Intellectual property is a moral issue.
That is, in its intricate mediation of producer and consumer relationships, the application of intellectual property regularly confronts the morality and ethics of production and consumption. This issue of the Queen Mary Journal of Intellectual Property brings together diverse insights into the ‘moral’ character of commercial law.
Chris Dent investigates the notion of confusion in trade mark law, and examines the foundations of this concept in the notion of deception. Through a socio-legal inquiry into the characterization of confusion and deception in legal discourse, Dent draws out the responsibility of the system to the individual, as well as its assumptions.
Tito Rendas looks at the use of material on the Internet and the prevailing rhetoric of morality that informs the discourse on unauthorized sharing of copyright content. Noting the contradictions between sharing and theft in the digital environment, the author develops the concept of ‘time-shifted morality’ to critique the language of online copyright infringement.
Sih Yuliana Wahyuningtyas examines the right to data portability in the European Union and, in particular, the extent to which copyright protection might be subject to the ‘morality’, as it were, of competition law in the software copyright domain.
Finally, Andrea Zappalaglio addresses the complex policy and social issues of parallel importation and exhaustion. Comparing the United States and European Union, the author considers the Trans-Atlantic Trade and Investment Partnership (TTIP) Agreement as an instrument of reform.
We are also very pleased to introduce in this issue, the first of Volume 5, the new, expanded ‘In Review’ section. As well as book reviews, we are now reviewing conferences and other events, towards providing a full and complete resource of intellectual property scholarship. Pedro Malaquias, Assistant Editor at QMJIP, has produced an excellent piece to launch this new enterprise, with his review of the University of Cambridge Centre for Intellectual Property and Information Law (CIPL) Spring Conference, Exhaustion Without Exasperation.
Intellectual Property. Use Responsibly.
Professor Johanna Gibson and Lord Hoffmann