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MISAPPROPRIATION (3) answer(s).
 
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1
ID:   118910


Competitions for resources: partition's evacuee property and the sustenance of corruption in Pakistan / Chattha, Ilyas   Journal Article
Chattha, Ilyas Journal Article
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Publication 2012.
Summary/Abstract This paper explores the part that the redistribution of evacuee property-the property abandoned by departing Hindus and Sikhs during the mass migrations after Partition-played in the institutionalization of corruption in Pakistan. By drawing on hitherto unexplored sources, including Pakistan's Rehabilitation Department papers, local police files and court records, it highlights the schemes of illegal appropriation, misappropriation, and paints a wholly convincing portrait of the scramble for millions of rupees worth of abandoned property in the towns and countryside of West Punjab. It shows how politicians, bureaucrats, powerful local notables and enterprising refugee groups grabbed properties, mainly by bribing officers charged with allocating them to incoming refugees, or by utilizing their personal contacts. The paper argues that the fierce competition for resources and temptations for evacuee property encouraged the emergence of a 'corruption' discourse which not only contributed to an atmosphere that was detrimental to democratic consolidation in the early years of Pakistan's history, but also justified later military intervention. This not only adds to the empirical knowledge of Partition and its legacies, but also makes a significant contribution towards our understanding of the transitional state in Pakistan.
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2
ID:   095011


Incentives for and protection of cultural expression: art, trade and geographical indications / Sanders, Anselm Kamperman   Journal Article
Sanders, Anselm Kamperman Journal Article
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Publication 2010.
Summary/Abstract After the adoption of the Universal Declaration of Cultural Diversity, the interaction between the protection of traditional cultural expressions (TCEs) and geographical indicators (GIs) is an interesting one. The capacity of a geographical indication of origin to create a global market with local control over brand, quality and methods of production seems to make it immensely suitable for preservation of cultural diversity. Since the Agreement on Trade-Related Aspects of Intellectual Property Rights does not limit the potential causes of action for the unauthorized use of GIs, the tort of misappropriation may be applied in relation to TCEs. In order to reconcile intellectual property rights with non-Western belief systems, application of the tort of misappropriation, unjust enrichment and the remedy of restitution may make enforcement of GIs in relation to TCEs more palatable than other forms of protection.
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3
ID:   094998


Law and economics of geographical indications: introduction to special issue of the journal of world intellectual property / Rangnekar, Dwijen   Journal Article
Rangnekar, Dwijen Journal Article
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Publication 2010.
Summary/Abstract After the adoption of the Universal Declaration of Cultural Diversity, the interaction between the protection of traditional cultural expressions (TCEs) and geographical indicators (GIs) is an interesting one. The capacity of a geographical indication of origin to create a global market with local control over brand, quality and methods of production seems to make it immensely suitable for preservation of cultural diversity. Since the Agreement on Trade-Related Aspects of Intellectual Property Rights does not limit the potential causes of action for the unauthorized use of GIs, the tort of misappropriation may be applied in relation to TCEs. In order to reconcile intellectual property rights with non-Western belief systems, application of the tort of misappropriation, unjust enrichment and the remedy of restitution may make enforcement of GIs in relation to TCEs more palatable than other forms of protection.
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