed an extra 70 million people in China that year.4 In 2017, in conjunction with an agricultural school, he helped create a strain of low-cadmium Indica rice for areas suffering from heavy metal pollution, reducing the amount of cadmium in rice by more than 90 per cent.5 These examples illustrate the importance of genetically modified plant variety in contemporary agriculture and explain why governments and non-governmental institutions should encourage and protect safe inventions in agriculture to incentivize creativity and end global hunger and malnutrition, especially in times of food shortage, famine and global food insecurity. Apart from the 2004 World Food Prize, Yuan’s honours and awards also included the United Nations Food and Agriculture Organization (FAO) Medal of Honor for Food Security and the 2004 Wolf Prize in Agriculture, and he was also appointed as chief consultant to the United Nations FAO programme to increase grain production outside China which made the hybrid rice its first choice.6","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135491273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
... The Circular Economy is the new paradigm embraced by the European Union (EU) in its transition towards a more sustainable economic (and socio-environmental) system.1 According to its common definition of ‘an economy that is restorative and regenerative by design’,2 this paradigm shift gives preference to models of production and consumption that are based not just on old-fashioned (although always precious) saving practices, but also on innovative re-elaboration of existing resources in order to create new value.3 If there is no doubt that the Circular Economy is mainly addressed to large-scale general industries, its impact should not be disregarded also for traditional sectors like the ones interested by geographical indications (GIs), where sustainability issues are getting more and more attention.4 From this point of view, the current EU reform proposal concerning GIs—that consists of strengthening the existing schemes for agri-food/wine/spirits products,5 plus introducing a new parallel scheme for craft/industrial products6—is moving forward in the direction of making its sui generis regime the most advanced (and so inevitably the most debated) model of protection for this IP right,7 alongside the EU expansive policy agenda at the international level.8
{"title":"Geographical indications used as ingredients or components: a proposed reform in ‘sharp’ contrast with the Circular Economy (to say the least)","authors":"Bernardo Calabrese","doi":"10.1093/jiplp/jpad009","DOIUrl":"https://doi.org/10.1093/jiplp/jpad009","url":null,"abstract":"... The Circular Economy is the new paradigm embraced by the European Union (EU) in its transition towards a more sustainable economic (and socio-environmental) system.1 According to its common definition of ‘an economy that is restorative and regenerative by design’,2 this paradigm shift gives preference to models of production and consumption that are based not just on old-fashioned (although always precious) saving practices, but also on innovative re-elaboration of existing resources in order to create new value.3 If there is no doubt that the Circular Economy is mainly addressed to large-scale general industries, its impact should not be disregarded also for traditional sectors like the ones interested by geographical indications (GIs), where sustainability issues are getting more and more attention.4 From this point of view, the current EU reform proposal concerning GIs—that consists of strengthening the existing schemes for agri-food/wine/spirits products,5 plus introducing a new parallel scheme for craft/industrial products6—is moving forward in the direction of making its sui generis regime the most advanced (and so inevitably the most debated) model of protection for this IP right,7 alongside the EU expansive policy agenda at the international level.8","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135489594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The China National Intellectual Property Administration decided that the plaintiff’s administrative adjudication request met the conditions for acceptance according to the Measures for Administrative Adjudication of Significant Patent Infringement Disputes (2021), even if there was an ongoing judicial suit in the People’s Court concerning related patents. Although the defendant had filed an application for invalidation of the plaintiff’s patent, the defendants’ plea to suspend the ongoing patent infringement adjudication was dismissed based on considerations related to fairness and efficiency.
{"title":"China National Intellectual Property Administration clarifies administrative adjudication measures for significant patent infringement disputes in pharmaceutical cases","authors":"Qiang Yu","doi":"10.1093/jiplp/jpad006","DOIUrl":"https://doi.org/10.1093/jiplp/jpad006","url":null,"abstract":"Abstract The China National Intellectual Property Administration decided that the plaintiff’s administrative adjudication request met the conditions for acceptance according to the Measures for Administrative Adjudication of Significant Patent Infringement Disputes (2021), even if there was an ongoing judicial suit in the People’s Court concerning related patents. Although the defendant had filed an application for invalidation of the plaintiff’s patent, the defendants’ plea to suspend the ongoing patent infringement adjudication was dismissed based on considerations related to fairness and efficiency.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135491276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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