Martin Senftleben's Books

The Copyright / Trademark Interface

How the Expansion of Trademark Protection Is Stifling Cultural Creativity

By: Martin Senftleben

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The Copyright / Trademark Interface

How the Expansion of Trademark Protection Is Stifling Cultural Creativity

By: Martin Senftleben

The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.

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Page Count

673

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9403523719

ISBN 13

9789403523712

Copyright, Limitations, and the Three-step Test

An Analysis of the Three-step Test in International and EC Copyright Law

By: Martin Senftleben

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Copyright, Limitations, and the Three-step Test

An Analysis of the Three-step Test in International and EC Copyright Law

By: Martin Senftleben

The book includes: viable restatements of the rationales of copyright protection for the emerging IP environment; new insights into the relationship between copyright protection and copyright limitations; in-depth explanation of the structure and functioning of the three-step test; detailed interpretations of each criterion of the test; discussion of the two WTO panelreports dealing with the test; a proposal for the further improvement of the copyright system and the international rules governing copyright law; detailed information about international conference material concerning the test; and discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test's impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test's role in the European Copyright Directive.

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Page Count

358

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041122672

ISBN 13

9789041122674

Principles of the Digital Services Act

By: Martin Husovec

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Principles of the Digital Services Act

By: Martin Husovec

Numerous questions were at the heart of parliamentary discussions over the provisions of the Digital Services Act (DSA), the EU's new regulatory framework for digital services in Europe. How should liberal democracies prevent illegal and harmful activities online and protect fundamental rights? How should digital service providers assess the impact of their technology on others? And how should technology companies moderate user-generated content? Principles of the Digital Services Act analyses the DSA's key provisions, dissecting its mechanisms and components, to understand the new law's likely impact on digital services in Europe and beyond. The book puts the new legal framework into its political, economic, and social contexts by explaining its grounding within the frameworks of economic regulation and human rights. It examines the European legislature's approach to the DSA, offering a detailed historical account of the legislative and pre-legislative process. The book argues that the envisaged regulatory system has the potential to boost trust in the digital environment. However, its mechanisms must be able to rely on the robust network of civil society organisations and the regulators should follow a set of principles. In this way, the DSA's goal can be achieved through means that are firmly aligned with respect for individual liberties, including the freedom of expression. Combining academic research with practical insights, Principles of the Digital Services Act offers a robust analysis into how to apply and further develop the most important tools of the DSA to rebuild trust in the digital environment.

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Page Count

513

Publisher

Oxford University Press

Published Date

ISBN 10

0192882473

ISBN 13

9780192882479

Molecular and Cellular Signaling

By: Martin Beckerman

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Molecular and Cellular Signaling

By: Martin Beckerman

Makes connections between diseases, drugs and signaling in those chapters not specifically devoted to pathogens. Reviews background in first 5 chapters then offers chapters on cancers and apoptosis and on bacteria and viruses. Signaling in the immune, endocrine (hormonal) and nervous systems covered along with cancer, apoptosis and gene regulation. Each chapter ends with a problem section to facilitate discussion.

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Page Count

592

Publisher

Springer Science & Business Media

Published Date

ISBN 10

0387260153

ISBN 13

9780387260150

Paul's Fundamental Immunology

By: Martin Flajnik

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Paul's Fundamental Immunology

By: Martin Flajnik

Selected as a Doody's Core Title for 2022! Defining the field of immunology for 40 years, Paul’s Fundamental Immunology continues to provide detailed, authoritative, up-to-date information that uniquely bridges the gap between basic immunology and the disease process. The fully revised 8th edition maintains the excellence established by Dr. William E. Paul, who passed away in 2015, and is now under new editorial leadership of Drs. Martin F. Flajnik, Nevil J. Singh, and Steven M. Holland. It’s an ideal reference and gold standard text for graduate students, post-doctoral fellows, basic and clinical immunologists, microbiologists and infectious disease physicians, and any physician treating diseases in which immunologic mechanisms play a role.

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Page Count

3597

Publisher

Lippincott Williams & Wilkins

Published Date

ISBN 10

1975142527

ISBN 13

9781975142520

Big Copyright Versus the People

How Major Content Providers Are Destroying Creativity and How to Stop Them

By: Martin Skladany

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Big Copyright Versus the People

How Major Content Providers Are Destroying Creativity and How to Stop Them

By: Martin Skladany

When the idea of copyright was enshrined in the Constitution it was intended to induce citizens to create. Today, however, copyright has morphed into a system that offers the bulk of its protection to a select number of major corporate content providers (or Big Copyright), which has turned us from a country of creators into one of consumers who spend, on average, ten hours each day on entertainment. In this alarming but illuminating book, Martin Skladany examines our culture of overconsumption and shows not only how it leads to addiction, but also how it is unraveling important threads - of family, friendship, and community - in our society. Big Copyright versus the People should be read by anyone interested in understanding how Big Copyright managed to get such a lethal grip on our culture and what can be done to loosen it.

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Page Count

290

Publisher

Cambridge University Press

Published Date

ISBN 10

1108245935

ISBN 13

9781108245937

Bibliography on Land-locked States, Economic Development and International Law

By: Martin Ira Glassner

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Bibliography on Land-locked States, Economic Development and International Law

By: Martin Ira Glassner

Now fully revised and expanded, this is the only available bibliography on the subject of "land-lockedness" and its effects on economic development. Reflecting its expanded title, this new edition includes not only updated information on the plight of land-locked countries, but also their current levels of economic development and their role in international law, such as the International Law of the Sea, Kyoto Protocol on Greenhouse Gas Emissions, and international pipeline agreements. The volume lists thousands of primary and secondary source materials for research, including books, monographs, journals, governmental reports, NGO publications, and unpublished materials. The book is truly international in scope, with listings in 29 languages.

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Page Count

435

Publisher

Routledge

Published Date

ISBN 10

1315499835

ISBN 13

9781315499833

Radiology Today 4

By: Friedrich H. W. Heuck,Martin W. Donner

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Radiology Today 4

By: Friedrich H. W. Heuck,Martin W. Donner

The biennial symposium 'Radiology Today' continues its original mission to bring together European and American radiologists to discuss advances in the field. This volume presents material by well-known experts in cardiovascular and skeletal radiology. Its aim is to provide an overview of each major topic, trends in clinical development, and current interests in research. The future holds much promise for cardiovascular and skeletal radiology, primarily because of new techniques and procedures, but also because of the development of imaginative approaches to clinical problems. Ideas are born on both sides of the Atlantic, and we believe that it is important to ensure a rapid exchange of new information and to determine how it fits into today's medical care, keeping in mind the quality of patients' care, their safety and comfort, as well as cost. The traditional role of radiologists as consultants has increased greatly over time, with new responsibilities being continuously added. We radiologists are challenged to determine the diagnostic pathway appropriate to each patient. To arrive at the diagnosis quickly, safely, and at the lowest possible cost is as important as our participation in determining the patient's management. Some therapeutic procedures are even carried out by diagnostic radiol ogists themselves, employing ultrasound, computed tomography, or fluoroscopy and intracavitary catheters. Abscesses can be drained, and blood vessels dilated or blocked. In diagnosis and therapy, events are moving quickly, and advances are made at a rapid pace.

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Page Count

326

Publisher

Springer Science & Business Media

Published Date

ISBN 10

3642712851

ISBN 13

9783642712852

The Copyright / Trademark Interface

How the Expansion of Trademark Protection Is Stifling Cultural Creativity

By: Martin Senftleben

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The Copyright / Trademark Interface

How the Expansion of Trademark Protection Is Stifling Cultural Creativity

By: Martin Senftleben

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Solve jigsaw puzzle

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Page Count

673

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9403523719

ISBN 13

9789403523712

Copyright, Limitations, and the Three-step Test

An Analysis of the Three-step Test in International and EC Copyright Law

By: Martin Senftleben

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Copyright, Limitations, and the Three-step Test

An Analysis of the Three-step Test in International and EC Copyright Law

By: Martin Senftleben

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Solve jigsaw puzzle

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Page Count

358

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041122672

ISBN 13

9789041122674

Book's by Martin Senftleben

The Copyright / Trademark Interface

The Copyright / Trademark Interface

Copyright, Limitations, and the Three-step Test

Copyright, Limitations, and the Three-step Test

Principles of the Digital Services Act

Principles of the Digital Services Act

Molecular and Cellular Signaling

Molecular and Cellular Signaling

Paul's Fundamental Immunology

Paul's Fundamental Immunology

Big Copyright Versus the People

Big Copyright Versus the People

Bibliography on Land-locked States, Economic Development and International Law

Bibliography on Land-locked States, Economic Development and International Law

Radiology Today 4

Radiology Today 4

The Copyright / Trademark Interface

The Copyright / Trademark Interface

Copyright, Limitations, and the Three-step Test

Copyright, Limitations, and the Three-step Test

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