Expanding Intellectual Property. Copyrights and Patents in Twentieth-Century Europe and Beyond
Expanding Intellectual Property. Copyrights and Patents in Twentieth-Century Europe and Beyond
Contributor(s): Augusta Dimou (Editor), Hannes Siegrist (Editor)
Subject(s): Law, Constitution, Jurisprudence
ISSN: 2416-1160
Published by: Central European University Press
Keywords: Intellectual property;Copyright;Patent laws and
legislation
Summary/Abstract: The book deals with the expansion and institutionalization of intellectual property norms in the twentieth century, with a European focus. Its thirteen chapters revolve around the transfer, adaptation and the ambivalence of legal transplants in the interface between national and international projects, trends and contexts. The first part discusses the institutionalization of copyright and patent law in the frame- work of the bigger political and economic projects of the twentieth century. The second and third parts of the collection review relevant processes in the communist regimes and the post-communist societies, respectively. The essays point at processes of enculturation, trans-nationalization and universalization of norms, as well as practices of incorporation and resistance. The contributors lay a particular emphasis on the role and activity of social actors in the establishment and validation of intellectual property norms and regimes, from the function of experts and creation of expert cultures to the compelling power of popular street protests.
- E-ISBN-13: 978963-386-186-8
- Print-ISBN-13: 978-963-386-185-1
- Page Count: 323
- Publication Year: 2017
- Language: English
Intellectual Property Rights and the Dynamics of Propertization, Nationalization, and Globalization in Modern Cultures and Economies
Intellectual Property Rights and the Dynamics of Propertization, Nationalization, and Globalization in Modern Cultures and Economies
(Intellectual Property Rights and the Dynamics of Propertization, Nationalization, and Globalization in Modern Cultures and Economies)
- Author(s):Hannes Siegrist
- Language:English
- Subject(s):Civil Law, International Law, Transformation Period (1990 - 2010), Present Times (2010 - today)
- Page Range:19-47
- No. of Pages:29
- Keywords:Propertization;Nationalization;Globalization;Intellectual Property
- Summary/Abstract:Property (in a generic sense) and intellectual property (an encompassing category for copyrights, patents and trademarks) are central elements of the institutional and constitutional order of modern cultures and societies. “Property” refers to a bundle of exclusive rights and entitlements which institutionalize (i.e., regulate) the usage, control and transfer of material and immaterial goods. Property rights define and institutionalize social relations between individuals, groups, organizations, and states in a particular mode, namely as property-based relations. They define and sanction a) the interaction between social actors and b) the relationship between a legal subject and a material or immaterial object. They institutionalize the cooperation, communication and competition among social actors such as entrepreneurs and workers, owners and nonowners, producers, mediators and users. They determine the allocation and usage of goods or assets such as land, buildings, technical equipment, financial capital, forms of expression and useful new technical knowledge. Thus, material and immaterial property rights belong to the broader category ofexclusive long-term rights, which are expected to stabilize social relations and hierarchies, to integrate societies and to regulate exchanges. The histories of material and immaterial property rights differ in some respects but are fundamentally connected and complementary. In the following chapter I will focus on the history of propertization (as well as de- and repropertization) in the spheres of information, cultural artifacts, symbols, forms of expression, and scientific and technical knowledge in the contexts of nationalization and globalization of cultural and economic relations. Propertization means that relationships between persons, organizations and objects are increasingly conceived and regulated as property-based relations. Because the meanings, functions and effects of intellectual property rights depend on the general social, cultural and institutional setting in which they are embedded, I will outline the history of intellectual property rights within the general history of culture, science, economy and politics. I will do this specifically by connecting the history of propertization with the histories of the nationalization and globalization of cultural relations. These three forms and strategies of institutionalization and organization are fundamental to an understanding of the dynamics of modern societies, economies and cultures. I will examine how these strategies have been combined at different times and in different places; and whether they hindered or consolidated one another. This will help us to explain, and subsequently understand, the history of the expansion of intellectual property rights.
- Price: 13.05 €
Power and Development
Power and Development
(Power and Development)
- Author(s):Jonas Görtz
- Language:English
- Subject(s):Civil Law, International Law, Transformation Period (1990 - 2010), Present Times (2010 - today)
- Page Range:49-70
- No. of Pages:22
- Keywords:copyright and patent right;intellectual property;
- Summary/Abstract:The research interest of the present analysis, therefore, lies in the specific interests of the various historical stakeholders. How and why were the regulations of the international copyright regimes linked to international policies of developmental aid? How did the negotiations between the early 1960s and the revision conference in Paris in 1971 impact on international copyright regimes? Is it valid to speak of their “politicization”? Are the negotiations between developing and developed countries, between private, public and state stakeholders in the respective period merely an episode within a larger process of IPR “expansion,” as postulated by some? And finally, what are the roles of national institutions and international epistemic communities within these processes? Cultural and social historians have only started analyzing IPR in the past few years. The period between 1945 and the 1990s has certainly been somewhat overlooked. This analysis intends to help fill the gap by taking a brief glance at the events and processes of the 1960s. It is roughly divided into three parts: The first part deals with a number of smaller meetings and conferences leading up to the revision conference in Stockholm in 1967. Part two will take a closer look at the constellations and conflicts revealed by that conference, while the third part discusses the short period leading up to the revision conference of 1971 in Paris, where interim compromises and dispositions in the disputes were inscribed into both the BC und the UCC. The year 1971, therefore, forms an initial hiatus in the development of international copyright regimes and serves as the focal point for this discussion.
- Price: 9.90 €
Legal Designs
Legal Designs
(Legal Designs)
- Author(s):Stina Teilmann-Lock
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:71-84
- No. of Pages:14
- Keywords:copyright and patent right;Denmark;design;
- Summary/Abstract:In the three centuries that have passed since its introduction by the British Statute of Anne in 1710, copyright law has been transformed from a narrow law regulating only the printing of books to a modern wide-ranging law that protects intangible property rights in the works of sculptors, jewelers, photographers, architects, cabinetmakers, software developers and numerous other types of people who are recognized to be creative. It has been acknowledged that their products or artifacts contain an intangible dimension that is protectable by copyright law. An example of the expansion of this subject matter occurred in the early twentieth century in Danish copyright law when design became an object of copyright protection in Denmark. Recently, Danish lawyers have commented on the fact that, in copyright infringement cases involving applied art, Danish courts tend to accord an unimpeachable authority to the views of court-appointed experts.2 Yet few have sufficiently recognized quite how important and influential these court-appointed experts have been. Strategically, they have been given the authority to inform judges and lawyers, and society at large, about both the principles of modernist aesthetics in design and the working practices of designers. It will be argued in this chapter that court-appointed experts, in particular experts recruited from the circle of “Danish Modern” designers, have had a crucial impact on the direction of design copyright in Denmark—both on the scope of copyright protection of applied art, and on the very notion of “design” which deserves such protection. Three landmark cases from Danish law concerning copyright infringement in designs will be discussed, tracing a path from expert opinion statements to statutory law.
- Price: 6.30 €
Intellectual Property and Competition Policy
Intellectual Property and Competition Policy
(Intellectual Property and Competition Policy)
- Author(s):Louis Pahlow
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:85-106
- No. of Pages:22
- Keywords:copyright and patent right;Germany
- Summary/Abstract:This chapter will use the example of patent law to examine the question of how intellectual property rights affect the competition and interdependence between market participants, and their regulation. The first section will analyze the significance of patent pools as the basis for a bundling of technical property rights as well as the expansion of the patents’ penetrative power in the face of outsiders. The subsequent section will then address the issue of whether, and if so to what extent, patent, and cartel laws after 1918 were able to restrict the increasing market power of industrial concerns with regards to the access of outsiders to technical innovations.
- Price: 9.90 €
The Melting Pot of Copyright Law
The Melting Pot of Copyright Law
(The Melting Pot of Copyright Law)
- Author(s):Michael Birnhack
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:107-126
- No. of Pages:20
- Keywords:copyright and patent right;Israel;
- Summary/Abstract:Studies dealing with legal transplants have generally focused on official channels of transplantation, in cases when a foreign government imposed its laws onto an occupied territory or a colony, or when a country willfully adopted a foreign law. This chapter points to yet another channel of legal transplantation, one that is informal and neither organized nor deliberate,and one that arose via an organic channel from the “bottom up” rather than from the “top down.” This channel occurs when the law acknowledges patterns of immigration, that is, when immigrants themselves bring their disputes along with them. The law applied in such disputes is often the one that is in force in the originating country. If strong and persistent enough, the immigrant’s law might be infused into the law of the new country. This is transplantation-by-immigration. The informal channel might collide with state law and formal channels of legal transplants.Organic transplants are often an uphill battle.
- Price: 9.00 €
“Aryanization” Expanded?
“Aryanization” Expanded?
(“Aryanization” Expanded?)
- Author(s):Lida Barner
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Jewish studies
- Page Range:127-144
- No. of Pages:18
- Keywords:copyright and patent right;jews;Nazi Germany;
- Summary/Abstract:The following chapter examines the fate of intellectual property rights owned by Jews who lived in Nazi-occupied Europe. When the authors and inventors of creations protected by patent, trademark and copyright law were defined as “non-Aryan” and purged from society, what became of the rights to their innovations and the creations themselves? One of the few statements to be found relating to these aspects was by Göring in 1938:“Jewish patents are property values and as such are to be Aryanized as well.” However, what he and others considered “Jewish patents,” whether this call for “aryanization” (that is, the transfer to “Aryans”) was to extend to other types of intellectual property, and how it was put into practice has been largely unexplored.
- Price: 8.10 €
Copyright in the German Democratic Republic and the International Copyright Regime
Copyright in the German Democratic Republic and the International Copyright Regime
(Copyright in the German Democratic Republic and the International Copyright Regime)
- Author(s):Matthias Wiessner
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:147-172
- No. of Pages:26
- Keywords:Berne Convention;GDR;copyright and patent right;
- Summary/Abstract:This chapter examines the GDR copyright policy and its role as an important element of the country’s cultural policy and describes its attitude toward the international copyright regime from the state’s foundation in 1949 up to the early 1970s. The chapter addresses the ideas and strategies of politicians and experts in the GDR, the role of individual member states of the Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention”) in relation to the GDR, the position of the administration of the Berne Convention, the Berne Office,and institutional structures in the field of copyright in the GDR. I will start this essay with an outline of the history and the character of GDR copyright law and its place in the development of economics, politics and culture within a socialist society. A treatment of the Berne Convention as applied to the German situation after World War II will follow. I will continue with a description of the GDR’s attitude toward international copyright in the 1950s (exemplified by the Thomas Mann Case), the controversy surrounding the Berne Convention and the GDR’s attempts to join the convention during the 1950s and 1960s and an outline of its struggle for full acknowledgment.
- Price: 11.70 €
From State Governance to Self-Management
From State Governance to Self-Management
(From State Governance to Self-Management)
- Author(s):Augusta Dimou
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:173-203
- No. of Pages:31
- Keywords:copyright and patent right;Yugoslavia;
- Summary/Abstract:The following chapter explores the development of copyright in communist Yugoslavia from the late 1940s to the 1970s. Its aim is to situate the evolution of Intellectual Property Rights within the context of the social,economic, cultural and political developments of postwar Yugoslavia and elucidate the rationale behind the implementation of specific options and policies in copyright regulation.
- Price: 13.95 €
Samizdat, Copyright, and the State
Samizdat, Copyright, and the State
(Samizdat, Copyright, and the State)
- Author(s):Debora Halbert
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:205-228
- No. of Pages:24
- Keywords:Samizdat;Copyright;East and West;censorship;
- Summary/Abstract:This chapter will explore and develop two interwoven arguments. First, the creation and role of samizdat literature and art in the former Soviet Union and its satellites tells us something about the motivation for creativity and what counts as authentic in a world governed by authoritarian states. Second, samizdat retains an important role in today’s culture,where censors continue to use copyright as a tool to control expression,albeit under the guise of a “free market.” Instead of resisting the force of an authoritarian system, what must be resisted today is the totalizing control copyright has extended over all forms of creativity and the idea that the only legitimate culture is that produced for economic reasons.What samizdat makes clear is that those who identify themselves as “true”artists and take controversial political stances very often do so without recourse to copyright. Furthermore, there is a need for a samizdat that confronts the over extension of copyright and helps to reframe the debate about creativity in the future.
- Price: 10.80 €
The Influence of EU Copyright Harmonization Directives on the Construction of Postsocialist Copyright Law in Central and Eastern Europe
The Influence of EU Copyright Harmonization Directives on the Construction of Postsocialist Copyright Law in Central and Eastern Europe
(The Influence of EU Copyright Harmonization Directives on the Construction of Postsocialist Copyright Law in Central and Eastern Europe)
- Author(s):Adolf Dietz
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:231-245
- No. of Pages:15
- Keywords:copyright and patent right;intellectual property;EU;Post-communism;
- Summary/Abstract:In the years following 1989, the former socialist countries of Central, Eastern and Southeastern Europe (hereinafter called “the Eastern European countries”) underwent a remarkably rapid transition to democracy and market economy. As a consequence, they not only had to undertake the necessary political reforms, but they also had to introduce important reforms in many individual fields of law, in particular, the field of intellectual property law, including, of course, copyright law. Thus, a whole wave of new copyright laws came into being in these countries during the legislative prolificacy of the 1990s.
- Price: 6.75 €
A New Concept in an Old Context
A New Concept in an Old Context
(A New Concept in an Old Context)
- Author(s):Mišo Dokmanović
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:247-266
- No. of Pages:20
- Keywords:Macedonia;Copyright;Intellectual property;
- Summary/Abstract:This chapter will analyze the development of a legal framework for intellectual property in Macedonia in the 1990s, focusing on key factors and processes that have shaped Macedonian intellectual property legislation, and on developments regarding copyright and neighboring rights as well as industrial property.
- Price: 9.00 €
Opposing the Expansion of Copyright Law
Opposing the Expansion of Copyright Law
(Opposing the Expansion of Copyright Law)
- Author(s):Katarzyna Gracz
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:267-302
- No. of Pages:36
- Keywords:intellectual property;copyright and patent right;ACTA;
- Summary/Abstract:This contribution will tackle the question of the expansion of intellectual property in modern Europe from the perspective of copyright law. More precisely, it will focus on a case study of the recent rejection of the ACTA treaty both by the member states and by the European Union as a result of demonstrations of public discontent across Europe, triggered by street protests in Poland.
- Price: 16.20 €
List of Contributors
List of Contributors
(List of Contributors)
- Contributor(s):Augusta Dimou (Editor)
- Language:English
- Subject(s):Essay|Book Review |Scientific Life
- Page Range:303-307
- No. of Pages:5
- Price: 4.50 €
Index
Index
(Index)
- Contributor(s):Augusta Dimou (Editor)
- Language:English
- Subject(s):Essay|Book Review |Scientific Life
- Page Range:309-315
- No. of Pages:7
- Price: 4.50 €