| Editorials |
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| Special Feature |
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| Peer-reviewed
articles |
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Patent Remedies: Online Management of IP Services
Allan Gordon , Jim Adams , Alexis Barlow , Peter Duncan , John Huntley , Martin Jones, pp.109
This paper was inspired by work currently in progress under a DTI (Department of Trade and Industry) funded KTP (Knowledge Transfer Partnership) Project between Kennedy’s Patent and Glasgow Caledonian University. The project offers a unique opportunity to study the interplay between the firm's business exigencies, and the constantly evolving legal and procedural framework within which the firm operates. The particular focus of the paper is the issues raised by the provision of online legal/quasi-legal services in an ‘e-government’ context.
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Copyright Failure and the Protection for Tables and Compilation
Dennis K W Khong, pp.132-153
Current copyright laws in
all jurisdictions are lacking explicit provisions for protecting
many types of contemporary art. It remains unclear to what extent
ideas should be copyrightable as art, if at all; or whether an
artwork’s commercial nature provides a decisive factor regarding
appropriation. Certain situations seem plainly inappropriate, such
as artists needing to seek legal counsel in conjunction with
creating their artwork: inappropriate in its financial
extravagance and in its inevitable curb on creativity. As such, it
is incumbent upon courts and legislatures to analyze the issue and
to provide guidance. It is the author’s finding that strong moral
rights and a vibrant public domain are not necessarily at odds
with each other, especially when parties are open to
communication. Laws operate to provide structure when parties do
not make other arrangements amongst themselves; contracts between
artists and galleries, artists and publishers, even artists and
other artists may provide the highest degree of satisfaction for
specific parties to a specific situation. Not surprisingly,
parties with legal or business interests in art and parties with
artistic interests in art would communicate better if they
understood each other’s situations. Hopefully the issues will
continue to be the focus of some thought on all platforms such
that informed legal decisions can be made and artists can pursue
and protect their creative productions, no matter their format.
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| Analysis |
- GNU General Public License v3: A Legal Analysis
Andrés Guadamuz González, pp.154-163
This paper offers a first-look legal analysis of the draft version 3 of the GNU General Public License, and will also look at the debate that it has generated in the Free and Open Source community. The paper will answer the following vital questions: Is the GPL v3 different in any fundamental way from GPL v2? What are the main differences? What will be the impact of the new GPL to the problem of software patents? Is there an incompatibility problem with previous versions of the licence? How does it compare with other existing licences?
- The Mystery of Intellectual Capital: A Prospectus
David R Koepsell, pp.164-169
This article analyses the application of data protection legislation to sensitive personal data, particularly to genetic data, and asks whether the present framework may be adequate to respond to the very sensitive issues involved.
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| Book Reviews |
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