Copyright ownership in university students' academic works

Legal context. The impact of human rights on intellectual property(‘IP’), particularly in the light of the Human RightsAct 1998 and growing criticism of IP by civil society. Key points. There can be a greater legal, as well as political,role for human rights in the development of IP. The place ofhuman rights in IP litigation is established: see decisionsin Levi v Tesco, Ashdown v Telegraph and ITP v Coflexip. However,the impact of human rights has been limited to extreme peripheralcases, without challenging the central priority accorded tothe interests of IP owners. After considering practical applicationsin ‘non commercial’, ‘hybrid’, and ‘commercial’fields, this article argues for a more pervasive and centralrole for human rights, by greater reference to the Human RightsAct 1998, the EU Charter, international human rights instruments,TRIPS and decisions of other jurisdictions. This should enablea more balanced outcome to be reached in many, but not all,cases. Practical significance. IP owners, those challenging IP rights,and those advising them should all consider greater use of humanrights in IP litigation—not just in exceptional cases.Those resisting infringement may increase their prospect ofsuccess; those arguing for infringement will be better placedto counter arguments which may be raised. However, revisionof national, regional and international IP legislation wouldbe required to address all perceived social difficulties withIP.     

Redefining the roles of environmental NGOs in Africa

The article summarises issues identified in a study undertaken on behalf of the HIVOS Foundation of the Netherlands and the Netherlands Ministry of Foreign Affairs Development Division, which included a field study of 45 environmental NGOs in seven African countries. This generated an institutional database to support the aid strategies of the agencies commissioning the research, and forms the basis of an analysis of some of the broader issues concerning the role and behaviour of various types of NGO.     

The grammar of credibility assessment: A functional analysis of two legal questioning styles

Analysis of the rhetoric of attorney questioning has typically focused on the manipulative nature of questions and on the various mechanisms used by attorneys to influence the answers of witnesses. The analysis undertaken here investigates the notion that attorneys’ questions themselves create a representation of reality that constitutes a soty of meta‐testimony: a case within a case. This representation, operating independently of the answers given by witnesses, functions as a type of commentary on the credibility of the witness and the accuracy of prtrayals of events. The analysis suggests implications with regard to the role of attorneys and the process of a jury's assessment of evidence. The data under analysis is the examination questions asked during the sworn testimony of Andrea Wright, a witness in the Anita Hill/ Clarence Thomas hearings. A comparative analysis of questioning styles is undertaken with respect to process association, speech representation, and discourse label modification.     

Public affairs in China: exploring the role of brand fairness perceptions in the case of Mercedes‐Benz

Mr Sheng Wang demonstrated his perception of Mercedes‐Benz's unfair treatment and insensitivity to Chinese buyers by having his Mercedes sports coupe towed by a water buffalo through his Chinese hometown, Wuhan. But he did not stop there. Next, he ordered workers, specifically hired for this purpose, to pound the car with sledge hammers and sticks until the exterior was completely disfigured. Journalists love the story's inherent drama, and in subsequent days, media reports showed images of the car being towed and ultimately smashed. The event created strong public awareness about both Mr Wang's dissatisfaction about the treatment he received from Mercedes‐Benz and the subsequent Mercedes‐Benz's management reactions triggered by the event. In our paper, we explore this case in more detail, highlighting the crucial role of brand fairness in managing brands in China. Although brand managers implicitly emphasize the importance of fairness in branding strategies, brand management emphasizing fairness is an underdeveloped research concept. Our paper provides an understanding of theories and concepts of brand (un)fairness and brand fairness management illustrated by what we refer to as the Mercedes‐Benz case. We identify three dimensions of Brand Fairness Management: prevention, procedures, and outcomes. This framework will assist brand managers in China in developing successful brand fairness strategies and management programs. We posit that implementing these branding practices will increase the likelihood that consumers perceive the brand in question as fair, leading to an increase in loyalty and positive word‐of‐mouth. Copyright © 2013 John Wiley & Sons, Ltd.