Topics In Brief

Copyright

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Blurb (short): 

Copyright is a form of intellectual property. It is a legal protection provided by law to authors of original works. The owner of a copyright has the exclusive right to use, license, perform, display, distribute, reproduce, or create derivative work based on the protected work. The protection offered by copyright covers a wide range of literary, dramatic, musical, artistic, and other creative intellectual works. These may include books, poems, theses, paintings, photographs, drawings, musical compositions, sculpture, films, computer software, architectural design, maps and technical drawings.

Biblio, Statutes, Additional Etceterata
Biblography: 

 World Intellectual Property Organization - http://www.wipo.int/copyright/en/#copyright
 WIPO Intellectual Property Handbook: Policy, Law and Use (2004)
 The United States Copyrights Office, Library of Congress - http://www.copyright.gov/
 Carpenter, Megan M. (2004) "Intellectual Property Law and Indigenous Peoples: Adapting Copyright Law to the Needs of a Global Community," Yale Human Rights and Development Journal: Vol. 7: Iss. 1, Article 2.
 Cornell University Law School-Legal Information Institute-Copyrights: http://www.law.cornell.edu/wex/copyright

Relevant Statutes: 

Relevant Instruments:

 Berne Convention for the Protection of Literary and Artistic Works (1886)
 The Universal Copyright Convention (1952)
 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights
 U.S. Copyright Act, 17 U.S.C. §§ 101 - 810

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Copyright

Blurb
Blurb (short): 

Copyright is a form of intellectual property. It is a legal protection provided by law to authors of original works. The owner of a copyright has the exclusive right to use, license, perform, display, distribute, reproduce, or create derivative work based on the protected work. The protection offered by copyright covers a wide range of literary, dramatic, musical, artistic, and other creative intellectual works. These may include books, poems, theses, paintings, photographs, drawings, musical compositions, sculpture, films, computer software, architectural design, maps and technical drawings.

Biblio, Statutes, Additional Etceterata
Biblography: 

 World Intellectual Property Organization - http://www.wipo.int/copyright/en/#copyright
 WIPO Intellectual Property Handbook: Policy, Law and Use (2004)
 The United States Copyrights Office, Library of Congress - http://www.copyright.gov/
 Carpenter, Megan M. (2004) "Intellectual Property Law and Indigenous Peoples: Adapting Copyright Law to the Needs of a Global Community," Yale Human Rights and Development Journal: Vol. 7: Iss. 1, Article 2.
 Cornell University Law School-Legal Information Institute-Copyrights: http://www.law.cornell.edu/wex/copyright

Relevant Statutes: 

Relevant Instruments:

 Berne Convention for the Protection of Literary and Artistic Works (1886)
 The Universal Copyright Convention (1952)
 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights
 U.S. Copyright Act, 17 U.S.C. §§ 101 - 810

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Trademark

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A trademark is any distinctive sign, word, name, symbol, design, or any combination of these elements, used to identify and distinguish the products or services of one enterprise from those of another, or to indicate the source of goods or services. Trademarks may also consist of color shades used as distinguishing features, drawings, three-dimensional features such as the shape and packaging of goods, or non-visible signs such as sounds or fragrances. Deceptive, geographically descriptive, and scandalous or immoral marks are non-registrable.

Biblio, Statutes, Additional Etceterata
Biblography: 

 WIPO Intellectual Property Handbook: Policy, Law and Use (2004)
 World Intellectual Property Organization - http://www.wipo.int/trademarks/en/about_trademarks.html#function
 U.S Patent & Trademark Office - http://www.uspto.gov/trademarks/process/index.jsp
 Jane Anderson, Indigenous/Traditional Knowledge & Intellectual Property, the Centre for the Study of the Public Domain (Duke Univ. School of Law, 2010)- http://web.law.duke.edu/cspd/pdf/ip_indigenous-traditionalknowledge.pdf
 Lynell Tuffery Huria and Jude Antony, New Zealand intellectual property framework inadequate to protect Maori IP (AJ Park, Sept. 2012)
 Jonathan Milne, Iwi threatens to place trademark on All Black haka, the New Zealand Herald, May 22, 2005
 “Intellectual Property, Genetic Resources and Indigenous Rights,” UN Special Rapporteur on the Rights of Indigenous Peoples, Professor S. James, Address to the 26th session of the World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, 3 February 2014

Relevant Statutes: 

Relevant International Instruments

 Lanham (Trademark) Act (15 U.S.C.)
 Trademark Law Treaty (1994)
 Madrid Agreement Concerning the International Registration of Marks (1891)
 Singapore Treaty on the Law of Trademarks (2006)
 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights
 Convention Establishing the World Intellectual Property Organization (1967)

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World Intellectual Property Organization (WIPO)

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WIPO, based in Geneva-Switzerland, is a specialized self-funding agency of the United Nations system of organizations, with a mandate to administer intellectual property matters, including copyrights, patent, and trademarks. The organization is composed of 186 member states and today remains the preeminent global forum for intellectual property policy, information, and cooperation.

Biblio, Statutes, Additional Etceterata
Biblography: 

 World Intellectual Property Organization - http://www.wipo.int/portal/en/index.html
 WIPO Intellectual Property Handbook: Policy, Law and Use (2004)
 “Intellectual Property, Genetic Resources and Indigenous Rights,” UN Special Rapporteur on the Rights of Indigenous Peoples, Professor S. James Anaya, Address to the 26th session of the World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, 3 February 2014
 Karolina Kuprecht, Indigenous Peoples' Cultural Property Claims: Repatriation and Beyond (2013)

Relevant Statutes: 

Relevant International Instruments:
 Convention Establishing the World Intellectual Property Organization (1967)
 WIPO Copyright Treaty (1996)
 WIPO Performances and Phonograms Treaty (1996)
 Berne Convention for the Protection of Literary and Artistic Works (1886)
 Patent Cooperation Treaty (1970)
 Strasbourg Agreement Concerning the International Patent Classification (1971)
 Trademark Law Treaty (1994)
 Paris Convention for the Protection of Industrial Property (1883)
 Madrid Agreement Concerning the International Registration of Marks (1891)
 Singapore Treaty on the Law of Trademarks (2006)

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Patent

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Patent is a form of property right granted by law to an inventor. It excludes or prevents others from commercially exploiting the patented invention without the patent owner's consent. That is, its stops other people or entities from reproducing, using, offering for sale, or selling the invention throughout the jurisdiction where the patent right was granted. Patent protection is often granted for a specified period of time, in the U.S, patent protection usually last for about 20 years from the date of filing application.

Biblio, Statutes, Additional Etceterata
Biblography: 

 Dennis S. Karjala, Biotechnology Patents and Indigenous Peoples, Handbook of Best Practice, Chapter 16 - http://www.iphandbook.org/handbook/ch16/p01/
 World Intellectual Property Organization - http://www.wipo.int/patents/en/
 WIPO Intellectual Property Handbook: Policy, Law and Use (2004)
 The U.S. Patent and Trademark Office (USPTO)- http://www.uspto.gov/inventors/patents.jsp
 By Philip L. Bereano, Patent Pending: The Race To Own DNA, The Seattle Times, Sunday, Aug. 27, 1995, p. B5
 Association for Molecular Pathology V. Myriad Genetics, U.S. 12-398 (2013)

Relevant Statutes: 

Relevant Statutes and Instruments

 Patent Cooperation Treaty (1970)
 Strasbourg Agreement Concerning the International Patent Classification (1971)
 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights
 U.S. Patent Act, 35 USCS Sects. 1 - 376

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VAWA 2013 Law Enforcement Officer Flip Chart

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VAWA 2013 Law Enforcement Officer Flip Chart (PDF)
This flip chart is intended as a resource for law enforcement. It is designed to be printed on card stock, cut to size, and bound across the top with spiral binding..

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VAWA 2013 Law Enforcement Officer Pocket Guide

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VAWA 2013 Law Enforcement Officer Pocket Guide (PDF)
This business-sized card is designed to be printed double sided on card stock. It is laid out to print 12 cards on a single sheet of 8.5 x 11 inch paper. One side is a checklist for VAWA 2013 jurisdiction and the other side covers facial validity of protection orders..

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Indigenous Peoples of the Chittagong Hill Tribes of Bangladesh

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Indigenous Peoples of the Chittagong Hill Tracts (CHT) in Bangladesh

The Chittagong Hill Tracts—home to 13 indigenous peoples—is situated in the southeastern corner of Bangladesh. It consists of three hill districts bordering India to the north and north-east and Myanmar to the east. The indigenous peoples of this region are struggling for, among other things, de jure recognition as “indigenous peoples,” land rights, right to culture, and self-determination. This short essay charts the brief history of alienation and struggle of the CHT indigenous peoples.

Biblio, Statutes, Additional Etceterata
Biblography: 

1. The CHT Regional Council, Parbattya Chattagram Ain Shanhita (The Code of the CHT Laws), The CHTRC, 2010.
2. Devashish Roy, “Challenges towards the Implementation of the Chittagong Hill Tracts Accord of 1997,” in Politics of Peace: A Case of the Chittagong Hill Tracts in Bangladesh (Nasir Uddin eds.), Dhaka, ICDR, 2012.
3. M Imran Ali and Toshiyuki Tsuchiya, “Land Rights of the Indigenous People of the Chittagong Hill Tracts in Bangladesh,” Fourth World Journal, Vol. 5, No. 1 (2002), p. 67.
4. Syed Aziz-al Ahsan and Bhumitra Chakma, “Problems of National Integration in Bangladesh: The Chittagong Hill Tracts,” Asian Survey, Vol. 29, No. 10 (Oct. 1989), p. 962.

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Federally Recognized Tribes in Louisiana

 

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Corporations

 

CORPORATIONS

Entrepreneurs planning to go into business can opt to organize their business structure as a corporation.  (Tribal governments may also form corporations to carry on economic development on or off the reservation, but that is not the subject of this article).  Corporations are creatures of statute, and a state or tribal statute will detail how the corporation may be formed and what its ongoing requirements are.  (Note that most tribal statutes deal with creating tribal rather than private corporations.)

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