The Importance of Being First:Economic and Non-economic Dimensions of Inventorship in American and German Law

This Article examines the right to be acknowledged as the first inventor of a new technology in patent law. Technological inventions usually result from cumulative research and development, and several people sometimes arrive at the same invention almost simultaneously. However, only one person is usually considered to be the “inventor, ” and receives all the credit and honor. This Article focuses on the legal systems of Germany and the United States, comparing how they conceptualize the right to be seen as inventor. These systems have developed in substantially different philosophical and cultural climates: while the German legal system has been deeply influenced by Kantian and Hegelian thought, the American legal system has been inspired more strongly by liberal and utilitarian ideas. These two schools of philosophical thought have different perspectives on the relationship between personal identity and work; while the German tradition emphasizes the deeply personal relation between individuals and their work, the Anglo-Saxon approach is, in general, more instrumentalist and utilitarian with regard to work. One way in which these differences express themselves is the different ways in which the right to be acknowledged as the first inventor is understood and regulated. The right to be acknowledged as the first inventor is deeply connected with one's identity as a professional, whether an engineer, technician, or scientist. On the other hand, this right does not necessarily have pecuniary significance. Hence, the protection of the right to be considered as the first inventor allows a glimpse into the different visions of identity and work found in these legal systems. This Article examines to what extent German and American legal systems recognize and protect the right to be perceived as the first inventor. It demonstrates that the two legal systems differ profoundly in the ways they perceive and protect the right to be considered as the first inventor. True to its visions of professional dignity, German law carefully protects this right, independently from any pecuniary interests. In contrast, American law grants a remarkably weak protection to the right to be considered as the first inventor, focusing primarily on its monetary aspects. Hence, one can here discover different visions of the role of individuals in society, and specifically of the role of individuals as creators and not just consumers. What is at stake here is whether questions of honor, dignity, and symbolic property, above and beyond material benefits, are recognized as playing a role in the economic system.</p

Urban Semantics through Law and Photography

The visual design of urban public spaces (hereinafter “cityscape”) has an important impact on city life – it can channel interpersonal communication into certain directions while excluding others; it can powerfully communicate notions of what is socially acceptable or important. Yet, while everyone may access urban public spaces, cityscapes are designed by a very limited social group. This paper focuses on the narratives embedded in the cityscapes. Analyzing legal conflicts arising around expressions that seek their way into the shared visual environment, as well as expressions whose presence in the cityscapes is disputed, we trace the dynamics of battles over urban narratives. The discussion of legal rules is complemented by photographs. Rather than illustrating the text, the photographs will relate to the discussed topics in their own way, enriching the discussion and broadening its perspective

Brand Fetishism

This Article focuses on “brand fetishism”—the phenomenon of perceiving trademarks as spiritual entities rather than as informational devices. Modern corporations strive to create brands with personalities and souls, brands that tug at consumers’ heartstrings. Meanwhile, trademark law is intended to protect trademarks as informational tools reducing consumers’ search costs. This Article examines this dissonance between trademark law rationales and the current use of the corporate trademark. Research demonstrates that emotional branding results in mistaken quality judgments and hinders rational purchasing decisions by consumers, thereby distorting market competition. Therefore, this Article proposes that trademark law should serve to discourage brand fetishism, and should act to restore the original informative function of trademarks. Yet, as this Article demonstrates, trademark law in practice supports and encourages brand fetishism. This Article surveys the various doctrines in trademark law that, deliberately or not, result in this undesirable outcome, and suggests subsequent changes

Brand Fetishism

This Article focuses on “brand fetishism”—the phenomenon of perceiving trademarks as spiritual entities rather than as informational devices. Modern corporations strive to create brands with personalities and souls, brands that tug at consumers’ heartstrings. Meanwhile, trademark law is intended to protect trademarks as informational tools reducing consumers’ search costs. This Article examines this dissonance between trademark law rationales and the current use of the corporate trademark. Research demonstrates that emotional branding results in mistaken quality judgments and hinders rational purchasing decisions by consumers, thereby distorting market competition. Therefore, this Article proposes that trademark law should serve to discourage brand fetishism, and should act to restore the original informative function of trademarks. Yet, as this Article demonstrates, trademark law in practice supports and encourages brand fetishism. This Article surveys the various doctrines in trademark law that, deliberately or not, result in this undesirable outcome, and suggests subsequent changes

Reading the Illegible: Can Law Understand Graffiti?

This essay focuses on graffiti—the practice of illegal writing and painting on trains, walls, bridges, and other publicly visible surfaces. Social responses to graffiti are highly ambivalent. On the one hand, media often picture graffiti painters as “vandals” and “hooligans.” Local authorities define graffiti as an “epidemic” and declare “wars on graffiti.” On the other hand, graffiti is recognized as a valuable form of art, exhibited in mainstream museums sold for high prices. Reflecting the ambivalent social attitude, the legal treatment of graffiti is highly uneven, punishing some graffiti writers for vandalism while granting copyright protection to others. Scholars have made various suggestions regarding the legal regulation of graffiti, ranging from toughening the criminal sanctions to providing more legalized spaces and art programs for the painters. Yet to date, no attempt has been undertaken to understand the dissenting message of graffiti and to consider an adequate legal response to this message. As Jean Baudrillard suggested, the subtle message of graffiti “must be heard and understood.” Doing this, in the legal sphere, is the central goal of this essay. Instead of suppressing or manipulating graffiti, we propose to answer its message with redefining the boundaries of physical property so as to restrict owners’ control over surfaces that shape our urban landscape. These surfaces will then be used as a medium of free visual expression, creating a public “forum” in its classical sense: a place of discussion, opinion exchange, and purely aesthetic expression

Reading the Illegible: Can Law Understand Graffiti?

This essay focuses on graffiti—the practice of illegal writing and painting on trains, walls, bridges, and other publicly visible surfaces. Social responses to graffiti are highly ambivalent. On the one hand, media often picture graffiti painters as “vandals” and “hooligans.” Local authorities define graffiti as an “epidemic” and declare “wars on graffiti.” On the other hand, graffiti is recognized as a valuable form of art, exhibited in mainstream museums sold for high prices. Reflecting the ambivalent social attitude, the legal treatment of graffiti is highly uneven, punishing some graffiti writers for vandalism while granting copyright protection to others. Scholars have made various suggestions regarding the legal regulation of graffiti, ranging from toughening the criminal sanctions to providing more legalized spaces and art programs for the painters. Yet to date, no attempt has been undertaken to understand the dissenting message of graffiti and to consider an adequate legal response to this message. As Jean Baudrillard suggested, the subtle message of graffiti “must be heard and understood.” Doing this, in the legal sphere, is the central goal of this essay. Instead of suppressing or manipulating graffiti, we propose to answer its message with redefining the boundaries of physical property so as to restrict owners’ control over surfaces that shape our urban landscape. These surfaces will then be used as a medium of free visual expression, creating a public “forum” in its classical sense: a place of discussion, opinion exchange, and purely aesthetic expression

Crystallization of Coccolith Calcite at Different Life-Cycle Phases Exhibits Distinct Degrees of Cellular Confinement

Coccolithophores are a group of unicellular marine algae that shape global geochemical cycles via the production of calcium carbonate crystals. Interestingly, different life-cycle phases of the same coccolithophore species produce very different calcitic scales, called coccoliths. In the widely studied diploid phase, the crystals have anisotropic and complex morphologies, while haploid cells produce coccoliths consisting solely of calcite crystals with simple rhombohedral morphology. Understanding how these two life-cycle phases control crystallization is a highly sought-after goal, yet, haploid phase crystallization has rarely been studied, and the process by which they form is unknown. Herein, advanced electron microscopy is employed to elucidate the cellular architecture of the calcification process in haploid cells. The results show that in contrast to diploid-phase calcification, the coccolith-forming vesicle of haploid-phase cells is voluminous. In this solution-like environment, the crystals nucleate and grow asynchronously in a process that resembles calcite growth in bulk solution, leading to the simple morphologies of the crystals. The two distinct mineralization regimes of coccolithophore life-cycle phases suggest that cellular architecture, and specifically confinement of the crystallization process, is a pivotal determinant of biomineral morphology and assembly