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Several high-profile rebrands, including those by Twitter and Starbucks, have involved removing text from logos. This move towards wordless, pictorial trade marks raises a difficult question about how the scope of protection of a registered trade mark should be determined. This article examines the particular issue of how much weight should be given to the idea or concept underlying a pictorial mark when assessing whether a defendant’s junior mark is ‘confusingly similar’. Drawing on legal principles and case examples from Europe, the United Kingdom, Singapore and New Zealand, it is claimed that courts and adjudicators should be careful not to overweight conceptual similarity. It is argued that a lack of care in assessing conceptual similarity risks awarding one trader overbroad protection, which may be tantamount to conferring on one trader a monopoly in an idea. A lack of care may also undermine the logic of a registration system by untethering protection from what is recorded on the Register, and may make trade mark law less predictable and certain.
* The author declares that he was junior counsel in a case discussed in this article, Carabao Tawandang Co Ltd v Red Bull GmbH HC Wellington CIV-2005-485-1975, 31 August 2006. The views represented in this article are the author’s own, and do not reflect the views of his employer at the time, or the views of the client represented in that particular case.
This article analyses the question of Indigenous peoples’ identity through the lens of Martha Fineman’s theory of vulnerability and human rights law. Answering questions of Indigenous identity is a difficult and complex endeavour, and is subject to many considerations, including individual, collective, internal and external perspectives. The theory of vulnerability of Martha Fineman provides the author with a prism through which to examine Indigenous identity and inequality across the social, economic, cultural, environmental and political spectra in the Indigenous peoples’ context, and permits the elaboration of a normative pathway to inform legal responses able to compensate for situations of inequity. In the author’s opinion, Fineman’s theory of vulnerability provides an innovative perspective from which to engage in the epistemological, analytical and normative legal analysis that is required, with the aim of supporting the resilience of the Sami peoples at the collective and individual level. The debate within the paradigm of human rights is based on the premise of the existence of different groups with different identities within States (such as minority groups and Indigenous peoples). The recognition of different rights defined internationally and constitutionally has resulted in the possibility for these groups of recognition of their specific cultural traits.
The answers each political community finds to the law-reform questions posed by artificial intelligence (AI) may differ, but a near-term threat is that AI systems capable of causing harm will not be confined to one jurisdiction; indeed, it may be impossible to link them to a specific jurisdiction at all. This is not a new problem in cybersecurity, though different national approaches to regulation will pose barriers to effective regulation exacerbated by the speed, autonomy and opacity of AI systems. For that reason, some measure of collective action is needed. Lessons may be learned from efforts to regulate the global commons, as well as moves to outlaw certain products (weapons and drugs, for example) and activities (such as slavery and child sex tourism). The argument advanced here is that regulation, in the sense of public control, requires the active involvement of States. To coordinate those activities and enforce global ‘red lines’, this paper posits a hypothetical International Artificial Intelligence Agency, modelled on the agency created after the Second World War to promote peaceful uses of nuclear energy, while deterring or containing its weaponisation and other harmful effects.
Andreea Antuca and Robin Noble
There has been a data revolution: the combination of sensors, processing power and mobile communications means that there is more of it, and it is having a greater impact on our lives than ever before. Across the world, there have recently been many new initiatives and legislative proposals for opening up access to some of that data. This is often driven by two different motivations: the desire to create new positive outcomes with existing resources, and the desire to correct negative impacts on competition in markets. To regulate data access properly, it is necessary to understand what makes data different and what its value is. If data access is going to be mandated, how can one value the data that a business holds, and set fair and reasonable charges for access to it? Economic tools that analyse the cost of creating the data, and the benefits derived from it, provide critical insight into this question.
Nima Lorjé and Ariela Stoffer
Commission inspections pursuant to Article 20(4) of Regulation 1/2003 (i.e. dawn raids) interfere with the privacy rights of companies and individuals. This interference is disproportionate when it is not consistent with the requirements laid down in Article 7 of the Charter of Fundamental Rights of the European Union and Article 8 of the European Convention for Human Rights. In its recent judgments in the French Supermarkets cases, the General Court partially annulled four Commission inspection decisions for constituting an arbitrary and unjustified interference with the privacy rights of the inspected companies. The General Court found that the Commission had initiated inspections without having sufficiently serious evidence in its possession. This article examines this finding of the General Court and its practical implications for the protection of companies’ privacy rights in the context of dawn raids. In addition, this article examines possible remedies for challenging the seizure and copying of documents containing personal information of raided companies’ staff during a dawn raid.
Reem Anwar Ahmed Raslan
The transfer of technology has been mainly subject to the North-South dichotomy where the North is regarded as the principal source of technical knowledge to the South. Nevertheless, as new economic powers emerge in the South, the scene of international technology transfer is changing rapidly. Many South-South endeavors on transfer of technology are on the rise. Thus, a new model of transfer of technology is gaining momentum, in particular the South-South Model of transfer of technology. This paper aims to look at this issue by attempting to answer the following questions: How did South-South cooperation in the field of transfer of technology evolve? How did the rise of the South affect the North-South conflict in the context of transfer of technology? What is the impact of the South-South cooperation in the field of technology transfer on the North?