From Brand Performance to Consumer Performativity: Assessing European Trade Mark Law after the Rise of Anthropological Marketing

Since the 2009 CJEU decision in L’Oréal v Bellure the idea that a brand's image is the property of the trade mark owner has become increasingly entrenched within European trade mark law. Brand image is now protected even where there is no harm to the underlying mark. However, the courts have largely failed to acknowledge the radical ways in which the marketplace for goods bearing trade marks has changed during the past three decades. One key shift is that businesses and marketers no longer view the brand creation process from a top-down 'brand performance' perspective, but rather via the prisms of 'anthropological marketing' and 'consumer performativity'. By taking an interdisciplinary approach this article dissects this process of brand creation in the context of European trade mark law, and argues that the law must take account of consumer agency when the question of who should own brand image arises

UK Patent Law and Copyright Law After Brexit - Potential Consequences

This paper examines the areas of patent law and copyright law in the context of Britain’s exit from the European Union, or “Brexit.” Although neither area of intellectual property (IP) is fully harmonized, the United Kingdom’s exit from the European Union could nonetheless have a sizable impact on both sets of rights. For patents, Brexit could lead the United Kingdom to diverge from EU principles on biotechnology and supplementary protection certificates, and also puts the United Kingdom’s role in the new Unified Patent Court (UPC) system into doubt. In the area of copyright, the United Kingdom could use Brexit as an opportunity to move away from EU standards, including the key definitions of originality and parody. Ultimately, however, this paper argues that the slogan “take back control” is unlikely to lead to dramatic changes in the IP field. Both the European Union and the United Kingdom will likely seek to retain a great deal of regulatory convergence and cooperation over IP

Copyright, Contract and FOSS

Over the course of this chapter three crucial aspects of the law’s relationship with FOSS licenses are reviewed. Firstly, a comparison of the licenses themselves is outlined with particular regard to copyright provisions. In this respect, it is noted that while there is a great diversity of FOSS licenses, the licenses broadly fall into one of three categories – ‘no copyleft’, ‘weak copyleft’ and ‘strong copyleft’. Secondly, the debate over enforcement is discussed, focusing on the question of whether these licenses typically operate as ‘bare licenses’ or whether they are in fact ‘contracts’. This is an important issue because different legal consequences flow with regard to each category. Moreover, this is an issue which is difficult to resolve given the fact that FOSS typically operates online, across national boundaries, while different legal rules apply in various national jurisdictions. Thirdly, the compatibility of the most significant FOSS licenses is examined

The Constitutional Implications of Brexit for Northern Ireland

Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice

Women’s Open Space project evaluation: final report

This report presents findings from an evaluation of the Women's Open Spaces [WOS] project, carried out between July 2011 and March 2012. The evaluation sought to analyze the impact and efficacy of services offered to street-based sex workers by WOS and to look at the New Horizon Youth Centre [NHYC] model of engagement with young women at risk of sexual exploitation. This report will provide an analysis of service delivery and user-engagement with WOS and NHYC, and will highlight areas of best practice in engaging with street-based sex workers and with young women at risk of sexual exploitation

Preventing domestic violence and abuse: common themes and lessons learned from West Midlands' DHRs

This report is the result of a piece of commissioned research looking at Domestic Homicide Reviews in the West Midlands Police Force Area. Domestic Homicide Reviews were introduced in April 2011 with the aim of allowing and encouraging local areas to work together following a domestic homicide in order to focus on: future prevention, provision of relevant services, partnership and interagency working, justice outcomes, and risk reduction. Noting the lessons emanating from the Home Office (2013b) report looking at the usefulness of DHRs, the seven Community Safety Partnerships (CSPs) across the West Midlands Police Force Area (WMPFA) believed there to be tangible benefits of understanding where the nationally identified themes are present across the WMPFA, and where a potential alteration of policy and practice across the region in response could identify domestic violence victims and reduce their vulnerability. As such, this report was commissioned by the seven CPGs across the WMPFA, and has been funded by the Police & Crime Commissioner. This report builds on the findings of the Home Office report (2013b) and the HMIC recommendations (HMIC, 2014) and tailors recommendations for the WMPFA with regards to strategies for tackling domestic violence, and specifically for addressing issues that may lead to domestic violence homicide