140 relations: Accessibility, Adelphi Charter, Alexandre Oliva, Andrew Gowers, Anti-Counterfeiting Trade Agreement, Artificial scarcity, Ayn Rand, Backronym, Base erosion and profit shifting, Base erosion and profit shifting (OECD project), Bayh–Dole Act, Berne Convention, Business, Business method patent, Candle, Capital allowance, Capitalism: The Unknown Ideal, Case law, Chemical patent, Civil law (legal system), Committee on Economic, Social and Cultural Rights, Commodification, Common law, Commonwealth of Nations, Conditional Access Directive, Confusing similarity, Constitution, Copyleft, Copyright, Copyright Directive, Copyright Duration Directive, Copyright infringement, Copyright Term Extension Act, David K. Levine, Derivative work, Design, Digital Millennium Copyright Act, Digital rights management, Double Irish arrangement, Dutch Sandwich, Economic Espionage Act of 1996, Eldred v. Ashcroft, Elizabeth I of England, Equity (law), EU illegal State aid case against Apple in Ireland, European Audiovisual Observatory, European Union law, Exclusive right, Fair dealing, Fair use, ..., Formula, France, Free Software Foundation, Free-culture movement, Freedom of information, Geographical indication, Georg Wilhelm Friedrich Hegel, GNU General Public License, Gnutella, Goods, Hacker culture, Halakha, Human rights, Idiom, Industrial design right, Industrial property, Information, Information policy, Intangible asset, Integrated circuit layout design protection, Intellectual property, Intellectual rights, Internet, Invention, Jörg Baten, Kazaa, Lawrence Lessig, Leahy-Smith America Invents Act, Libertarian perspectives on intellectual property, Libertarianism, Limitations and exceptions to copyright, Lysander Spooner, Mark Lemley, Michele Boldrin, Monthly Review (London), Moral rights, Motion Picture Association of America, Nanotechnology, Napster, Newspeak, North German Confederation, Orphan work, Paris Convention for the Protection of Industrial Property, Patent, Patent claim, Patent thicket, Pattern, Pension led funding, Peter Drahos, Pierre Moscovici, Plant breeders' rights, Property, Public domain, Recording Industry Association of America, Research and development, Richard Stallman, Rick Falkvinge, Rights, Royal Society of Arts, Royalty payment, Safe harbor (law), Service (economics), Sign (semiotics), Siva Vaidhyanathan, Software patent, Statute of Anne, Statute of Monopolies, Stephan Kinsella, Sui generis, Sui generis database right, Supplementary protection certificate, Sybaris, Tax Cuts and Jobs Act of 2017, Tax inversion, Techdirt, The Guardian, Thomas Jefferson, Trade dress, Trade secret, Trademark, TRIPS Agreement, Uniform Trade Secrets Act, United International Bureaux for the Protection of Intellectual Property, United Nations, United Nations University, Universal Declaration of Human Rights, Value added, WIPO Convention, Withholding tax, World Intellectual Property Organization. Expand index (90 more) » « Shrink index
Accessibility refers to the design of products, devices, services, or environments for people who experience disabilities.
The Adelphi Charter on Creativity, Innovation and Intellectual Property is the result of a project commissioned by the Royal Society for the encouragement of Arts, Manufactures & Commerce, London, UK, and is intended as a positive statement of what good intellectual property policy is.
Alexandre "Alex" Oliva, is a Brazilian free software activist, developer and founding member of Free Software Foundation Latin America (FSFLA).
Andrew Gowers (born 1957) was appointed editor of the Financial Times in October 2001.
The Anti-Counterfeiting Trade Agreement (ACTA) is a multinational treaty for the purpose of establishing international standards for intellectual property rights enforcement.
Artificial scarcity describes the scarcity of items even though either the technology and production, or sharing capacity exists to create a theoretically limitless abundance, as well as the use of laws to create scarcity where otherwise there wouldn't be.
Ayn Rand (born Alisa Zinovyevna Rosenbaum; – March 6, 1982) was a Russian-American writer and philosopher.
A backronym, or bacronym, is a constructed phrase that purports to be the source of a word that is an acronym.
Base erosion and profit shifting (or BEPS) refers to corporate tax planning strategies used by multinational companies that artificially "shift" profits from higher-tax locations, to lower-tax locations, thus "eroding" the tax-base of the higher-tax locations.
The OECD Base Erosion and Profit Shifting Project (or OECD BEPS Project) is an OECD project to set up an international framework to combat tax avoidance by multinational enterprises (MNEs).
The Bayh–Dole Act or Patent and Trademark Law Amendments Act (Pub. L. 96-517, December 12, 1980) is United States legislation dealing with intellectual property arising from federal government-funded research.
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.
Business is the activity of making one's living or making money by producing or buying and selling products (goods and services).
Business method patents are a class of patents which disclose and claim new methods of doing business.
A candle is an ignitable wick embedded in wax, or another flammable solid substance such as tallow, that provides light, and in some cases, a fragrance.
Capital allowances is the practice of allowing a company to get tax relief on tangible capital expenditure by allowing it to be expensed against its annual pre-tax income.
Capitalism: The Unknown Ideal is a collection of essays, mostly by Ayn Rand, with additional essays by her associates Nathaniel Branden, Alan Greenspan, and Robert Hessen.
Case law is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent.
A chemical patent, pharmaceutical patent or drug patent is a patent for an invention in the chemical or pharmaceuticals industry.
Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.
The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations body of 18 experts that usually meets twice per year in Geneva to consider the five-yearly reports submitted by UN member states on their compliance with the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Commodification is the transformation of goods, services, ideas and people into commodities, or objects of trade.
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.
The Commonwealth of Nations, often known as simply the Commonwealth, is an intergovernmental organisation of 53 member states that are mostly former territories of the British Empire.
Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access is a European Union directive in the field of intellectual property law, made under the internal market provisions of the Treaty of Rome.
In trademark law, confusing similarity is a test used during the examination process to determine whether a trademark conflicts with another, earlier mark, and also in trademark infringement proceedings to determine whether the use of a mark infringes a registered trademark.
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.
Copyleft (a play on the word copyright) is the practice of offering people the right to freely distribute copies and modified versions of a work with the stipulation that the same rights be preserved in derivative works down the line.
Copyright is a legal right, existing globally in many countries, that basically grants the creator of an original work exclusive rights to determine and decide whether, and under what conditions, this original work may be used by others.
The Copyright Directive (officially the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, also known as the Information Society Directive or the InfoSoc Directive), is a directive of the European Union enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was enacted under the internal market provisions of the Treaty of Rome. The directive was subject to unprecedented lobbying and has been cited as a success for copyright industries. The directive gives EU Member States significant freedom in certain aspects of transposition. Member States had until 22 December 2002 to implement the directive into their national laws. However, only Greece and Denmark met the deadline and the European Commission eventually initiated enforcement action against six Member States for non-implementation.
Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The Copyright Term Extension Act (CTEA) of 1998 extended copyright terms in the United States.
David Knudsen Levine (born c. 1955) is department of Economics and Robert Schuman Center for Advanced Study Joint Chair at the European University Institute; he is John H. Biggs Distinguished Professor of Economics Emeritus at Washington University in St. Louis.
In copyright law, a derivative work is an expressive creation that includes major copyright-protected elements of an original, previously created first work (the underlying work).
Design is the creation of a plan or convention for the construction of an object, system or measurable human interaction (as in architectural blueprints, engineering drawings, business processes, circuit diagrams, and sewing patterns).
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO).
Digital rights management (DRM) is a set of access control technologies for restricting the use of proprietary hardware and copyrighted works.
Double Irish arrangement is a tax scheme used by some U.S. corporations in Ireland (including Apple, Google and Facebook amongst others), to shield non-U.S. income from the pre Tax Cuts and Jobs Act of 2017 (TCJA) U.S. worldwide 35% tax system, and almost all Irish taxes.
A Dutch Sandwich is a corporate tax avoidance strategy used by some US multinational corporations to move profits sourced in EU countries, to offshore tax havens (such as the Bermuda black hole), and by-pass the various EU withholding tax regimes created to avoid movements of EU-sourced profits to tax havens.
The Economic Espionage Act of 1996 was a 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage (e.g., the theft or misappropriation of a trade secret and the National Information Infrastructure Protection Act), but the insanity defense, the Boys & Girls Clubs of America, requirements for presentence investigation reports, and the United States Sentencing Commission reports regarding encryption or scrambling technology, and other technical and minor amendments.
Eldred v. Ashcroft, (2003) was a decision by the Supreme Court of the United States upholding the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA).
Elizabeth I (7 September 1533 – 24 March 1603) was Queen of England and Ireland from 17 November 1558 until her death on 24 March 1603.
In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.
On 29 August 2016, after a two-year EU investigation, Margrethe Vestager of the European Commission announced Apple received illegal State aid from Ireland.
The European Audiovisual Observatory was set up by the Council of Europe as a Partial Agreement. Its legal basis is Resolution (92) 70 of the Committee of Ministers of the Council of Europe, 15 December 1992. The idea for the Observatory originated at the European Audiovisual Assizes in 1989, and was actively pursued by Audiovisual Eureka during the years 1989 to 1992. The observatory provides statistical and analytical information on the fields of: film, television, video/DVD, new audiovisual media services and public policy on film and television.
European Union law is the system of laws operating within the member states of the European Union.
In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit.
Fair dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work.
Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.
In science, a formula is a concise way of expressing information symbolically, as in a mathematical formula or a chemical formula.
France, officially the French Republic (République française), is a sovereign state whose territory consists of metropolitan France in Western Europe, as well as several overseas regions and territories.
The Free Software Foundation (FSF) is a 501(c)(3) non-profit organization founded by Richard Stallman on 4 October 1985 to support the free software movement, which promotes the universal freedom to study, distribute, create, and modify computer software, with the organization's preference for software being distributed under copyleft ("share alike") terms, such as with its own GNU General Public License.
The free-culture movement is a social movement that promotes the freedom to distribute and modify creative works in the form of free content or open content by using the Internet and other forms of media.
Freedom of information is an extension of freedom of speech, a fundamental human right recognized in international law, which is today understood more generally as freedom of expression in any medium, be it orally, in writing, print, through the Internet or through art forms.
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g. a town, region, or country).
Georg Wilhelm Friedrich Hegel (August 27, 1770 – November 14, 1831) was a German philosopher and the most important figure of German idealism.
The GNU General Public License (GNU GPL or GPL) is a widely used free software license, which guarantees end users the freedom to run, study, share and modify the software.
Gnutella (possibly by analogy with the GNU Project) is a large peer-to-peer network.
In economics, goods are materials that satisfy human wants and provide utility, for example, to a consumer making a purchase of a satisfying product.
The hacker culture is a subculture of individuals who enjoy the intellectual challenge of creatively overcoming limitations of software systems to achieve novel and clever outcomes.
Halakha (הֲלָכָה,; also transliterated as halacha, halakhah, halachah or halocho) is the collective body of Jewish religious laws derived from the Written and Oral Torah.
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, December 13, 2013, Stanford Encyclopedia of Philosophy,, Retrieved August 14, 2014 that describe certain standards of human behaviour and are regularly protected as natural and legal rights in municipal and international law.
An idiom (idiom, "special property", from translite, "special feature, special phrasing, a peculiarity", f. translit, "one's own") is a phrase or an expression that has a figurative, or sometimes literal, meaning.
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian.
Industrial property takes a range of forms, these include patents for inventions, industrial designs (aesthetic creations related to the appearance of industrial products), trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition.
Information is any entity or form that provides the answer to a question of some kind or resolves uncertainty.
Information policy is the set of all public laws, regulations and policies that encourage, discourage, or regulate the creation, use, storage, access, and communication and dissemination of information.
An intangible asset is an asset that lacks physical substance or is out of warranty (unlike physical assets such as machinery and buildings) and usually is very hard to evaluate.
Layout designs (topographies) of integrated circuits are a field in the protection of intellectual property.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks.
Intellectual rights (from "droits intellectuels") is a term sometimes used to refer to the legal protection afforded to owners of intellectual capital.
The Internet is the global system of interconnected computer networks that use the Internet protocol suite (TCP/IP) to link devices worldwide.
An invention is a unique or novel device, method, composition or process.
Jörg Baten (born 24 June 1965 in Hamburg) is a German economic historian.
Kazaa Media Desktop (once stylized as "KaZaA", but later usually written "Kazaa") started as a peer-to-peer file sharing application using the FastTrack protocol licensed by Joltid Ltd. and operated as Kazaa by Sharman Networks.
Lester Lawrence "Larry" Lessig III (born June 3, 1961) is an American academic, attorney, and political activist.
The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed by Congress and was signed into law by President Barack Obama on September 16, 2011.
Libertarians have differing opinions on the validity of intellectual property.
Libertarianism (from libertas, meaning "freedom") is a collection of political philosophies and movements that uphold liberty as a core principle.
Limitations and exceptions to copyright are provisions, in local copyright law or Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner.
Lysander Spooner (January 19, 1808 – May 14, 1887) was an American political philosopher, essayist, pamphlet writer, Unitarian, abolitionist, legal theorist, and entrepreneur of the nineteenth century.
Mark A. Lemley (born c. 1966) is currently the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Law School Program in Law, Science & Technology, as well as a founding partner of the law firm of Durie Tangri LLP, which he has been practicing with since 2009.
Michele Boldrin (20 August 1956) is an Italian-born economist, expert in economic growth, business cycles, technological progress and intellectual property.
The Monthly Review (1749–1845) was an English periodical founded by Ralph Griffiths, a Nonconformist bookseller.
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.
The Motion Picture Association of America (MPAA) is an American trade association representing the six major film studios of Hollywood.
Nanotechnology ("nanotech") is manipulation of matter on an atomic, molecular, and supramolecular scale.
Napster is the name given to three music-focused online services.
Newspeak is the language of Oceania, a fictional totalitarian state ruled by the Party, who created the language to meet the ideological requirements of English Socialism (Ingsoc).
The North German Confederation (Norddeutscher Bund) was the German federal state which existed from July 1867 to December 1870.
An orphan work is a copyright protected work for which rightsholders are positively indeterminate or uncontactable.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties.
A patent is a set of exclusive rights granted by a sovereign state or intergovernmental organization to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application.
A patent thicket carries a negative connotation and is best described as "a dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology," or, in other words, "an overlapping set of patent rights” which requires innovators to reach licensing deals for multiple patents from multiple sources." The expression may come from SCM Corp.
A pattern is a discernible regularity in the world or in a manmade design.
Pension Led Funding (PLF) is a financial services product offered in the United Kingdom (UK) that raises funds for businesses based upon the use of pension benefits accrued by owners or directors of the business they control.
Professor Peter Drahos is an Australian academic and researcher specializing in the areas of intellectual property and global business regulation amongst others.
Pierre Moscovici (born 16 September 1957) is a French politician currently serving as the European Commissioner for Economic and Financial Affairs, Taxation and Customs.
Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years.
Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing.
The public domain consists of all the creative works to which no exclusive intellectual property rights apply.
The Recording Industry Association of America (RIAA) is a trade organization that represents the recording industry in the United States.
Research and development (R&D, R+D, or R'n'D), also known in Europe as research and technological development (RTD), refers to innovative activities undertaken by corporations or governments in developing new services or products, or improving existing services or products.
Richard Matthew Stallman (born March 16, 1953), often known by his initials, rms—is an American free software movement activist and programmer.
Rick Falkvinge (born Dick Greger Augustsson on 21 January 1972) is a Swedish information technology entrepreneur and founder of the Swedish Pirate Party.
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.
The Royal Society for the Encouragement of Arts, Manufactures and Commerce (RSA) is a London-based, British organisation committed to finding practical solutions to social challenges.
A royalty is a payment made by one party, the licensee or franchisee to another that owns a particular asset, the licensor or franchisor for the right to ongoing use of that asset.
A safe harbor is a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule.
In economics, a service is a transaction in which no physical goods are transferred from the seller to the buyer.
In semiotics, a sign is anything that communicates a meaning that is not the sign itself to the interpreter of the sign.
Siva Vaidhyanathan (born 1966) is a cultural historian and media scholar and is a professor of Media Studies at the University of Virginia.
A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm.
The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), is an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties.
The Statute of Monopolies was an Act of the Parliament of England notable as the first statutory expression of English patent law.
Norman Stephan Kinsella (born 1965) is an American intellectual property lawyer, author, and deontological anarcho-capitalist.
Sui generis is a Latin phrase that means "of its (his, her, their) own kind; in a class by itself; unique." A number of disciplines use the term to refer to unique entities.
A sui generis database right is considered to be a property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright.
In the European Economic Area (European Union member countries, Iceland, Liechtenstein and Norway), a supplementary protection certificate (SPC) is a sui generis intellectual property (IP) right that extends the duration of certain rights associated with a patent.
Sybaris (Σύβαρις; Sibari) was an important city of Magna Graecia.
The Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018,, is a congressional revenue act originally introduced in Congress as the Tax Cuts and Jobs Act (TCJA), that amended the Internal Revenue Code of 1986.
Tax inversion, or corporate inversion, is the practice of relocating a corporation's legal domicile to a lower-tax country, while retaining its material operations (including management, functional headquarters and majority shareholders) in its higher-tax country of origin.
Techdirt is an internet blog that reports on technology's legal challenges and related business and economic policy issues, in context of the digital revolution.
The Guardian is a British daily newspaper.
Thomas Jefferson (April 13, [O.S. April 2] 1743 – July 4, 1826) was an American Founding Father who was the principal author of the Declaration of Independence and later served as the third president of the United States from 1801 to 1809.
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers.
A trademark, trade mark, or trade-markThe styling of trademark as a single word is predominantly used in the United States and Philippines only, while the two-word styling trade mark is used in many other countries around the world, including the European Union and Commonwealth and ex-Commonwealth jurisdictions (although Canada officially uses "trade-mark" pursuant to the Trade-mark Act, "trade mark" and "trademark" are also commonly used).
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO).
The Uniform Trade Secrets Act (UTSA), published by the Uniform Law Commission (ULC) in 1979 and amended in 1985, is a Uniform Act promulgated for adoption by states in the United States.
The United International Bureaux for the Protection of Intellectual Property (BIRPI) was an international organization.
The United Nations (UN) is an intergovernmental organization tasked to promote international cooperation and to create and maintain international order.
The (UNU), established in 1973, is the academic and research arm of the United Nations.
The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France.
In business, the difference between the sale price and the production cost of a product is the unit profit.
The WIPO Convention (formally, the Convention establishing the World Intellectual Property Organization) is the multilateral treaty that established the World Intellectual Property Organization (WIPO).
A withholding tax, or a retention tax, is an income tax to be paid to the government by the payer of the income rather than by the recipient of the income.
The World Intellectual Property Organization (WIPO) is one of the 15 specialized agencies of the United Nations (UN).
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