In this article, the categories of literary, dramatic, musical and artistic (LDMA) works in which copyright subsists are considered, and an argument made that the legislature’s division of protected works into categories is appropriate given the psychology of art appreciation, and the fact that in order to perceive a work qua work one must perceive it in relation to a category of work. Nonetheless, an argument is also made that the statutory definitions of LDMA works suffer from the defects of (...) formalist theory. Those defects are outlined, and an alternative theory of works proposed, drawing on the scholarship of art theorist Kendall Walton and the intentional, historical view of the work developed in a recent publication (J Pila, ‘An Intentional View of the Copyright Work’ (2008) 71 MLR 535–58). According to that theory, LDMA works are constituted in part by their properties of form and in part by the history of their individual production. Consistent with this, the statutory categories of work are cast as denoting authorial traditions: evolving practices of LDMA expression that exist and are experienced in a particular social context. In addition to its general explanatory and normative value for copyright, this theory has specific implications for the legislature’s expression of the categories of works in which copyright subsists. (shrink)

In this essay I consider the role of authorship in balancing epistemological trust and skepticism in e-science. Drawing on studies of the diagnostic practices of doctors in British breast care units and the gate-keeping practices of a Californian publisher of horticultural works, I suggest that conventions of authorial designation have an important role to play in nurturing the skepticism essential for scientific rigor within the framework of epistemological trust that pragmatism and morality require. In so doing I question the assumption (...) of contemporary scholars that scientific works are determinate in fact, while nonetheless supporting the idea of semi-indeterminate authorship as a goal. I then consider the theoretical and practical consequences of that view with an analysis of the Anglo-American legal constraints on attributions of authorship, and the complex of other relevant interests and rights that may require different models of attribution oriented not around authors themselves, but rather their employer, their manager or supervisor, or some pseudonym deemed to be an appropriate organizing mechanism for the works in question. (shrink)

Recent events in the United Kingdom have focused attention on the protection at law of academic freedom. Institutional academic freedom may be defined as the freedom of a university to determine its scholarly agenda and system of governance, notwithstanding dependence on external support. Individual academic freedom may be similarly defined as the freedom of individual university members to determine their own scholarly agenda, including how to pursue and present their research, notwithstanding dependence on institutional support. While such freedoms sit in (...) tension, they share a basis in the liberal ideal of the pursuit of truth through teaching, discussion and scholarly research. (shrink)

Generics (UK) Ltd v Lundbeck A/S [2009] UKHL 12 is about the validity of patents for chemical products. It is also about the object of patent protection, and the balance struck by the patent system between the interests of the public and individual inventors. Finally, it is about the development of UK patent law in the era of the Convention on the Grant of European Patents (1973) 13 I.L.M. 268 (European Patent Convention).

Law exists among other things to facilitate social interaction by creating the conditions necessary to enable people to trust each other sufficiently to interact. To that end it is part of a complex web of social mechanisms, variations in any part of which produce ripple effects in all others.

Nine schedules programmes for broadcast by free-to-air television stations. It creates Weekly Schedules of broadcast-related information, including “time and title” information.

This paper responds to an invitation by the editors to consider whether the intellectual property regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK (...) law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same. (shrink)

The term “patent” is an abbreviation of “letters patent”, the open form of document historically issued by the Crown for the purpose of conferring a right or privilege or otherwise communicating the royal will. In contemporary law it denotes the species of intellectual property that is granted as an inducement for the creation and disclosure of novel, inventive and industrially applicable inventions. In the UK that property is conferred under the Patents Act 1977, or with similar effect the European Patent (...) Convention (EPC), and comprises the exclusive right to use and sell a protected invention for up to 20 years. A protected invention may be any subject matter having technical character; a definition derived from the Act’s express exclusion from patentability of (among other things) discoveries, scientific theories, business methods and computer programs “as such”. Also excluded are surgical, therapeutic and diagnostic methods (for lack of industrial applicability), and inventions the commercial exploitation of which would be contrary to public policy or morality. In these and other respects the Patents Act follows the EPC, which it was the explicit purpose of that Act to implement. Patents are territorial, and are thus only valid and infringed in their country of issue. For a UK inventor to obtain protection outside the UK s/he must therefore obtain a patent from that country, either directly by applying under its laws, or if it is a party to the EPC or other intergovernmental agreement, indirectly by applying under that agreement. Inventors seeking protection for an invention in more than one country will often do so by means of the Patent Cooperation Treaty. (shrink)

A patent agent is a person with recognised expertise in the field of intellectual property generally and patents specifically. In the UK patent agents form an elite professional community, membership of which is denoted by inclusion on the Register of Patent Agents. The Register exists under statute and is maintained by The Chartered Institute of Patent Attorneys (CIPA), a body empowered by royal charter of which most patent agents are also members.

In March 2010, a United States (U.S.) District Court held that isolated human genes are “products of nature”, and methods of analysis and comparison “abstract mental processes”, for which a U.S. patent cannot validly be granted. Its decision undermined U.S. patent granting practices, and widens the gap between U.S. and European law on what constitutes inherently patentable subject matter (“inventions”), as well as a proportionate patent grant.

This review article offers a European perspective on the pluralistic, principles-based model of intellectual property (IP) advanced by Robert Merges in his book Justifying Intellectual Property. After introducing Merges’s model and theory of IP with reference to IP theories generally, other pluralistic legal models, and patterns of judicial reasoning in the patent and copyright fields, the article argues that European jurisprudence offers broad support for Merges’s operational model of IP, while also challenging certain aspects of his wider analysis. They include (...) his ‘one size fits all’ foundational theory of IP, his account of key IP rules and practices, and his choice and conception of IP’s midlevel principles. Through this critique the article draws attention to the utilitarian bias of Merges’s model; a bias which undermines its pluralistic claims, in part by undermining Merges’s own foundational theory of IP. The result is to underline the limits of a regime unconcerned with its own normative basis, and the need for more rather than less discussion of IP theory, including more work of the type that Merges’s book undertakes. (shrink)

1. Any statutory definition of inherent patentability or other threshold exclusion from patentability should have a clear normative basis. In the case of inherent patentability, that basis should relate to the patent system’s aim of encouraging and rewarding inventive activity for the benefit of society.

The European Patent Convention (EPC) establishes “a system of law, common to the Contracting States, for the grant of patents for inventions” (article 1) and an organisation, the European Patent Organisation, to administer it. A patent granted under the EPC is called a European patent but takes effect as a bundle of national patents under the laws of the Contracting States in which protection is sought.

The Patent Cooperation Treaty (PCT) is an international treaty that was concluded in 1970 as a special agreement under the 1883 Paris Convention for the Protection of Industrial Property. It establishes an international system for the filing and examination of patent applications and the conduct of “prior art” (technical literature) searches that is administered by a network of national and regional patent offices acting as Receiving Offices, International Searching Authorities and/or International Preliminary Examining Authorities. Its specific purpose is to help (...) inventors obtain a patent for the same invention in two or more PCT countries by allowing them to assert their claim internationally have it subjected to preliminary assessment before committing to one or more local applications. It thus reduces the risk of wasted expenditure by enabling an applicant to postpone the decision to pursue an application to grant until confident of its success. By creating a series of pre-grant procedures with recognised validity in each of the PCT’s nearly 140 countries, it also provides a basis for the harmonisation of patentability standards and facilitates the move toward the creation of an international patent. (shrink)

The purpose of the patent system is to provide incentives for the development of new and useful products and processes. Such products and processes are generally referred to as ‘inventions’. Whilst patents have historically been sought and granted for mechanical and chemical inventions only, the biotechnology revolution of the last 30 years has radically changed this by precipitating a mass of patent applications in respect of living and biological matter. Applications of this nature have forced a re-examination by courts and (...) policy makers of traditional understandings of what can be patented. In particular, they have forced consideration of the extent (if any) to which life and nature can be viewed as ‘inventions’ so as to be capable of supporting a patent. In considering this question the central guiding principle has been the distinction, on which all of patent law is said to rest, between man-made inventions on the one hand and discoveries of nature on the other. (shrink)

In a recent paper, Pila has criticised the recommendations made by requirements engineers involved in the design of a grid technology for the support of distributed readings of mammograms made by Jirotka et al. The disagreement between them turns on the notion of ‘biographical familiarity’ and whether it can be a sound basis for trust for the performances of professionals such as radiologists. In the first two sections, the paper gives an interpretation of the position of each side in (...) this disagreement and their recommendation for the design of technology for distributed reading, and in the third the underlying reasons for this disagreement are discussed. It is argued that Pila, in attempting to make room for mistrust as well as trust, brings to the fore the question of having and reflecting upon reasons for trust or mistrust. Pila holds that biographical familiarity is not a sound reason for trust/mistrust, as it seems to obliterate the possibility of mistrust. In response to her proposal, an analysis is proposed of the forms of trust involved in biographical familiarity. In particular, implicit trust is focused upon, as a form of trust in advance of reasons, and as a form of trust contained within other reasons. It is proposed that implicit trust has an important role in establishing an intersubjectively shared world in which what counts as a reason for the acceptability of performances such as readings of x-rays is established. Implicit trust, therefore, is necessary for professionals to enter into a ‘space of reasons’. To insist upon judgements made in the absence of the form of implicit trust at play in biographical familiarity is to demand that radiologists make judgements regarding whether to trust or mistrust on the basis of reasons capable of being reflected upon, but at the same time to leave them without reasons upon which to reflect. (shrink)

In this issue, Pila (2009) has criticised the recommendations made by requirements engineers involved in the design of a grid technology for the support of distributed readings of mammograms made by Jirotka et al. (2005). The disagreement between them turns on the notion of “biographical familiarity” and whether it can be a sound basis for trust for the performances of professionals such as radiologists. In the first two sections, this paper gives an interpretation of the position of each side (...) in this disagreement and their recommendation for the design of technology for distributed reading, and in the third the underlying reasons for this disagreement are discussed. It is argued that Pila, in attempting to make room for mistrust as well as trust, brings to the fore the question of having and reflecting upon reasons for trust or mistrust. Pila holds that biographical familiarity is not a sound reason for trust/mistrust, as it seems to obliterate the possibility of mistrust. In response to her proposal, an analysis is proposed of the forms of trust involved in biographical familiarity. In particular, implicit trust is focused upon—as a form of trust in advance of reasons, and as a form of trust contained (in the logical sense) within other reasons. It is proposed that implicit trust has an important role in establishing an intersubjectively shared world in which what counts as a reason for the acceptability of performances such as readings of X-rays is established. Implicit trust, therefore, is necessary for professionals to enter into a “space of reasons”. To insist upon judgements made in the absence of the form of implicit trust at play in biographical familiarity is to demand that radiologists (and other relevantly similar professionals) make judgements regarding whether to trust or mistrust on the basis of reasons capable of being reflected upon, but at the same time leave them without reasons upon which to reflect. (shrink)

Cet article a pour objectif d’exposer les potentialités d’adaptation de la théorie de l’interpellation d’Althusser à un cadre phénoménologique, et ce à l’aide de ses récupérations par Judith Butler et Sara Ahmed. Non seulement leurs écrits aident à pallier plusieurs critiques émises à l’égard de la théorie althussérienne de l’idéologie – notamment son déterminisme latent et son universalisation du sujet –, mais ils nous aident aussi à mieux comprendre comment l’idéologie fonctionne au niveau du corps marginalisé. En effet, l’idéologie agit (...) comme une orientation discursive et corporelle du sujet dans le monde, et ce en limitant son espace, sa temporalité et les objets lui étant accessibles. En liant interpellation et corps, il nous sera également possible de pousser la théorie de l’émancipation butlérienne vers une performativité corporelle ayant pour objet le corps vécu. À cet effet, nous soulignerons que les écrits d’Ahmed sur l’interpellation bonifient ceux de Butler, car ils ouvrent la porte vers une résistance à l’idéologie ancrée dans le corps via le concept de désorientation. Bien que la désorientation puisse servir de mécanisme d’assujettissement, elle peut également, selon certaines phénoménologues, créer de nouvelles voies d’émancipation (et possibilités) pour le sujet marginalisé. (shrink)

After nearly three decades of scientific research, digital mental health (DMH) is having its moment. Millions of dollars of venture capital funding are entering this space (Shah and Berry 2021; Wan...

Bodily display and self-awareness are generally mediated by restrictive ideologies of youthful beauty. ‘How do I look?’ is therefore a salient question in terms of personal ageing. Dance makes bodies watchable, while ageing has been claimed to make bodies ‘unwatchable’. Ethnographic research conducted amongst a group of older dancers provides an opportunity to study these ideological tensions empirically, by analysing the discursive representations of older dancers and their teacher. ‘The mirror’ is a productive theme in the data, giving access to (...) understandings of watchability of more and less literal sorts. It proves to be the case that, while dance as a practice for older women remains fitfully tainted by culturally dominant ageist assumptions about the body and ageing, it also opens up far more emancipating ideologies. Older dancers’ articulation of these ideologies are suggestive of how embodied ageing can be reconstrued, well beyond dance contexts. (shrink)

Developing and implementing a meaningful code of conduct by managers or consultants may require a change in orientation that modifies the way these precepts are determined. The position advocated herein is for a different approach to understanding and organizing the guiding parameters of the firm that requires individual reflection and empowerment of the entire organization to advance their shared values. The processes involved are discussed using four discrete stages that move from the personal to the work team and to the (...) unit to the full company, followed by the board of directors’ evaluation. The hoped-for end product is dynamic, employee-driven, codes of conduct that recognize the systemic and far-reaching impact of organizational activities across internal and external stakeholders. Operational details for and some issues associated with its implementation are also provided. (shrink)

Millikan and Her Critics offers a unique critical discussion of Ruth Millikan's highly regarded, influential, and systematic contributions to philosophy of mind and language, philosophy of biology, epistemology, and metaphysics. These newly written contributions present discussion from some of the most important philosophers in the field today and include replies from Millikan herself.

The concept of `the granny' is not uncommon in British media texts, in a range of stereotyped representations of older women and in (sometimes playful, sometimes serious) invocations of the grandmother role. `Granny parties' are one genre of recreational social event where young people dress up as grannies. In this paper I bring together data from the media and from an ethnographic study of granny parties in order to assess the age-political and ideological significance of `granny' in these very different (...) contexts. In both cases, representations and performances prove to be fashioned dialectically, in relation to normative assumptions about grannies as conservative, passive and out-dated characters. Despite the ludic frames of many representations, it isargued that the granny concept recycles restrictive ideological values for gendered ageing. (shrink)

In this paper we consider the prospects for an account of good argument that takes the character of the arguer into consideration. We conclude that although there is much to be gained by identifying the virtues of the good arguer and by considering the ways in which these virtues can be developed in ourselves and in others, virtue argumentation theory does not offer a plausible alternative definition of good argument.

What is the hallmark of success in human–agent interaction? In animation and robotics, many have concentrated on the looks of the agent — whether the appearance is realistic or lifelike. We present an alternative benchmark that lies in the dyad and not the agent alone: Does the agent’s behavior evoke intersubjectivity from the user? That is, in both conscious and unconscious communication, do users react to behaviorally realistic agents in the same way they react to other humans? Do users appear (...) to attribute similar thoughts and actions? We discuss why we distinguish between appearance and behavior, why we use the benchmark of intersubjectivity, our methodology for applying this benchmark to embodied conversational agents, and why we believe this benchmark should be applied to human–robot interaction. (shrink)

Contemporary consumer culture sees the body as the crucial indicator of the self and apparent bodily ageing as problematic. All bodies age, but how is evidence of ageing culturally interpreted? This article develops a critical-pragmatic analysis of consumerized body discourses, with particular focus on the semiotics of the visibly ageing face, in the context of lifestyle magazine features and advertisements on skin care. Such texts work to equate ageing with the look of ageing, problematize ageing appearance, and offer marketized solutions (...) to the ‘problem’ of ageing, using markedly gendered strategies. Texts aimed at a female market project skin care as a serious issue, pathologize the look of ageing, offer highly technologized solutions, and naturalize surgical intervention. The male market is being discursively engaged by strategies designed to normalize male investment in products and processes traditionally seen as in the domain of female bodily grooming. Consumerized male narcissism is enabled by ironic, ‘uncommitted’ discourses, the use of highly masculinized images and text, and, more recently, discourses which draw attention to the salience of the female appraising gaze. (shrink)

Killing a sleeping person is a popular motif in world literature and can be found already in the Iliad, with the murder of the sleeping Rhesus. The present paper surveys the motif of killing a sleeper in Greek and Roman literature and in iconography, where the dastardliness of the deed is clearly accentuated. The sleeping chamber was hard for outsiders to access, for which reason this method of killing was prioritised by certain groups, such as slaves and women. In the (...) same way, both these groups acted as accomplices by allowing the murderer access to the bedroom. In the military sphere, the nocturnal attack is a topos for the immoral military conduct of barbarians. However, the sudden attack on a sleeping army was used also by the Romans in desperate military situations or as an act of reprisal for strategic purposes. Overall, a moral valuation of this method of violence can be confirmed, based on similar motives. (shrink)

Achieving genuine engagement and understanding between communities with radically divergent worldviews is challenging. If there is no common ground on which to stand and have a discussion, the likely outcomes of an apparent intercultural disagreement are a stalemate, or the (sometimes colonialist) imposition of a single worldview, or a kind of relativistic tolerance that falls short of genuine engagement. In this paper, we suggest a way forward that takes as its starting point the philosophical discussion of deep disagreement, using the (...) example of taniwha (powerful water beings that must be treated with respect) to outline a strategy for building intercultural understanding and enabling constructive intercultural dialogue. (shrink)

We examine a special case of inquiry games and give an account of the informational import of asking questions. We focus on yes-or-no questions, which always carry information about the questioner's strategy, but never about the state of Nature, and show how strategic information reduces uncertainty through inferences about other players' goals and strategies. This uncertainty cannot always be captured by information structures of classical game theory. We conclude by discussing the connection with Gricean pragmatics and contextual constraints on interpretation.Send (...) article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.HOW CAN QUESTIONS BE INFORMATIVE BEFORE THEY ARE ANSWERED? STRATEGIC INFORMATION IN INTERROGATIVE GAMESVolume 9, Issue 2Emmanuel J. Genot and Justine JacotDOI: https://doi.org/10.1017/epi.2012.8Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. HOW CAN QUESTIONS BE INFORMATIVE BEFORE THEY ARE ANSWERED? STRATEGIC INFORMATION IN INTERROGATIVE GAMESVolume 9, Issue 2Emmanuel J. Genot and Justine JacotDOI: https://doi.org/10.1017/epi.2012.8Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. HOW CAN QUESTIONS BE INFORMATIVE BEFORE THEY ARE ANSWERED? STRATEGIC INFORMATION IN INTERROGATIVE GAMESVolume 9, Issue 2Emmanuel J. Genot and Justine JacotDOI: https://doi.org/10.1017/epi.2012.8Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

ABSTRACTProfessional associations, once the bodies responsible for professional self-regulation, have lost regulatory power. Some have entered into co-regulatory arrangements with state or independ...

The presentation and paper for this conference go to the heart of the relationship between globalization and poverty worldwide. Data from the United Nations reveal the dramatic increase in exports and imports from 1990 to 2004, along with the uneven economic performance/quality of life across development groupings and geographical regions. Thus, findings suggest the possibility that trade growth has failed expectations that developing countries would rise to greater levels of productivity and subsequendy reduce abject poverty. Nonetheless, the situation is far (...) from hopeless and real progress can occur with a continued movement by transnational corporations toward socially responsible human rights, proactive governmental strategies that support productive dynamism, and removal of public policies that unfairly restrict less developed nations. (shrink)

This chapter contains section titles: Proper Functions Representations: The Basic Teleosemantic Framework Concepts Externalism, Language, and Meaning Rationalism.

Confronted by the multiscaled ecological crisis, many experience so-called ecological emotions such as ecological grief and eco-anxiety. Visual media can channel and contribute to creating and nurturing ecological emotions. Specifically, eco-documentaries are one of the triggers of ecological emotions. This paper explores the role of images in the generation of emotions regarding the environmental crisis through a case study of five contemporary Swiss eco-documentaries: It All Begins, Citizen Nobel, Lynx, Taming the Garden and The Mushroom Speaks. It analyses the ecological (...) emotions expressed by the characters or the filmmakers, or the expected emotions of the viewers, with regard to the types of images and their framing, editing, narrative and attractiveness. Finally, drawing on interdisciplinary literature from environmental humanities, this paper discusses the variety and intertwinement of ecological emotions and their interrelations to knowledge of the ecological crisis and pro-environmental actions. (shrink)

ObjectiveHead and neck cancer treatments are known to significantly affect functionality and appearance, leading to an increased risk for body image disturbances. Yet, few longitudinal studies exist to examine body image in these patients. Based on a conceptual model, the current study aimed to determine, in patients newly diagnosed with HNC: the prevalence, level, and course of body image concerns; correlates of upon cancer diagnosis body image concerns; predictors of immediate post-treatment body image concerns; and association between body image concerns (...) and levels of anxiety, depression, suicidal ideation, support, and alcohol and drug misuse.MethodsTwo hundred and twenty-three, newly diagnosed with a primary HNC were assessed using structured clinical interviews and psychometric measures at three, and 6 months after diagnosis. Primary outcome was 3-month, as it was most salient to body image disturbance. Multiple linear regression analyses were conducted on the potential body image predictors, based on the model.ResultsSixty-eight percent of patients with HNC presented some level of body image concerns. Body image concerns at baseline and post-treatment were significantly related and significantly increased from pre- to post-treatment. Immediately post-treatment, 89% presented some level of body image concerns. Correlates of body image concerns in patients with HNC at baseline included: physical symptom burden, difficulties with communication and eating, coping with the cancer diagnosis using denial, suicidal ideation, and having had a past anxiety diagnosis. When controlling for sociodemographic and medical variables, body image concerns in patients with HNC in the immediate post-treatment were predicted by: baseline body image, physical symptom burden, and neuroticism.ConclusionThis longitudinal study helps identify patients more susceptible to experience body image disturbance following head and neck cancer. Clinicians ought to pay special attention to body image concerns upon cancer diagnosis, physical symptom burden, and neuroticism, and may want to target these factors in future preventive interventions. (shrink)