WorldWideScience

Sample records for access intellectual property

  1. Intellectual property, access to medicines, and health: new research horizons

    OpenAIRE

    Chorev, Nitsan; Kenneth C Shadlen

    2015-01-01

    In this introduction we briefly review the literature on intellectual property rights and access to medicines, identifying two distinct generations of research. The first generation analyzes the origins of new intellectual property rules, in particular the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the significance of TRIPS to developing countries. The second generation examines\\ud national-level experiences, as countries adjust ...

  2. Intellectual Property.

    Science.gov (United States)

    Swinson, John V.

    2000-01-01

    Intellectual property is a term that covers a number of different rights. Considers issues such as what are the basic forms of intellectual property; who owns the intellectual property created by a teacher; who owns intellectual property created by students; and use of downloaded materials from the internet. (Author/LM)

  3. INTERNATIONAL JURISDICTION IN INTELLECTUAL PROPERTY MATTERS: IS THE RIGHT OF ACCESS TO JUSTICE GUARANTEED?

    Directory of Open Access Journals (Sweden)

    Laura Bastos Carvalho

    2015-12-01

    Full Text Available This paper aims to provide an overview of international jurisdiction rules when it comes to intellectual property. Moreover, it provides an analysis of whether access to justice is guaranteed in international conflicts related to intellectual property. Firstly, the concept of international jurisdiction and its related principles are defined. Secondly, an explanation of the intellectual property rights is done in order to introduce the analysis of how international instruments regulate these conflicts. International and national case law are also analyzed. Lastly, it is concluded that legal uncertainty in this field can be itself an obstacle to access to justice.

  4. Remote Memory Access Protocol Target Node Intellectual Property

    Science.gov (United States)

    Haddad, Omar

    2013-01-01

    The MagnetoSpheric Multiscale (MMS) mission had a requirement to use the Remote Memory Access Protocol (RMAP) over its SpaceWire network. At the time, no known intellectual property (IP) cores were available for purchase. Additionally, MMS preferred to implement the RMAP functionality with control over the low-level details of the design. For example, not all the RMAP standard functionality was needed, and it was desired to implement only the portions of the RMAP protocol that were needed. RMAP functionality had been previously implemented in commercial off-the-shelf (COTS) products, but the IP core was not available for purchase. The RMAP Target IP core is a VHDL (VHSIC Hardware Description Language description of a digital logic design suitable for implementation in an FPGA (field-programmable gate array) or ASIC (application-specific integrated circuit) that parses SpaceWire packets that conform to the RMAP standard. The RMAP packet protocol allows a network host to access and control a target device using address mapping. This capability allows SpaceWire devices to be managed in a standardized way that simplifies the hardware design of the device, as well as the development of the software that controls the device. The RMAP Target IP core has some features that are unique and not specified in the RMAP standard. One such feature is the ability to automatically abort transactions if the back-end logic does not respond to read/write requests within a predefined time. When a request times out, the RMAP Target IP core automatically retracts the request and returns a command response with an appropriate status in the response packet s header. Another such feature is the ability to control the SpaceWire node or router using RMAP transactions in the extended address range. This allows the SpaceWire network host to manage the SpaceWire network elements using RMAP packets, which reduces the number of protocols that the network host needs to support.

  5. Intellectual property rights, market competition and access to affordable antiretrovirals.

    Science.gov (United States)

    Pascual, Fernando

    2014-01-01

    The number of patients receiving antiretroviral therapy (ART) has increased from around half a million in 2003 to almost 10 million in only 10 years, and will continue to increase in the coming years. Over 16 million more are eligible to start ART according to the last World Health Organization (WHO) guidelines. The demand is also switching from the less expensive antiretrovirals (ARVs) that allowed such scale-up to newer more expensive ones with fewer side effects or those that can be used by people who have developed resistance to first-line treatment. However, patents on these new drugs can delay robust generic competition and, consequently, price reduction made possible by economies of scale. Various ways to address this issue have been envisaged or implemented, including the use of the flexibilities available under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), systematic widespread voluntary licensing, of which the Medicines Patent Pool (MPP) is an example, and the application of different prices in different countries, called tiered pricing. This paper helps explain the impact of patents on market competition for ARVs and analyses various approaches available today to minimize this impact.

  6. Intellectual property

    OpenAIRE

    MSc. Shpresa Ibrahimi

    2012-01-01

    Montenue, a distinct French scholar of intellectual property, has suggested that IP is a “tool which surprisingly helps a lot”, and this definition on science, arts, culture, since the 16th century. Now, what would be the definition of intellectual property for the 21st century? Apparently not a “strange” tool, but a necessary tool, primary for enriching human knowledge, and for the new world order, especially in the global market sphere. Intellectual property is an integral part of inter...

  7. [Improving global access to new vaccines: intellectual property, technology transfer, and regulatory pathways].

    Science.gov (United States)

    Crager, Sara Eve

    2015-01-01

    The 2012 World Health Assembly Global Vaccine Action Plan called for global access to new vaccines within 5 years of licensure. Current approaches have proven insufficient to achieve sustainable vaccine pricing within such a timeline. Paralleling the successful strategy of generic competition to bring down drug prices, a clear consensus is emerging that market entry of multiple suppliers is a critical factor in expeditiously bringing down prices of new vaccines. In this context, key target objectives for improving access to new vaccines include overcoming intellectual property obstacles, streamlining regulatory pathways for biosimilar vaccines, and reducing market entry timelines for developing-country vaccine manufacturers by transfer of technology and know-how. I propose an intellectual property, technology, and know-how bank as a new approach to facilitate widespread access to new vaccines in low- and middle-income countries by efficient transfer of patented vaccine technologies to multiple developing-country vaccine manufacturers.

  8. Improving global access to new vaccines: intellectual property, technology transfer, and regulatory pathways.

    Science.gov (United States)

    Crager, Sara Eve

    2014-11-01

    The 2012 World Health Assembly Global Vaccine Action Plan called for global access to new vaccines within 5 years of licensure. Current approaches have proven insufficient to achieve sustainable vaccine pricing within such a timeline. Paralleling the successful strategy of generic competition to bring down drug prices, a clear consensus is emerging that market entry of multiple suppliers is a critical factor in expeditiously bringing down prices of new vaccines. In this context, key target objectives for improving access to new vaccines include overcoming intellectual property obstacles, streamlining regulatory pathways for biosimilar vaccines, and reducing market entry timelines for developing-country vaccine manufacturers by transfer of technology and know-how. I propose an intellectual property, technology, and know-how bank as a new approach to facilitate widespread access to new vaccines in low- and middle-income countries by efficient transfer of patented vaccine technologies to multiple developing-country vaccine manufacturers.

  9. Canada and access to medicines in developing countries: intellectual property rights first.

    Science.gov (United States)

    Lexchin, Joel

    2013-09-03

    Canadian reports have recommended that health as a human right must be Canada's overarching global commitment and that the primacy of human rights should be prioritized over other elements of international law including international trade and investment law as it applies to access to pharmaceuticals. This paper uses a series of case reports to examine Canada's commitment to this goal. Specifically it examines cases where improved access has been in conflict with increased intellectual property rights. The 6 cases are: Canada's position when 39 pharmaceutical companies took South Africa to court in 1998 over its legislation to allow parallel importation of patented medicines and to regulate the price of medications; the stance that Canada took in the negotiations around the Doha Declaration in 2001; the passage of Canada's Access to Medicines Regime in 2004 and subsequent attempts to amend the legislation in 2011 and 2012; Canada's involvement in the final declaration at the United Nations High-Level meeting on non-communicable diseases in 2012; Canada's views about the terms in the Anti-Counterfeiting Trade Agreement as expressed in 2009; and Canada's 2013 position on the extension of the exemption for least developed countries from having to comply with the terms of the Trade Related Aspects of Intellectual Property Rights Agreement. In the first case Canada was neutral but in the remaining 5 cases Canada prioritized intellectual property rights over access. This position is consistent with how Canada has acted around domestic issues involving intellectual property rights for pharmaceutical products. Canada has supported strengthened rights despite the fact that their touted benefits have not been realized either domestically or in developing countries. As a result Canada has failed in its humanitarian duty to protect the human right to health in the form of safe and low cost medicines for the people in developing countries.

  10. Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements.

    Science.gov (United States)

    Castro, Arachu; Westerhaus, Michael

    2007-01-01

    The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.

  11. Intellectual property

    Directory of Open Access Journals (Sweden)

    MSc. Shpresa Ibrahimi

    2012-06-01

    Full Text Available Montenue, a distinct French scholar of intellectual property, has suggested that IP is a “tool which surprisingly helps a lot”, and this definition on science, arts, culture, since the 16th century. Now, what would be the definition of intellectual property for the 21st century? Apparently not a “strange” tool, but a necessary tool, primary for enriching human knowledge, and for the new world order, especially in the global market sphere. Intellectual property is an integral part of international trade, and its importance keeps increasing, since effective use of knowledge is increasingly influencing the economic prosperity of peoples. One may say that there is little originality in the creative sphere. Naturally, this originality can only be reflected by individuality and human identity in intellectual creativity The author rights in the Kosovo legislation is a novelty, a necessity of developing a creative environment in the fields of science, arts and industrial property. First and foremost, the individual benefit, which is secured by the author as the creator of the work, is a moral and material right. Secondly, there is a need for harmonization, not only of values for the creator, but also for the development of science, culture, increased competitive advantage, and the public sphere, as a benefit for the public health and security, and the fiscal policy. The deficiency one must record is with the Office for Copy Rights, which is to play a strong role in implementing and protecting copy rights and other related rights by licensing collective management agencies, imposing administrative fines, awareness raising, provision of information, and other capacity building and educative measures. Naturally, the enactment of good legislation is a system without any meaning or sense if not associated with the court practice. Any establishment of a legal system not pursued with enforcement mechanisms remains only in legal frameworks.

  12. The Effects of Intellectual Property Rights on Access to Medicines and Catastrophic Expenditure.

    Science.gov (United States)

    Jung, Youn; Kwon, Soonman

    2015-01-01

    Since the introduction of Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1995, there has been considerable concern that poor access to essential medicines in developing countries would be exacerbated because strengthening intellectual property rights (IPR) leads to monopoly of pharmaceutical markets and delayed entry of lower-cost generic drugs. However, despite extensive research and disputes regarding this issue, there are few empirical studies on the topic. In this study, we investigated the effect of IPR on access to medicines and catastrophic expenditure for medicines, using data from World Health Surveys 2002-2003. The index of patent rights developed by Ginarte and Park (1997) was used to measure the IPR protection level of each country. Estimates were adjusted for individual and country characteristics. In the results of multilevel logistic regression analyses, higher level of IPR significantly increased the likelihood of nonaccess to prescribed medicines even after controlling for individual socioeconomic status and national characteristics associated with access to medicines. This study's finding on the negative impact of IPR on access to medicines calls for the implementation of more active policy at the supra-national level to improve access in low- and middle-income countries.

  13. Intellectual Access to Images.

    Science.gov (United States)

    Chen, Hsin-Liang; Rasmussen, Edie M.

    1999-01-01

    The increased availability of digital images is accompanied by a need for solutions to the problems inherent in indexing them for retrieval. Problems in image description and access are discussed, with a perspective on traditional and new solutions. Recent developments in intellectual access to images are surveyed and contrasted with…

  14. Intellectual property rights vs. public access rights: ethical aspects of the DeCSS decryptation program

    Directory of Open Access Journals (Sweden)

    Robert Vaagan

    2005-01-01

    Full Text Available Introduction. In 1999-2000, a Norwegian youth cracked a DVD-access code and published a decryptation program on the Internet. He was sued by the US DVD Copy Control Association (DVD-CCA and the Norwegian Motion Picture Association (MAP, allies of the US Motion Picture Association of America (MPAA, arrested by Norwegian police and charged with data crime. Two Norwegian court rulings in 2003 unanimously ruled that the program did not amount to a breach of Norwegian law, and he was fully acquitted. In the US, there have been related cases, some with other outcomes. Method. Based on a theoretical framework developed by Zwass, the paper discusses these court rulings and the wider issues of intellectual property rights versus public access rights. Analysis. The DVD-Jon case illustrates that intellectual property rights can conflict with public access rights, as the struggle between proprietary software and public domain software, as well as the SPARC and Open Archives Initiative reflect. Results. An assessment of the DVD-Jon case based on the Zwass framework does not give a clear information ethics answer. The analysis depends on whether one ascribes to consequentialist (e.g., utilitarian or de-ontological reflection, and also on which side of the digital gap is to be accorded most weight. Conclusion. While copyright interests are being legally strengthened, there may be ethically- grounded access rights that outweigh property rights.

  15. An intellectual property sharing initiative in agricultural biotechnology: development of broadly accessible technologies for plant transformation.

    Science.gov (United States)

    Chi-Ham, Cecilia L; Boettiger, Sara; Figueroa-Balderas, Rosa; Bird, Sara; Geoola, Josef N; Zamora, Pablo; Alandete-Saez, Monica; Bennett, Alan B

    2012-06-01

    The Public Intellectual Property Resource for Agriculture (PIPRA) was founded in 2004 by the Rockefeller Foundation in response to concerns that public investments in agricultural biotechnology benefiting developing countries were facing delays, high transaction costs and lack of access to important technologies due to intellectual property right (IPR) issues. From its inception, PIPRA has worked broadly to support a wide range of research in the public sector, in specialty and minor acreage crops as well as crops important to food security in developing countries. In this paper, we review PIPRA's work, discussing the failures, successes, and lessons learned during its years of operation. To address public sector's limited freedom-to-operate, or legal access to third-party rights, in the area of plant transformation, we describe PIPRA's patent 'pool' approach to develop open-access technologies for plant transformation which consolidate patent and tangible property rights in marker-free vector systems. The plant transformation system has been licensed and deployed for both commercial and humanitarian applications in the United States (US) and Africa, respectively.

  16. The Regional Comprehensive Economic Partnership, Intellectual Property Protection, and Access to Medicines.

    Science.gov (United States)

    Townsend, Belinda; Gleeson, Deborah; Lopert, Ruth

    2016-11-01

    The inclusion of elevated standards of intellectual property (IP) protection in the recently negotiated Trans-Pacific Partnership (TPP) agreement has raised serious public health concerns regarding access to medicines. A lesser-known trade agreement under negotiation in the Asia-Pacific region is the Regional Comprehensive Economic Partnership (RCEP). Framed as an attempt to reassert ASEAN's position in response to the United States-led TPP, RCEP includes key players China and India as well as several low- and middle-income countries (LMICs). Leaked drafts of IP provisions proposed by Japan and South Korea raise similar concerns in the Asia-Pacific region. This article identifies TRIPS (Trade Related Aspects of Intellectual Property Rights agreement)-Plus provisions in leaked negotiating texts and examines their implications for LMICs that are not also parties to the TPP: Cambodia, Indonesia, Laos, Myanmar, the Philippines, Thailand, China, and India. We find that higher levels of IP protection delay the market entry of generic medicines, giving rise to increased costs to governments and reduced access to essential medicines. The article concludes that the public health community should recognize risks inherent in trade agreements that promote expansions of IP rights and engage with governments to ensure that public health is adequately and explicitly protected in trade and investment negotiations.

  17. Open Access Intellectual Property Systems: A Comparison to Commercial Solutions in Competitive Intelligence

    Directory of Open Access Journals (Sweden)

    Jan Cerny

    2016-07-01

    Full Text Available ICT/IS management plays an important role within the framework of innovation management, and one of the key elements of this role is the support of Competitive Intelligence in the context of innovation processes. The strategic information needs of innovation management are also directed towards different kinds of intellectual property (IP information entities and commercialization. The purpose of this paper is to define these entities and IP information systems as an important part of a company’s Competitive Intelligence Unit for competitor analysis and technology trends. The open access IP information systems will be analysed together with commercial solutions.. The aim of this paper is to underline the importance of open access IP systems compared to added value commercial solutions for competitive intelligence purposes for SMEs. The comparison will be carried out using examples of patent searches within a concrete dataset.

  18. Intellectual property rights in synthetic biology: an anti-thesis to open access to research?

    Science.gov (United States)

    Saukshmya, Trichi; Chugh, Archana

    2010-12-01

    Synthetic Biology is a surging area of contemporary life science based research that is rapidly evolving by virtue of its multidisciplinary composition and applications. Biology never before has seen such a gold rush and demonstrated potential for knowledge based economy. The area of synthetic biology is in a nascent and tender stage, however issues pertaining to open access to research versus the monopolistic intellectual property regime (specifically patents) have already started raising concerns in the emerging bio-based economy. The present study critically analyses the comparative benefits as well as lacunas of open access to research and patenting issues. It is noteworthy that both approaches for synthetic biology development have to co-exist in order to optimally benefit the society at large.

  19. Open Access, Intellectual Property, and How Biotechnology Becomes a New Software Science

    CERN Document Server

    Murtagh, Fionn

    2009-01-01

    Innovation is slowing greatly in the pharmaceutical sector. It is considered here how part of the problem is due to overly limiting intellectual property relations in the sector. On the other hand, computing and software in particular are characterized by great richness of intellectual property frameworks. Could the intellectual property ecosystem of computing come to the aid of the biosciences and life sciences? We look at how the answer might well be yes, by looking at (i) the extent to which a drug mirrors a software program, and (ii) what is to be gleaned from trends in research publishing in the life and biosciences.

  20. INTELLECTUAL PROPERTY AND UNIVERSITIES

    OpenAIRE

    Papin-Ramcharan, Jennifer

    2005-01-01

    Universities and other institutions of higher learning like the University of the West Indies (UWI), are in the business of creating intellectual property. This article describes the importance of intellectual property protection particularly for developing countries. It also gives the experience of The St. Augustine Campus of the University of the West Indies with intellectual property protection.

  1. A typology of intellectual property management for public health innovation and access: design considerations for policymakers.

    Science.gov (United States)

    Taubman, Antony

    2010-01-19

    This paper seeks to set the practical discipline of public interest intellectual property (IP) management in public health into its broader policy context. The most immediate and direct impact of IP systems on public welfare results not from international standards nor from national legislation - though these norms are fundamentally important - but rather from the accumulated impact of numerous practical choices whether or not to seek IP protection; where and where not; and how any exclusive rights are deployed, by whom, and to what end. IP management is the essentially practical exercise of limited exclusive rights over protected subject matter, the judicious use of those rights to leverage outcomes that advance an institution's or a firm's objectives. Exclusive rights are used to construct and define knowledge-based relationships, to leverage access to technology and other necessary resources, and to enhance market-based incentives. IP management choices range across a broad spectrum, spanning public domain strategies, open or exclusive licensing, and strong exclusivity. The idea of 'exclusive rights', as a specific legal mechanism, can run counter to expectations of greater openness and accessibility, but actual outcomes will depend very much on how these mechanisms are used in practice. For public interest or public sector institutions concerned with health research and development, particularly the development of new medicines, IP management choices can be just as critical as they are for private firms, although a predominant institutional concentration on advancing direct public interest objectives may lead to significantly different approaches in weighing and exercising practical choices for IP management: even so, a private sector approach should not be conflated with exclusivity as an end in itself, nor need public interest IP management eschew all leverage over IP. This paper offers a tentative framework for a richer typology of those choices, to give a

  2. [Evolution of the international intellectual property rights system: patent protection for the pharmaceutical industry and access to medicines].

    Science.gov (United States)

    Chaves, Gabriela Costa; Oliveira, Maria Auxiliadora; Hasenclever, Lia; de Melo, Luiz Martins

    2007-02-01

    This article discusses the evolution of the international intellectual property rights system in three phases and the implications for public health, especially for the implementation of policies for access to medicines. During the first phase, characterized by the Paris and Berne Convention, signatory countries defined which technological fields should be protected (or not). Under the second phase, with the enforcement of the WTO TRIPS Agreement, countries are obliged to grant patent protection for all technological fields, including for the pharmaceutical industry. Within their national legislations, countries also have the opportunity to implement access to TRIPS flexibilities for medicines. With the third phase, characterized by the negotiation and signing of bilateral and regional free trade agreements, countries will have to implement TRIPS-plus provisions which may have negative implications for the TRIPS flexibilities as well as for policies for access to medicines. The authors conclude that the currently proposed international intellectual property rights system favors patent-holder rights and that a balance is needed between patent holders' and health rights.

  3. Access, Intellectual Freedom and Libraries.

    Science.gov (United States)

    Darling, Richard L.

    1979-01-01

    Reviews attitudes toward censorship in the United States throughout its history in relation to the nation and its institutions. The library is recognized as an institution in which censorship has no place, due to its creed of information access and intellectual freedom for all. (MBR)

  4. Commercializing Intellectual Property in Universities

    OpenAIRE

    Charbonneau, Olivier

    2007-01-01

    This presentation analyzes the Commercializing of intellectual Property in Universities. Patents and the quest for science imposes certain constraints based on how research projects are financed and the ownership of the results. Then, Copyright issues are explored, primarly open access, fair dealings as well as the Theses Canada program.

  5. Delphion Intellectual Property Network

    CERN Document Server

    Delphion Inc. Lisle, IL

    Delphion solutions empower business and intellectual property (IP) professionals to analyze, manage and leverage IP assets - including ideas, patents and licensing opportunities - to generate new levels of revenue and profitability from R&D investmen

  6. Who shall live when not all can live? Intellectual property in accessing and benefit-sharing influenza viruses through the World Health Organisation.

    Science.gov (United States)

    Lawson, Charles

    2011-03-01

    This article addresses the development of the World Health Organisation's (WHO) arrangements for accessing viruses and the development of vaccines to respond to potential pandemics (and other lesser outbreaks). It examines the ongoing "conflict" between the United Nations' Convention on Biological Diversity (CBD) and the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in the context of the debates about the paramountcy of intellectual property, and the potential for other (equity and development) imperatives to over-ride respect for intellectual property and TRIPS. The article concludes that the same intellectual property fault lines are evident in the WHO forum as those apparent at the CBD and the WTO fora, and an ongoing failure to properly address questions of equity and development. This poses a challenge for the Australian Government in guaranteeing a satisfactory pandemic influenza preparation and response.

  7. Intellectual Property Rights Management

    DEFF Research Database (Denmark)

    Alkærsig, Lars; Beukel, Karin; Reichstein, Toke

    Intellectual Property Rights Management explores how the entire toolbox of intellectual property (IP) protection and management are successfully combined and how firms generate value from IP. In particular, this book provides a framework of archetypes which firms will be able to self...... to large organization but also reflect the practices and operations that reside in SMEs. This volume also utilizes labor market and firm data to determine whether there is a definitive relationship between IP and economic performance on the firm level....

  8. Intellectual property rights management

    DEFF Research Database (Denmark)

    Alkærsig, Lars; Beukel, Karin; Reichstein, Toke

    Intellectual Property Rights Management explores how the entire toolbox of intellectual property (IP) protection and management are successfully combined and how firms generate value from IP. In particular, this book provides a framework of archetypes which firms will be able to self...... to large organization but also reflect the practices and operations that reside in SMEs. This volume also utilizes labor market and firm data to determine whether there is a definitive relationship between IP and economic performance on the firm level....

  9. New Legal Platform for Intellectual Property in the EU

    Institute of Scientific and Technical Information of China (English)

    Guo Yan

    2010-01-01

    @@ With improving the importance on the intellectual property in China,China and EU have made effort together for helping users find and access legal resources on the current legislative framework of intellectual property(IP)protection and enforcement.

  10. Intellectual Property in Ethnomathematics

    DEFF Research Database (Denmark)

    Sanchez, Aldo Ivan Parra

    2015-01-01

    Beginning from the reflections about a methodology used in a research project with an indigenous Colombian community, this paper outlines some possibilities for ethnomathematical research. Issues like intellectual property and social relevance are discussed in order to propose a broader concept...

  11. Statement on Intellectual Property

    Science.gov (United States)

    American Association of University Professors, 2014

    2014-01-01

    The management of university-generated intellectual property is complex and carries significant consequences for those involved in direct negotiations (faculty inventors, companies, university administrators, attorneys, and invention-management agents) as well as those who may be affected (competing companies, the public, patients, and the wider…

  12. Intellectual Property in Ethnomathematics

    DEFF Research Database (Denmark)

    Sanchez, Aldo Ivan Parra

    2015-01-01

    Beginning from the reflections about a methodology used in a research project with an indigenous Colombian community, this paper outlines some possibilities for ethnomathematical research. Issues like intellectual property and social relevance are discussed in order to propose a broader concept...

  13. An intellectual property primer.

    Science.gov (United States)

    Penner, Mark D

    2008-06-01

    While many may think of it as an "invention" of the modern age, intellectual property ("IP") has existed since at least as early as the 17th Century with the advent of the Statute of Monopolies in the U.K. Intellectual property has evolved significantly since then into an important aspect of modern day society touching all of our lives in some form or another Canadian health care in the 21st Century is no exception. This article attempts to provide health care professionals who may not be familiar with this subject matter with a general overview of what is "intellectual property". Many readers may be aware ofintellectual property on some level but may not understand how the various types of IP function and interrelate, as well as the possible impact on the nature and scope of health care services. The purpose of this article is to attempt to provide the reader with the tools, definition and 'jargon" to understand IP so that they can appreciate the issues discussed in greater detail in the remaining papers of this special edition.

  14. Human rights & intellectual property for universal access to new essential medicines

    NARCIS (Netherlands)

    Perehudoff, Katrina; 't Hoen, Elisabeth; Babar, Zaheer

    2018-01-01

    This chapter illustrates how human rights principles can help governments, even those with the most modest budgets, scale-up universal access to expensive essential medicines. The key message is that governments have legally binding human rights obligations to immediately take steps to provide

  15. A Typology of Intellectual Property Management for Public Health Innovation and Access: Design Considerations for Policymakers§

    Science.gov (United States)

    Taubman, Antony

    2010-01-01

    This paper seeks to set the practical discipline of public interest intellectual property (IP) management in public health into its broader policy context. The most immediate and direct impact of IP systems on public welfare results not from international standards nor from national legislation – though these norms are fundamentally important - but rather from the accumulated impact of numerous practical choices whether or not to seek IP protection; where and where not; and how any exclusive rights are deployed, by whom, and to what end. IP management is the essentially practical exercise of limited exclusive rights over protected subject matter, the judicious use of those rights to leverage outcomes that advance an institution's or a firm's objectives. Exclusive rights are used to construct and define knowledge-based relationships, to leverage access to technology and other necessary resources, and to enhance market-based incentives. IP management choices range across a broad spectrum, spanning public domain strategies, open or exclusive licensing, and strong exclusivity. The idea of ‘exclusive rights’, as a specific legal mechanism, can run counter to expectations of greater openness and accessibility, but actual outcomes will depend very much on how these mechanisms are used in practice. For public interest or public sector institutions concerned with health research and development, particularly the development of new medicines, IP management choices can be just as critical as they are for private firms, although a predominant institutional concentration on advancing direct public interest objectives may lead to significantly different approaches in weighing and exercising practical choices for IP management: even so, a private sector approach should not be conflated with exclusivity as an end in itself, nor need public interest IP management eschew all leverage over IP. This paper offers a tentative framework for a richer typology of those choices, to

  16. [Robots and intellectual property].

    Science.gov (United States)

    Larrieu, Jacques

    2013-12-01

    This topic is part of the global issue concerning the necessity to adapt intellectual property law to constant changes in technology. The relationship between robots and IP is dual. On one hand, the robots may be regarded as objects of intellectual property. A robot, like any new machine, could qualify for a protection by a patent. A copyright may protect its appearance if it is original. Its memory, like a database, could be covered by a sui generis right. On the other hand, the question of the protection of the outputs of the robot must be raised. The robots, as the physical embodiment of artificial intelligence, are becoming more and more autonomous. Robot-generated works include less and less human inputs. Are these objects created or invented by a robot copyrightable or patentable? To whom the ownership of these IP rights will be allocated? To the person who manufactured the machine ? To the user of the robot? To the robot itself? All these questions are worth discussing.

  17. INTELLECTUAL PROPERTY: ACCOUNTING AND REPORTING

    Directory of Open Access Journals (Sweden)

    RIZAYEV NURBEK KADIROVICH

    2010-12-01

    Full Text Available Intellectual Property (IP is a set of exclusive rights to both personal and material nature on the intellectual and creative activity. Using the income method value of intellectual property is defined as its ability to bring a buyer or investor to profit in the future and is equal to the current value of net income, which can be obtained from the use of IP for the estimated economically sound life. Analysis and discussion is presented herein.

  18. Promoting justice in stem cell intellectual property.

    Science.gov (United States)

    Regenberg, Alan; Mathews, Debra J H

    2011-11-01

    According to the World Trade Organization, intellectual property rights are "rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time." The rationale behind intellectual property rights is to offer a quid pro quo, between creators and the public, intended to spur innovation. Inventors gain exclusivity (and an opportunity for profits) in exchange for publicly disclosing details about their creations. The public gains free access to information - information that can then be used to support further innovation. Innovation is seen as an inherent good in this context, as it can lead to the development of things people need (e.g., treatments for disease, green energy technologies or a better mousetrap). Exclusive rights to intellectual property are managed via patents and licenses, with patenting being primarily regulated at the national level. Intellectual property rights are the dominant mechanism used in innovation policy, particularly in science. However, myriad modifications and alternatives to intellectual property rights have been proposed and utilized, including patent pooling, intellectual property exchanges and clearing houses, innovation prizes and open-source licenses. The challenges related to competing models of innovation policy present in a fairly consistent manner across most fields of science. However, this paper will focus exclusively on intellectual property rights and models of innovation policy in the context of stem cell science. It is not that the issues themselves are unique in this context, but rather that there are a series of factors that make a discussion of intellectual property rights and models of innovation policy particularly important in the context of stem cell science.

  19. Intellectual Property in the Connected Age.

    Science.gov (United States)

    Skiba, Diane J

    2015-07-01

    Concerns about intellectual property for nursing are becoming increasingly acute as information becomes highly accessible in the digital age. Nurse faculty members need to check policies of the agencies that they work for to evaluate explicit written policies for their protection and full understanding of the agency's rights.

  20. 14 CFR 1274.208 - Intellectual property.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Intellectual property. 1274.208 Section... WITH COMMERCIAL FIRMS Pre-Award Requirements § 1274.208 Intellectual property. (a) Intellectual property rights. A cooperative agreement covers the disposition of rights to intellectual property...

  1. Intellectual Property Gets a Boost

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    China turns IPR protection into a national strategy for economic growth china’s intellectual property rights (IPR) protection authorities signaled they were prepared to shoulder heavier responsibilities in fighting piracy as they processed 828,000 patent

  2. Debates on Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Paula – Angela VIDRAŞCU

    2014-09-01

    Full Text Available This paper supports the understanding of the definition of intellectual property rights and strong connection with intangible assets and, on the other hand, provides a brief presentation of the organizations supporting the protection of such rights. The essential aim of this article is represented by the detailed information obtained as a result of research carried out in order to define, identify and study the application of IPR in general and especially in our country. At the end of the paper I mentioned what involves protecting intellectual property rights and brought little concerned how our country is perceived to protect such rights. Most often, intellectual property is defined as a formal document of title, like a lease, which means that the property is a legal concept distinct from real property that are actually good without concrete material form. Constitute a special category of assets being perceived as an original creation, derived from creative ideas; has or may have a commercial value due to its contribution to earnings for its owner. The need for protection of intellectual property rights has emerged because of the changes in the contemporary society. The aim and purpose of which is to protect human intelligence product and, at the same time, ensuring that consumers benefit from the use of the attributes of this product. Always remember that the violation of intellectual property rights, causes injury to major economic, signifying a strong threat to the consumers health and safety.

  3. Intellectual Property Law as an Internal Limit on Intellectual Property Rights and Autonomous Source of Liability for Intellectual Property Owners

    Science.gov (United States)

    Judge, Elizabeth F.

    2007-01-01

    This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and…

  4. Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements Acceso a antirretrovirales genéricos: desigualdad, derecho de propiedad intelectual y acuerdos comerciales internacionales

    Directory of Open Access Journals (Sweden)

    Arachu Castro

    2007-01-01

    Full Text Available The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.Actualmente diversos países de renta media y baja están creando leyes de propiedad intelectual más rígidas, muchas veces para adaptarse a las exigencias de los tratados de "libre" comercio con los Estados Unidos. Tales medidas suelen incluir dispositivos que transcienden las normas sobre patentes negociadas recientemente en la Organización Mundial del Comercio, que prometían equilibrar las exigencias de la salud pública y las de patentes. Este artículo analiza la preocupación de que este endurecimiento restrinja el acceso a medicamentos esenciales, en particular en el contexto de la pandemia de SIDA. El artículo examina las amenazas potenciales creadas por los tratados comerciales contra los esfuerzos dirigidos para el acceso universal a los

  5. Using Intellectual Property Rights Strategically

    DEFF Research Database (Denmark)

    Reitzig, Markus

    2003-01-01

    With the share of intellectual property among corporate value constantly rising,management's understanding of the strategic use of patents, trademarks, andcopyrights becomes ever more crucial. The vast majority of articles on patent ortrademark strategies, however, is written by and for lawyers...

  6. 39 CFR 501.19 - Intellectual property.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Intellectual property. 501.19 Section 501.19... POSTAGE EVIDENCING SYSTEMS § 501.19 Intellectual property. Providers submitting Postage Evidencing Systems to the Postal Service for approval are responsible for obtaining all intellectual property licenses...

  7. Constitutional Analysis of Intellectual Property

    Directory of Open Access Journals (Sweden)

    AJ van der Walt

    2014-04-01

    Full Text Available This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1 of the Bill of Rights. This is done by examining the Constitutional Court’s dicta relating to the meaning of deprivation and how these inform the meaning of property in the constitutional context. The methodology that the Constitutional Court has formulated to assess if state interference complies with the provisions of section 25 is explained to show the type of state regulation that has been found legitimate. We then consider how this understanding of constitutional property and the state’s legitimate exercise of its inherent police power interact in the setting of intellectual property by contrasting the various policy objectives underlying the different statutory regimes governing intellectual property. This theoretical analysis is then applied to two contemporary examples of feasible state interference with existing intellectual property interests, namely the proposed plain packaging measures which severely restrict the use of tobacco trade marks, and a fair dealing exception allowing the use of copyright works for the purpose of parody. These examples serve to illustrate the context and manner in which intellectual property interests may come before the Court and the necessary differentiation with which these interests should be treated. The appropriate judicial assessment of the true impact that state action could have on vested property interests is explained and contrasted with the balancing exercise that is employed at the earlier stage of policy making. This discussion is concluded by highlighting some of the interpretational issues that will arise and how some constitutional values could be curtailed in the absence of legislative intervention.

  8. Intellectual Property: The Law and Economics Approach

    OpenAIRE

    Posner, Richard A

    2005-01-01

    With the rise of the law and economics movement, the focus of economic analysis of intellectual property has begun to shift to more concrete and manageable issues concerning the structure and texture of the complicated pattern of common law and statutory doctrines, legal institutions and business practices relating to intellectual property. Among the issues discussed in this paper are the length of protection for intellectual property, the rules that allow considerable copying of intellectual...

  9. A philosophical approach to intellectual property rights

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    2000-01-01

    This paper investigates the legitimacy of intellectual property by focusing on three topical issues, viz., the question of indigenous cultural rights, of computer software intellectual rights, and of intellectual property rights to essential drugs. A scheme of different arguments for the legitima...

  10. 32 CFR 37.1310 - Intellectual property.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Intellectual property. 37.1310 Section 37.1310... REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in This Part § 37.1310 Intellectual property. Inventions, data, works of authorship, and other intangible products of intellectual effort...

  11. INTELLECTUAL PROPERTY IN INNOVATIVE ACTIVITY OF CORPORATIONS

    Directory of Open Access Journals (Sweden)

    Miroshnichenko M. A.

    2016-05-01

    Full Text Available The article is devoted to the problems of using nonmaterial, intellectual resources including knowledge and experience of application of intellectual products, innovative capacities of the countries. It is proved that intellectual property is a powerful financial instrument. Forms of protection of scientific and technical achievements are analyzed. The main approaches to activization of protection of intellectual property in innovative activity are considered. This provides minimization of risks in the knowledge-intensive technological productions containing a trade secret

  12. Managing intellectual property to develop medicines for the world's poorest.

    Science.gov (United States)

    Fonteilles-Drabek, Sylvie; Reddy, David; Wells, Timothy N C

    2017-02-24

    It has been argued that patents impede the development and access of medicines for tropical diseases such as malaria. However, we believe that intellectual property can be a key tool to enable timely progression of drug development projects involving multiple partners and to ensure equitable access to successful products.

  13. 10 CFR 603.1285 - Intellectual property.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Intellectual property. 603.1285 Section 603.1285 Energy... Used in this Part § 603.1285 Intellectual property. Patents, trademarks, copyrights, mask works, protected data, and other forms of comparable property protected by Federal law and foreign counterparts....

  14. Internet Access by People with Intellectual Disabilities: Inequalities and Opportunities

    Directory of Open Access Journals (Sweden)

    Chris Fullwood

    2013-07-01

    Full Text Available This review gives an overview of the societal inequalities faced by people with intellectual disabilities, before focusing specifically on challenges people face accessing the Internet. Current access will be outlined along with the societal, support and attitudinal factors that can hinder access. Discussion of carer views of Internet use by people with intellectual disabilities will be covered incorporating consideration of the tension between protection, self-determination and lifestyle issues and gaining Internet access. We will address how impairment related factors may impede access and subsequently discuss how supports may be used to obfuscate impairments and facilitate access. We will move on from this to critically describe some of the potential benefits the Internet could provide to people with intellectual disabilities, including the potential for self-expression, advocacy and developing friendships. Finally, strategies to better include people with intellectual disabilities online will be given along with future research suggestions.

  15. 10 CFR 600.325 - Intellectual property.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Intellectual property. 600.325 Section 600.325 Energy DEPARTMENT OF ENERGY (CONTINUED) ASSISTANCE REGULATIONS FINANCIAL ASSISTANCE RULES Administrative....325 Intellectual property. (a) Scope. This section sets forth the policies with regard to...

  16. Involuntary transfer of Intellectual property

    Directory of Open Access Journals (Sweden)

    Saeed habiba

    2011-07-01

    Full Text Available IPR owners have a right about voluntary transfer but sometimes Intellectual property right transfer by force and thus, there are challenge that this article regard for its. IPR shall be devolved to their legitimate heirs after their death unless, owner indicate otherwise in their wills. The heirs have the exclusive right to exercise economic and moral rights, they decide upon publication of the work and in general do every exploitation. But, they shall exercise The decisive manner that IPR of holder intended before his death. On other hand, IPR may be liable to seizure or IPR have been used in mortgage loan. Thus they can be transfer to new person.Here, we regard to Involuntary transfer.This article highlight subject of involuntary transfer and analysis on aspects

  17. [Intellectual property in natural sciences].

    Science.gov (United States)

    Twardowski, Tomasz

    2008-01-01

    The way from scientific finding through invention to production line and finally to the consument is long and expensive and patent should be taken into account. This is evident because the investment connected with the new application needs clear definition of intellectual property rights. Independently what we personally think about patenting in nature sciences--this is a common practice around the world. The positive and negative parameters of patenting are focus on biotechnology. The development of biotechnology is a cumulative effect of co-operation of several disciplines: biology, biochemistry, chemistry, engineering, genetics, medicines and pharmacy and many more. Between not cited here is law and consequently the needs of cooperation between researchers and lawyers. There are several barriers in this co-operation, for example: nomenclature as well as the way of thinking. These borders could be pass only with intercommunication and cross-understanding. The dialog and transfer of knowledge is a must for understanding the nomenclature, terminology of nature by lawyers and by researchers in case of law. Polish legislation concerning intellectually rights is regulated by the law "Prawo własności przemysłowej" (30 June, 2000; Dz. U. 2003, Nr 119, pos. 1117, with later amendments). This legislation is related to European Union directives and Munich Convention. Accordingly patenting of product and process is possible in Poland. However, the procedure is time and money consuming, particularly in the case of patent submission in several countries. Amendment of the Polish law to biotechnology made possible patenting of living organism and their parts. It is worth to stress that patented inventions can be used free of charge for research and teaching.

  18. Needed: models of biotechnology intellectual property.

    Science.gov (United States)

    Gold, E Richard; Castle, David; Cloutier, L Martin; Daar, Abdallah S; Smith, Pamela J

    2002-08-01

    Although never uncontroversial, intellectual property rights in biotechnological innovation are once more the focus of intense debate. The debate has yet to reach any result, largely because of several important errors in the way that various disciplines approach it. These errors include making assumptions without empirical basis and conflating various intellectual property regimes. What is needed is a transdisciplinary integrated method to correct these errors. Such a method can be implemented through the construction of alternative models of intellectual property protection designed to balance the various social, ethical and economic constraints that affect biotechnology.

  19. Management of intellectual property rights in India: An updated review.

    Science.gov (United States)

    Tiwari, R; Tiwari, G; Rai, A K; Srivastawa, Birendra

    2011-01-01

    The World Trade Organization's agreement on Trade-Related Aspects of Intellectual Property Rights set global minimum standards for the protection of intellectual property, substantially increasing and expanding intellectual property rights, and generated clear gains for the pharmaceutical industry and the developed world. The present review elaborates all aspects of Intellectual Property Rights in detail, along with their protection criteria.

  20. Contemporary intellectual property law and policy

    CERN Document Server

    MacQueen, Hector; Laurie, Graeme; Brown, Abbe

    2011-01-01

    Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law, unrivalled amongst IP textbooks available today. Beyond providing an up-to-date account of intellectual property law, the text examines the complex policies that inform and guide modern IP law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader.

  1. Globalization of Information: Intellectual Property Law Implications

    OpenAIRE

    Nayyer, Kim

    2002-01-01

    The globalization of information, facilitated by the Internet, has significant implications for intellectual property regimes domestically and internationally. Assessment of these implications and their probable outcomes is unavoidably value-driven. Many commentators foresee harmonization of intellectual property laws but some predict disparity in political economy outcomes. Some also see profound effects on sovereignty. A critical review of recent literature on these topics discloses a preva...

  2. Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

    Science.gov (United States)

    Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

    2008-07-01

    Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

  3. Leveraging Old Intellectual Property to Accelerate Technology Entrepreneurship

    Directory of Open Access Journals (Sweden)

    Derek Smith

    2013-06-01

    Full Text Available Acquiring or licensing assets to older technologies, including surviving intellectual property rights, is an often-overlooked viable strategy for accelerating technology entrepreneurship. This strategy can help entrepreneurs short-cut the growth of a customer base, reduce development effort, and shorten the time to market with a minimum viable product. However, this strategy is not without risk; entrepreneurs need to be careful that the acquired intellectual property rights are not fraught with issues that could severely outweigh any perceived value. Proper investigation is required to ensure success because the current literature fails to provide tools that an entrepreneur can apply when considering the acquisition of intellectual property. This article includes a case study of a technology company – Piranha Games – that indirectly acquired sole and exclusive access to a substantial historical customer base by acquiring and licensing older technology and surviving intellectual property assets. The founders then leveraged the existing product brand and its historical customers to acquire significant funding and went global with a minimum viable product in three years. The copyright and trademark assets provided value on day one to Piranha Games by making it difficult and risky for others to exploit the technology. Based on this case study, this article offers recommendations to entrepreneurs who may benefit from acquiring old intellectual property to accelerate the growth of their startups.

  4. Pluralism and Context: Intellectual Property and the Social Understandings of Intellectual Goods

    Science.gov (United States)

    Lenhart, Laura

    2014-01-01

    Intellectual property affects an increasingly large range of social life. Despite the breadth of goods and activities affected by intellectual property schemas, policy-makers, legislators, jurists and even many social theorists have a narrow understanding of the basis for instituting intellectual property rights and understanding their limits:…

  5. INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

    Directory of Open Access Journals (Sweden)

    Valerie Selvie Sinaga

    2013-04-01

    Full Text Available This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such changes in Indonesia. Tulisan ini melihat kembali perubahan-perubahan besar dalam bidang hak kekayaan intelektual di Indonesia setelah tahun 2001. Pada tahun tersebut, Indonesia, yang telah menjadi anggota Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS sejak 1994, siap untuk memenuhi komitmennya dalam TRIPS. Untuk memenuhi komitmen tersebut, Indonesia telah membuat perubahan-perubahan dalam bidang legislatif, administratif, tata cara pengadilan dan penegakan hukum. Tulisan ini juga membahas permasalahan di seputar pelaksanaan perubahan-perubahan tersebut.

  6. Open innovation and intellectual property rights

    DEFF Research Database (Denmark)

    Brem, Alexander; Nylund, Petra A.; Hitchen, Emma L.

    2017-01-01

    Purpose: The purpose of this paper is to study the relationship between open innovation and the use of intellectual property rights (IPRs) in small- and medium-sized enterprises (SMEs). The authors consider patents, industrial designs (i.e. design patents in the USA), trademarks, and copyrights...... sizes highlights the importance of further investigation into IP strategies and into open innovation in SMEs. Practical implications: Industrial designs are currently the most efficient IPR for SMEs to protect their intellectual property in open innovation collaborations. Depending on the company size...

  7. MITIGATING INNOVATION RISKS CONCERNING INTELLECTUAL PROPERTY INSTRUMENTS

    Directory of Open Access Journals (Sweden)

    Andreea DUMITRESCU

    2014-11-01

    Full Text Available As protection of innovation is possible using a variety of intellectual property instruments, the current paper aims at emphasizing the vulnerabilities of these instruments in order to facilitate the right choice in terms of protection, exploitation and dissemination of innovation. Based on a review of the intellectual property instruments and their related risk factors, the study identifies and formulates specific proactive strategies which arise from the fact that an instrument alone does not allow for effective protection, exploitation and dissemination and oftentimes the owners of innovation should combine traditional and alternative instruments. Therefore, the results of this analysis represent a helpful tool for managers in the decisional process.

  8. ACCESS! Teaching Writing Skills to Students with Intellectual Disability

    Science.gov (United States)

    Cannella-Malone, Helen I.; Konrad, Moira; Pennington, Robert C.

    2015-01-01

    The purpose of this article is to provide teachers with tools that they can use to teach written expression to school-age students with intellectual disabilities. These tools are presented around the mnemonic ACCESS: accommodations and assistive technologies, concrete topics, critical skills, explicit instruction, strategy instruction, systematic…

  9. Assessment and Characteristics of Older Adults with Intellectual Disabilities Who Are Not Accessing Specialist Intellectual Disability Services

    Science.gov (United States)

    Dodd, Philip; Guerin, Suzanne; Mulvany, Fiona; Tyrrell, Janette; Hillery, John

    2009-01-01

    Background: Individuals with intellectual disabilities (I.D.) who are not accessing any specialist services are a vulnerable group, especially with advancing age. In Ireland, the National Intellectual Disability Database (N.I.D.D.) records the current and future service needs of people with intellectual disabilities, as well as those individuals…

  10. NPS Patent Office Helps Researchers Safeguard Intellectual Property

    OpenAIRE

    Stewart, Kenneth A.

    2014-01-01

    Associate Council, Intellectual Property Attorney Lisa Norris, and her assistant, Paralegal Kate Black-Will, are an Army of two, with a singular mission to protect the intellectual property of NPS students and faculty.

  11. Who Owns Online Course Intellectual Property?

    Science.gov (United States)

    Kranch, Douglas A.

    2008-01-01

    Faculty develop intellectual property needed for online courses while employed by an academic institution. That institution has a claim on the copyright because the instructional materials developed by the faculty members could be seen as "works for hire." On the other hand, both tradition and case law have seen faculty as the copyright…

  12. Indigenous Research, Publishing, and Intellectual Property

    Science.gov (United States)

    Madsen, Kenneth D.

    2008-01-01

    In this article, the author makes a case for a greater understanding of Native research and how the academy can learn from it to become more sensitive to the concerns of the research constituencies. How academics handle the intellectual property that results from their research is also critical. What they make public and what they decide is better…

  13. 10 CFR 603.550 - Acceptability of intellectual property.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Acceptability of intellectual property. 603.550 Section... AGREEMENTS Pre-Award Business Evaluation Cost Sharing § 603.550 Acceptability of intellectual property. (a... costs associated with intellectual property if the costs are based on sound estimates of market value...

  14. 75 FR 54086 - Global Intellectual Property Academy Program Survey

    Science.gov (United States)

    2010-09-03

    ... . Include ``0651- 00xx Global Intellectual Property Academy Program Survey comment'' in the subject line of..., Program Manager, Global Intellectual Property Academy, United States Patent and Trademark Office, P.O. Box... Global Intellectual Property Academy (GIPA) technical assistance programs. The survey data will...

  15. Data management in academic settings: an intellectual property perspective.

    Science.gov (United States)

    Geller, Lisa

    2010-12-01

    Intellectual property can be an important asset for academic institutions. Good data management practices are important for capture, development and protection of intellectual property assets. Selected issues focused on the relationship between data management and intellectual property are reviewed and a thesis that academic institutions and scientists should honor their obligations to responsibly manage data.

  16. What Every School Should Know about Intellectual Property

    Science.gov (United States)

    Stroder, Rebecca S.

    2006-01-01

    Most institutions aren't aware of their valuable intellectual property, and some believe they have intellectual property when they don't, which can lead to expensive lawsuits or licensing fees. "Intellectual property" generally consists of copyrights, trademarks, and patents. Most familiar is copyright, the statutory protection mechanism for…

  17. Drug patents and intellectual property rights.

    Science.gov (United States)

    Raj, Gerard Marshall; Priyadarshini, Rekha; Mathaiyan, Jayanthi

    2015-04-01

    Inquisitive scientists are untiring and relentless in the hard work they perform day in and day out. In this pursuit, a researcher has to exercise their intellectual expertise in its entirety. Eventually, all credit of the invention is vested with the inventor who has the right of control over their intellectual creation. Likewise, pharmaceutical companies spend extravagantly in successfully introducing a novel drug from hundreds and thousands of lead compounds. Hence, it is a prerogative for every company to protect its innovative products from unauthorized duplication. Certainly, "patents" are the sole custodians of these products of medical intelligence - the drugs! This review focuses on the various intricacies of the drug patent system all over the world with special emphasis on India, Europe, and the United States. A note on other intellectual properties such as copyrights, trademarks, and designs is also added.

  18. Global health and Brazilian foreign policy: the negotiations on innovation and intellectual property.

    Science.gov (United States)

    Lima, Jordão Horácio da Silva

    2017-07-01

    Since the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) came into effect, Brazil, like other developing countries, has become more assertive in multilateral negotiations and begun to argue that the present international system of intellectual property should be better adapted to its needs and interests. In doing so, the country has emphasized that intellectual property is not a subject exclusively associated with trade, but also with public health and human rights. This paper discusses the activity of the Brazilian government in multilateral negotiations that involve public health, innovation and intellectual property. The conclusion from looking at Brazil's diplomatic activity in this area is that Brazil has been a protagonist in this debate, seeking solutions that mitigate the adverse effect of the present international intellectual property system on access to drugs, and other medical technologies, in the developing countries.

  19. Changing drug markets under new intellectual property regimes: the view from Central America.

    Science.gov (United States)

    Godoy, Angelina Snodgrass; Cerón, Alejandro

    2011-07-01

    The intellectual property rules inscribed in the Central American Free Trade Agreement have generated concern about access to medicines. We examined the implementation of the new intellectual property regime by tracking the policies and practices in place across 4 Central American countries. Although all 4 were responding to the same requirements under the agreement, their implementation of intellectual property rules differed. Not only were institutional practices different, but the lists of drugs to which intellectual property protection was applied varied in both volume and content. We also found that even without the influence of intellectual property, drug pricing in the region was often unpredictable and that lower cost was not the only motivation driving governments' purchasing decisions.

  20. Secure management of the Intellectual Property in the Cloud

    Directory of Open Access Journals (Sweden)

    Octavian Mihai Machidon

    2014-09-01

    Full Text Available The development of distributed computing systems – and especially cloud computing – has raised new vulnerability challenges regarding intellectual property (IP generated by moving client’s data to the cloud infrastructure. Sensitive data is thus located at a remote facility, where clients are not granted full control and administrative access, generating critical concerns about the security of their intellectual property. This paper proposes an approach based on securing the IP in the cloud using reconfigurable hardware architectures – FPGA (Field Programmable Gate Array-based System-on-Chip (SoC: IP elements being integrated in the programmable logic as IP cores, benefiting from the security and management of on-chip integrated IP modules. Also, by transcending the cloud computing model from macro- to micro-structures, integrated IP cores gain a higher degree of adaptability and can be easily interconnected using Network-on-Chip architectures.

  1. Intellectual property protection of pharmaceutical products and processes

    Directory of Open Access Journals (Sweden)

    Ilić-Stojanović Snežana S.

    2003-01-01

    Full Text Available The role of intellectual property is significantly increasing within new international economic and commercial relationships. Intellectual capital is being increasingly recognised as one of the most important domains belonging to the greatest and the most powerful world companies. Intellectual property protection is a complex category and it comprises legal, technical and economical-financial aspects.

  2. 15 CFR 296.11 - Intellectual property rights and procedures.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Intellectual property rights and... TECHNOLOGY INNOVATION PROGRAM General § 296.11 Intellectual property rights and procedures. (a) Rights in... participants of the joint venture, including the principles governing the disposition of intellectual...

  3. International Geneva: intellectual property under the spotlight

    CERN Multimedia

    Antonella Del Rosso

    2015-01-01

    On 17 July, the Director-General of the World Intellectual Property Organization (WIPO), Francis Gurry, will present his organisation to CERN people. You are invited to take part and discover the UN’s specialised agency for services, policy, information and cooperation relating to intellectual property.   This is the third in the “International Geneva comes to CERN” series of seminars, which presents other Geneva-based international organisations to CERN’s internal audience. In his seminar, Gurry will discuss how WIPO finds the right balance between the interests of innovators and the wider public and how the IP system aims to foster an environment in which creativity and innovation can flourish. In 2010, CERN and WIPO signed a collaboration agreement designed to strengthen the partnership between the two organisations. The agreement focused on four main areas for cooperation, namely: capacity building, awareness raising and knowledge sharing; tra...

  4. Robotics: Breakthrough Technologies, Innovation, Intellectual Property

    OpenAIRE

    Andrew Keisner; Julio Raffo; Sacha Wunsch-Vincent

    2016-01-01

    Robotics technology and the increasing sophistication of artifi cial intelligence are breakthrough innovations with signifi cant growth prospects. Th ey have the potential to disrupt existing socio-economic facets of everyday life. Yet few studies have analysed the development of robotics innovation. Th is paper closes this gap by analysing current developments in innovation in robotics; how it is diff used, and what role is played by intellectual property (IP). Th e paper argues that robotic...

  5. Essays on intellectual property rights policy

    OpenAIRE

    Hackett, Petal Jean

    2012-01-01

    This dissertation will take a theoretical approach to analyzing certain challenges in the design of intellectual property rights (`IPR') policy. The first essay looks the advisability of introducing IPR into a market which is currently only very lightly protected - the US fashion industry. The proposed Innovative Design Protection and Piracy Prevention Act is intended to introduce EU standards into the US. Using a sequential, 2-firm, vertical differentiation framework, I analyz...

  6. Introduction to intellectual property rights for investigators in health research and institutional intellectual property policy.

    Science.gov (United States)

    Shemdoe, Georges S

    2009-11-01

    The concept of Intellectual Property (IP) in the domain of technology has assumed enhanced importance and the subject matter has attracted more interest with time. As the world moves towards a knowledge-based economy, where wealth creation is no longer based on the capital investment per se, but rather more and more on the brainpower and ability to create, Intellectual Property has become an integral part of world business and a major source for wealth creation and economic growth (ARIPO, 2002). In recognizing the importance of IPR, African Malaria Network Trust (AMANET) has decided to include a module of intellectual property rights in its Health Research Ethics Training Courses for Investigators. This paper is introducing the subject of IP to investigators in health research so that they are able to recognize its importance as IP creators and utilizers of the IP system.

  7. Intellectual Property Rights and The Classroom: What Teachers Can Do

    Science.gov (United States)

    Falcon, Raymond

    2010-01-01

    Intellectual property rights restrict teachers' and students' ability to freely explore the intellectual realms of the classroom. Copyright laws protect the author and their work but disable other intellectuals from investigating probable learning environments. This paper will look at key issues where educational institutions are conflicting with…

  8. Intellectual Property Rights Protection in Peer to Peer Networks

    Science.gov (United States)

    Stylios, Georgios; Tsolis, Dimitrios

    Peer to Peer Networks are oftenly used by internet users to share and distribute digital content (images, audio and video) which is in most of cases protected by the Intellectual Property Rights (IPR) legislation. This fact threatens e-inclusion and Internet democracy as a whole as it forces organizations to block access to valuable content. This paper claims that IPR protection and P2P can be complementary. Specifically, a P2P infrastructure is presented which allows broad digital content exchange while on the same time supports data and copyright protection through watermarking technologies.

  9. University Faculty and the Value of Their Intellectual Property: Comparing IP in Teaching and Research

    Science.gov (United States)

    Hentschke, Guilbert C.

    2017-01-01

    This chapter describes the protectionist and access functions of intellectual property for the teaching and research work of university faculty. The degree to which an individual piece of IP is protected or made accessible to others depends in large measure on its market-related characteristics, including costs of production, availability of…

  10. Teaching of intellectual property: mapping the global network of academies

    OpenAIRE

    2012-01-01

    This article focuses on a research developed to map the main characteristics of existing Academies of Intellectual Property which are linked to the Global Network on Intellectual Property Academies – (GNIPA), examining their organizational structure, mission, activities and achieved results. The creation of IP Academies happens in a context in which intellectual property and innovation are recognized as key elements for economic competitiveness. The present paper should offer relevant informa...

  11. Trusted Module Acquisition Through Proof-Carrying Hardware Intellectual Property

    Science.gov (United States)

    2015-05-22

    hardware intellectual property (PCHIP) framework, which aims to ensure the trustworthiness of third-party hardware IPs utilizing formal methods. We...published in non peer-reviewed journals: Final Report: Trusted Module Acquisition Through Proof-Carrying Hardware Intellectual Property Report Title By...borrowing ideas from the proof carrying code (PCC) in software domain, in this project we introduced the proof carrying hardware intellectual property

  12. The growing complexity of international policy in intellectual property.

    Science.gov (United States)

    Gurry, Francis

    2005-01-01

    Intellectual property has historically been a self-contained policy at the international level. With the introduction of the TRIPs Agreement in 1994 and developments since the conclusion of the TRIPs Agreement, the relationship between intellectual property policy and other areas of public policy has become much more complex and interactive. This shift reflects the centrality of intellectual property in the knowledge economy, the rapid development of enabling technologies, notably the Internet and biotechnology, and the advent of the networked society. The consequences of this shift are manifold and herald the increased sophistication and complexity that may be expected of intellectual property regimes in the knowledge economy.

  13. Intellectual property and regulation of functional foods

    Directory of Open Access Journals (Sweden)

    Petrović Slobodan D.

    2012-06-01

    Full Text Available Today, there exist scientific evidences that functional foods have favorable physiological and psychological effects as well as additional functions in relation to health, apart from the basic nutritional effects, thus offering the potential of enhance health or reduced the risk of diseases. Since interest in this category of foods has increased, new products have appeared as well as the need to introduce and set up standards and guidelines for the development and promotion of such foods. Technological development in this area and involvement of great multinationals in research investment and development of new products have reinforced the importance of the intellectual property rights, especially of patent protections and trademarks.

  14. AVS Intellectual Property Rights (IPR) Policy

    Institute of Scientific and Technical Information of China (English)

    Cliff Reader

    2006-01-01

    The AVS Workgroup has developed an IPR Policy to facilitate the adoption of standards in the marketplace.The policy is based on consideration of IPR issues in parallel with the technical work for drafting the standard. The paper describes the relationship between IPR and the standard, and how the goals for the standard must be complemented by goals for the IPR. The existing IPR policies of the ITU and ISO are outlined, and then the AVS IPR policy is described,organized by its three main components: commitment to license on declared basic terms, disclosure of intellectual property,and protection of IPR.

  15. NATURE OF INTELLECTUAL PROPERTY INSURANCE AND ITS ROLE IN MODERN ECONOMY

    Directory of Open Access Journals (Sweden)

    V. Bazylevych

    2015-03-01

    Full Text Available Article is devoted to theoretical analysis of nature and mechanism of intellectual property insurance. Types of intellectual property relations and its role in public reproduction are investigated. Peculiarities of intellectual property relations are considered. Classification of intellectual property objects depending on their most essential features is analyzed. Different approaches to classification of intellectual property subjects are considered. Nature and preconditions of origin of intellectual property insurance are investigated. Goals and functions of intellectual property insurance are specified. Risks that related to disposal and commercialisation of intellectual property and connected with peculiarities of intellectual property objects and growing rate of intellectual property rights infringements are analyzed. Three groups of risks concerning disposal and commercialization of intellectual property objects are singled out: risks related to loss or abridgement of intellectual property rights; risks related to possible losses, contingencies and half-received profits connected with commercialization of intellectual property objects; risks of professional responsibility of participants of intellectual property market. On the basis of analysis of hands-on experience four types of intellectual property insurance are investigated: insurance of intellectual property rights; liability insurance of the intellectual property subjects; professional liability insurance of participants of intellectual property market; liability insurance of the contractors concerning intellectual property disposal. Factors that restrains development of intellectual property insurance in Ukraine are analyzed.

  16. Nature of intellectual property insurance and its role in modern economy

    OpenAIRE

    V. Bazylevych; Virchenko, V.

    2015-01-01

    Article is devoted to theoretical analysis of nature and mechanism of intellectual property insurance. Types of intellectual property relations and its role in public reproduction are investigated. Peculiarities of intellectual property relations are considered. Classification of intellectual property objects depending on their most essential features is analyzed. Different approaches to classification of intellectual property subjects are considered. Nature and preconditions of origin of int...

  17. Is the Non-rivalrousness of Intellectual Objects a Problem for the Moral Justification of Economic Rights to Intellectual Property?

    Science.gov (United States)

    Varelius, Jukka

    2015-08-01

    It is often argued that the fact that intellectual objects-objects like ideas, inventions, concepts, and melodies-can be used by several people simultaneously makes intellectual property rights impossible or particularly difficult to morally justify. In this article, I assess the line of criticism of intellectual ownership in connection with a central category of intellectual property rights, economic rights to intellectual property. I maintain that it is unconvincing.

  18. Who owns the Atoms? Nanotechnology and Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Tomás Javier Carrozza

    2015-05-01

    Full Text Available In Latin America, under the premise of enhancing economic competitiveness, there has been an exponential increase in investments in the development of nanotechnologies. In this context, the discussion about intellectual property rights with regards to nanotechnology is increasingly central to public debates. However, in comparison with the attention that this issue has attracted in both public and private contexts, there has been little academic analysis published on property rights and nanotechnology. This article problematizes the application of property rights in the development of nanotechnologies through a critical literature review of the existing literature on the topic. From this analysis, the key issue of the restrictions imposed on the application of patents on ‘first generation’ products is analyzed. This question pits those who claim rights to royalties to recoup R and D investments made to develop these technologies against those who argue for open access to science and technology.

  19. A Short Introduction to Intellectual Property Rights.

    Science.gov (United States)

    Voss, Trina; Paranjpe, Arvin S; Cook, Travis G; Garrison, Nicole D W

    2017-06-01

    Intellectual property (IP) is a term that describes a number of distinct types of intangible assets. IP protection allows a rightsholder to exclude others from interfering with or using the property right in specified ways. The main forms of IP are patents, copyrights, trademarks, and trade secrets. Each type of IP protection is different, varying in the subject matter that can be covered, timeframe of protection, and total expense. Although some inventions may be covered by multiple types of IP protection, it is important to consider a number of business and legal factors before selecting the best protection strategy. Some technologies require strong IP protection to commercialize, but unnecessary costs can derail bringing a product to market. IP departments of organizations weigh these various considerations and perform essential IP protection functions. This primer introduces researchers to the main forms of IP and its legal aspects. Copyright © 2017 Elsevier Inc. All rights reserved.

  20. Adapting Building Design to Access by Individuals with Intellectual Disability

    Directory of Open Access Journals (Sweden)

    L Castell

    2012-11-01

    Full Text Available Over the last 15 years, since introductionof the Disability Discrimination Act (DDA(Commonwealth Government of Australia,1992, there has been much discussionabout the extent and nature of buildingaccess for the disabled, particularly inresponse to proposed revisions to theBuilding Code of Australia (BCA and theintroduction of a Premises Standardcovering building access. Much of theargument which contributed to the twoyear delay in submitting a final version ofthese documents for government approvalrelated to the extent of access provisionsand the burden of cost. The final versionsubmitted to government by the AustralianBuilding Codes Board (ABCB (notreleased publicly appears to still containinconsistencies between the DDA and theBCA in several areas such as wayfindingand egress.In the debate preceding submission of thefinal version there appears to have beenlittle reference to access requirements forindividuals with intellectual disability (ID.This may be due to a general lack ofresearch on the topic. Consequently, thispaper uses a combination of theknowledge gained from a limited numberof previous wayfinding studies, literaturedescribing general problems faced bythose with ID and the author’s personalexperience observing others with ID tocreate a list of probable difficulties andsuggested solutions. The paperconcludes with a discussion about theassociated cost implications and benefitsin providing the required access.

  1. Intellectual Property Rights and Agro-Biotechnology: Limitations and Alternatives

    Directory of Open Access Journals (Sweden)

    Mary Luz Yaya-Lancheros

    2008-11-01

    Full Text Available Intellectual property rights have led to stimulating innovation in different fields such as biotechnology. Patents, plant variety protection, industrial secrets and material transfer agreements are legal terms individually and/or collectively protecting materials or processes deemed necessary for agricultural-biotech product development. Such terms may often accumulate to such an extent that this hinders a product’s development and commercial release. Some current initiatives are aimed at facilitating access to basic technology for agricultural-biotech product development, including public organisation cooperation networks, requests for special licences for humanitarian programmes and open access projects. These may be good short-and medium-term alternatives for carrying out biotechnological research in countries like Colombia.

  2. 76 FR 60114 - Section 306 Monitoring of Paraguay: Memorandum of Understanding on Intellectual Property Rights...

    Science.gov (United States)

    2011-09-28

    ... successfully entered into a Memorandum of Understanding on Intellectual Property Rights. USTR subsequently... enforcement of intellectual property rights. Dates: Submissions from the general public and foreign... ``Paraguay Memorandum of Understanding on Intellectual Property Rights'' in the ``Type comment'' field...

  3. Intellectual Property in "College English"--and English Studies

    Science.gov (United States)

    DeVoss, Danielle Nicole

    2013-01-01

    In this review, I look back to the first issue of College English, and then across the years to trace the ways in which "Intellectual Property" (and this distinction from intellectual property is important) has been addressed by authors in the pages of the journal. I distinguish two periods of time marked by different approaches to IP issues, and…

  4. Intellectual Property and Higher Education: Challenges and Conflicts

    Science.gov (United States)

    Van Dusen, Virgil

    2013-01-01

    Intellectual property has become a highly coveted asset that can potentially reap a financial windfall for the owner who exploits its utility. Higher education has focused on the discovery of new knowledge, which can translate into intellectual property, but legislation, higher education policy, and/or contractual engagement may dictate ownership…

  5. The Amazing Diversity Framework of the Intellectual Property Rights Harmonisation

    NARCIS (Netherlands)

    P. Kleve (Pieter); C. van Noortwijk; R.V. Mulder de

    2006-01-01

    textabstractIn this paper, a number of EU directives in the field of intellectual property will be discussed. It will be argued that, for example, the harmonisation of the intellectual property rights with respect to ‘chips’, software and databases, as well as the attempt to create a more general ha

  6. Intellectual Property: What Do Teachers and Students Know?

    Science.gov (United States)

    Starkey, Louise; Corbett, Susan; Bondy, Ann; Davidson, Susan

    2010-01-01

    As society changes from an industrial to a knowledge era increasing importance and value is being placed on intellectual property rights. Technology teachers need to have pedagogical content knowledge of intellectual property if they are to incorporate it into their learning programmes to enable students to consider how to respect others'…

  7. 15 CFR 290.9 - Intellectual property rights.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Intellectual property rights. 290.9 Section 290.9 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade NATIONAL... THE TRANSFER OF MANUFACTURING TECHNOLOGY § 290.9 Intellectual property rights. (a) Awards under...

  8. Legal-Ease Intellectual Property Issues in China

    Institute of Scientific and Technical Information of China (English)

    CHRIS; DEVONSHIRE-ELLIS

    2006-01-01

    Intellectual property is very much an emotive issue when it comes to China, and there are many misconceptions or misunderstandings about the subject and how to cope with intellectual property when it comes to "the China issue." Let's examine some of the more common mistakes:

  9. Essjay's "Ethos": Rethinking Textual Origins and Intellectual Property

    Science.gov (United States)

    Brown, James J., Jr.

    2009-01-01

    Discussions of intellectual property are often the focus of rhetoric and composition research, and the question of textual origins grounds these discussions. Through an examination of Wikipedia, the online encyclopedia anyone can edit, this essay addresses disciplinary concerns about textual origins and intellectual property through a discussion…

  10. Intellectual Property in "College English"--and English Studies

    Science.gov (United States)

    DeVoss, Danielle Nicole

    2013-01-01

    In this review, I look back to the first issue of College English, and then across the years to trace the ways in which "Intellectual Property" (and this distinction from intellectual property is important) has been addressed by authors in the pages of the journal. I distinguish two periods of time marked by different approaches to IP issues, and…

  11. Maori intellectual property rights and the formation of ethnic boundaries

    NARCIS (Netherlands)

    Meijl, A.H.M. van

    2009-01-01

    This article questions and contextualizes the emergence of a discourse of intellectual property rights in Māori society. It is argued that Māori claims regarding intellectual property function primarily to demarcate ethnic boundaries between Māori and non-Māori. Māori consider the reinforcement of e

  12. Intellectual property law and genetic health care.

    Science.gov (United States)

    Markward, N J

    2000-12-01

    This article provides a basic analysis of intellectual property law, the treatment of genetic information under Title 35 of the United States Code, the controversies surrounding patenting of genetic sequences and related products, and the effects that restriction of information may have on the quality of health care in the United States. In addition, this piece addresses technology transfer and historical developments in public policy that have influenced patent trends. The intended product is not a rigorous review of the scientific or legal literature, as the included cases have been cited elsewhere to accentuate the same points. However, the compact format of the material should be especially valuable for physicians and health personnel who might not have been exposed to these issues as part of their formal professional training.

  13. The Implications of Incumbent Intellectual Property Strategies for Open Source Software Success and Commercialization

    Science.gov (United States)

    Wen, Wen

    2012-01-01

    While open source software (OSS) emphasizes open access to the source code and avoids the use of formal appropriability mechanisms, there has been little understanding of how the existence and exercise of formal intellectual property rights (IPR) such as patents influence the direction of OSS innovation. This dissertation seeks to bridge this gap…

  14. The Implications of Incumbent Intellectual Property Strategies for Open Source Software Success and Commercialization

    Science.gov (United States)

    Wen, Wen

    2012-01-01

    While open source software (OSS) emphasizes open access to the source code and avoids the use of formal appropriability mechanisms, there has been little understanding of how the existence and exercise of formal intellectual property rights (IPR) such as patents influence the direction of OSS innovation. This dissertation seeks to bridge this gap…

  15. Poverty, health & intellectual property rights with special reference to India.

    Science.gov (United States)

    Satyanarayana, K; Srivastava, S

    2007-10-01

    This paper examines the nexus between poverty and global health with specific focus on IPR protection and attempts to highlight the current global endeavours to overcome barriers to access to medicines for diseases of the poor. The number of very poor people in the world has increased by 10.4 per cent between 1987 and 2001 to 2735 million. India is now home to the largest number of millionaires in the developing countries. But over 800 million Indians who still survive on Rs 20.0 (US$0.5) a day, and rural poverty is on the rise. The link between poverty and health is well established with the underprivileged are more vulnerable to major health risks due to poor nutrition, inadequate access to clean drinking water, sanitation, exposure to indoor smoke, etc. all of which contribute to the huge and growing burden of disease in the poor countries. The global disease burden is not just huge but growing: over 10 million children die of preventable conditions including vaccine-preventable diseases, about 14 million are killed by infectious diseases every year, 90-95 per cent in poor countries. An estimated third of global population has limited or no access to essential medicines. While the number of poor and unhealthy is growing, Government expenditure on health is dwindling. Many of the diseases of the poor require new medicines and none are forthcoming as there is little R&D for these infections. There are several barriers to access to existing and the newly discovered drugs. One major reason is the general lack of interest by the pharma industry to discover new medicines for diseases of the poor due to very limited market in developing countries. In addition, global intellectual property rights (IPR) protection regimes like the Trade Related Intellectual Property Rights (TRIPS) are considered a major obstacle for the poor access to medicines. There have been some global initiatives on the need to improve affordability and accessibility of medicines. Some strategies to

  16. An assessment of prominent proposals to amend intellectual property regimes using a human rights framework

    Directory of Open Access Journals (Sweden)

    Cristian Timmermann

    2014-12-01

    Full Text Available A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: to benefit from one’s own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination.

  17. China Takes Strict Measures on Intellectual Property Right

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    @@ The Supreme People's Court and Supreme People's Procuratorate of the People's Republic of China have issued "Judicial Explanations on Handling the Criminal Cases of Infringing the Intellectual Property Right", which entered into force on December 22,2004.

  18. Perceptions of the Risks and Benefits of Internet Access and Use by People with Intellectual Disabilities

    Science.gov (United States)

    Chadwick, Darren D.; Quinn, Sally; Fullwood, Chris

    2017-01-01

    Background: Information and communication technologies, with the Internet at the forefront, have the potential to enhance the knowledge, service, employment, development and social interactional opportunities available to people with intellectual disabilities. Despite this, people with intellectual disabilities are not accessing the Internet to…

  19. THE MAIN METHODICAL APPROACHES TO MANAGEMENT OF INTELLECTUAL PROPERTY

    Directory of Open Access Journals (Sweden)

    Nikolay N. Samojlenko

    2013-01-01

    Full Text Available In the given article questions of management of intellectual property on the basis of using the system, innovative, information and reproduction, process and marketing approaches are considered. Peculiar features of each methodical approach to management are defined, the interrelation of the offered approaches to management is allocated and strategy of development of the modern enterprises on the basis of effective use of results of innovative activity and intellectual property is designated.

  20. Patenting Nanomedicines Legal Aspects, Intellectual Property and Grant Opportunities

    CERN Document Server

    Souto, Eliana B

    2012-01-01

    "Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities" focuses on the fundamental aspects of Patenting Nanomedicines applied in different "Drug Delivery and Targeting Systems". The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions

  1. APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Cornelia DUMITRU

    2015-07-01

    Full Text Available The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property and common forms (i.e. public property. The common law property defines appropriation as „a deliberate act of acquisition of something, often without the permission of the owner”, but the intellectual property rights do not protect goods. Particularly in this case „the object” of appropriation does not represent a „res nullius” simply because the intellectual property right arises from the act of creation, therefore the appropriation of somebody else’s creation becomes equivalent with stealing (plagiarism. Consequently, if we are to admit that the authors have a right of ownership over them, then ownership in intellectual property law has (it must have other manifestations than those known and accepted in the common law of property.

  2. APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Cornelia DUMITRU

    2015-12-01

    Full Text Available The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property and common forms (i.e. public property. The common law property defines appropriation as „a deliberate act of acquisition of something, often without the permission of the owner”, but the intellectual property rights do not protect goods. Particularly in this case „the object” of appropriation does not represent a „res nullius” simply because the intellectual property right arises from the act of creation, therefore the appropriation of somebody else’s creation becomes equivalent with stealing (plagiarism. Consequently, if we are to admit that the authors have a right of ownership over them, then ownership in intellectual property law has (it must have other manifestations than those known and accepted in the common law of property.

  3. Research on Intellectual Property Conflicts Identification in Knowledge Transferring among EC Enterprises

    Science.gov (United States)

    Su, Shibin

    As the lacks of existing research about intellectual property conflicts management of EC enterprise, the paper analysis the intellectual property conflicts in knowledge transferring among EC enterprises by intellectual property types, then, the paper makes research on intellectual property conflicts identification in knowledge transferring among EC enterprises, and gives relative assumption, meanwhile, the paper makes quantities identification of intellectual property conflicts in knowledge transferring among EC enterprises by evidential theory, finally, the paper gives the further research orientations.

  4. Intellectual Property at the Firm-Level in the UK: The Oxford Firm-Level Intellectual Property Database

    OpenAIRE

    Christian Helmers; Mark Rogers

    2011-01-01

    This paper provides an overview of a new database that contains intellectual property data - in the form of patents and trademarks - for the population of firms registered in the UK. The paper discusses the principal challenges involved in the construction of this integrated database and provides an explanation of the approach taken to address these issues. We employ the integrated dataset to provide descriptive evidence on the firm-level use of intellectual property - including patents and t...

  5. Intellectual Innovation or Intellectual Retrofitting: On Agency, Culture and Access to Science Education

    Science.gov (United States)

    Brown, Bryan A.

    2009-01-01

    A great challenge in education research involves the difficulty of differentiating between studies that apply commonly understood theoretical perspectives and recognizing studies that merely rename old theoretical frameworks. This conflict between intellectual innovation and intellectual retrofitting emerges as central to Basu, Calabrese-Barton,…

  6. Protecting intellectual property associated with Canadian academic clinical trials--approaches and impact.

    Science.gov (United States)

    Ross, Sue; Magee, Laura; Walker, Mark; Wood, Stephen

    2012-12-27

    Intellectual property is associated with the creative work needed to design clinical trials. Two approaches have developed to protect the intellectual property associated with multicentre trial protocols prior to site initiation. The 'open access' approach involves publishing the protocol, permitting easy access to the complete protocol. The main advantages of the open access approach are that the protocol is freely available to all stakeholders, permitting them to discuss the protocol widely with colleagues, assess the quality and rigour of the protocol, determine the feasibility of conducting the trial at their centre, and after trial completion, to evaluate the reported findings based on a full understanding of the protocol. The main potential disadvantage of this approach is the potential for plagiarism; however if that occurred, it should be easy to identify because of the open access to the original trial protocol, as well as ensure that appropriate sanctions are used to deal with plagiarism. The 'restricted access' approach involves the use of non-disclosure agreements, legal documents that must be signed between the trial lead centre and collaborative sites. Potential sites must guarantee they will not disclose any details of the study before they are permitted to access the protocol. The main advantages of the restricted access approach are for the lead institution and nominated principal investigator, who protect their intellectual property associated with the trial. The main disadvantages are that ownership of the protocol and intellectual property is assigned to the lead institution; defining who 'needs to know' about the study protocol is difficult; and the use of non-disclosure agreements involves review by lawyers and institutional representatives at each site before access is permitted to the protocol, significantly delaying study implementation and adding substantial indirect costs to research institutes. This extra step may discourage sites from

  7. INTELLECTUAL PROPERTY RIGHTS (IPRS AND MECHANISMS FOR INTELLECTUAL PROPERTY PROTECTION (IPP: A REVIEW

    Directory of Open Access Journals (Sweden)

    Rahul Dogra*, Vijay Dhiman and Nipun Gupta

    2012-11-01

    Full Text Available We have experienced a growing importance of intellectual capital and intangible assets and an increased tendency for firms and public institutions to privatize, by the use of patents or copyrights, their knowledge assets and creative expressions. Because control over the use of an intellectual property right (IPR requires ownership or a licence, the growing importance of knowledge-based assets and creative expressions has been accompanied by recognition that patents and copyrights represent strategic assets for those who own and control them. It is therefore not surprising that, in recent years, the pace at which individuals, firms and the public sector are using IPRs to privatize knowledge-based assets and creative expressions has been accelerating. This trend has been enhanced by the view of many industry, government and international agencies that the privatization of the intellectual capital and knowledge-based assets of individuals and firms provides many advantages (for example, competitive advantage, and we have seen an increased enforcement of IPR regimes worldwide. Protection of undisclosed information is least known to players of IPR and also least talked about, although it is perhaps the most important form of protection for industries, R&D institution and agencies dealing with IPR. Undisclosed information generally known as trade secrets or confidential information includes formula, pattern, compilation, programme, device, method, technique or process. Protection of undisclosed information or trade secret is not really new to humanity; at every stage of development people have evolved methods to keep important information secret, commonly by restricting the knowledge to their family members.

  8. Protecting intellectual property associated with Canadian academic clinical trials - approaches and impact

    Directory of Open Access Journals (Sweden)

    Ross Sue

    2012-12-01

    Full Text Available Abstract Intellectual property is associated with the creative work needed to design clinical trials. Two approaches have developed to protect the intellectual property associated with multicentre trial protocols prior to site initiation. The ‘open access’ approach involves publishing the protocol, permitting easy access to the complete protocol. The main advantages of the open access approach are that the protocol is freely available to all stakeholders, permitting them to discuss the protocol widely with colleagues, assess the quality and rigour of the protocol, determine the feasibility of conducting the trial at their centre, and after trial completion, to evaluate the reported findings based on a full understanding of the protocol. The main potential disadvantage of this approach is the potential for plagiarism; however if that occurred, it should be easy to identify because of the open access to the original trial protocol, as well as ensure that appropriate sanctions are used to deal with plagiarism. The ‘restricted access’ approach involves the use of non-disclosure agreements, legal documents that must be signed between the trial lead centre and collaborative sites. Potential sites must guarantee they will not disclose any details of the study before they are permitted to access the protocol. The main advantages of the restricted access approach are for the lead institution and nominated principal investigator, who protect their intellectual property associated with the trial. The main disadvantages are that ownership of the protocol and intellectual property is assigned to the lead institution; defining who ‘needs to know’ about the study protocol is difficult; and the use of non-disclosure agreements involves review by lawyers and institutional representatives at each site before access is permitted to the protocol, significantly delaying study implementation and adding substantial indirect costs to research institutes

  9. "The Fruits of Intellectual Labor": International Student Views of Intellectual Property

    Science.gov (United States)

    Datig, Ilka; Russell, Beth

    2015-01-01

    In this paper, we report on the results of a study conducted at New York University Abu Dhabi in the fall of 2013. Our goal in the study was to gain a global college student perspective on issues related to intellectual property, including copyright and plagiarism. We found that, contrary to popular opinion, most of our students have a solid…

  10. "The Fruits of Intellectual Labor": International Student Views of Intellectual Property

    Science.gov (United States)

    Datig, Ilka; Russell, Beth

    2015-01-01

    In this paper, we report on the results of a study conducted at New York University Abu Dhabi in the fall of 2013. Our goal in the study was to gain a global college student perspective on issues related to intellectual property, including copyright and plagiarism. We found that, contrary to popular opinion, most of our students have a solid…

  11. Intellectual Property Rights and Responsibilities: The State and the Text.

    Science.gov (United States)

    Willinsky, John

    1990-01-01

    Draws from literary and theoretical works to discuss the idea of written text as intellectual property. Examines the legal, economic, and moral issues surrounding books and writing. Reviews concepts of liability, imitation, plagiarism, property rights, and, in particular, the historical and contemporary responsibilities incurred in writing. (DMM)

  12. Intellectual property in consumer electronics, software and technology startups

    CERN Document Server

    Halt, Jr , Gerald B; Stiles, Amber R; Fesnak, Robert

    2014-01-01

    This book provides a comprehensive guide to procuring, utilizing and monetizing intellectual property rights, tailored for readers in the high-tech consumer electronics and software industries, as well as technology startups.  Numerous, real examples, case studies and scenarios are incorporated throughout the book to illustrate the topics discussed.  Readers will learn what to consider throughout the various creative phases of a product’s lifespan from initial research and development initiatives through post-production.  Readers will gain an understanding of the intellectual property protections afforded to U.S. corporations, methods to pro-actively reduce potential problems, and guidelines for future considerations to reduce legal spending, prevent IP theft, and allow for greater profitability from corporate innovation and inventiveness. • Offers a comprehensive guide to intellectual property for readers in high-tech consumer electronics, software and technology startups; • Uses real case studies...

  13. Intellectual property and financing strategies for technology startups

    CERN Document Server

    Halt, Jr , Gerald B; Stiles, Amber R; Fesnak, Robert

    2017-01-01

    This book offers a comprehensive, easy to understand guide for startup entities and developing companies, providing insight on the various sources of funding that are available, how these funding sources are useful at each stage of a company’s development, and offers a comprehensive intellectual property strategy that parallels each stage of development. The IP strategies offered in this book take into consideration the goals that most startups and companies have at each stage of development, as well as the limitations that exist at each stage (i.e., limited available resources earmarked for intellectual property asset development), and provides solutions that startups and companies can implement to maximize their return on intellectual property investments. This book also includes a number of descriptive examples, case studies and scenarios to illustrate the topics discussed, and is intended for use by startups and companies across all industries. Readers will garner an appreciation for the value that inte...

  14. [Essential medicines and the TRIPS Agreement: collision between the right to health and intellectual property rights].

    Science.gov (United States)

    Allard Soto, Raúl

    2015-03-01

    The strengthening of pharmaceutical patent protection globally puts strains on access to essential medicines. According to the present paper, this process has led to the collision of the intellectual property rights adopted in the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the right to health stated in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Several controversies disputed in the WTO illustrate the confrontation between countries with a powerful pharmaceutical industry and the interests of developing countries. It is concluded that the TRIPS-plus rules subscribed to by developing countries in free trade agreements which give the pharmaceutical patent holder more rights than those stipulated in the original TRIPS Agreement are incompatible with the obligations to provide access to essential medicines under the right to health of the ICESCR.

  15. Improving access to electronic health records for people with intellectual disability: a qualitative study.

    Science.gov (United States)

    van Dooren, Kate; Lennox, Nick; Stewart, Madeline

    2013-01-01

    People with intellectual disability represent ~2-3% of the Australian population and experience elevated rates of mortality and morbidity compared with the general population. People with intellectual disability, and their families and carers, must keep track of extensive medical information while also managing turnover of paid staff, general practitioners and other health professionals, making them beneficiaries of Australia's new eHealth record system. Although they are key users, there is a lack of knowledge about the accessibility of the system for individuals with intellectual disability, or those responsible for managing their health information. This is a missed opportunity to improve the lives of an already overlooked group. This study aimed to identify the facilitators and barriers to registering for an eHealth record network for people with intellectual disability and those supporting them to manage their health information. We interviewed potential users of eHealth records, including four people with intellectual disability, three family members and two residential support workers. Our findings suggest that decision-makers involved in the roll-out of the eHealth record networks should incorporate 'reasonable accommodations' to improve accessibility for people with intellectual disability and those who support them to manage their health information. This includes identifying and eliminating the barriers to accessibility of eHealth records and taking appropriate measures to promote access to individuals with intellectual disability. People with intellectual disability and the people who support them are a diverse group with a range of abilities. The translation of their views into practice will help to improve the eHealth system for this and other vulnerable population groups.

  16. Synthetic biology and intellectual property rights: six recommendations.

    Science.gov (United States)

    Minssen, Timo; Rutz, Berthold; van Zimmeren, Esther

    2015-02-01

    On 26th November 2013, the Danish Agency for Science, Technology and Innovation organized an expert meeting on "Synthetic Biology & Intellectual Property Rights" in Copenhagen sponsored by the European Research Area Network in Synthetic Biology (ERASynBio). The meeting brought together ten experts from different countries with a variety of professional backgrounds to discuss emerging challenges and opportunities at the interface of synthetic biology and intellectual property rights. The aim of this article is to provide a summary of the major issues and recommendations discussed during the meeting.

  17. Intellectual property management and commercialisation of forest genetic resources

    CSIR Research Space (South Africa)

    Verryn, SD

    2008-07-01

    Full Text Available Intellectual Property (IP) management and commercialisation: the IP should have significant value; it should be effectively delivered to the market; and possession of the IP should be maintained by the inventor. Considering the first criterion, in South... stream_source_info Verryn_2008.pdf.txt stream_content_type text/plain stream_size 2994 Content-Encoding UTF-8 stream_name Verryn_2008.pdf.txt Content-Type text/plain; charset=UTF-8 Intellectual property management...

  18. Theory of intellectual property. Fundations on philosophy, law and economics

    Directory of Open Access Journals (Sweden)

    David Felipe Álvarez Amézquita

    2015-06-01

    Full Text Available Intellectual property as any branch of law has several dimensions. Two traditional are: practical and theoretical. In the first patents are granted or registration certificates of works are requested, among many other procedures where no doubt there are ambiguities that deserve clarification. In the second the fundamentals are analyzed and criticized in search of articulation without adherence to procedural questions. However, after a review of the expert literature, we find that the latter dimension of intellectual property (IP has little literature. This article analyzes and articulates the most important foundations available in philosophy, law and economics on IP, helping to consolidate the theoretical dimension on the subject.

  19. The Mainland,Hong Kong and Macao Intellectual Property Symposium 2003

    Institute of Scientific and Technical Information of China (English)

    Our; Correspondent

    2004-01-01

    The Mainland,Hong Kong SAR and Macao SARIntellectual Property Symposium 2003,jointlysponsored by the State Intellectual Property Office ofChina,the Hong Kong SAR Intellectual PropertyDepartment,Macao SAR Economic Services,washeld at the China Intellectual Property Training Centrein Beijing from 11-12 December 2003.Over 140

  20. The ethics of intellectual property rights in an era of globalization.

    Science.gov (United States)

    Shah, Aakash Kaushik; Warsh, Jonathan; Kesselheim, Aaron S

    2013-01-01

    Since the 1980s, developed countries, led by the United States and the countries of the European Union, have sought to incorporate intellectual property rights provisions into global trade agreements. These countries successfully negotiated the World Trade Organization's 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which required developing countries to adopt intellectual property provisions comparable to developed countries. In this manuscript, we review the policy controversy surrounding TRIPS and examine the two main ethical arguments articulated in its support--a theory of natural rights and a utilitarian argument. We contend that these theories provide insufficient bases for an intellectual property rights regime that compromises access to essential medicines in the developing world. While the policy community has engaged in active debate around the policy effects of TRIPS, scholars have not thoroughly considered the full ethical underpinnings of those policy arguments. We believe that a more robust understanding of the ethical implications of the agreement should inform policy discussions in the future.

  1. Plants genetic manipulation: an approach from intellectual property.

    Science.gov (United States)

    Ruiz, Anisley Negrin; Rivero, Lazaro Pino

    2013-01-01

    From the end of the 20th century the Biotechnology has experimented a vertiginous advance so far, putting on approval concepts like bio-security and bioethics; becoming this way, the work with the genome of the plants, in a matter is worthy to be reconsidered by the juridical mark that regulates it, in order to moderate the norm to the new scientific context. The Intellectual Property, when recognizing patent rights on products that have incorporate biological material, as well as to the obtainer about the new vegetable varieties obtained, could mean an obstacle that impedes or hinder the access from the society to that product or that variety. In the same way is worthy of consideration, the fact that such products or varieties can be a risk for the human health or the Environment, and a monopoly of commercial exploitation for the holder of the patent or of the obtainer certificate. This study is about this topic; and valuation about aspects of Biotechnology related with the genome of the plants and their juridical protection, in the international sand as well in Cuba.

  2. 75 FR 25883 - China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for...

    Science.gov (United States)

    2010-05-10

    ... From the Federal Register Online via the Government Publishing Office INTERNATIONAL TRADE COMMISSION China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for... Commission (Commission) instituted investigation No. 332-514, China: Intellectual Property...

  3. Investigations regarding the importance of acknowledging the impact of specific intellectual property risks

    National Research Council Canada - National Science Library

    Ramona Pakocs; Nouras Barbu Lupulescu

    2016-01-01

      The research is dedicated to a study regarding the level of importance given to specific intellectual property risks by Romanian managers and the levels of importance of different intellectual property protection forms...

  4. Intellectual property protection for brand Jamaica’s creative industries

    Directory of Open Access Journals (Sweden)

    Keisha LaRaine Ingram

    2014-10-01

    Full Text Available Since the last decade, strategies employed by governments to manage their country brands have evolved beyond tourism marketing techniques. It is quite commonplace now for most governments to hire marketing specialists to design and implement county brand campaigns and policies to promote country brands globally to attract foreign direct investment into that country. Whether it is the arts-based “creative industry” or an “enterprise culture”, these features have evolved to become the drivers of profit in global markets, and give each nation a “competitive edge” over other nations in regards to their national brand. Country brand management is integral for the successful development of industry sectors and is also dependent on good country image. For Brand Jamaica one such industry is the creative industries sector. Brand Jamaica’s creative industries are mostly comprised of the branded tourism accommodations, atmosphere, heritage and culture as well as the indigenous music and recordings of local artistes and singers. For the development of this sector which currently contributes to Jamaica GDP it is interpreted that enforced intellectual property will play a key role especially in the promoting of the brand online. Good management of country brands creative industries involves good business acumen on protecting and developing that sector as it is vital towards translating the intangible wealth of developing countries into economic growth. Enforced intellectual property protection for Brand Jamaica’s music, arts, theatrical productions and creative expressions ultimately lessen the occurrence of infringements of the brand’s assets, piracy and production of counterfeit goods and services produces, while creating future possibilities in cyberspace.Purpose – as a source of unlimited supply of intellectual property, Brand Jamaica requires formal management of those assets especially in the creative industries sector that the brand

  5. Barriers in health care access faced by children with intellectual disabilities living in rural Uttar Pradesh

    Directory of Open Access Journals (Sweden)

    Jubin Varghese

    2015-09-01

    Full Text Available Purpose: People with disability in rural India face multiple barriers accessing healthcare; our hypothesis is that children with intellectual disability suffer the same but little is known about the barriers faced by them. The objectives of the study were to identify the health seeking behaviours of families with children with intellectual disabilities and the barriers they faced accessing healthcare. Methods: This qualitative study involved interviewing caregivers of children with intellectual disability from a pre-existing community development project in the Sahadoli Kadim block of rural Uttar Pradesh. Semi-structured interviews were also conducted with the local practitioners frequented by these caregivers. Results: Barriers identified were grouped under cognitive, structural and financial barriers which were found to be consistent with the Health Care Access Barrier Model (Carrillo, et al., 2011; WHO, 2011. Cognitive barriers included caregivers being unable to identify the complex health needs of their children. Caregivers lacked appropriate knowledge of intellectual disability, with doctors failing to educate them. Structural and financial barriers encompassed poor availability of healthcare providers and contributed to poor access to specialists. Caregivers had no information about government financial aid and healthcare providers did not refer them to these. Conclusion: Children with intellectual disabilities are forced to live with a poor quality of life because of cognitive, structural and financial barriers they face in accessing health care. Results are specific to children with intellectual disability in rural Sahadoli Kadim and could be used to inform policies and strategies to reduce disparities in health care access for these children.

  6. An Overview of Intellectual Property and Intangible Asset Valuation Models

    Science.gov (United States)

    Matsuura, Jeffrey H.

    2004-01-01

    This paper reviews the economic models most commonly applied to estimate the value of intellectual property and other forms of intangible assets. It highlights the key strengths and weaknesses of these models. One of the apparent weaknesses of the most commonly used valuation models is the failure to incorporate legal rights into their…

  7. Towards an Intellectual Property Rights Strategy for Innovation in Europe

    NARCIS (Netherlands)

    Radauer, Alfred; Rodriguez, Victor

    2009-01-01

    On October 13, 2009 the Science and Technology Options Assessment Panel (STOA) together with Knowledge4Innovation/The Lisbon Forum, supported by Technopolis Consulting Group and TNO, organised a half-day workshop entitled ‘Towards an Intellectual Property Rights Strategy for Innovation in Europe’. T

  8. Intellectual Property Rights: Governing Cultural and Educational Futures

    Science.gov (United States)

    Kapitzke, Cushla

    2006-01-01

    This article uses Nikolas Rose's theory of governmentality to examine ways in which intellectual property is imbricated in a broad spectrum of globalised and globalising discourses. Using the 2004 Australia-United States Free Trade Agreement as a case in point, it shows how discourses of culture, trade, foreign policy, and security intersect and…

  9. Developments in Intellectual Property and Traditional Knowledge Protection

    Science.gov (United States)

    Anderson, Jane

    2009-01-01

    In order to protect indigenous/traditional knowledge, intellectual property law must be leveraged in a way that is responsive to the dynamic inter-relationships between law, society and culture. Over the last decade, increased attention to Indigenous concerns has produced a wealth of literature and prompted recognition of the diverse needs of…

  10. Protecting Student Intellectual Property in the Entrepreneurial Classroom

    Science.gov (United States)

    Wright, Sarah L.; Katz, Jerome A.

    2016-01-01

    While universities are intensely protective of revenue streams related to intellectual property interests for the institution and professors, the financial and legal interests of students in the entrepreneurial process have largely been overlooked. This lack of attention, both in universities and in the literature, is intriguing given the…

  11. Knowledge diffusion from FDI and intellectual property rights

    NARCIS (Netherlands)

    Smeets, R.; de Vaal, A.

    2011-01-01

    We study the extent to which a country's strength of Intellectual Property Rights (IPR) protection mediates knowledge spillovers from Foreign Direct Investment (FDI). Following the opposing views in the IPR debate, we propose a negative effect of IPR strength on unintentional horizontal

  12. The evolution of intellectual property strategy in innovation ecosystems

    DEFF Research Database (Denmark)

    Holgersson, Marcus; Granstrand, Ove; Bogers, Marcel

    2017-01-01

    In this article, we attempt to extend and nuance the debate on intellectual property (IP) strategy, appropriation, and open innovation in dynamic and systemic innovation contexts. We present the case of four generations of mobile telecommunications systems (covering the period 1980...

  13. R&D Collaboration with Uncertain Intellectual Property Rights

    DEFF Research Database (Denmark)

    Czarnitzki, Dirk; Hussinger, Katrin; Schneider, Cédric

    - uncertain intellectual property rights (IPR) lead to reduced collaboration between firms and may hinder the production of knowledge. This has implications for technology policy as R&D collaborations are exempt from anti-trust legislation in order to increase R&D in the economy. We argue that a functional...... IPR system is needed for successful utilization of this policy....

  14. Intellectual property rights, international trade and plant breeding

    NARCIS (Netherlands)

    Eaton, D.J.F.

    2013-01-01

    Seed is the physical embodiment of the invention of the plant breeder. Plant varieties thus constitute a special form of innovation, and an assessment of intellectual property right (IPR) systems needs to take this into account. This thesis concentrates on IPRs but breeders do have a number of means

  15. An overview of intellectual property rights in relation to agricultural ...

    African Journals Online (AJOL)

    An overview of intellectual property rights in relation to agricultural biotechnology. ... and promises a number of important benefits, such as improving agricultural ... to develop new genetically modified (GM) technologies and products, stronger ... IPRs are woven into innovations, enable entrepreneurship and they allow the ...

  16. Venture Capital: relations with the economy and intellectual property

    NARCIS (Netherlands)

    A.G.B. de Vries (Geertjan)

    2013-01-01

    textabstractThis thesis analyses venture capital (VC) investments under changing economic conditions and in relation to start-ups’ intellectual property (IP) filings. Studying the impact of the 2000-2001 dot-com crisis and the 2008-2009 financial crisis, the first part of this thesis investigates ho

  17. Intellectual Property Strategies of Multinational Companies Patenting in China

    DEFF Research Database (Denmark)

    Wolfram, Pierre; Schuster, Gerd; Brem, Alexander

    2014-01-01

    systems in those countries are mostly not able to effectively protect intellectual property rights of multinational companies. Still, we observe the phenomenon of a strongly increasing rate of technology patenting in countries with weak appropriability regimes. This article studies patenting strategy...... clustering reveals the existence of five patent strategy archetypes of companies patenting in economies with weak appropriability regimes....

  18. Analysis of Intellectual Property Protection Issues in Offshore Outsourcing

    Science.gov (United States)

    Singh, Satinder Pal

    2013-01-01

    Offshore outsourcing is a business strategy that involves contracting with a partner who can take over certain aspects of a company's business, such as information technology (IT) functions, in the interests of efficiency and cost savings. The purpose of this study was to analyze the intellectual property protection issues to achieve a better…

  19. Analysis of Intellectual Property Protection Issues in Offshore Outsourcing

    Science.gov (United States)

    Singh, Satinder Pal

    2013-01-01

    Offshore outsourcing is a business strategy that involves contracting with a partner who can take over certain aspects of a company's business, such as information technology (IT) functions, in the interests of efficiency and cost savings. The purpose of this study was to analyze the intellectual property protection issues to achieve a better…

  20. Accessible Website Content Guidelines for Users with Intellectual Disabilities

    NARCIS (Netherlands)

    Karreman, Joyce; Geest, van der Thea; Buursink, Esmee

    2007-01-01

    Background: The W3C Web Accessibility Initiative has issued guidelines for making websites better and easier to access for people with various disabilities (W3C Web Accessibility Initiative guidelines 1999). - Method: The usability of two versions of a website (a non-adapted site and a site that wa

  1. 75 FR 30060 - China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U...

    Science.gov (United States)

    2010-05-28

    ... COMMISSION China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S... investigation No. 332-519, China: Effects of Intellectual Property Infringement and Indigenous Innovation...: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects...

  2. 76 FR 76389 - Extension of Comment Period Regarding Comments on Intellectual Property Enforcement in China

    Science.gov (United States)

    2011-12-07

    ... USPTO published a Request for Comments on Intellectual Property Enforcement in China. See 76 FR 64075... judiciary; and the State Intellectual Property Office (SIPO). In regard to the former, concerns over China's..., Under Secretary of Commerce for Intellectual Property and Director of the United States Patent...

  3. 76 FR 7681 - Establishment of the Intellectual Property Enforcement Advisory Committees

    Science.gov (United States)

    2011-02-11

    ... of the Intellectual Property Enforcement Advisory Committees By the authority vested in me as... Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110-403)(15 U.S.C..., trademarks, trade secrets, and other forms of intellectual property, both in the United States and...

  4. 15 CFR 295.8 - Intellectual property rights; publication of research results.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Intellectual property rights... EXTRAMURAL PROGRAMS ADVANCED TECHNOLOGY PROGRAM General § 295.8 Intellectual property rights; publication of... intellectual property, but shall not, in the exercise of such license, publicly disclose...

  5. 76 FR 64075 - Request for Comments on Intellectual Property Enforcement in China

    Science.gov (United States)

    2011-10-17

    ... United States Patent and Trademark Office Request for Comments on Intellectual Property Enforcement in... States, U.S. rights holders are increasingly seeking to protect and enforce their intellectual property... White House Intellectual Property Enforcement Coordinator (IPEC), has conducted a series of...

  6. 32 CFR 37.550 - May I accept intellectual property as cost sharing?

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false May I accept intellectual property as cost... Cost Sharing § 37.550 May I accept intellectual property as cost sharing? (a) In most instances, you should not count costs of patents and other intellectual property (e.g., copyrighted material,...

  7. MECHANICAL DEVELOPMENT OF THE INTELLECTUAL PROPERTY IN CHINA AND RUSSIAN: SIMILARITIES AND DIFFERENCES

    Directory of Open Access Journals (Sweden)

    Zhong Qi

    2013-01-01

    Full Text Available The article deals with the development of a mechanism of intellectual property rights in China. There is the same state of the system of intellectual property protection in China and Russia. This work paper identifies several similarities and differences between the Russian and Chinese protective system of intellectual property.

  8. 75 FR 60408 - Government Programs To Assist Businesses Protect Their Intellectual Property Rights (IPR) in...

    Science.gov (United States)

    2010-09-30

    ... programs for protecting the intellectual property rights of U.S. businesses, including Small- and Medium.... businesses that are: 1. Acquiring intellectual property rights in foreign markets; 2. Contemplating exporting.... businesses facing barriers related to intellectual property rights protection and enforcement in...

  9. Research and Suggestions on the Coordinated Management and Protection of Intellectual Property in China

    Institute of Scientific and Technical Information of China (English)

    ChenMeizhang

    2003-01-01

    From two aspects of intellectual property management, namely the subject and the object,this article discusses the development and im-provement of intellectual property system in China and the gap and problems existed compared with developed countries. Based on this, the issue ofhow to improve the coordinated management of intellectual property is studied and the relevant proposals are put forward.

  10. Intellectual property rights: An overview and implications in pharmaceutical industry.

    Science.gov (United States)

    Saha, Chandra Nath; Bhattacharya, Sanjib

    2011-04-01

    Intellectual property rights (IPR) have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc. Patent is a recognition for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial application. IPR is prerequisite for better identification, planning, commercialization, rendering, and thereby protection of invention or creativity. Each industry should evolve its own IPR policies, management style, strategies, and so on depending on its area of specialty. Pharmaceutical industry currently has an evolving IPR strategy requiring a better focus and approach in the coming era.

  11. Private Rights Absorbed in Quasi-public Goods: A probe into the Relationship of Intellectual Property Rights and Standardization

    Institute of Scientific and Technical Information of China (English)

    Wang Xiumei

    2008-01-01

    Standards are a double edge sword and have come to be the main technical tariff and a window for market access to international trade. Standards are closely related to intellectual property, especially patents. The essence of intellectual property in standardization lies in the fact that standards are a kind of quasi-public good, while patents are essentially private property. The absorption of patents into standards creates an opportunity for a patent holder to take advantage by making a profit. To prevent the abuse of patents in standards by the patent holder, SDOs (Standards Development Organizations) have to adjust the disclosure policies of the standards in patents.

  12. NATURE OF INTELLECTUAL PROPERTY RELATIONS AND ITS ROLE IN A PUBLIC REPRODUCTION

    Directory of Open Access Journals (Sweden)

    V. Virchenko

    2013-08-01

    Full Text Available Article is devoted to theoretical analysis of nature and structure of intellectual property relations. Types of intellectual property relations and its role in public reproduction are investigated. Peculiarities of intellectual property relations are considered. Two groups of approaches to classification of intellectual property objects are analysed: classification of objects depending on its characteristics which is based on the analysis of their most essential features, specificity of their protection, features of realisation of the property and non-property rights; classification on the basis of various minor criterions which do not reveal nature and character of objects but at the same time allow to divide them into groups according to concrete tasks of research. Necessity of defining of incorporeal objects of intellectual property which cannot be labelled as objects of copyright, industrial property or branding tools is proved. Criteria of classification of party’s to intellectual property relations are investigated. The subject structure of intellectual property relations according to the legislation of Ukraine is defined. New approaches to classification of party’s to intellectual property relations depending on their role in relations of intellectual property and their economic functions are offered, which allow to embrace as much as possible all participants of intellectual property relations, consider their role in the process of commercialisation, and draw attention to subjects which carry out regulating and mediatorial functions on the intellectual property market.

  13. ""Moby-Dick" Is My Favorite:" Evaluating a Cognitively Accessible Portable Reading System for Audiobooks for Individuals with Intellectual Disability

    Science.gov (United States)

    Davies, Daniel K.; Stock, Steven E.; King, Larry R.; Wehmeyer, Michael L.

    2008-01-01

    Significant barriers exist for individuals with intellectual disability to independently access print-based content. It is regrettable that, while the amount of content now available electronically increases, tools to access these materials have not been developed with individuals with intellectual disability in mind. This article reports the…

  14. Questionnaire Research and Development of Self-motivating Education Method Using Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Yoshihiro Deguchi

    2012-10-01

    Full Text Available It may be no exaggeration to say that the intellectual contribution gains an important position in the Japanese economic strategy. In regard to the intellectual property, most of the attention focuses on creation and protection of intellectual property. However, education on intellectual properties is important as a long-term strategy to form a solid foundation of creative human resources. Especially, the active education is necessary to cultivate the student independent creativity.

  15. Impact of Intellectual Property in National and Business Development under the Context of the Current Globalization

    Directory of Open Access Journals (Sweden)

    Stalin Ballesteros García

    2016-12-01

    Full Text Available The objective of the document is to show the impact of the intellectual property on the national and enterprise development in the globalization context since the early twenty-first century. First, it is a historical telling of the intellectual property and its role in the international society; then outlining the arguments to infer the incidence degree of the intellectual property in the economic development of countries and then discussing the inclusion impact of concepts directly related to the intellectual property in business growth activities. It concludes with a reflection on the Colombian situation, in public and private context, in terms of intellectual property.

  16. Disparities in Access to Substance Abuse Treatment among People with Intellectual Disabilities and Serious Mental Illness

    Science.gov (United States)

    Slayter, Elspeth M.

    2010-01-01

    People with intellectual disabilities (ID) have experienced increasing levels of community participation since deinstitutionalization. This freedom has facilitated community inclusion, access to alcohol and drugs, and the potential for developing substance abuse (SA) disorders. People with ID, who are known to have high rates of co-occurring…

  17. Promoting global health: utilizing WHO to integrate public health, innovation and intellectual property.

    Science.gov (United States)

    Mackey, Tim K; Liang, Bryan A

    2012-12-01

    The appropriate role of innovation and intellectual property (IP) in global public health is a controversial issue. Discussion is one-sided, with potential benefits advocated by industry in stark contrast to condemnation by certain civil society players. WHO's Public Health, Innovation and Intellectual Property Department (PHI) was established to address healthcare resource need for developing countries, assess impact of innovation and IP on access to medicines, explore innovative funding mechanisms for R&D and provide evidence-based policy-making recommendations in response to the changing global health landscape. Importantly, PHI could represent a potential forum to bridge shared, yet often diverse, interests and opportunities between various public and private stakeholders, a crucial issue for ensuring the future viability of WHO.

  18. The increasing importance of Intellectual Property in Transfusion Medicine.

    Science.gov (United States)

    Hardie, Ian D; Rooney, Catherine

    2011-08-01

    The Scottish National Blood Transfusion Service (SNBTS) originated in Edinburgh in the 1920's by dentist Jack Copland. Since that time the scope of Transfusion Medicine has broadened significantly to accommodate advances in technologies such as cell isolation, culture and manipulation. Many transfusion services, including SNBTS, now provide expertise both in the traditional field of blood transfusion and the newer, wider field of human cell (including 'adult' and embryonic stem cells) and tissue procurement and culture - in all the new science of "regenerative medicine". This paper describes the importance of Intellectual Property in the provision of Transfusion Medicine today and provides guidance on the management of Intellectual Property so that advances in the field have the best chance of successful translation into clinical practice.

  19. Licensing Strategies of the Entreprising - But Vulnerable - `Intellectual property' Vendors

    DEFF Research Database (Denmark)

    Davis, Lee N.

    This paper investigates in an exploratory manner the licensing strategies pursued by firms whose business model is based on developing and licensing out their intellectual property rights (IPRs). These are not traditional suppliers, since they do not engage in production or commercialization....... On this basis, four main licensing strategies are identified. We investigate the relative benefits and costs of these four strategies, and the factors affecting licensing choices.Key words: Intellectual property, licensing, strategyJEL Codes: O31, OO34...... be differentiated along two main dimensions: whether the driving force behind the inventive process is "technology push" or "market pull", and the degree to which the innovative activities carried out by the IP vendor are mutually dependent upon the innovative activities of the other relevant market players...

  20. Managing Intellectual Property in Bilateral S&T Cooperation

    Institute of Scientific and Technical Information of China (English)

    YUE Lin; YAN Wenjun

    2011-01-01

    @@ On May 26 and 27, 2011, the 2nd Sino-US S&T Strategic Policies Meeting and Workshop on Managing Intellectual Property (IP) was held in Beijing.Jointly organized by the Chinese Academy of Sciences (CAS), the Chinese Academy of Engineering (CAE), the US National Academy of Science (NAS) and the US National Academy of Engineering (NAE), the meeting & workshop was hosted by the CAS Bureau of International Cooperation and the CAS Graduate University.It provided an opportunity for both sides to exchange views on S&T strategic policies, especially laws, regulations, measurements and practices on intellectual property management.This was the first time that the meeting & workshop comes to China after the first session of such a meeting & workshop was held in US in 2009.

  1. Intellectual property and innovation in agriculture and health

    OpenAIRE

    2008-01-01

    Intellectual property has come to assume an ever more important role in modern societies, whose development is associated with technological progress and the creative and entrepreneurial capacity of individuals and businesses. The present and future vector of development is innovation in all its dimensions – including the reinvention of the life styles of wealthy societies whose expansion is clearly unsustainable. In this sense, the present work’s purpose is to demonstrate that Brazil has cre...

  2. Licensing Strategies of the Enterprising - but Vulnerable - "Intellectual Property" Vendors

    OpenAIRE

    Lee Davis

    2006-01-01

    This paper investigates in an exploratory manner the licensing strategies pursued by firms whose business model is based on developing and licensing out their intellectual property rights (IPRs). These are not traditional suppliers, since they do not engage in production or commercialization, but focus solely on invention. While considerable anecdotal evidence exists about these IP vendors, there has been no systematic investigation of how they use licensing to appropriate value from their in...

  3. Intellectual Property Rights, A Key Concern Among International Businesses

    Institute of Scientific and Technical Information of China (English)

    LUOYUANJUN

    2005-01-01

    IN recent years, China has made tremendous efforts in its fight to prelect intellectual property rights (IPR) and its crackdown on copyright infringements, In 2004 alone, more than 85 million pirated commodities were comfiscated; 653 people were jailed for IPR infringements, and the Supreme People's Court lowered the threshold to file a lawsuit against IPR violations from US $24,000 to US $6,000.

  4. A True Partnership for Stronger Intellectual Property Protection in China

    Institute of Scientific and Technical Information of China (English)

    Audrey GUO

    2011-01-01

    @@ From 2007 to 2011, the EU-China IPR2 Project reports successful cooperation between EU and China, according to a closing ceremony held by the EU-China IPR2 cooperation project on the protection of Intellectual Property on July 15, 2011 in Beijing the presence of 13 ministries and enforcement agencies to commemorate the successful completion of over 200 technical assistance and training activities across China.

  5. Intellectual Property Rights in India: Significance of Patents

    OpenAIRE

    Y, Srinivasa Rao

    2014-01-01

    This paper highlights an overview of Intellectual Property Rights (IPRs) in India and their trends. Importantly, patents have played a key role in changing national and global innovation landscape.The IPR trends during 2003-13, the approved rate of designs (87.38%) and trademarks registrations (65.54%) were significantly higher than the granted patents (22.06%) in India. Though, the patents (63.26%) have generated huge revenues than the designs, trademarks and GIs over last dec...

  6. Sinopec Attaches Great Importance to Intellectual Property Right Protection

    Institute of Scientific and Technical Information of China (English)

    Mu Hongyan

    2007-01-01

    @@ Based on developing and improving the intellectual property rights protection system, Sinopec has been leading the domestic enterprises for IPR protection.China Petrochemical Corporation (Sinopec Group) and China Petroleum and Chemical Corporation (Sinopec Corp.) have together made application for the Chinese patent for 1007 items in 2006, of which 948 were patented, while they have made application for foreign patents for 97 items, of which 61 were patented.

  7. Theory of intellectual property. Fundations on philosophy, law and economics

    OpenAIRE

    David Felipe Álvarez Amézquita; Óscar Eduardo Salazar; Julio César Padilla Herrera

    2015-01-01

    Intellectual property as any branch of law has several dimensions. Two traditional are: practical and theoretical. In the first patents are granted or registration certificates of works are requested, among many other procedures where no doubt there are ambiguities that deserve clarification. In the second the fundamentals are analyzed and criticized in search of articulation without adherence to procedural questions. However, after a review of the expert literature, we find that the latter d...

  8. Intellectual Property Management in Organizations. A Review of Recent Literature

    OpenAIRE

    Lis-Gutiérrez, Jenny-Paola

    2013-01-01

    This paper makes a review of the literature on the intellectual property management (IPM) in organizations. The sources of the documentation reviewed are Scopus, Emerald, SciELO and SSRN indexed papers. This exploration includes works published from 2003 given that Hanel (2004) developed a comprehensive review of practices in IPM. This paper analyzes the relationship in the literature among IPM, organizations and Universities, as well as some case studies in the United States, China, Japan, E...

  9. An overview of pharmaceutical cocrystals as intellectual property.

    Science.gov (United States)

    Trask, Andrew V

    2007-01-01

    This review article focuses on the interaction among certain scientific, legal, and regulatory aspects of pharmaceutical crystal forms. The article offers an analysis of pharmaceutical cocrystals as patentable inventions by drawing upon recent scientific developments in the field. Several potential commercial advantages of pharmaceutical cocrystals are highlighted, and a number of recent court decisions involving salient issues are summarized. The article provides an outlook on how the developing field of cocrystallization may impact the pharmaceutical intellectual property landscape.

  10. Plagiarism Detection: Keeping Check on Misuse of Intellectual Property

    OpenAIRE

    Mathur, Iti; Joshi, Nisheeth

    2012-01-01

    Today, Plagiarism has become a menace. Every journal editor or conference organizers has to deal with this problem. Simply Copying or rephrasing of text without giving due credit to the original author has become more common. This is considered to be an Intellectual Property Theft. We are developing a Plagiarism Detection Tool which would deal with this problem. In this paper we discuss the common tools available to detect plagiarism and their short comings and the advantages of our tool over...

  11. Protection of Intellectual Property and its Economic Aspects

    Directory of Open Access Journals (Sweden)

    Lenka Pelegrinová

    2016-09-01

    Full Text Available Intellectual property as assets in intangible form is classified in most countries under the definitions of the TRIPS Agreement and PCT according to the manner of its protection. This article presents results of an analysis of relationship between the protection of intellectual property rights at certain globalization level and verification of their influence on economic indicators in the selected countries of the research sample – 32 countries of a similar intellectual property protection system under the PCT. An examination of the level of globalization as a quantitative marker was enabled by the KOF Index of Globalization. The time and cross-sectional data enabled to test 352 objections by applying a non-parametric statistical method – panel data regression with the effect of random cross-sectional variables. The conclusions show that there is a statistically significant probability of the relation between the quantity of registered patents and the level of gross domestic product, gross domestic product per capita and adjusted net national income.

  12. Cultural Heritage and Collective Intellectual Property Rights

    OpenAIRE

    Santilli, Juliana

    2006-01-01

    The inventive and creative processes of communities are often collective and the use of information, ideas and resources generated on the basis of such collective processes are broadly shared. Therefore, the concept of property rights belonging to one or more identifiable individuals is alien and contrary to the values and concepts of such societies and its adoption could foster a dissocia...

  13. Institutional Responses on Strengthened Intellectual Property Rights in Agriculture and Needs' Assessment on Intellectual Property Management of Public Research Institutions in Asian Developing Countries

    Science.gov (United States)

    Payumo, Jane; Grimes, Howard

    2011-01-01

    Intellectual property rights (IPRs) are being introduced or strengthened in developing countries as a result of international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO). This study conducted a web-based survey to gain perspective on the impact of IPRs to…

  14. Intellectual property education exemplified by the patents on the CRISPR/Cas9 system.

    Science.gov (United States)

    Fan, Xiangyu; Liao, Guojian; Xie, Jianping

    2014-12-01

    With the accelerated globalization of the world economies, the role of intellectual property in the the competition is increasingly important. The universities are important base to instill the intellectual property awareness to the young generation. However, current model of intellectual property education cannot meet the needs of undergraduates. In this paper, we take the first patent issued for CRISPR/Cas9 system as a teaching example, and together with personal teaching experience in biomedicine related intellectual property, we propose a new way for intellectual property education which consists of two stages: enlightenment stage and in-depth training stage. In the former stage, we integrate the intellectual property education with the basic major courses. In the latter stage, students are encouraged to devote into intellectual property related career. This model can somehow solve the the current shortage of qualified teachers for biotechnology related intellectual property education and will facilitate the popularization of intellectual property in college students. Since genetics plays a pivotal role in biomedicine, this effort is illustrated by the novel genome editing technology based on the CRISPR/Cas9 system, which is one hotspot of recent studies. The trajectory of CRISPR/Cas9 from basic microbial genetics discovery to major tools for genome editing exeplified the essence of biomedicine related intellectual property education.

  15. IMPACT OF INTELLECTUAL PROPERTY RIGHTS ON THE MUSIC AND FILM PIRACY: A GENERAL STUDY

    Directory of Open Access Journals (Sweden)

    PARUL BAJPAI

    2011-01-01

    Full Text Available Film makers, musicians, writers, cinematographers, singers, choreographer…..without copyrights, none of these occupations could claim remuneration. But because culture must be accessible to the greatest number, UNESCO, WTO, WIPO are engaged in seeking the right balance between the interests of the artist and those of the general public. The new techniques of pirating musical recording or DVD’s however, are threatening this fragile equilibrium. This paper presents an overview of the current scenario of music and film piracy in different parts of the world. Intellectual property right is working as a global protector to protect rights of original creator, authors etc.

  16. Considerations about Intellectual Property Rights, Innovation and Economic Growth in the Digital Economy

    Directory of Open Access Journals (Sweden)

    Carmen Nadia CIOCOIU

    2011-12-01

    Full Text Available Three technological trends—the omnipresence of information in digital form, the generalised use of computer networks, and the rapid proliferation of the World Wide Web—have profound implications for the way intellectual property (IP is created, distributed, and accessed by every sector of society. In the last ten years much discussion of these issues has occurred in the literature and political and legislative domain. The information infrastructure offers an extraordinary ease of access to a vast array of information and peril for information to be reproduced inappropriately and for information access to be controlled in new and problematic ways. IPR regimes affect the diffusion of scientific knowledge, the innovation process and, ultimately, economic performance. Information technology raised some problems regarding the protection of intellectual property and drived to the discovery of a large number of solutions during past years. This paper’s purpose is to reveal what is the situation regarding IPR protection, economic growth and innovation in Romania, in the context of digital economy.

  17. Management strategies to reduce conception/creation risks of intellectual property

    Directory of Open Access Journals (Sweden)

    Ramona PAKOCS

    2015-06-01

    Full Text Available This paper is focused on finding the best management strategies to reduce conception/creation risks of intellectual property. For this we performed a SWOT analysis of conception /creation risks of intellectual property, which was analysed in a Brainstorming session, where several management strategies for risk reduction were found. Then a multi-criterion analysis was conducted which resulted in finding the best management strategy to reduce conception/creation risks of intellectual property.

  18. THE INTERSECTION OF INTELLECTUAL PROPERTY RIGHTS AND INNOVATION POLICY MAKING – A LITERATURE REVIEW

    OpenAIRE

    Jakob Edler, Hugh Cameron and Mohammad Hajhashem

    2015-01-01

    Executive SummaryBackground – The existing body of work on innovation policy seemed to have failed to adequately address the role of intellectual property in innovation policy making. For that reason, the Manchester Institute of Innovation Research of the University of Manchester was requested by the World Intellectual Property Organization (WIPO) to undertake a review of academic literature since 2000 to synthesise how intellectual property rights (IPRs) are taken into account in innovation ...

  19. "Moby-dick is my favorite:" evaluating a cognitively accessible portable reading system for audiobooks for individuals with intellectual disability.

    Science.gov (United States)

    Davies, Daniel K; Stock, Steven E; King, Larry R; Wehmeyer, Michael L

    2008-08-01

    Significant barriers exist for individuals with intellectual disability to independently access print-based content. It is regrettable that, while the amount of content now available electronically increases, tools to access these materials have not been developed with individuals with intellectual disability in mind. This article reports the results of research evaluating the use of a palmtop PC-based application designed to enable individuals with intellectual disability to access electronic books and documents. Participants with intellectual disability were randomly assigned to 1 of 3 groups, each group differing in the type of audio player used. Participants who used the specially designed reader made significantly fewer errors accessing electronic books and required significantly fewer prompts than did participants using either of 2 mainstream audiobook readers.

  20. Intellectual property: A strong determinant of economic growth

    Directory of Open Access Journals (Sweden)

    Munmun Rai

    2009-01-01

    Full Text Available The returns from almost all human endeavors can ultimately be translated into monetary gains. The past few years have seen increased attention paid to the strengthening of intellectual property rights due to globalization. The development of Intellectual property rights (IPR over the years has invariably brought an upsurge in the outlook of nations toward the aspect of societal and cultural growth, this being said with the preliminary assumption that economic growth has been the most affected realm and that it requires a separate spectrum of analysis. The artifacts between the IP regime and the national economy can be easily interpreted by the fact that India′s independence had itself brought an era where the enactment of the national IP laws were considered to stand on the touchstone of the market economy. The aim of the present article is to investigate the impact of a strong IP regime on the economic development of a nation and also a light is raised into Indian economy, and the creation of an efficient innovative system is discussed. A strong relation of the IPR with the pharma and biotech sectors has been discussed. Undoubtedly, the Intellectual property (IP systems must be developed so as to bring in socioeconomic well-being. The fact that a strong IPR actually provokes IPR infringements in many developing nations also seems to be an issue that needs to be analyzed while understanding the need of the former. The trade-off between unfair competition laws and IP also assumes importance of high magnitude and hence needs to be particularly emphasized. With the growing recognition of IPR, the importance of worldwide forums on IPR has been realized. Companies, universities, and industries want to protect their IPR internationally. In order to reach this goal, countries have signed numerous agreements and treaties.

  1. Investigations regarding the evaluation of specific intellectual property production risks within Quality Management System

    Science.gov (United States)

    Pakocs, R.; Lupulescu, N. B.

    2016-11-01

    This paper is a theoretical research concerning methods for risk assessment of specific intellectual property production risks that are identified in the product achievement stage within the Quality Management System. In order to realize this, we will start by identifying the specific intellectual property production risks and by proposing some new calculating formulas for minimalizing their negative effects. The theoretical model proposed assessment of specific intellectual property production risks, will be realized based on 3 hypothetical situations. This study intends to reduce the intellectual property risks identified in the production process of commercial societies that have an industrial profile.

  2. Improving of intellectual property marketing management in the agrarian sphere of region

    Directory of Open Access Journals (Sweden)

    Мakhnusha Svetlana Mikhailovna

    2017-03-01

    Full Text Available In the article the author proved that Ukraine’s economy needs to create more favorable conditions for the development of the agricultural sector by intensifying the development of innovation and implementation of intellectual property rights and effectively manage their marketing. It analyzes the main range of problems, which is embedded in an understanding of marketing management of intellectual property, and presents possible solutions and improvements in this background. It was formed mechanism of intellectual property marketing in the agricultural sector in the region and proposed approach to evaluating the effectiveness of measures to manage intellectual property marketing in the agricultural sector in the region.

  3. A evolução do sistema internacional de propriedade intelectual: proteção patentária para o setor farmacêutico e acesso a medicamentos Evolution of the international intellectual property rights system: patent protection for the pharmaceutical industry and access to medicines

    Directory of Open Access Journals (Sweden)

    Gabriela Costa Chaves

    2007-02-01

    Full Text Available O artigo discute a evolução do sistema internacional de direitos de propriedade intelectual em três fases e as implicações para saúde pública, especialmente para a implementação de políticas de acesso a medicamentos. Durante a primeira fase, caracterizada pelas Convenções de Paris e de Berna, os países signatários determinavam os campos tecnológicos que seriam protegidos ou não. Na segunda fase, com a implementação do Acordo TRIPS pela OMC, os países são obrigados a garantir proteção patentária a todos os campos tecnológicos, inclusive para a indústria farmacêutica. Dentro das suas respectivas legislações nacionais, os países também têm a oportunidade de implementar o acesso às flexibilidades do TRIPS para medicamentos. Com a terceira fase, caracterizada pela negociação e assinatura de acordos comerciais bilaterais e regionais, os países terão que implementar medidas TRIPS-plus que podem ter implicações negativas para as flexibilidades do TRIPS e para políticas de acesso a medicamentos. Os autores concluem que a proposta atual de sistema internacional de direitos de propriedade intelectual favorece os direitos dos detentores de patentes, que deveriam estar em equilíbrio com os direitos à saúde para a população.This article discusses the evolution of the international intellectual property rights system in three phases and the implications for public health, especially for the implementation of policies for access to medicines. During the first phase, characterized by the Paris and Berne Convention, signatory countries defined which technological fields should be protected (or not. Under the second phase, with the enforcement of the WTO TRIPS Agreement, countries are obliged to grant patent protection for all technological fields, including for the pharmaceutical industry. Within their national legislations, countries also have the opportunity to implement access to TRIPS flexibilities for medicines

  4. Some Tax Implications of Traditional Knowledge Under Conventional Intellectual Property

    Directory of Open Access Journals (Sweden)

    T Gutuza

    2010-12-01

    Full Text Available The proposed incorporation of traditional intellectual property into the definition of copyright, trade-marks and designs as defined in the Copyright Act 98 of 1978, the Trade Marks Act 94 of 1993 and the Designs Act 195 of 1993 may affect the income tax liability of parties where traditional knowledge is the object of such a transaction. The aim of this contribution is to consider the potential income tax consequences of this incorporation for those receiving income and incurring expenditure in relation to the use or disposal of traditional knowledge.

  5. R&D Collaboration with Uncertain Intellectual Property Rights

    DEFF Research Database (Denmark)

    Czarnitzki, Dirk; Hussinger, Katrin; Schneider, Cédric

    2015-01-01

    —uncertain intellectual property rights (IPRs) lead to reduced collaboration between firms and can, hence, hinder knowledge production. This has implications for technology policy as R&D collaborations are exempt from antitrust legislation in order to increase R&D in the economy. We argue that a functional IPR system......Patent pendencies create uncertainty in research and development (R&D) collaboration, which can result in a threat of expropriation of unprotected knowledge, reduced bargaining power and enhanced search costs. We show that—depending of the type of collaboration partner and the size of the company...

  6. R&D Collaboration with Uncertain Intellectual Property Rights

    DEFF Research Database (Denmark)

    Czarnitzki, Dirk; Hussinger, Katrin; Schneider, Cédric

    - uncertain intellectual property rights (IPR) lead to reduced collaboration between firms and may hinder the production of knowledge. This has implications for technology policy as R&D collaborations are exempt from anti-trust legislation in order to increase R&D in the economy. We argue that a functional......Patent pendencies create uncertainty in research and development (R&D) collaboration agreements, resulting in a threat of expropriation of unprotected knowledge by potential partners, reduced bargaining power and enhanced search costs. In this paper, we show that - depending of the type of partner...

  7. Canada's Patented Medicines (Notice of Compliance) Proceedings and Intellectual Property.

    Science.gov (United States)

    Bian, Henry; McCourt, Conor

    2015-01-08

    Canada's Patent Register is a tool created by the Patented Medicines (Notice of Compliance) Regulations to help innovators protect their inventions relating to pharmaceuticals. This tool exists at the intersection between the intellectual property and drug approval regimes. By listing a patent on the Patent Register, an innovator can prevent a generic manufacturer from entering the marketplace rather than having to wait for his or her patent to be infringed. This article provides information on the requirements for listing a patent on the Patent Register and an overview of how the Patent Medicines (Notice of Compliance) Regulations affect the drug approval process.

  8. Six recommendations on “Synthetic Biology & Intellectual Property Rights”

    DEFF Research Database (Denmark)

    Minssen, Timo; Rutz, Berthold; van Zimmeren, Esther

    2015-01-01

    materials in living organisms”. This operational definition offered by the Scientific Committees is derived from a working understanding of SynBio as a collection of conceptual and technological advances. It is sufficiently broad to include new developments in the field and also addresses the need...... in the growing debates over the role of Intellectual Property Rights (IPRs) in stimulating or hindering research and development (R&D) and – ultimately – innovation .On 26th November 2013, the Danish Agency for Science, Technology and Innovation organized an expert meeting on “SB & IPRs” in Copenhagen sponsored...

  9. Intellectual Property Rights and North-South Joint Ventures

    OpenAIRE

    Alireza Naghavi; Dermot Leahy

    2008-01-01

    We study the effect of the intellectual property rights (IPR) regime of a host country (South) on a multinational's decision between serving a market via greenfield foreign direct investment to avoid the exposure of its technology or a North-South joint venture (JV) with a local firm, which allows R&D spillovers under imperfect IPRs. JV is the equilibrium market structure when R&D intensity is moderate and IPRs strong. The South can gain from increased IPR protection by encouraging a JV, wher...

  10. Immanuel Kant on intellectual property Immanuel Kant sobre propriedade intelectual

    Directory of Open Access Journals (Sweden)

    Riccardo Pozzo

    2006-01-01

    Full Text Available This text initially discusses the notion of intellectual property in Kant's philosophy and in the eighteenth century. Next, it restates the problem within a contemporary setting, taking into account the new technologies on reproduction of information.Este texto inicialmente discute a noção de propriedade intelectual na filosofia de Kant e no século XVIII. Em seguida, recoloca o problema na atualidade em função das novas tecnologias de reprodução da informação.

  11. 32 CFR 34.25 - Intellectual property developed or produced under awards.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Intellectual property developed or produced under awards. 34.25 Section 34.25 National Defense Department of Defense OFFICE OF THE SECRETARY OF...-PROFIT ORGANIZATIONS Post-award Requirements Property Standards § 34.25 Intellectual property...

  12. Intellectual property rights and patents in perspective of Ayurveda.

    Science.gov (United States)

    Chaudhary, Anand; Singh, Neetu

    2012-01-01

    Ayurveda is getting its due recognition as a rationale system of medicine worldwide despite the fact that medical and scientific fraternity of the globe has very strong opposite opinion regarding safety and efficacy of Ayurvedic medicines. Meanwhile, provisions of Intellectual Property Rights under World Intellectual Property Organization (WIPO) and Patents have attracted many individuals and organizations to explore possibilities of commercial benefits with Ayurvedic traditional knowledge. Although rules are not favoring to grant a patent on prior published knowledge, biopiracy managed grant of Patent on knowledge of Ayurvedic medicinal plants which has been successfully checked with references of data base of Traditional Knowledge Digital Library (TKDL). Current provisions of the Patent law of India are obstructive in nature for getting patent on Ayurvedic medicines. If we have to invite researchers from basic science to ensure quality, safety and efficacy of Ayurvedic medicines, there is an urgent need to amend laws of patent with pragmatic promotional policies. This will encourage more patents on numerous pharmaceutical, nutraceutical and cosmaceutical products based on Ayurveda. As every action of today's world is based on economic criteria so why stakeholders of Ayurveda should be deprived of it. New inventions would drive acceptance of Ayurveda as a global system of medicine.

  13. 31 CFR 515.528 - Certain transactions with respect to blocked foreign intellectual property.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Certain transactions with respect to blocked foreign intellectual property. 515.528 Section 515.528 Money and Finance: Treasury Regulations... Certain transactions with respect to blocked foreign intellectual property. (a) The following...

  14. National Strategy on Intellectual Property Rights to Be Launched This Year

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    @@ Ms. Chen Zhili, a State Councilor,expressed on the Glooal Forum on Intellectual Property Rights Protection and Innovation that a plan on the preparation of China's strategy on intellectual property rights would be issued and put into implcmentation this year, in an effort to jointly create a harmonious environment in which dialogue instead of confrontation will prevail.. At the forum, Mr.

  15. 6 CFR 25.10 - Confidentiality and protection of Intellectual Property.

    Science.gov (United States)

    2010-01-01

    ... protection of Intellectual Property. (a) General. The Secretary, in consultation with the Office of... 6 Domestic Security 1 2010-01-01 2010-01-01 false Confidentiality and protection of Intellectual Property. 25.10 Section 25.10 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE...

  16. 31 CFR 515.527 - Certain transactions with respect to United States intellectual property.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Certain transactions with respect to United States intellectual property. 515.527 Section 515.527 Money and Finance: Treasury Regulations... Certain transactions with respect to United States intellectual property. (a)(1) Transactions related...

  17. College Writing, Identification, and the Production of Intellectual Property: Voices from the Stanford Study of Writing

    Science.gov (United States)

    Lunsford, Andrea A.; Fishman, Jenn; Liew, Warren M.

    2013-01-01

    When, why, and how do college students come to value their writing as intellectual property? How do their conceptions of intellectual property reflect broader understandings and personal engagements with concepts of authorship, collaboration, identification, and capital? We address these questions based on findings from the Stanford Study of…

  18. Indigenous Knowledge and Intellectual Property Rights: Confronting Modern Norms to Promote Sustainability

    Science.gov (United States)

    Godbole-Chaudhuri, Pragati; Srikantaiah, Deepa; van Fleet, Justin

    2008-01-01

    The global proliferation of intellectual property rights (IPRs), most recently through the World Trade Organization's Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, poses a grave threat for Indigenous knowledge systems. There is an increasing amount of "piracy" of Indigenous knowledge, whereby corporations and scientists…

  19. History of theoretical conceptions development of nature and sources of intellectual property right

    OpenAIRE

    V. Virchenko

    2013-01-01

    Article is devoted to analysis of evolution of the theoretical approaches to investigation of nature and sources of intellectual property right. Peculiarities of origin and contents of the industrial property theory, contractual theory, rent theory and delictual theory are investigated. Intangible construction and conception of personal rights are considered. The contents of sole rights theory, intellectual rights theory and clientella theory are analyzed.

  20. The Choice between Formal and Informal Intellectual Property: A Literature Review

    OpenAIRE

    HALL, Bronwyn H.; Christian Helmers; Mark Rogers; Vania Sena

    2012-01-01

    We survey the economic literature, both theoretical and empirical, on the choice of intellectual property protection by firms. Our focus is on the tradeoffs between using patents and disclosing versus the use of secrecy, although we also look briefly at the use of other means of formal intellectual property protection.

  1. Intellectual property rights and the TRIPS agreement : an overview of ethical problems and some proposed solutions

    OpenAIRE

    Sonderholm, Jorn

    2010-01-01

    The Agreement on Trade-Related Aspects of Intellectual Property Rights negotiated in 1986 under the auspices of the General Agreement on Tariffs and Trade, the institutional predecessor of the World Trade Organization, incorporated substantial and uniform protections of intellectual property rights into the international trade system. A large body of contemporary academic literature sugges...

  2. Intellectual property enforcement at the EU border: the challenge of private imports

    DEFF Research Database (Denmark)

    Petersen, Clement Salung; Riis, Thomas; Schovsbo, Jens Hemmingsen

    2012-01-01

    commercial importers of counterfeit and pirated goods, a consumer who imports such goods for his or her private use does not infringe any intellectual property rights (IPR). This article discusses how and to what extent right holders may nonetheless use the Customs Regulation to enforce their IPR against...... controversial results and distort traditional intellectual property law thinking....

  3. Intellectual property and the commercialization of research and development.

    Science.gov (United States)

    di Norcia, Vincent

    2005-04-01

    Concern about the commercialization of research is rising, notably in testing new drugs. The problem involves oversimplified, polarizing assumptions about research and development (R&D) and intellectual property (IP). To address this problem this paper sets forth a more complex three phase RT&D process, involving Scientific Research (R), Technological Innovation (T), and Commercial Product Development (D) or the RT&D process. Scientific research and innovation testing involve costly intellectual work and do not produce free goods, but rather require IP regulation. RT&D processes involve an unrecognized IP shift from a common IP right in public goods like information and knowledge to private IP in products and other hard assets. The question then is, what kind of IP right: private or common? Since scientific research and innovation testing require openness about adverse findings, and wide, low cost diffusion of results, they require a common, inclusive IP right. Common IP is appropriate to both sharing knowledge goods and recovering the cost of production. Research is furthermore compatible with commercialization and support by other social interests. On the other hand it is incompatible with the exclusionary private IP rights that permit restrictive publication or total suppression of information. Private IP rather than commercialization conflicts with the openness requirements of scientific research and innovation testing. Commercial funding, however, is in principle compatible with research and testing, especially when regulated by a common IP right. This reflects a pragmatic view of the fundamental interconnections of knowledge and other social interests.

  4. The right to health and medicines: the case of recent multilateral negotiations on public health, innovation and intellectual property.

    Science.gov (United States)

    Velasquez, German

    2014-08-01

    The negotiations of the intergovernmental group known as the 'IGWG', undertaken by the Member States of the WHO, were the result of a deadlock in the World Health Assembly held in 2006 where the Member States of the WHO were unable to reach an agreement on what to do with the 60 recommendations in the report on 'Public Health, Innovation and Intellectual Property Rights submitted to the Assembly in the same year by a group of experts designated by the Director General of the WHO. The result of these negotiations was the 'Global strategy and plan of action on public health, innovation and intellectual property' which was approved by the World Health Assembly in 2008. The intention of the Global Strategy and Plan of Action (GSPOA) which was produced by the IGWG was to substantially reform the pharmaceuticals' research and development system in view of the findings that this system, whose purpose is to produce medicines for diseases which affect the greater part of the world population which lives in developing countries, had failed. The intellectual property rights imposed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the recent trade agreements could become one of the main obstacles to access to medicines. The GSPOA makes a critical analysis of this reality, and opens the door to searching for new solutions to this problem. © 2014 John Wiley & Sons Ltd.

  5. [On the necessity of intellectual property rights involving standardization of acupuncture and moxibustion therapies].

    Science.gov (United States)

    Dong, Guo-Feng; Wu, Xiao-Dong; Han, Yan-Jing; Wang, Xin; Wang, Jun-Wen

    2014-08-01

    In the process of working out and implementing standardization of acupuncture-moxibustion (acu-moxi) therapy, the issue of intellectual property rights has been frequently involved. Whether is the standardization inevitably involved in intellectual property rights? A reasonable answer to this question is definitely of important realistic guiding value and significance for acu-moxi standardization work. For this reason, authors of the present paper sum up historical development of correlation between acu-moxi standardization and intellectual property rights, and fully analyze the related causes under the conditions of knowledge economy from 1) increasing protection of acu-moxi intellectual property rights, 2) intrinsic requirements for raising the standardization level of acu-moxi, 3) profits drive of the intellectual property rights owners, and 4) increasing impetuous international economic trade competition.

  6. The Current Intellectual Property Debate: A Citation-Based Analysis

    Directory of Open Access Journals (Sweden)

    Christian Linder

    2011-03-01

    Full Text Available This paper addresses the research landscape of Intellectual PropertyRights. It describes and probes the key players and the mostinfluential journal publications. While most literature reviews arequalitative, in many cases highly subjective and necessarily selective,this paper takes another course. By using Social NetworkAnalysis and the Co-Author Citation Approach it constructs aquantitative approach. The outcome is threefold. First, the workswith the most influence are identified, as are 9 sub-networks intowhich the Intellectual Property research splits. Second, the researchinstitutions and their networks are analyzed. This researchillustrates that the Intellectual Property research landscape isshaped by a handful of universities, the rest follow suit. Third, itis demonstrated that North America dominates the academic IntellectualProperty debate by far. Regions such as South Americaand Africa do not even appear in the body of knowledge. This papergives an overview of Intellectual Property research. Based onthe quantitative output further research questions can be formulated.

  7. Business, market and intellectual property analysis of polymer solar cells

    DEFF Research Database (Denmark)

    Damgaard Nielsen, Torben; Cruickshank, C.; Foged, S.

    2010-01-01

    The business potential of polymer solar cells is reviewed and the market opportunities analyzed on the basis of the currently reported and projected performance and manufacturing cost of polymer solar cells. Possible new market areas are identified and described. An overview of the present patent...... and intellectual property situation is also given and a patent map of polymer solar cells is drawn in a European context. It is found that the business potential of polymer solar cells is large when taking the projections for future performance into account while the currently available performance...... and manufacturing cost leaves little room for competition on the thin film photovoltaic market. However, polymer solar cells do enable the competitive manufacture of low cost niche products and is viewed as financially viable in its currently available form in a large volume approximation. Finally, it is found...

  8. Genome editing: intellectual property and product development in plant biotechnology.

    Science.gov (United States)

    Schinkel, Helga; Schillberg, Stefan

    2016-07-01

    Genome editing is a revolutionary technology in molecular biology. While scientists are fascinated with the unlimited possibilities provided by directed and controlled changes in DNA in eukaryotes and have eagerly adopted such tools for their own experiments, an understanding of the intellectual property (IP) implications involved in bringing genome editing-derived products to market is often lacking. Due to the ingenuity of genome editing, the time between new product conception and its actual existence can be relatively short; therefore knowledge about IP of the various genome editing methods is relevant. This point must be regarded in a national framework as patents are instituted nationally. Therefore, when designing scientific work that could lead to a product, it is worthwhile to consider the different methods used for genome editing not only for their scientific merits but also for their compatibility with a speedy and reliable launch into the desired market.

  9. Recalibrating intellectual property rights to enhance translational research collaborations.

    Science.gov (United States)

    Bubela, Tania; FitzGerald, Garret A; Gold, E Richard

    2012-02-22

    Multisectoral collaborative models for drug and therapeutic research and development (R&D) are emerging, requiring a recalibration of how intellectual property rights (IPRs) are used. Although these models appear promising, little study has been conducted on the optimal blend of sharing and exclusion as mediated through the proactive use or nonuse of IPRs. This Commentary is a call for a combination of theoretical and empirical analyses to build a comprehensive understanding of the interplay between formal IP laws, institutions that administer and manage IPRs, and the use of IPRs in practice to better construct and manage collaborations. Such analyses require outcome metrics formulated to measure the success of therapeutic outcomes and to capture the complexity of a highly networked R&D environment.

  10. Does Intellectual Property Restrict Output? An Analysis of Pharmaceutical Markets.

    Science.gov (United States)

    Lakdawalla, Darius; Philipson, Tomas

    2012-02-01

    Standard normative analysis of intellectual property focuses on the balance between incentives for research and the static welfare costs of reduced price-competition from monopoly. However, static welfare loss from patents is not universal. While patents restrict price competition, they may also provide static welfare benefits by improving incentives for marketing, which is a form of non-price competition. We show theoretically how stronger marketing incentives mitigate, and can even offset, the static costs of monopoly pricing. Empirical analysis in the pharmaceutical industry context suggests that, in the short-run, patent expirations reduce consumer welfare as a result of decreased marketing effort. In the long-run, patent expirations do benefit consumers, but by 30% less than would be implied by the reduction in price alone. The social value of monopoly marketing to consumers alone is roughly on par with its costs to firms.

  11. Intellectual property rights and detached human body parts.

    Science.gov (United States)

    Pila, Justine

    2014-01-01

    This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same.

  12. Development and Progress through Intellectual Property Protection and Leverage

    Directory of Open Access Journals (Sweden)

    Gabriel I. NĂSTASE

    2012-02-01

    Full Text Available Worldwide, every year, cultural, scientific and technical dimensions increases its value as a result of spiritual and creative members of society. Since surplus value and prosperity is a consequence of the act of creation, protection of creators and their creations to be one of the main factors that we must take into consideration and those involved in national security system structures.Basically, protection creators respectively Patent, design and trademark licenses, the designs, is made by a legal institution of intellectual property, which is the State Office for Inventions and Trademarks (OSIM - government organ specialty, with unique authority in Romania, acting in accordance with law and the provisions of international conventions to which the Romanian State is party.

  13. Capturing value from Intellectual Property (IP) in a global environment

    DEFF Research Database (Denmark)

    Beukel, Karin; Cassiman, Bruno

    2017-01-01

    Globalization should provide firms with an opportunity to leverage their know-how and reputation across countries to create value. However, it remains challenging for them to actually capture that value using traditional Intellectual Property (IP) tools. In this paper, we document the strong growth...... are causing backlogs and delays in numerous Patent and Trademarks Offices and litigation over IP rights is expensive, with an uncertain outcome. Moreover, local governments can succeed in transferring value to local firms and influencing global market positions by using IP laws and other regulations...... discuss in our concluding section. Global companies will need to organize cross-functional value capture teams focused on appropriating value from their know-how and reputation by combining different institutional, market, and nonmarket tools, depending on the institutional and business environment...

  14. [The Human Genome Project and the right to intellectual property].

    Science.gov (United States)

    Cambrón, A

    2000-01-01

    The Human Genome Project was designed to achieve two objectives. The scientific goal was the mapping and sequencing of the human genome and the social objective was to benefit the health and well-being of humanity. Although the first objective is nearing successful conclusion, the same cannot be said for the second, mainly because the benefits will take some time to be applicable and effective, but also due to the very nature of the project. The HGP also had a clear economic dimension, which has had a major bearing on its social side. Operating in the midst of these three dimensions is the right to intellectual property (although not just this right), which has facilitated the granting of patents on human genes. Put another way, the carrying out of the HGP has required the privatisation of knowledge of the human genome, and this can be considered an attack on the genetic heritage of mankind.

  15. 26 CFR 1.6050L-2 - Information returns by donees relating to qualified intellectual property contributions.

    Science.gov (United States)

    2010-04-01

    ... qualified intellectual property contributions. 1.6050L-2 Section 1.6050L-2 Internal Revenue INTERNAL REVENUE... § 1.6050L-2 Information returns by donees relating to qualified intellectual property contributions... receives or accrues net income during a taxable year from any qualified intellectual property...

  16. Changes to intellectual property policy in South Africa: putting a stop to evergreening?

    Science.gov (United States)

    Hill, Julia E

    2014-08-01

    South Africa is a middle-income country with the world's largest HIV patient cohort and a growing burden of communicable and non-communicable diseases - a prime location for pharmaceutical companies looking to expand their markets. Yet, 20 years after the country's first democratic elections, poor health indicators and an over-burdened public health system belie persistently stark levels of socioeconomic inequality. As the South African government revises national intellectual property (IP) policies, the pharmaceutical industry and global access to medicines movement are watching, aware of ramifications South Africa's actions will have on patent laws and the availability of generic medicines in other middle-income countries and across Africa. South Africa's draft IP policy is meeting fierce resistance from industry, although proposed reforms are compliant with the Agreement on trade related aspects of intellectual property (TRIPS) and in line with on-going policies and actions of both developing and developed countries. Could the establishment of a patent examination system and new patentability criteria rein in evergreening and lead to lower medicine prices? What will be the potential impact of reform on medical innovation? And why is it both necessary and urgent that the South African government seek a fairer balance between private and public interests?

  17. Intellectual property as an instrument of interaction between government, business, science and society

    Science.gov (United States)

    Nikitenko, S. M.; Mesyats, M. A.; Rozhkova, O. V.

    2017-09-01

    This article is devoted to research the characteristics associated with pledge of intellectual property in foreign and domestic practice. Holding intellectual property objects’ pledge transactions accelerates the pace of creating innovative systems in the economy. In present paper the modern scheme for bank loan, financing secured with patented intellectual property is researched. The authors give the brief description of features of pledge security registration for loans in some Europe countries. The Europe Union experience shows that as collateral for monetary loans can be used trademarks, patents on the intellectual property, as well as their registration requests. Russian experience of the pledge operations of the intellectual property is too small. This way of bank lending is at an early stage of development. The main constraint is the difficulty of assessing the value of the pledged intellectual property as intangible assets. However, taking into account world and domestic practice this direction for Russian market is estimated by the authors as promising one. Pledge transactions take place within the framework of the Quadruple-Helix Model concept that involves four participants: “science”, “business”, “government” and “society”. Intellectual property are estimates by the authors as an instrument of interaction between government, business, science and society.

  18. The Economics of Intellectual Property: A Review to Identify Themes for Future Research

    OpenAIRE

    Christine Greenhalgh; Padraig Dixon

    2003-01-01

    This paper reviews the literature on the economics of intellectual property rights (IPR), with a particular focus on the main industrial property rights of patents and trade marks. Intellectual property rights arise from the legal protection accorded to certain inventions or creations. We begin with a review of studies of innovation and IPR incidence, including their relationship with market structure. Our second topic is the valuation of IPR, which has been attempted via cost-based methods a...

  19. Innovation patterns and intellectual property in SMEs of a developing country

    Directory of Open Access Journals (Sweden)

    Clemente Forero-Pineda

    2011-12-01

    Full Text Available Based on empirical results, this article reopens the discussion about the relationship between intellectual property and innovation in developing countries. Intellectual property grants a monopoly over the commercial exploitation of innovations. Ex ante, this monopoly may promote innovation but ex post it may become a disincentive to diffusion and subsequent innovation. After reviewing the terms of the debate in the classical and current literature, we address two empirical issues: What patterns of intellectual property behavior coexist among the small and medium enterprises (SMEs of a developing country (Colombia and how these patterns relate to the innovation performance of these firms

  20. Transfer of Teaching Materials between Universities: Where Is the Boundary between Legitimate Transaction and Violation of Moral Intellectual Property Rights?

    Science.gov (United States)

    Maiwald, Matthias; Harrington, Kathy

    2012-01-01

    Intellectual property rights have various facets. The best-known one is copyright, enabling the owner to legally utilise intellectual materials. However, there is a separate set of legal entitlements, termed moral intellectual property rights. The purpose of these is to prevent false attribution, damage to an author's reputation and some forms of…

  1. Intellectual property-A strong determinant of Economic Growth

    Directory of Open Access Journals (Sweden)

    Love k Singh

    2009-12-01

    Full Text Available

    The returns from almost all human endeavors can ultimately be translated into monetary gains. The past few years
    have seen increased attention to the strengthening of intellectual property rights due to globalization. The development
    of Intellectual property rights (IPR over the years has invariably brought an upsurge in the outlook of
    nations towards the aspect of societal and cultural growth, this being said with the preliminary assumption that
    economic growth has been the most affected realm and that it requires a separate spectrum of analysis. The artifacts
    between the IP regime and the national economy can be easily interpreted by the fact that India’s independence
    had itself brought an era where the enactment of the national IP laws were considered to stand on the touchstone
    of the market economy. The aim of the present paper is to investigate the impact of strong IP regime in the
    economic development of a nation and also a light is raised into Indian economy and creation for an efficient
    innovating system is discussed. A strong relation of IPR wity pharma sector and biotech sector has been discussed.
    Undoubtedly, IP systems must be developed so as to bring in socio-economic well-being. The fact that
    strong IPR actually provoke IPR infringements in many developing nations also seems to be an issue which needs
    to be analyzed while understanding the need of the former. The trade-off between unfair competition laws and IP
    also assumes importance of high magnitude and hence needs to be particularly emphasized. With the growing
    recognition of IPR, the importance of world wide forums on IPR is realized. Companies, universities, and industries
    want to protect their IPR internationally. In order to reach this goal, countries have signed numerous agreements
    and treaties.

  2. Advanced Analyses of Technology Innovations, Patents, and Intellectual Property

    Directory of Open Access Journals (Sweden)

    Amy J. C. Trappey

    2013-08-01

    Full Text Available A good indicator of the technical competitiveness of a country or an enterprise is the number of high quality international patents it owns. The latest statistics from the World Intellectual Property Organization (WIPO showed that USA, Japan, Germany, China, and South Korea are among the top patent filing countries [1]. WIPO data indicate that these countries and their global companies are directing significant resources toward engineering innovations, design inventions, and technology R&D. The end result will be to capitalize their intellectual assets for competitive advantage. The huge and ever growing data and knowledge content of international patent (cyber- depositories creates great challenges for engineers, researchers, and technology strategists to fully utilize the wealth of knowledge [2]. Most critically, engineers must make correct R&D decisions based on the complex sets of patent information. This special issue features research papers focusing on the advances of representing, modeling, reasoning, analyzing, and synthesizing knowledge related to innovations, intellectual property (IP, patents, and technology adoptions. For industries with short life cycles and technical products (e.g., semiconductor, LED, and consumer electronics, state-of-the-art knowledge engineering approaches for IP and patent analysis are essential for sustaining competitive advantage. We have accepted five articles in this special issue and each has developed methodologies using industrial cases for verification. The papers are highlighted briefly as follows. The article “Applying Hybrid-Quantity Analysis in the Asia Semiconductor Industry,” co-authored by Chin-yuan Fan, Ming-Fong Lai, and Shu-Hao Chang, provides an integrated approach to explore competing technological and strategic-group relationships within the semiconductor industry in the Asia-Pacific region. They use a combination of patents, multidimensional scaling, and K-means clustering to

  3. Research on Intellectual Property Issues of Long-term Preservation of Digital Resources in Institutional Repositories

    Institute of Scientific and Technical Information of China (English)

    HU FANG; ZHONG YONGHENG

    2008-01-01

    Because of its commitment to keeping the digital contents accessible,institutional repository plays an important role in the long-term preservation of intellectual output of the institution.However,digital preservation in institutional repository is faced with severe legal issues,especially the intellectual property problems.This paper focuses on the copyright issues involved with long-term preservation of digital resource in institutional repositories.It begins with a brief introduction to the relationship between the institutional repository and digital preservation.Based on this background information,the paper analyzes the related laws and regulations in China that affect the long-term preservation of digital resource in institutional repository.Then the authors discuss in details what kind of the copyright risk there may be,if we realize the long-term preservation of digital resource in institutional repositories.There may be different legal hazards,according to the various types of the digital output collected by institutional repository.The paper ends up with several suggestions to avoid the legal risk in digital preservation of institutional repository.Firstly,to utilize fair use is a feasible way.Secondly,also most safely,is to get the permission from the copyright owner.This is involved in the long-term preservation contract and open license.

  4. Research on Intellectual Property Rights Protection of Agricultural Plant Genetic Resources in China

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    On the basis of definition of agricultural plant genetic resources,this paper takes the two most important forms of intellectual property protection regarding agricultural plant genetic resources-patent rights and new plant variety rights as an example,to expound the current situation of intellectual property protection of agricultural plant genetic resources in China.It reveals the problems of intellectual property protection as follows:the awareness of intellectual property protection of agricultural plant genetic resources is weak;the system of laws and regulations is not sound;the protection system is not perfect;the management system lacks standardization.It further puts forward corresponding countermeasures and suggestions as follows:promote the protection awareness of agricultural plant genetic resources in whole society;enact special law system to protect agricultural plant genetic resources;improve the management system of agricultural plant genetic resources;strengthen the international protection of agricultural plant genetic resources in China.

  5. Scientometrics Profile of Global Intellectual Property Rights Research

    Directory of Open Access Journals (Sweden)

    Gnanasekaran, D.

    2016-06-01

    Full Text Available The authors in this paper aim to identify the growth of literature on Intellectual Property Rights (IPRs. The research publications on IPRs were downloaded from the Scopus online citation database and the authors found that there were 1,513,138 records contributed globally over a period of 10 years from 2005 to 2014. The distribution of publications based on the year, country, and document type were studied. Relative growth rate (RGR of the publications and doubling time (Td were calculated. Most productive organizations, source titles, and the productive authors on IPR research were studied. Most cited articles in the study area were identified. The results show that a number of publications under the subjects Medicine and Engineering were produced. The developed countries are very active in IPR research and producing publications. It is found that one institution which holds the sixth place among the top 10 most productive institutions belongs to Brazil, a developing country. Two developing countries such as China and India hold second and tenth positions respectively in the top 10 countries contributing literature on IPRs.

  6. Cloud Computing Services: Benefits, Risks and Intellectual Property Issues

    Directory of Open Access Journals (Sweden)

    IONELA BĂLŢĂTESCU

    2014-05-01

    Full Text Available Major software players of the global market, such as Google, Amazon and Microsoft are developing cloud computing solutions, providing cloud services on demand: Infrastructure as a Service (IaaS, Platform as a Service (PaaS and Software as a service (SaaS. In software industry and also in ICT services market, cloud computing is playing an increasingly important role. Moreover, the expansion of cloud services indirectly contributed to the development and improvement of other types of services on the market – financial and accounting services, human resources services, educational services etc. – in terms of quality and affordability. Given the fact that cloud computing applications proved to be more affordable for small and medium enterprises (SME, an increasing number of companies in almost all the fields of activity have chosen cloud based solutions, such as Enterprise Resource Management (ERP software and Customer Relationship Management (CRM software. However, cloud computing services involve also some risks concerning privacy, security of data and lack of interoperability between cloud platforms. Patent strategy of certain proprietary software companies leaded to a veritable “patent war” and “patent arm race” endangering the process of standardization in software industry, especially in cloud computing. Intellectual property (IP legislation and court ruling in patent litigations is likely to have a significant impact on the development of cloud computing industry and cloud services.

  7. Infringement of intellectual property rights over the Internet and private international law

    OpenAIRE

    Yang, Fanshu

    2010-01-01

    With the advent of the Internet, some new problems in the field of intellectual property law have appeared. The infringement of intellectual property rights (IP infringement) over the Internet is one of them. The purpose of my study is to try to find the solution to the problem of IP infringement over the Internet in the field of private international law, focusing on jurisdiction rules. First of all, in Chapter 2, I examine infringements of trademark, copyright and patent over the Interne...

  8. Eudemonic intellectual property: patents and related rights as engines of happiness, peace, and sustainability

    OpenAIRE

    Derclaye, Estelle

    2012-01-01

    The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is the incentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Arti...

  9. Global Civil Society and Health Advocacy in Intellectual Property Related Issues

    OpenAIRE

    Bennett, Alexandra

    2015-01-01

    Civil society organizations and other non-governmental organizations (NGOs) act as policy watchdogs and often represent the voices of marginalized populations. The importance of advocates in the field of Intellectual Property is apparent now more than ever. The global stage is changing; what were previously considered domestic issues have been thrust onto the international stage by agreements such as the Trade Related Aspects of Intellectual Property Rights agreement (TRIPS) (Sell & Praka...

  10. Student and Teacher Variables Contributing to Access to the General Education Curriculum for Students with Intellectual and Developmental Disabilities

    Science.gov (United States)

    Lee, Suk-Hyang; Soukup, Jane H.; Little, Todd D.; Wehmeyer, Michael L.

    2009-01-01

    The predictors of student and teacher variables on the access to the general education curriculum of 19 students with intellectual and developmental disabilities were examined based on the observation data collected for a total of 1,140 minutes. Multilevel regression analyses were employed to analyze the data. The findings indicated that both…

  11. Investigations regarding the lowering of specific intellectual property risks identified in the production process

    Directory of Open Access Journals (Sweden)

    Pakocs Ramona

    2017-01-01

    Full Text Available The main purpose of this research is to decrease the emergence of specific intellectual property risks within the production process as well as increasing risk management performance of IP by preventing them. In order to achieve this, previous studies regarding the main specific intellectual property risks from industrial companies were analyzed together with their managerial methods as well as the possibility of reducing their emergence. As a result of the research conducted were identified five types of intellectual property risks that have a high potential of emergence in the production process, namely: the risk of production of goods in violation of IP rights; the know-how, production knowledge and trade secret disclosure risk; the technological risk of unprotected utility models; the technological risk of unprotected integrated circuits topographies and finally the risk of product counterfeit. In order to achieve the main purpose of our investigation, we have proposed new formulas for estimating the specific intellectual property risks identified in the production process. Their purpose was to minimalize the risk’s negative effects on industrial companies and to increase the managerial performance from the intellectual property domain through a new type of management appropriately named: intellectual property management. The research is finalized with a case study regarding the lapse of rights of a patented invention. Based on a case analysis, it was proved that the exploitation of an invention without a contract represents a counterfeit.

  12. Access to stem cells and data: persons, property rights, and scientific progress.

    Science.gov (United States)

    Mathews, Debra J H; Graff, Gregory D; Saha, Krishanu; Winickoff, David E

    2011-02-11

    Many fields have struggled to develop strategies, policies, or structures to optimally manage data, materials, and intellectual property rights (IPRs). There is growing recognition that the field of stem cell science, in part because of its complex IPRs landscape and the importance of cell line collections, may require collective action to facilitate basic and translational research. Access to pluripotent stem cell lines and the information associated with them is critical to the progress of stem cell science, but simple notions of access are substantially complicated by shifting boundaries between what is considered information versus material, person versus artifact, and private property versus the public domain.

  13. Experimental investigations on the basis for intellectual property rights.

    Science.gov (United States)

    Fast, Anne A; Olson, Kristina R; Mandel, Gregory N

    2016-08-01

    Lay people routinely misunderstand or do not obey laws protecting intellectual property (IP), leading to a variety of (largely unsuccessful) efforts by policymakers, IP owners, and researchers to change those beliefs and behaviors. The current work tests a new approach, inquiring whether lay people's views about IP protection can be modified by arguments concerning the basis for IP rights. Across 2 experiments, 572 adults (recruited through Amazon Mechanical Turk) read 1 of 6 arguments about the basis for IP protection (incentives, natural rights, expressive rights, plagiarism, commons, or no argument). Participants then reported their general support for IP protection. Participants also reported their evaluations of 2 scenarios that involved infringement of IP rights, including cases in which there were mitigating experiences (e.g., the copier acknowledged the original source), and completed several demographic questions. Three primary findings emerged: (a) exposure to the importance of the public commons (and to a lesser extent, exposure to the argument that plagiarism is the basis of IP protection) led participants to become less supportive of IP protection than the incentives, natural rights, expressive rights, and control conditions; (b) people believed that infringement was more acceptable if the infringer acknowledged the original creator of the work; and (c) older adults and women were especially likely to see infringement as problematic. These findings illustrate several ways in which lay beliefs are at odds with legal doctrine, and suggest that people's views about IP protection can be shaped in certain ways by learning the basis for IP rights. (PsycINFO Database Record

  14. Intellectual Property Rights and Access to Medicines: International Trade Issues

    Science.gov (United States)

    2009-05-28

    Kelley Lee, “Managing the Pursuit of Health and Wealth: The Key Challenges,” The Lancet , vol. 373 (January 24, 2009), pp. 328-329. 11 National Science...Richard D. Smith, Carlos Correa, and Cecilia Oh, “Trade, TRIPS, and Pharmaceuticals,” The Lancet , vol. 373 (February 21, 2009). 35 Kevin Outterson...and Cecilia Oh, “Trade, TRIPS, and Pharmaceuticals,” The Lancet , vol. 373 (February 21, 2009). Oxfam International, US Bullying on Drug Patents: One

  15. Accessing and using chemical property databases.

    Science.gov (United States)

    Hastings, Janna; Josephs, Zara; Steinbeck, Christoph

    2012-01-01

    Chemical compounds participate in all the processes of life. Understanding the complex interactions of small molecules such as metabolites and drugs and the biological macromolecules that consume and produce them is key to gaining a wider understanding in a systemic context. Chemical property databases collect information on the biological effects and physicochemical properties of chemical entities. Accessing and using such databases is key to understanding the chemistry of toxic molecules. In this chapter, we present methods to search, understand, download, and manipulate the wealth of information available in public chemical property databases, with particular focus on the database of Chemical Entities of Biological Interest (ChEBI).

  16. Innovation and the Exploitation of Intellectual Property Law

    DEFF Research Database (Denmark)

    Howells, John

    2003-01-01

    . Examples of the strategic abuse of the patent institutional machinery are given, including: the lobbying efforts to change the law to favour private control over the public interest function of intellectual propery law; the suggestion that corporations may attempt to register patents that they know...

  17. Intellectual Property and the Tourism Industry: From ACTA Protests towards a Restrictive Interpretation of Innovation Regulations

    Directory of Open Access Journals (Sweden)

    Speriusi-Vlad Alin

    2014-01-01

    Full Text Available In 2012 became reality James Boyle’s desire exposed in his essay from 1997 regarding a politics of intellectual property concerning the great deal of attention that must be paid to the Intellectual Property. At that time Boyle was disappointed by the lack of attention from lawyers, scholars, legal academics and the media for the Clinton administration’s proposal for copyright on the Net, a document that provided the blueprint of domestic and international regulatory efforts to expand intellectual property rights. Certainly this was not the case with ACTA where the public media forced by the private citizen’s protests tried to weight both the benefits and the costs of the new protection standards brought by the new international convention. After those moments Intellectual Property regulations are no more an esoteric and arcane field, something that is only interesting and comprehensible to the practitioners in the field, but a matter of public interests like the environment which arouse the attention of all the persons. In this way we all become aware that intellectual property radiates beyond the legal frame and interferes with several aspects of our lives, including our free time and the tourism consequently.

  18. Bank equity connections, intellectual property protection and enterprise innovation – A bank ownership perspective

    Directory of Open Access Journals (Sweden)

    Xing Liu

    2016-09-01

    Full Text Available This study investigates the effects of bank equity connections and intellectual property protection on enterprises’ innovation behavior, and the regulating effect of intellectual property protection on the relationship between bank equity connections and innovation. In general, bank equity connections and intellectual property protection not only significantly increase innovation input, but also improve innovation performance. However, the efficiency of bank equity connections is influenced by the heterogeneity of enterprises and the value orientation of the subjects. Bank equity connections have a more significantly positive effect on innovation in private and central enterprises, whereas the principal-agent problem and government intervention may weaken the marginal contribution of bank equity connections to the innovation of local state-owned enterprises. Bank equity connections and intellectual property protection are complementary in promoting enterprise innovation. Not only are the combined effects of bank equity connections and intellectual property protection greater than the individual effects, but when the latter is relatively weak, the former’s positive effect on innovation is obviously weakened and may even crowd out innovation.

  19. Information Wants To Be Shared: An Alternative Framework for Approaching Intellectual Property Disputes in an Information Age.

    Science.gov (United States)

    Tavani, Herman T.

    2002-01-01

    Discusses the debate over intellectual property rights for digital media. Topics include why intellectual property should be protected; the evolution of copyright law; fair use doctrine; case studies; the philosophical theories of property, including labor theory, utilitarian theory, and personality theory; natural law theory; the social role of…

  20. Predictors of access to sex education for children with intellectual disabilities in public schools.

    Science.gov (United States)

    Barnard-Brak, Lucy; Schmidt, Marcelo; Chesnut, Steven; Wei, Tianlan; Richman, David

    2014-04-01

    Data from the National Longitudinal Transition Study-2 ( SRI International, 2002 ) were analyzed to identify variables that predicted whether individuals with intellectual disability (ID) received sex education in public schools across the United States. Results suggested that individuals receiving special education services without ID were only slightly more likely to receive sex education than students with mild ID (47.5% and 44.1%, respectively), but the percentage of students with moderate to profound ID that received sex education was significantly lower (16.18%). Analysis of teacher opinions and perceptions of the likelihood of the students benefiting from sex education found that most teachers indicated that students without ID or with mild ID would benefit (60% and 68%, respectively), but the percentage dropped to 25% for students with moderate to profound ID. Finally, across all students, the only significant demographic variable that predicted receipt of sex education was more expressive communication skills. Results are discussed in terms of ensuring equal access to sex education for students with ID in public schools.

  1. Journal of Intellectual Property Rights, 2002-2010: A Bibliometric Study

    Directory of Open Access Journals (Sweden)

    Dillip K. Swain

    2012-06-01

    Full Text Available This paper presents the findings of a bibliometric study of Journal of Intellectual Property Rights. A total of 332 articles carrying 1,541 journal citations during the period of 2002-2010 were analyzed. 471 authors contributed articles during the nine years. Due to the absolute domination of solo contributions, the visibility of collaborative contribution was found remarkably less. About one third of the total publications received citations, more than half of the cited articles carried just 1 citation, one fourth got 2 citations, and the rest received citations between 3 to 9 times. The average number of citations against all published articles was found to be 0.66 per article. Moreover, it was discovered that self-citations among authors constituted 22.01% of the total cited scholarly papers. The top five cited journals were Journal of Intellectual Property Rights, European Intellectual Property Review, Research Policy, World Patent Information, Trademark Reporter, and Current Science.

  2. Geographical Indication Characteristics and Agricultural Intellectual Property Protection of the Tea in Enshi Prefecture

    Institute of Scientific and Technical Information of China (English)

    Guangzhong; DAI

    2014-01-01

    Agricultural intellectual property rights can protect the innovation of agricultural science and technology. Enshi Prefecture is China’s important tea-producing area. Its tea industry has become a pillar industry. The prefecture enjoys a reputation of " world selenium capital",and is the best birthplace of natural selenium-enriched tea. The national geographical indication protection has been implemented for Enshi Yulu Tea,Enshi selenium-enriched tea,Wujiatai Tribute Tea,Hefeng Tea,Mapo Tea,etc. This paper introduces the geographical indication characteristics and agricultural intellectual property protection of the tea in this world selenium capital,analyses the countermeasures for agricultural intellectual property protection,and puts forward some constructive suggestions.

  3. Intellectual property rights related to the genetically modified glyphosate tolerant soybeans in Brazil.

    Science.gov (United States)

    Rodrigues, Roberta L; Lage, Celso L S; Vasconcellos, Alexandre G

    2011-06-01

    The present work analyzes the different modalities of protection of the intellectual creations in the biotechnology agricultural field. Regarding the Brazilian legislations related to the theme (the Industrial Property Law - no. 9. 279/96 and the Plant Variety Protection Law - no. 9. 456/97), and based in the international treaties signed by Brazil, the present work points to the inclusions of each of them, as well as to their interfaces using as reference the case study of glyphosate tolerant genetically modified soybean. For this case study, Monsanto's pipelines patents were searched and used to analyze the limits of patent protection in respect to others related to the Intellectual Property (IP) laws. Thus, it was possible to elucidate the complex scenario of the Intellectual Property of the glyphosate tolerant soybeans, since for the farmer it is hard to correlate the royalties payment with the IP enterprise's rights.

  4. The Management Of Intellectual Property In A Romanian State University Where Research Represents A Strength

    Science.gov (United States)

    Tîţu, Aurel Mihail; Oprean, Constantin; Răulea, Andreea Simina

    2015-07-01

    The transition to the knowledge-based economy and society requires adaptation to constant change that implies intellectual property as a multidimensional concept that continually leaves its mark on generations contributing to their well-being in obvious and undeniable ways. The main objective of this article was to assess the present level of the management of intellectual property in a state university in Romania displaying their strengths and weaknesses. The overall objective of the work is to analyze the state of the art in a Romanian state university in order to find solutions to the current problems that the Romanian scientific environment is facing. The conclusions drawn in the study converge in directions and proposals for improving the way in which the intellectual property is regarded and its management in the state universities of Romania.

  5. Intuitive intellectual property law: A nationally-representative test of the plagiarism fallacy.

    Science.gov (United States)

    Fast, Anne A; Olson, Kristina R; Mandel, Gregory N

    2017-01-01

    Studies with convenience samples have suggested that the lay public's conception of intellectual property laws, including how the laws should regulate and why they should exist, are largely incommensurate with the actual intended purpose of intellectual property laws and their history in the United States. In this paper, we test whether these findings generalize to a more diverse and representative sample. The major findings from past work were replicated in the current study. When presented with several potential reasons for IP protection, the lay public endorsed plagiarism and felt that acknowledging the original source of a creative work should make copying that work permissible-viewpoints strongly divergent from lawmakers' intent and the law itself. In addition, we replicate the finding that lay people know remarkably little about intellectual property laws more generally and report little experience as users or creators of creative works.

  6. A First Probe into Vietnam's Intellectual Property Rights Law%越南知识产权法初论

    Institute of Scientific and Technical Information of China (English)

    李强; 范祚军

    2005-01-01

    Vietnam did not make any intellectual property laws until 1950s and 1980s and since then, its intellectual property laws have been revised several times, but there are still many problems which need to be solved pertinently. Like other developing countries, it needs to consummate five aspects in this respect and if it wants to join the WTO, its intellectual law needs to accord with the lowest standard of TRIPS agreement.

  7. GENERAL GUIDELINES CONCERNING THE RELATION INTERNATIONAL INTELLECTUAL PROPERTY BUSINESS VERSUS HUMAN RIGHTS AND CIVIL LIBERTIES

    Directory of Open Access Journals (Sweden)

    Speriusi-Vlad Alin

    2014-07-01

    Full Text Available Today, the intellectual property protection is no longer an absolute social and legal that justifies adoption of any measures necessary to protect it. Initially seen as the prerequisite for sustainable development, implementation of new technologies, and encouragement of international trade, the intellectual property, especially prior to ACTA (Anti-Counterfeiting Trade Agreement international trial implementation, and also thereafter, was increasingly identified as a source of violation of fundamental rights and civil liberties, i.e. the right to protection of personal data, the right to privacy, freedom to send and receive information freedom of information, freedom to contract, and freedom to carry out economic activities (freedom of commerce. As far as international trade transactions have often a component of intellectual property that requires to be protected, it is necessary to identify the landmarks, the rules establishing de facto limits in order to protect the intellectual property without risk of infringement of fundamental rights and civil liberties of other persons, in particular users or potential users of goods and services incorporating intellectual property. The best guidelines in this regard may be provided by the CJEU (Court of Justice of the European Union case-law both due to its reasoning underlying the decision of the Parliament to reject ACTA ratification and the fact that the case-law of this Court, especially the most recent one, is highly complex and nuanced, not denying in any way the importance of intellectual property, and identifying certain cases where their primacy persist and whose analysis leads to laying down some general rules in the field.

  8. Technology and intellectual property strategy of a firm: A view through the commons theory lens

    Directory of Open Access Journals (Sweden)

    Mukundan Raghavan

    2013-12-01

    Full Text Available Strategy theory positions technology as a crucial resource of private value creation while commons theory provides governance structures pertinent to resource utilisation. The widening disconnect in the approach towards leveraging a resource and its governance increases the pressure on intellectual property that links strategy and commons. We discern in this work the existence of an implicit relationship between strategy and commons. Based on a multidisciplinary study of strategy, commons, and intellectual property theories, we propose patent pools in the form of semicommons as a strategic appropriation mechanism that balances technology strategy, IP strategy and commons in the pursuit of value creation.

  9. A Modified Hardware Efficient Watermarking Scheme for Intellectual Property Protection in Sequential Circuits

    Directory of Open Access Journals (Sweden)

    Jeebananda Panda

    2014-07-01

    Full Text Available This paper presents a modified scheme for intellectual property protection in sequential circuits by embedding watermark in state transition graph in order to prove ownership in case of intellectual property theft. The hardware requirement, in general, increases for designs which are watermarked. The proposed scheme is hardware efficient than the existing scheme. The proposed scheme is illustrated through an example of a six bit sequence detector. The workability of the scheme is demonstrated by simulating RTL using VHDL simulators. The performance comparison with the existing scheme indicates that the proposed scheme is hardware efficient than the existing one

  10. [Research on basic questions of intellectual property rights of acupuncture and moxibustion].

    Science.gov (United States)

    Dong, Guo-Feng; Wu, Xiao-Dong; Han, Yan-Jing; Meng, Hong; Wang, Xin

    2011-12-01

    Along with the modernization and internationalization of acupuncture-moxibustion (acu-moxibustion), the issue of intellectual property rights has been becoming prominent and remarkable increasingly. In the present paper, the authors explain the basic issues of acu-moxibustion learning from the concept, scope, subject, object, contents and acquisition way of intellectual property rights. To make clear these questions will help us inherit and carry forward the existing civilization achievements of acu-moxibustion, and unceasingly bring forth new ideas and further improvement in clinical application, so as to serve the people's health in a better way.

  11. The intellectual property management for data sharing in a German liver cancer research network.

    Science.gov (United States)

    He, Shan; Ganzinger, Matthias; Knaup, Petra

    2012-01-01

    Sharing data in biomedical research networks has great potential benefits including efficient use of resources, avoiding duplicate experiments and promoting collaboration. However, concerns from data producers about difficulties of getting proper acknowledgement for their contributions are becoming obstacles for efficient and network wide data sharing in reality. Effective and convenient ways of intellectual property management and acknowledging contributions to the data producers are required. This paper analyzed the system requirements for intellectual property management in a German liver cancer research network and proposed solutions for facilitating acknowledgement of data contributors using informatics tools instead of pure policy level strategies.

  12. Empirical Research on the Competence of Intellectual Property Rights in Shenzhen Based on Regional Industrial Innovation

    Institute of Scientific and Technical Information of China (English)

    LI Ping; LI Rong; XIAO Yan-gao; CAI Xiao-hong

    2006-01-01

    Based on statistical data of the regional industry and the level of intellectual property right (IPR) development, this paper adopts the ways such as regression analysis and description statistics, trying to analyze the intrinsic linkage among the regional industry innovation, regional competence and IPR competence. A conclusion was drawn that IPR competence can assuredly upgrade the industrial competence and regional competence, but the supporting from perfect institutional environment and service system of intellectual property rights (IPR) is yet needed. According to the analysis, this paper gives some suggestions on how to improve the IPR competence of Shenzhen.

  13. Intellectual Property Rights on Plant Genetic Resources: Perspective from Economics%Intellectual Property Rights on Plant Genetic Resources: Perspective from Economics

    Institute of Scientific and Technical Information of China (English)

    Zhang Caixia; Zhou Yanping

    2012-01-01

    Given the existence of transaction costs, the location of property rights is an important factor in determining the incentives for efficient levels of investment at various levels of the industry. This paper applies some of the economic theories of property rights and industrial structure to the issues concerning the con- servation of biodiversity. Although the expansion of Intellectual Property Rights (IPR) systems into the area of genetic resources has increased private investment in R&D process of the agricul- ture, it does not generate enough incentives for in situ conservation of biodiversity. To solve this economic inefficiency, farmers' rights and other design of incentives and institutional arrangement should be reconsidered.

  14. After thalidomide - do we have the right balance between public health and intellectual property.

    Science.gov (United States)

    Feldschreiber, Peter; Breckenridge, Alasdair

    2015-01-01

    The current European regulatory and consumer protection legal framework is the legacy of Thalidomide. The disaster led to the introduction of systematic biological and clinical data to endorse the safety and efficacy of new medicines. The European Medicines Directive outlined the pre-clinical, clinical data and product information to evaluate an appropriate benefit. Risk profile of new medicines and also allowed innovative companies to extend patent protection and data/marketing exclusivity periods to compensate for the cost for research and development. However in recent years it has become apparent that the costs and time for research and development are becoming increasingly burdensome, particularly for new drugs with recently discovered mechanisms of action for cancers and neurodegenerative disorders. The costs of development and the commercial uncertainty of such products is reducing commercialisation of these medicines. There is now considerable debate in the regulatory community as to how this regulatory burden may be eased by making earlier review of benefit risk and hence earlier access to authorised medicines. The Courts are moving away from the wide definition of medicinal product to a more nuanced view of the biological and clinical therapeutic mechanisms to satisfy the 'functional' limb definition in the Directive. This may be a move away from the rigorous scientific methodology generated after thalidomide. We discuss the ethical and public health implications of this shift in policy and the implications for intellectual property mechanisms currently available to protect the commercial needs of companies.

  15. Ethnobotany/ethnopharmacology and mass bioprospecting: issues on intellectual property and benefit-sharing.

    Science.gov (United States)

    Soejarto, D D; Fong, H H S; Tan, G T; Zhang, H J; Ma, C Y; Franzblau, S G; Gyllenhaal, C; Riley, M C; Kadushin, M R; Pezzuto, J M; Xuan, L T; Hiep, N T; Hung, N V; Vu, B M; Loc, P K; Dac, L X; Binh, L T; Chien, N Q; Hai, N V; Bich, T Q; Cuong, N M; Southavong, B; Sydara, K; Bouamanivong, S; Ly, H M; Thuy, Tran Van; Rose, W C; Dietzman, G R

    2005-08-22

    Ethnobotany/ethnopharmacology has contributed to the discovery of many important plant-derived drugs. Field explorations to seek and document indigenous/traditional medical knowledge (IMK/TMK), and/or the biodiversity with which the IMK/TMK is attached, and its conversion into a commercialized product is known as bioprospecting or biodiversity prospecting. When performed in a large-scale operation, the effort is referred to as mass bioprospecting. Experiences from the mass bioprospecting efforts undertaken by the United States National Cancer Institute, the National Cooperative Drug Discovery Groups (NCDDG) and the International Cooperative Biodiversity Groups (ICBG) programs demonstrate that mass bioprospecting is a complex process, involving expertise from diverse areas of human endeavors, but central to it is the Memorandum of Agreement (MOA) that recognizes issues on genetic access, prior informed consent, intellectual property and the sharing of benefits that may arise as a result of the effort. Future mass bioprospecting endeavors must take heed of the lessons learned from past and present experiences in the planning for a successful mass bioprospecting venture.

  16. Intellectual Property Protection in Network Information Era%网络信息时代的知识产权保护

    Institute of Scientific and Technical Information of China (English)

    曹宽增

    2001-01-01

    The article consists of 4 parts: (1) introducing the basic knowledge and developing status of the intellectual property protection; (2) analyzing and forecasting the fundamentality of the intellectual property protection; (3) em-phatically probing into the new problems on the intellectual property protection; (4) sparkplnging libraries and intelligent organizations to play an important role in the intellectual property protection, especially in the interrelated international communication and cooperation.

  17. Comparing regulatory treatment of intellectual property at WTO and EU level

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2012-01-01

    Comprising the technologies, brands, artistic expression, and so on, attached to goods and services, intellectual property (IP) is an omnipresent feature of modern trade movement. Given the geographical scope of the businesses and consumers that create and use IP to give their goods and services...

  18. A decision framework to evaluate intellectual property strategies in the medical nutrition market

    NARCIS (Netherlands)

    Weenen, T.C.; Jentink, A.; Pronker, E.S.; Commandeur, H.R.; Claassen, E.

    2013-01-01

    In the medical nutrition (MN) market, insights into the motives driving intellectual property (IP) protection strategies remain unclear. This emerging market has expressed the pressing need for clarity on the subject of applicable IP methods. The aim of this study is therefore to evaluate the role o

  19. 75 FR 8137 - Coordination and Strategic Planning of the Federal Effort Against Intellectual Property...

    Science.gov (United States)

    2010-02-23

    ... BUDGET Coordination and Strategic Planning of the Federal Effort Against Intellectual Property... Joint Strategic Plan AGENCY: Office of Management and Budget, Executive Office of the President. ACTION...: The Joint Strategic Plan. The IPEC is currently working with the interagency advisory committee to...

  20. Evolution of Intellectual Property Protection in Post-Mao China: Law and Enforcement

    NARCIS (Netherlands)

    W. Liu (Wenqi)

    2014-01-01

    markdownabstract__Abstract__ In modern society, knowledge and information have become the most important resources. Knowledge and information bring dramatic changes and create great wealth for our society. Intellectual property (IP) rights, exclusive rights granted to right holders, are designed to

  1. Intellectual property rights for agriculture in international trade and investment agreements: A plant breeding perspective

    NARCIS (Netherlands)

    Eaton, D.J.F.; Louwaars, N.P.; Tripp, R.

    2006-01-01

    The agricultural sector, and in particular plant breeding, is one area where this flexibility of intellectual property rights (IPR) is quite broad. This note argues that policymakers need to pay close attention to the role that IPRs can play in agricultural development by providing incentives for

  2. Intellectual property and pharmaceutical innovation : a model for managing the creation of knowledge under proprietary conditions

    NARCIS (Netherlands)

    Reekum, Antonie Henric van

    1999-01-01

    This study focused on IP management in the context of pharmaceutical innovation. The pharmaceutical industry was chosen because, in an early stage of the project, several indications were found that intellectual property is of particular concern to management in this industry. The theoretical contri

  3. The Intellectual property in the Mexico-Japan Economic Association Agreement

    Directory of Open Access Journals (Sweden)

    Fernando Alfonso Rivas Mira

    2007-11-01

    Full Text Available This article is about the commercial and cooperation clauses in Intellectual Property Rights contained in the Agreement of Economic Association between Mexico and Japan The author describe the clauses and interpret them in terms of its possible impact and also in terms of the national interest assumed by the Mexican Government.

  4. Can you shrinkwrap a cow? Protections available for the intellectual property of the animal breeding industry.

    Science.gov (United States)

    Ogden, E R; Weigel, K

    2007-12-01

    There are currently four main intellectual property protection statutory schemes available: copyright, trade secret, trademark and patent. Each of these protects a different aspect of intellectual property, which leaves gaps of protection when an innovation does not fit squarely within the boundaries of the statutes. Contracts allow the industry to tailor the protection desired. One very common approach is to license the product via contract. Licences allow intellectual property owners to retain ownership and give permission to others to use the product. Although there are several types of licences, the most common is the field of use licence, which limits the licensee's use of the product. This often leads to price discrimination where various levels of restriction are offered at corresponding prices. The more rights retained by the owner, the more restricted the buyer is and the lower the purchase price allowing customers to choose the level of restriction they are willing to accept. Therefore, the different uses and needs of various customers can be accounted for and reflected in the price. The animal breeding industry is currently struggling to protect their innovations falling into these statutory gaps. The protection for animal breeding industry innovations is most likely through contract law rather than traditional intellectual property law. By taking advantage of the unique nature of contracts, industry will be able to tailor protection and pricing to best suit the variety of customers and uses for the products sold.

  5. Intellectual Property Rights in E-Learning Programmes: Report of the Working Group.

    Science.gov (United States)

    Higher Education Funding Council for England, Bristol.

    This report is a good practice guide for higher education institutions on intellectual property rights in e-learning programs. The report includes model clauses that may be included in contracts at higher education institutions and incorporates comments from a previous limited "expert" consultation. It focuses on how to manage…

  6. Curriculum, Intellectual Property Rights and Open Educational Resources in British Universities--and Beyond

    Science.gov (United States)

    Hawkridge, David; Armellini, Alejandro; Nikoi, Samuel; Rowlett, Tania; Witthaus, Gabi

    2010-01-01

    Is the curriculum in British universities being influenced by decisions about ownership of intellectual property rights (IPR) in "open educational resources" (OERs) that are available online under Creative Commons licenses, free of charge? This paper provides the context for, describes and analyses three significant examples in British…

  7. 75 FR 68325 - Government Programs to Assist Businesses Protect Their Intellectual Property Rights (IPR) in...

    Science.gov (United States)

    2010-11-05

    ...) concerning government programs for protecting the intellectual property rights of U.S. businesses in foreign... rights in foreign markets. The goal of the review is to improve efforts to support U.S. businesses facing... rights in foreign markets in particular. 2. Identify specific challenges businesses, including SMEs,...

  8. A decision framework to evaluate intellectual property strategies in the medical nutrition market

    NARCIS (Netherlands)

    Weenen, T.C.; Jentink, A.; Commandeur, H.R.; Pronker, E.S.; Claassen, E.

    2013-01-01

    In the medical nutrition (MN) market, insights into the motives driving intellectual property (IP) protection strategies remain unclear. This emerging market has expressed the pressing need for clarity on the subject of applicable IP methods. The aim of this study is therefore to evaluate the role

  9. The Effect of Intellectual Property Standards on the Catch-Up Process Of Emerging Market Economies

    DEFF Research Database (Denmark)

    Darendeli, Izzet; Brandl, Kristin Martina; Hamilton, III, Robert D.

    2014-01-01

    The catch-up process of emerging market economies is dependent on multiple factors, such as local governmental regulations but also global industry developments. We investigate how intellectual property (IP) protection standards affect this catch-up process. The alignment of these standards...

  10. The Effect of Intellectual Property Standards on the Catch-Up Process Of Emerging Market Economies

    DEFF Research Database (Denmark)

    Darendeli, Izzet Sidki; Brandl, Kristin; Mudambi, Ram

    The catch-up process of emerging market economies is dependent on multiple factors, such as local governmental regulations but also global industry developments. We investigate how intellectual property (IP) protection standards affect this catch-up process. The alignment of these standards...

  11. Curriculum, Intellectual Property Rights and Open Educational Resources in British Universities--and Beyond

    Science.gov (United States)

    Hawkridge, David; Armellini, Alejandro; Nikoi, Samuel; Rowlett, Tania; Witthaus, Gabi

    2010-01-01

    Is the curriculum in British universities being influenced by decisions about ownership of intellectual property rights (IPR) in "open educational resources" (OERs) that are available online under Creative Commons licenses, free of charge? This paper provides the context for, describes and analyses three significant examples in British higher…

  12. Research on Intellectual Property Right Problems of Peer-to-Peer Networks.

    Science.gov (United States)

    Dong, Ying; Li, Mingshu; Chen, Meizhang; Zheng, Shengli

    2002-01-01

    Discusses digital intellectual property rights relating to peer-to-peer networks, using Napster as an example. Suggests anti-piracy solutions to prevent litigation and considers how libraries can develop potential service models using peer-to-peer networks, including the development of personal libraries on the Internet, interlibrary loan,…

  13. Research on Intellectual Property Right Problems of Peer-to-Peer Networks.

    Science.gov (United States)

    Dong, Ying; Li, Mingshu; Chen, Meizhang; Zheng, Shengli

    2002-01-01

    Discusses digital intellectual property rights relating to peer-to-peer networks, using Napster as an example. Suggests anti-piracy solutions to prevent litigation and considers how libraries can develop potential service models using peer-to-peer networks, including the development of personal libraries on the Internet, interlibrary loan,…

  14. Overprotection and Protection Overlaps in Intellectual Property Law - the Need for Horizontal Fair Use Defences

    NARCIS (Netherlands)

    Senftleben, M.R.F.

    2011-01-01

    During the last decades, intellectual property protection has been expanded continuously. New technologies were found eligible for patent protection. New types of marks have been recognized in trademark law. Copyright law is no longer confined to the cultural domain. In parallel, the exclusive right

  15. Intellectual Property Rights in Plant Breeding and Biotechnology: assessing impact on the Indian seed industry

    NARCIS (Netherlands)

    Pal, S.; Tripp, R.; Louwaars, N.P.

    2007-01-01

    The enactment of Intellectual Property Rights legislation and its enforcement are two distinct tasks, and the latter requires development of institutional capacity. The impact of IPRs should be seen in conjunction with economic policies and other regulations like seed and biosafety rules, which are

  16. Public research in plant breeding and intellectual property rights: a new call for new institutional policies

    NARCIS (Netherlands)

    Tripp, R.; Eaton, D.J.F.; Louwaars, N.P.

    2006-01-01

    This paper addresses the issue of using intellectual property rights (IPRs) in public sector breeding, and the potential impact on breeding strategies and on the costs and benefits. The paper is based on a study on the impact of IPRs in the breeding industry in developing countries. There are three

  17. Public research in plant breeding and intellectual property rights: a new call for new institutional policies

    NARCIS (Netherlands)

    Tripp, R.; Eaton, D.J.F.; Louwaars, N.P.

    2006-01-01

    This paper addresses the issue of using intellectual property rights (IPRs) in public sector breeding, and the potential impact on breeding strategies and on the costs and benefits. The paper is based on a study on the impact of IPRs in the breeding industry in developing countries. There are three

  18. Curbing International Piracy of Intellectual Property. Policy Options for a Major Exporting Country.

    Science.gov (United States)

    Hoffman, Gary M.; Marcou, George T.

    This report of the International Piracy Project addresses three major topics: (1) The Costs and Complications of Piracy; (2) Rights Enforcement Today; and (3) Policy Options for Curbing Piracy. The first section discusses piracy of copyrights, patents, and other intellectual property, including economic losses and damage to the finances and…

  19. An Overview of Intellectual Property Issues Associated with Distance Learning in Florida.

    Science.gov (United States)

    Florida State Legislature, Tallahassee.

    This report serves as an overview of intellectual property law, policies, and practices as they relate to distance learning. It seeks to provide background information and direction for the Florida Distance Learning Network and the Postsecondary Education Planning Commission's Task Force on Telecommunications. Several of the technologies used in…

  20. Discrimination and other barriers to accessing health care: perspectives of patients with mild and moderate intellectual disability and their carers.

    Directory of Open Access Journals (Sweden)

    Afia Ali

    Full Text Available BACKGROUND: People with intellectual disability have a higher prevalence of physical health problems but often experience disparities in accessing health care. In England, a number of legislative changes, policies and recommendations have been introduced to improve health care access for this population. The aim of this qualitative study was to examine the extent to which patients with intellectual disability and their carers experience discrimination or other barriers in accessing health services, and whether health care experiences have improved over the last decade years. METHOD AND MAIN FINDINGS: Twenty nine participants (14 patient and carer dyads, and one carer took part in semi-structured interviews. The interviews were audio-taped and transcribed and analysed using thematic analysis. Eight themes were identified. Half the participants thought that the patient had been treated unfairly or had been discriminated against by health services. There were accounts of negative staff attitudes and behaviour, and failure of services to make reasonable adjustments. Other barriers included problems with communication, and accessing services because of lack of knowledge of local services and service eligibility issues; lack of support and involvement of carers; and language problems in participants from minority ethnic groups. Most participants were able to report at least one example of good practice in health care provision. Suggestions for improving services are presented. CONCLUSION: Despite some improvements to services as a result of health policies and recommendations, more progress is required to ensure that health services make reasonable adjustments to reduce both direct and indirect discrimination of people with intellectual disability.

  1. The Law Governing International Intellectual Property Licensing Agreements (A Conflict of Laws Analysis)

    OpenAIRE

    De Miguel Asensio, Pedro Alberto

    2013-01-01

    1. Introduction. 2. Characterization and scope of the law applicable to intellectual property rights. 2.1 Industrial property rights. 2.2 Copyright and related rights. 3. Party autonomy. 4. Applicable law in the absence of choice. 4.1. Typology of contracts and connecting factors. 4.2. License agreements under the Rome I Regulation. 4.3. Characteristic performance. 4.4. Closest connection. 4.5. Model provisions and future perspectives. 5. Overriding mandatory provisions. Bibliography

  2. [On the interrelationship between standardization and intellectual property rights of acu-moxibustion therapy].

    Science.gov (United States)

    Liu, Mai-lan; Chang, Xiao-rong; Yuan, Yi-qin

    2014-10-01

    Under the condition of knowledge economy, the acu-moxibustion standardization definitely involves intellectual property rights. Then, what is the relationship between the standardization and the intellectual property rights of acu-moxibustion? The authors of the present paper hold that it is not only exclusive, but also syncretic. If their relationship cannot be handled properly, their own respective development will be affected adversely. Therefore, a proper handling of the relationship between the two is of great practical significance. The present paper makes a comprehensive analysis about their interaction (mutual promotion and mutual inhibition), similarities (systemic composition, dynamic implementation course, standardization-rated order and ultimate targets) and differences (in properties, working components, secret requirement, effectiveness-time limitation, usage cost, etc).

  3. Protecting Students' Intellectual Property in the Web Plagiarism Detection Process

    Science.gov (United States)

    Butakov, Sergey; Dyagilev, Vadim; Tskhay, Alexander

    2012-01-01

    Learning management systems (LMS) play a central role in communications in online and distance education. In the digital era, with all the information now accessible at students' fingertips, plagiarism detection services (PDS) have become a must-have part of LMS. Such integration provides a seamless experience for users, allowing PDS to check…

  4. Predictors of Access to Sex Education for Children with Intellectual Disabilities in Public Schools

    Science.gov (United States)

    Barnard-Brak, Lucy; Schmidt, Marcelo; Chesnut, Steven; Wei, Tianlan; Richman, David

    2014-01-01

    Data from the National Longitudinal Transition Study-2 (SRI International, 2002) were analyzed to identify variables that predicted whether individuals with intellectual disability (ID) received sex education in public schools across the United States. Results suggested that individuals receiving special education services without ID were only…

  5. Predictors of Access to Sex Education for Children with Intellectual Disabilities in Public Schools

    Science.gov (United States)

    Barnard-Brak, Lucy; Schmidt, Marcelo; Chesnut, Steven; Wei, Tianlan; Richman, David

    2014-01-01

    Data from the National Longitudinal Transition Study-2 (SRI International, 2002) were analyzed to identify variables that predicted whether individuals with intellectual disability (ID) received sex education in public schools across the United States. Results suggested that individuals receiving special education services without ID were only…

  6. Protecting intellectual property in space; Proceedings of the Aerospace Computer Security Conference, McLean, VA, March 20, 1985

    Science.gov (United States)

    1985-01-01

    The primary purpose of the Aerospace Computer Security Conference was to bring together people and organizations which have a common interest in protecting intellectual property generated in space. Operational concerns are discussed, taking into account security implications of the space station information system, Space Shuttle security policies and programs, potential uses of probabilistic risk assessment techniques for space station development, key considerations in contingency planning for secure space flight ground control centers, a systematic method for evaluating security requirements compliance, and security engineering of secure ground stations. Subjects related to security technologies are also explored, giving attention to processing requirements of secure C3/I and battle management systems and the development of the Gemini trusted multiple microcomputer base, the Restricted Access Processor system as a security guard designed to protect classified information, and observations on local area network security.

  7. "Innovation and Intellectual Property Policies in European Research Infrastructure Consortia - PART I: The Case of the European Spallation Source ERIC"

    DEFF Research Database (Denmark)

    Yu, Helen; Wested, Jakob; Minssen, Timo

    2017-01-01

    of the problems society is facing today. To facilitate the creation and operation of such RIs, the EU adopted legal frameworks for European Research Infrastructure Consortia (ERIC). On August 31, 2015, the European Spallation Source (ESS) was established as an ERIC. Under the ERIC Regulations and ESS Statutes......Research and innovation are key pillars of the EU’s strategy to create sustainable growth and prosperity in Europe. Research infrastructures (RIs) are central instruments to implement this strategy. They bring together a wide diversity of expertise and interests to look for solutions to many......, the European Spallation Source ERIC is required to adopt various policy documents relating to the operation and management of the facility. These cover a wide variety of issues such as user access, public procurement, intellectual property rights (IPR), data management, and dissemination. One of the main goals...

  8. Space Shuttle, private enterprise and intellectual properties in the context of space manufacturing

    Science.gov (United States)

    Hosenball, S. N.; Kempf, R. F.

    1983-01-01

    It is a national policy to make the capabilities of the Space Transportat ion System available to a wide range of potential users. This includes its availability as a space manufacturing facility for commercial activities, which may be carried out on a reimbursable basis or as a joint endeavor with NASA, but with substantial private investment. In any high risk, long lead-time research and development activity directed towards commercialization, the protection afforded the results of the research and development under the laws relating to intellectual property rights may provide an important incentive for private investment. The paper reviews NASA's policies and practices for the protection of privately-established intellectual property rights involved in STS use, with particular emphasis on reimbursable launch agreements and joint endeavor agreements.

  9. Intellectual Property Is No Game: An Interview with James G. Gatto, JD.

    Science.gov (United States)

    2012-12-01

    Copying within the games industry is reportedly widespread. Some people attribute this to the belief that this is just the way it is and has always been based on the notion that the "idea" for a game is not protectable. But as the game market grows, so too do the losses from copying suffered by game innovators. A contributing factor is that many game developers do not develop comprehensive strategies for protecting the valuable intellectual property that they create. In the following interview, Bill Ferguson, PhD, Editor of Games for Health Journal, discusses the hazards and ways to protect health game assets with intellectual property expert Jim Gatto, Leader of the Social Media, Entertainment & Technology Team at the respected law firm of Pillsbury Winthrop Shaw Pittman LLP.

  10. Intellectual Property as a Drive for Sustainable Medical Tourism – The Ana Aslan case

    Directory of Open Access Journals (Sweden)

    Bolos Mihaela Daciana

    2014-11-01

    Full Text Available The present paper studies the way intellectual property rights may encourage sustainable medical tourism, meaning the advantages that a patent, traditional knowledge, a trademark, or other IP right may offer to a hospital in order to attract foreign patients. The analysis is done trough the Institute of Gerontology and Geriatrics “Ana Aslan” case study, seen not from a medical point of view but from the perspective of the intellectual property importance for the development of medical tourism. The Institute of Gerontology and Geriatrics “Ana Aslan” was founded in 1952 and become an international renowned center in the study and the diminishing of old age effects. Many celebrities (artist and state presidents came to receive treatment here, even though Romania had, at that time, a communist regime.

  11. Intellectual property rights and research disclosure in the university environment: preserving the commercialization option and optimizing market interest.

    Science.gov (United States)

    Patino, Robert

    2009-03-01

    Clinical and basic scientists at academic medical and biomedical research institutions often form ideas that could have both monetary and human health benefits if developed and applied to improvement of human wellbeing. However, such ideas lose much of their potential value in both regards if they are disclosed in traditional knowledge-sharing forums such as abstracts, posters, and oral presentations at research meetings. Learning the basics about intellectual property protection and obtaining professional guidance in the management of intellectual property from a knowledgeable technology management professional or intellectual property attorney can avoid such losses yet pose a minimal burden of confidentiality on the investigator. Knowing how to successfully navigate the early stages of intellectual property protection can greatly increase the likelihood that discoveries and knowledge will become available for the public good without diminishing the important mandate of disseminating knowledge through traditional knowledge-sharing forums.

  12. Impact of intellectual property rights from publicly financed research and development on research alliance governance mode decisions

    CSIR Research Space (South Africa)

    Staphorst, L

    2015-06-01

    Full Text Available Recently, demands to generate more economic benefit from publicly financed Research and Development (R&D) in South African has resulted in the enactment of the Technology Innovation Agency (TIA) and the Intellectual Property Rights from Publicly...

  13. Commercial applicability of cell microancapsulation: a review of intellectual property rights.

    Science.gov (United States)

    Meier, Stephan M

    2010-01-01

    Maturity and applicability of a distinct field of science can be estimated, using a review of current filing statistics of patent applications. Therefore, hereby a search based on international classifications has been directed to the world intellectual property organization (WIPO) to determine the amount and content of patent applications related to the field of cell microencapsulation. The search was evaluated with regard to the distinct indications envisaged and an evaluation of possible technology gaps for fostering further progress was conducted.

  14. Intellectual Property Rights, International Joint Ventures and FDI: An Empirical Study

    OpenAIRE

    Thitima Puttitanun

    2006-01-01

    Two types of foreign direct investments (FDI), joint ventures (JVs) and wholly owned affiliates, should be treated separately when studying the influence of intellectual property rights (IPRs) on FDI. Failure to distinguish between types of FDI may explain previously mixed results regarding the effects of IPRs on FDI. Using U.S. affiliates data, we find that JVs and wholly owned affiliates react to a change in IPRs regime differently. In particular, there exists an education threshold level a...

  15. ‘Biopiracy’ as a Challenge to Intellectual Property Rights Systems

    OpenAIRE

    Chris Hamilton

    2006-01-01

    Chris Hamilton focuses on the use and significance of the term ‘biopiracy’. He analyses how biopiracy is used to index a divergence of conflicting views about the ramifications of increasing technological and legal encroachments into the realm of knowledge and nature. He argues that biopiracy brings together in one term the ambivalent promises that emerge at the intersection of science, nature and intellectual property rights (IPR), as well as at the intersection of the developed and the deve...

  16. Assessing the impacts of intellectual property rights on trade flows in Latin America

    OpenAIRE

    Juan S. Blyde

    2006-01-01

    The protection of intellectual property has been a subject of great contention between developed and developing countries in recent years. Although the Agreement on TRIPs was signed by the members of the World Trade Organization (WTO) during the Uruguay Round of trade negotiations, its provisions are still viewed with animosity by many developing countries. A complete evaluation of the net effects of the TRIPs agreement in developing countries would require a broad assessment of all the costs...

  17. Of war and peace: analyzing the policy discourse on intellectual property

    OpenAIRE

    Ghafele, Roya

    2010-01-01

    This study analyzes underlying themes of the international policy discourse on Intellectual Property (IP) and in this sense raises awareness on common pitfalls currently associated with international policy making in the area of innovation. Methodologically it is situated within the domain of discourse analysis, which considers policy making as strongly embedded by a specific representative order that paves the way for framing policies in one specific way, while systematically silencing alter...

  18. Global forms and mechanisms for transnationalization of market of intellectual property items

    Directory of Open Access Journals (Sweden)

    Yaroslava Stoliarchuk

    2015-06-01

    Full Text Available The paper studies present-day processes of transnationalization of world market of intellectual property items (IPI in complex; it determines their mechanisms and evaluates impact on parameters of innovative and technological safety of countries and regions. Role of transnational corporations in the international technology exchange is revealed, and their competitive positions at the world IPI market are analyzed. Global character of monopolization of intellectual property market is justified, as well as key directions of upgrade of technology policy of transnational structures in terms of enhancement of their innovative leadership. Significant amount of attention is paid to analysis of operations of cross-border strategic alliances as one of institutional forms of build-up of corporate patent portfolios and enhancement of competitive positions of transnational corporations at the world intellectual property market. It is proved that in order to maintain steady competitive advantages at the IPI global market the majority of transnational corporations actively monitors emergence of new technology just at the initial stage of fundamental research, thus deepening the interstate innovative and technological gap even under the technoglobalism.

  19. 企业知识产权管理探讨%Corporate Intellectual Property Management

    Institute of Scientific and Technical Information of China (English)

    王淑芹; 闫泽君

    2013-01-01

    Because of the lack of long-term strategic thinking and cultural atmosphere of intellectual property protection, and incomplete laws and regulations and administrative protection system, Chinese enterprises have some problems in intellectual property management, in terms of weak protection awareness, hard right safeguarding and evidence obtaining process, and difficulties in settling the volume of tort compensation. China should establish a strategic planning of corporate intellectual property; strengthen the construction of system and management organization, improve the legal system, and enhance personnel training.%目前,由于我国企业缺乏长远战略思维、知识产权管理法律法规不健全、行政保护制度不完善、知识产权保护文化氛围缺乏等原因,我国企业在知识产权管理中存在着保护意识薄弱、维权取证困难、侵权赔偿额度难以确定等问题。我国应建立企业知识产权战略规划;加强企业知识产权制度建设和管理组织建设;完善知识产权法律体系;加强知识产权管理人才培养。

  20. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH

    OpenAIRE

    Jerome H Reichman

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as “mark...

  1. Intellectual property and pharmaceutical drugs: an ethical analysis.

    Science.gov (United States)

    De George, Richard T

    2005-10-01

    The pharmaceutical industry has in recent years come under attack from an ethical point of view concerning its patents and the non-accessibility of life-saving drugs for many of the poor in both less developed countries and in the United States. The industry has replied with economic and legal justifications for its actions. The result has been a communication gap between the industry on the one hand and poor nations and American critics on the other. This paper attempts to present and evaluate the arguments on all sides and suggests a possible way out of the current impasse. It attempts to determine the ethical responsibility of the drug industry in making drugs available to the needy, while at the same time developing the parallel responsibilities of individuals, governments, and NGOs. It concludes with the suggestion that the industry develop an international code for its self-regulation.

  2. Beyond the Ingelfinger Rule: the intellectual property ethics after the end of biomedical journals' monopoly.

    Science.gov (United States)

    Germenis, A E

    1999-01-01

    According to the so-called Ingelfinger Rule (IR), biomedical journals do not accept for publication papers which have already been publicized elsewhere. This rule was subjected to fierce criticism which was mainly based on the fact that authors transfer the intellectual rights of their work to the journals. With the emergence of the Internet, the scientific community has a golden opportunity to re-evaluate the IR concept. Scientists no longer have to depend on the debatable benefits (i.e. publicity and review) stemming from journal publications; rather they can be free to explore novel communication opportunities and, subsequently, to tackle the emerging intellectual property issues. This approach should take into account the tight bond between applied research and the world economy, the need for teamwork instead of individual effort for effective scientific research, and the added value of journal publications. Based on such an analysis, it would appear that the inherent characteristics of the Internet promote a re-assessment of the intellectual property theory on three levels: the cognitive (the way in which knowledge is made up from its building blocks), the morphological (the use of hypertext) and finally the sociological (the formation of virtual scientific communities). It is concluded that publishing on the Internet necessitates a different approach to the question of intellectual property based on the primal values of science. This can be achieved only if the scientific community embraces and nourishes the academic nature of the Internet as well as laying down the rules to control the dissemination of ideas without the intervention of non-scientific third parties.

  3. From Different to Differentiated: Using "Ecological Framework" to Support Personally Relevant Access to General Curriculum for Students with Significant Intellectual Disabilities

    Science.gov (United States)

    Trela, Katherine; Jimenez, Bree A.

    2013-01-01

    Language used in the field of special education is important; it can serve to influence both curriculum and placement decisions for students with intellectual disability. Historically, "Functional Curriculum" was used to describe curriculum adaptations necessary for students to access their environment (school and community). However,…

  4. Review department programs related to intellectual property and technology transfer to ensure department resources are leveraged to the economic benefit of the US

    Energy Technology Data Exchange (ETDEWEB)

    Martin, S.W.

    1995-02-01

    Review domestic and international policy, US Intellectual Property (IP) and Technology Transfer (TT) legislation, and related Department of Energy (DOE) programs to ensure Department resources are leveraged to the benefit of the US economy. Mapping such processes should determine if/how foreign governments and/or foreign owned or controlled enterprises, specifically Japanese and to a lessor extent other Pacific Rim nations, are able to access and at times leverage US technology to their benefit. This process will also generate lessons learned that should be useful to government and industry alike in the area of TT. The review will concentrate on technology innovations developed or funded by the Department.

  5. When Two Worlds Collide: Ownership of Genetic Resources unde rthe Convention on Biological Diversity and the Agreement on Trade-Related Aspects of Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Greg K. Venbrux

    2006-04-01

    Full Text Available The rapid growth of the biotechnology industry over the past two decades led many countries to recognize the vast economic potential of their genetic resources and indigenous knowledge. 1  Pharmaceutical companies and plant breeders increasingly rely upon these resources to engineer plantderived drugs, disease-resistant crops, and biotechnical production processes.2 With increasing demand for new biotechnological products, the global community is struggling to strike a balance between the interests of host countries, who seek remuneration for supplying genetic resources and traditional knowledge, and biotechnological inventors, who are pressing for free access, open markets, and stronger intellectual property rights protection.

  6. Researches on the Intellectual Property Right of Electronic Commerce%电子商务的知识产权研究

    Institute of Scientific and Technical Information of China (English)

    巢乃鹏

    2000-01-01

    As a revolutionary new situation of international trade,the rise of global Electronic Commerce makes a strong impact on the current intellectual property right system,and also poses some new problems.Whether we can successfully solve these problems shall directly influence the development of Electronic Commerce.This paper,from the angle of intellectual property right,inquires into some hot topics about intellectual property right involved with Electronic Commerce.

  7. The global intellectual property ecosystem for insulin and its public health implications: an observational study.

    Science.gov (United States)

    Kaplan, Warren A; Beall, Reed F

    2017-01-01

    Lack of access to insulin and poor health outcomes are issues for both low and high income countries. This has been accompanied by a shift from relatively inexpensive human insulin to its more expensive analogs, marketed by three to four main global players. Nonetheless, patent-based market exclusivities are beginning to expire there for the first generation insulin analogs. This paper adds a global dimension to information on the U.S. patent landscape for insulin by reviewing the patent status of insulins with emphasis on the situation outside the US and Europe. Using the term "insulin", we searched for patents listed on the United States Food and Drug Administration's (USFDA) Orange Book and the Canadian Online Drug Product Database Online Query and its Patent Register. With this information, we expanded the search globally using the World Intellectual Property Organization (WIPO) PatentScope database, the European Patent Office's INPADOC database and various country-specific Patent Offices. Patent protected insulins marketed in the U.S. and other countries are facing an imminent patent-expiration "cliff' yet the three companies that dominate the global insulin market are continuing to file for patents in and outside the U.S, but very rarely in Africa. Only a few local producers in the so-called "pharmerging" markets (e.g., Brazil, India, China) are filing for global patent protection on their own insulins. There is moderate, but statistically significant association between patent filings and diabetes disease burden. The global market dominance by a few companies of analog over human insulin will likely continue even though patents on the current portfolio of insulin analogs will expire very soon. Multinationals are continuing to file for more insulin patents in the bigger markets with large disease burdens and a rapidly emerging middle class. Off-patent human insulins can effectively manage diabetes. A practical way forward would be find (potential) generic

  8. Evaluating Intellectual Property and Data Rights in Competition Source Selections - Leveraging the Assertions Process to a New Level to Foster Open Systems Architecture

    Science.gov (United States)

    2015-04-30

    ååì~ä=^Åèìáëáíáçå= oÉëÉ~êÅÜ=póãéçëáìã= qÜìêëÇ~ó=pÉëëáçåë= sçäìãÉ=ff= = Evaluating Intellectual Property and Data Rights in Competition Source...SUBTITLE Evaluating Intellectual Property and Data Rights in Competition Source Selections - Leveraging the ’Assertions Process’ to a New Level to...effectively evaluate intellectual property in source selections to ensure the Government gets the intellectual property rights it needs to procure

  9. Canada’s Patented Medicines (Notice of Compliance) Proceedings and Intellectual Property

    Science.gov (United States)

    Bian, Henry; McCourt, Conor

    2015-01-01

    Canada’s Patent Register is a tool created by the Patented Medicines (Notice of Compliance) Regulations to help innovators protect their inventions relating to pharmaceuticals. This tool exists at the intersection between the intellectual property and drug approval regimes. By listing a patent on the Patent Register, an innovator can prevent a generic manufacturer from entering the marketplace rather than having to wait for his or her patent to be infringed. This article provides information on the requirements for listing a patent on the Patent Register and an overview of how the Patent Medicines (Notice of Compliance) Regulations affect the drug approval process. PMID:25573772

  10. Intellectual property, commercial needs and humanitarian benefits: must there be a conflict?

    Science.gov (United States)

    Krattiger, Anatole

    2010-11-30

    'By far the best proof is experience,' wrote Francis Bacon. Given the experience of countries - both developing and developed - that have used intellectual property (IP), IP protection and IP management to stimulate innovation, there is ample proof that good IP management has benefited multitudes of people around the world with new technologies, products and services. Innovations in health and agriculture have greatly enriched lives. But does this experience apply to all countries? If the best proof is experience, then what can be said authoritatively about the effects of using IP systems wisely in developing countries?

  11. Common Aims, Values And Principles Of Intellectual Property, Right To Competence And Others Rights

    Directory of Open Access Journals (Sweden)

    Juan Carlos Riofrío Martínez-Villalba

    2013-01-01

    Full Text Available This paper aims the definition of which are the pourposes, values and common principles of intellectual property, competence law of advertising, consumer and information. It shows how the principles are anchored in values, and these in turn into rights purposes, making palpable the hierarchy such purposes, values ​​and principles have in the legal system. Thus, the outcome of the research is threefold: (i definition of the purposes, values ​​and principles common to these areas of law, (ii its interface, and (iii their ranking.

  12. A Fingerprinting Method Based on Module Extraction Used to Protect Intellectual Property

    Institute of Scientific and Technical Information of China (English)

    MIAO Sheng; DAI Guanzhong; LIU Hang; LI Meifeng

    2006-01-01

    Intellectual Property (IP) reuse methodology has been widely used in Integrate Circuit (IC) design. Meanwhile, the corresponding security problems caused by illegal IP distribution have aroused lots of attentions. Unlike using IP watermark to identify IP's ownership, IP fingerprinting can be used to trace illegal distributor. In this paper, IP buyer's fingerprint is mapped into different derived instances of extracted modules, and then is embedded into IP to identify distributor in case of illegal distribution. Comparing with other fingerprinting method, the proposed method has some good characteristics such as low design effort, small storage demand, high security and few physical overheads.

  13. Transfer of intellectual property rights stemming from research of Spanish public universities

    OpenAIRE

    Estupiñán Cáceres, Rosalía

    2014-01-01

    This article discusses the light and shadows of the procedures laid down by the Spanish legal system for transfer to third parties of intellectual property arising from the research, stemming from within the Spanish public universities.   Este artículo analiza las luces y sombras de los procedimientos que prevé el ordenamiento jurídico español para la transmisión a terceros de los derechos de propiedad intelectual derivados de la actividad investigadora generada en el seno de las universid...

  14. Analysis on the Intellectual Property Rights Capability of IT Enterprises in Shenzhen

    Institute of Scientific and Technical Information of China (English)

    XIAO Yan-gao; LIU Ju; LI Rong; XIANG Zi-meng

    2006-01-01

    The situation of intellectual property rights (IPR) capability of IT firms in Shenzhen is investigated and analyzed. They are IPR creation, application, protection, and IPR organizational situation, and the external environment of IPR management. Considering the problems that IT firms are faced with in IPR development, enterprises need to 1) Strengthen the capability building of endogenous IPR;2) Establish alarming mechanism of IPR;3) Be good at assembling different IPR tools;4) Integrate the resources of public service in the government,enhance the level of agency service. A questionnaire method was adopted in this paper.

  15. Intellectual Property Rights and Entry into a Foreign Market: FDI versus Joint Ventures

    OpenAIRE

    Leahy, Dermot

    2010-01-01

    We study the effect of the intellectual property rights (IPR) regime of a host country (South) on a multinational’s decision between serving a market via greenfield foreign direct investment to avoid the exposure of its technology or a North–South joint venture (JV) with a local firm, which allows R&D spillovers under imperfect IPRs. JV is the equilibrium market structure when R&D intensity is moderate and IPRs strong. The South can gain from increased IPR protection because it en...

  16. An Overview Study of Performance Evaluation of Intellectual Property Administrative and Judicial Protection in China

    Institute of Scientific and Technical Information of China (English)

    Xu Xingxiang; Luo Juan

    2015-01-01

    Whether IP Administrative and judicial Protection in China is good or bad depends on the evaluation of protection effects of administrative and judicial organs. In China the evaluation system of IP protection performance consists of evaluation principles, evaluation elements and evaluation methods, evaluation principles includes the principle of designing two sets of indicators, the principle of closely linking with China' s national intellectual property strategy, the principle of openness and flexibility of performance evaluation indicators,the principle of standardability of the determination of performance evaluation indicators; evaluation elements consist of evaluator, evaluation tools and objects evaluated; evaluation methods here refers to the Delphi method and the method of network questionary survey.

  17. Intellectual Property

    OpenAIRE

    Кметик, Христина Володимирівна

    2011-01-01

    The method guide contains general recommendations for preparation to practical classes, questions for self-check, problems, abstract themes, list of recommended literature. It is intended for full-time students of specialties: 7/8.070801 “Ecology and environment protection”, 8.092101 “Industrial and civil construction”.

  18. 今年中国加大保护知识产权%Protection of intellectual property right to be accelerated this year

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    @@ China is making all-round effort to strengthen protection of intellectual property right in the fields of legislation, law enforcement, legal procedures and mechanism in accordance with the 2007 Action Plan on Protection of Intellectuall Property Right of China,Jiang Zengwei, director of the State Office of Intellectual Property Protection, and vice-minister of commerce explained recently.

  19. Whose body is it anyway? Human cells and the strange effects of property and intellectual property law.

    Science.gov (United States)

    Feldman, Robin

    2011-06-01

    Whatever else I might own in this world, it would seem intuitively obvious that I own the cells of my body. Where else could the notion of ownership begin, other than with the components of the tangible corpus that all would recognize as "me"? The law, however, does not view the issue so neatly and clearly, particularly when cells are no longer in my body. As so often happens in law, we have reached this point, not by design, but by the piecemeal development of disparate notions that, when gathered together, form a strange and disconcerting picture. This Article examines both property and intellectual property doctrines in relation to human cells that are no longer within the body. In particular, the Article discusses the Bilski decision, in the context of life science process patents, and the Molecular Pathology case, in the context of gene patents. For patent law, the Article concludes that the problem lies not with the fact that genes constitute patentable subject matter, but rather with the extent of the rights that are granted. For both property and intellectual property law, the Article concludes that a more careful application of basic legal principles would better reflect the interests of society as a whole and the interests of individual human subjects, as well as the interests of those who innovate.

  20. Has the implementation of the TRIPS Agreement in Latin America and the Caribbean produced intellectual property legislation that favours public health?

    Science.gov (United States)

    Oliveira, Maria Auxiliadora; Bermudez, Jorge Antonio Zepeda; Chaves, Gabriela Costa; Velásquez, Germán

    2004-01-01

    OBJECTIVE: The World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement establishes minimum standards for intellectual property rights, including patent protection for pharmaceuticals; therefore, it may make it difficult for developing countries to gain access to medicines, especially those countries that are the least developed. This study aims to determine whether implementation of the TRIPS Agreement in Latin American and Caribbean countries has generated patent legislation that is sensitive to public health needs. METHODS: Legislation in 11 Latin American and Caribbean countries was analysed. The variables considered in the analysis were: the term of patents issued, patentable subject matter, transition periods (that is, time until legislation was enacted), reversal of the burden of proof of patent infringement, exhaustion of rights, compulsory licensing and the early working exception (which allows a country to complete all procedures necessary to register a generic product before the original patent expires). FINDINGS: By 2000, all of the countries studied had reformed their legislation to conform to the agreement. Brazil and Argentina used the transition period until 2005 to grant patents in the pharmaceutical industry. All countries, except Panama, made use of the safeguards and flexibilities available through the agreement by including mechanisms for compulsory licensing in their legislation. Argentina; Bolivia, Colombia, Ecuador, Peru and Venezuela (countries that represented the Andean community); the Dominican Republic; and Panama included mechanisms to allow parallel importation. Mexico did not. Brazil only permits parallel importation after a compulsory licence has been issued. The early working exception is included in legislation in Brazil and the Dominican Republic. CONCLUSION: The countries in this study did not incorporate all of the mechanisms allowed for by the Agreement and are not adequately using the

  1. Affective Support for Intellectual Access: Preventing Accidents on the On-Ramp.

    Science.gov (United States)

    Havener, W. Michael; Latrobe, Kathy

    1995-01-01

    Discussion of how students can successfully enter the information highway focuses on the role of the school media specialist. Topics include information-seeking behavior; missions and goals of library media programs; affective access, including interpersonal communication, physical and affective ergonomics, and social interaction; and global…

  2. World Trade Organization Regulation on Intellectual Property Rights of the “Bio-Technology”

    Directory of Open Access Journals (Sweden)

    José Ramón García MENÉNDEZ

    2011-12-01

    Full Text Available After establishing a series of agreements regarding Uruguay Round in 1995 and with the starting of activities of the World Trade Organization (WTO the agreement on the intellectual property rights (TRIPS comes into force modifying most of the current regulation on the protection of innovations, particularly of medicines and biotechnologies. The promoters of these modifications were confident that, in this way, it would be possible to hasten the innovative process, guaranteeing a fair compensation for the new products. These changes can have important consequences in the future of the agricultural sector since probably a reduced number of companies will totally control the seeds of different sectors. Also, the appearance of new entities in certain areas can have negative effects on their biodiversity and on the endemic species. Basically, this paper consists of two parts: first, a historical and judicial revision of the protection of intellectual property rights and second, a special technical and political-economic emphasis on the protection of this type of rights in relation to the World Trade Organization (WTO.

  3. THE IMPORTANCE OF INTERNAL DIRECTIVES OF THE UNIVERSITY FOR THE INTELLECTUAL PROPERTY PROTECTION

    Directory of Open Access Journals (Sweden)

    Andrea Čorejová

    2014-07-01

    Full Text Available In this paper, we investigate the management system for intellectual property (IP within the Center for Technology Transfer (CTT currently operating in the University Science Park–organizational unit of the University of Žilina. The CTT deals with procedural issues: acquisition of intellectual property rights, IP protection, and IP commercialization. In solving selected issues involving the Internal Directive´s content regulating the IP protection and commercialization in CTT of the University of Žilina, we are using available information and knowledge of the directives from both domestic and international universities.This investigation helps the CTT in formulating more effective directive contents for University Science Park in Žilina. The entire system of research and development funding through projects requires accurate and complex monitoring of the use of allocated funds for various activities and persons.  For internal usage, it is necessary to obtain discreet evidence that would allow accurate identification of funding received directly from IP creation-related projects.

  4. Innovation of the Teaching of Intellectual Property Law%知识产权法教学创新探析

    Institute of Scientific and Technical Information of China (English)

    韩俊英

    2011-01-01

    Intellectual property education of China is still in its infancy. This paper makes some innovative exploration on the teaching of intellectual property law in terms of teaching practice of teaching philosophy, teaching methods ,teaching methods etc.%我国的知识产权教育仍然处于初级阶段,文章结合作者的教学实践对知识产权法教学理念、教学方法、教学手段等进行了一些创新和探索。

  5. The Analysis of the Relationship between Clean Technology Transfer and Chinese Intellectual Property Countering the Climate Changes

    DEFF Research Database (Denmark)

    Min, Hao

    This report discusses the relationship between the Chinese intellectual property systems which counter with the climate change and the transfer of clean technology, and states how to encourage the developed countries transfer the clean technology to the developing countries according...... to the relative international climate convention program. The report also proposes the current hindrances and developing strategies according to Chinese current situation at this field. The report is mainly divided into three subjects: the relationship between clean technology transfer and the intellectual...... property countering the climate changes; the analysis of current technology transfer modes relating to the climate; the difficulties of Chinese countering climate changes technology transfer and strategic thinking....

  6. Patenting nature or protecting culture? Ethnopharmacology and indigenous intellectual property rights.

    Science.gov (United States)

    McGonigle, Ian Vincent

    2016-04-01

    Ethnopharmacologists are scientists and anthropologists that study indigenous medicines and healing practices, and who often develop new therapies and medicines for wider use. Ethnopharmacologists do fieldwork with indigenous peoples in traditional societies, where they encounter a wide range of cultural values and varying ideas about the nature of property relations. This poses difficulties for protecting indigenous intellectual property and for making just trade agreements. This Note reviews the legal issues relevant to the protection of indigenous resources in ethnopharmacology trade agreements, and suggests that recent developments in anthropology and the social study of science could be instructive in furthering the legal discourse and in providing policy directions. Specifically, the Note introduces the concepts of 'ontological pluralism' and 'epistemic subsidiarity', which could help lawmakers write sui generis trade agreements to better protect indigenous knowledge and resources.

  7. Patenting nature or protecting culture? Ethnopharmacology and indigenous intellectual property rights

    Science.gov (United States)

    McGonigle, Ian Vincent

    2016-01-01

    Ethnopharmacologists are scientists and anthropologists that study indigenous medicines and healing practices, and who often develop new therapies and medicines for wider use. Ethnopharmacologists do fieldwork with indigenous peoples in traditional societies, where they encounter a wide range of cultural values and varying ideas about the nature of property relations. This poses difficulties for protecting indigenous intellectual property and for making just trade agreements. This Note reviews the legal issues relevant to the protection of indigenous resources in ethnopharmacology trade agreements, and suggests that recent developments in anthropology and the social study of science could be instructive in furthering the legal discourse and in providing policy directions. Specifically, the Note introduces the concepts of ‘ontological pluralism’ and ‘epistemic subsidiarity’, which could help lawmakers write sui generis trade agreements to better protect indigenous knowledge and resources. PMID:27774245

  8. Intellectual property rights related to the genetically modified glyphosate tolerant soybeans in Brazil

    Directory of Open Access Journals (Sweden)

    Roberta L Rodrigues

    2011-06-01

    Full Text Available The present work analyzes the different modalities of protection of the intellectual creations in the biotechnology agricultural field. Regarding the Brazilian legislations related to the theme (the Industrial Property Law - no. 9. 279/96 and the Plant Variety Protection Law - no. 9. 456/97, and based in the international treaties signed by Brazil, the present work points to the inclusions of each of them, as well as to their interfaces using as reference the case study of glyphosate tolerant genetically modified soybean. For this case study, Monsanto's pipelines patents were searched and used to analyze the limits of patent protection in respect to others related to the Intellectual Property (IP laws. Thus, it was possible to elucidate the complex scenario of the Intellectual Property of the glyphosate tolerant soybeans, since for the farmer it is hard to correlate the royalties payment with the IP enterprise's rightsO presente trabalho analisa as diferentes modalidades de proteção das criações intelectuais no campo da biotecnologia agrícola. A partir das leis Brasileiras relacionadas ao tema (Lei da Propriedade Industrial - nº 9.279/96 e Lei da Proteção de Cultivares - nº 9.456/97, e com base nos tratados internacionais assinados pelo Brasil, o presente trabalho aponta as inclusões de cada uma, assim como, suas interfaces usando como referência o estudo de caso da soja geneticamente modificada para tolerância ao glifosato. Para este caso, patentes pipelines da Monsanto foram buscadas e usadas para analisar os limites de proteção das patentes frente às outras leis de Propriedade Intelectual (PI relacionadas. Assim, foi possível elucidar o cenário complexo da Propriedade Intelectual das sojas tolerantes ao glifosato, já que para o agricultor não é fácil correlacionar o pagamento dos royalties com os direitos de PI da empresa

  9. Physical and chemical properties of pomegranate fruit accessions from Croatia.

    Science.gov (United States)

    Radunić, Mira; Jukić Špika, Maja; Goreta Ban, Smiljana; Gadže, Jelena; Díaz-Pérez, Juan Carlos; MacLean, Dan

    2015-06-15

    The objective was to evaluate physical and chemical properties of eight pomegranate accessions (seven cultivars and one wild genotype) collected from the Mediterranean region of Croatia. Accessions showed high variability in fruit weight and size, calyx and peel properties, number of arils per fruit, total aril weight, and aril and juice yield. Variables that define sweet taste, such as low total acidity (TA; 0.37-0.59%), high total soluble solids content (TSS; 12.5-15.0%) and their ratio (TSS/TA) were evaluated, and results generally aligned with sweetness classifications of the fruit. Pomegranate fruit had a high variability in total phenolic content (1985.6-2948.7 mg/L). HPLC-MALDI-TOF/MS analysis showed that accessions with dark red arils had the highest total anthocyanin content, with cyanidin 3-glucoside as the most abundant compound. Principal component analysis revealed great differences in fruit physical characteristics and chemical composition among pomegranate accessions.

  10. The Rise of Open Access in the Creative, Educational and Science Commons

    Science.gov (United States)

    Kiel-Chisholm, Scott; Fitzgerald, Brian

    2006-01-01

    Management of intellectual property and, in particular, copyright is one of the most challenging issues in an increasingly digital world. The rise of the open access (OA) movement provides a new model for managing intellectual property in educational and research environments. OA aims to promote greater and more efficient access to educational and…

  11. El derecho, la propiedad intelectual y el entorno digital The copyright, the intellectual property and the digital environment

    Directory of Open Access Journals (Sweden)

    Laura Silberleib

    2001-12-01

    Full Text Available Ante el crecimiento acelerado y la expansión que se han manifestado en el campo de las tecnologías de la información y la comunicación, no se puede dejar de considerar que la problemática de la propiedad intelectual y la seguridad de las transmisiones representan una porción sustancial a analizar dentro de dicha temática. En el marco de los actuales roles que le toca desempeñar al bibliotecario como intermediario entre los autores o creadores, los editores y los usuarios finales de la información, este profesional deberá cumplir funciones semejantes a las de antes, pero afrontando el cambio de los medios con los que va a realizarlas. Si el bibliotecario acepta esta nueva obligación de facilitar el acceso a la información a través de soportes digitales, y en particular, de Internet, deberá conocer y respetar profundamente los principios jurídicos para establecer contratos de transferencia de la información. Este trabajo pretende realizar un esbozo de la amplia temática de la propiedad intelectual en el mundo digital para que el bibliotecario pueda, a través de él, incursionar en esta área del derecho y avanzar en su profundización.In light of the accelerated growth and expansion of the field of information technology and communication, it is impossible to ignore that the problematic notions of intellectual property and transmission safety are a substantial part of what has to be analyzed in this field. In the framework of the roles that librarians presently play as mediators between authors or creators, editors, and consumers of information, this professional will fulfill similar functions as before, having to confront, however, the change in the media with which s/he carries them out. If the librarian takes on this new task of facilitating access to information through digital media, especially the Internet, s/he will have to really know and deeply respect the juridical principles behind the establishing of contracts on

  12. A Primer on Employment and Intellectual Property Law: Legal Guidance for Supervisors of Assessment and Institutional Research Staff

    Science.gov (United States)

    Knight, William; Lugg, Elizabeth Timmerman

    2017-01-01

    Institutional research (IR) leaders rely on staff members to accomplish office missions and support institutional decisions. Like any supervisors in higher education, IR leaders must be familiar with a host of employment and intellectual property laws that guide the institution/employee relationship. This chapter offers insights into specific…

  13. Intellectual Property Rights of Faculty in the Digital Age--Evolution or Dissolution in 21st Century Academia?

    Science.gov (United States)

    Aaron, Lynn S.; Roche, Catherine M.

    2015-01-01

    Unforeseen forces are at work in higher education today. The purpose of this article is to explore the issues involved in the changing landscape. Decisions are and will be made that impact the intellectual property rights of faculty. It is important to be cognizant of the factors involved and alert to possible ramifications. The basics of the…

  14. Special Issue: Intellectual Property in the Information Age: Knowledge as Commodity and its Legal Implications for Higher Education

    Science.gov (United States)

    Sun, Jeffrey C., Ed.; Baez, Benjamin, Ed.

    2009-01-01

    This monograph examines in great detail two kinds of intellectual property: copyrights and patents. Though the authors recognize the significance of trademarks and trade secrets, they focus primarily on copyrights and patents in this monograph because they represent the most significant issues in higher education in the information age.…

  15. Legal Issues of Intellectual Property Rights and Licensing for E-Learning Content in the United Kingdom

    Science.gov (United States)

    Mehrpouyan, Azadeh; Razavi, Ghassem Khadem

    2014-01-01

    This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

  16. IPR Strategy, from Contest to Chess Game Interview with Ma Xiushan, Deputy Secretary General, China Intellectual Property Society

    Institute of Scientific and Technical Information of China (English)

    Sun Yongjian

    2007-01-01

    @@ China's Intellectual Property Rights(IPR) system was established in 1985. In its 21 years of existence, it has undergone unusual changes.IPR, as a new idea to be considered in constructing socialist market economy, helps promote internationalization and implement the strategy of "walking out", is so important that the Central Government has paid special attention to it.

  17. Big Data and Intellectual Property Rights in the Health and Life Sciences

    DEFF Research Database (Denmark)

    Minssen, Timo

    The vast prospects of Big Data and the shift to more “personalized”, “open” and “transparent” innovation models highlight the importance of an effective governance, regulation and stimulation of high-quality data-uses in the health and life sciences. Intellectual Property Rights (IPRs) and related...... rights come into play when research is translated into safe and efficient “real world” uses. While the need of recalibrating IPRs to fully support Big Data advances is being intensely debated among multiple stakeholders, there seems to be much confusion about the availability of IPRs and their legal...... effects. In this very brief presentation I intend to provide a very brief overview on the most relevant IPRs for data-based life science research. Realizing that the choice of how to address, use and interact with IPRs differs among various areas of applications, I also intend to sketch out and discuss...

  18. Intellectual property laws integrated with the national development policies in China

    Institute of Scientific and Technical Information of China (English)

    WANG Guanxi; LI Xiaoping

    2007-01-01

    As a developing country, China has been pressured by the developed countries to increase the levels of intellectual property (IP) protection and to adopt IP rules that even go beyond the minimum international standards. IP regimes are established to promote advances in science and culture by rewarding creation and invention. However, developing countries do not necessarily appropriately share the benefits from the harmonization of IP protection standards over the world.Fortunately, not every developed country or international organization is concerned only with its own interest when evaluating the tendency of international IP protection policies. In fact, they have made many studies or findings in favor of the concerns and interests of developing countries. This paper investigates the conflicts between IP rights and human rights, as well as the validity of IP laws under constitutional arguments, with the purpose of providing new strategic policy arguments in China's future amendments to IP laws, and related negotiations with developed countries.

  19. Protection of Geographical Indication Intellectual Property of Tea in Guangdong Province

    Institute of Scientific and Technical Information of China (English)

    SUN Zhi-guo; WANG Shu-ting; ZHANG Min; XIONG Wan-zhen

    2012-01-01

    As to tea resources in Guangdong Province at present,there are 4 kinds of national geographical indication products,2 national geographical indication trademarks,and 1 kind of national geographical indication of agricultural products.We conduct a analysis on the current protection of geographical indication intellectual property of tea in Guangdong Province,and put forth the following countermeasures:(i) Conducting indepth study of geographical indication characteristics of famous tea;(ii) Exploiting and arranging the intangible cultural heritage of tea;(iii) Focusing on the protection pattern of geographical indication products established by the General Administration of Quality Supervision,Inspection and Quarantine;(iv) Taking full advantage of special mark of geographical indication.

  20. Harmonisation of ASEAN’s Intellectual Property Rights Law; Is it Possible?

    Directory of Open Access Journals (Sweden)

    Nurul Barizah

    2017-04-01

    Full Text Available Intellectual Property Rights (IPR is one of the most important subjects of trading, not only in the era of globalism, but also in this era of regionalism.  In the regional ASEAN, its significant of IPR protection has made Member Nations introduced ASEAN Framework Agreement on Intellectual Property (IP Cooperation in 1995, a year after the conclusion of the Trade-related Aspects of Intellectual Property Rights (TRIPs Agreement of the World Trade Organization (WTO. This paper discusses  the current development of this Framework in the light to harmonise Intellectual Property (IP laws in the region, covering  the objectives, the basic principles, and some substantial provisions. Then, it examines whether fast pace of IP laws development in ASEAN have been mainly driven by this Framework Agreement or the countries’s deadline to comply with the TRIPs obligations. This paper also examines whether the regional economic cooperation of ASEAN Free Trade Agreement (FTA with their trading partners pay a specific attention to the issue of IPR. By taking into account the different level of national IPRs laws, and its current development, it can be concluded that the ASEAN framework on IP Cooperation is rather ambitious. The Working Groups succeeded in developing draft on regional filing forms for IP registration, but the progress in the introduction of the system has been very slow.                                                                        AbstrakHak Kekayaan Intelektual (HKI merupakan salah satu subyek perdagangan yang sangat penting, tidak hanya di era globalisasi, tetapi juga di era regionalisasi. Dalam regional ASEAN,  pentingnya perlindungan HKI telah membuat negara-negara anggota menyepakati Kerangka Perjanjian Kerjasama Kekayaan Intelektual tahun 1995, setahun setelah disepakatinya Perjanjian yang terkait dengan Hak Kekayaan Intelektual (TRIPs yang diprakasai

  1. Social leverage of intellectual property: road to the development of better therapy for tuberculosis.

    Science.gov (United States)

    Thangaraj, Harry; Reljic, Rajko

    2009-06-01

    Current TB drug development is beset with many problems. There is a perceived lack of commercial return on investment, as the vast majority of TB patients come from impoverished areas of the world. Clinical trials for new TB drugs are complex, protracted and very expensive. Therefore, the development of new anti-tuberculosis drugs requires simultaneous forward planning of the design of the trials that will be required for licensing purposes. In this article we briefly review the current state of new TB drug development and discuss issues related to intellectual property (IP), with a special emphasis on how IP can facilitate rather than hinder the development of better TB drugs. We also list and discuss the major patent applications that underpin TB drugs that have entered prominent clinical trials and additional applications that were filed over the last five years for drugs resulting from basic upstream research.

  2. Let's Get Small: An Introduction to Transitional Issues in Nanotech and Intellectual Property.

    Science.gov (United States)

    Koepsell, David

    2009-08-01

    Much of the discussion regarding nanotechnology centers around perceived and prosphesied harms and risks. While there are real risks that could emerge from futuristic nanotechnology, there are other current risks involved with its development, not involving physical harms, that could prevent its full promise from being realized. Transitional forms of the technology, involving "microfab," or localized, sometimes desk-top, manufacture, pose a good opportunity for case study. How can we develop legal and regulatory institutions, specifically centered around the problems of intellectual property, that both stimulate innovation, and make the best possible use of what will eventually be a market in "types" rather than "tokens"? This paper argues that this is the most critical, current issues facing nanotechnology, and suggests a manner to approach it.

  3. An Analysis and Comments on the First IT Intellectual Property Right Case in China

    Institute of Scientific and Technical Information of China (English)

    FENG Wei; YIN Lu

    2006-01-01

    The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac's patent. This case was the preclude to the intellectual property rights (IPR) war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.

  4. Wealth and Secular Stagnation: The Role of Industrial Organization and Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Herman Mark Schwartz

    2016-10-01

    Full Text Available Changes in firm strategy and structure partially explain the sources and consequences of rising wealth inequality in America. Combining use of state-created monopolies around intellectual property rights (IPRs for profitability and firm-level strategies to transform their industrial organization by pushing physical capital and noncore labor outside the boundaries of the firm leads to rising levels of wealth and income inequality among firms as well as individuals. Income inequality among firms in turn reduces growth in productive investment and thus in aggregate demand. Slower growth reflexively deters firms from new investment, aggravating the shortfall in aggregate demand. Decreased protection for IPRs and increased protection for subcontracted workers would help increase aggregate demand and thus push growth back to its prior level, as well as reducing wealth and income inequality among individuals.

  5. Drafting Intellectual Property Joint Venture Agreements with an Eye Toward Termination

    Directory of Open Access Journals (Sweden)

    Jackie Taylor

    2004-04-01

    Full Text Available When joint venture ("JV" parents come together with a business idea, they expect to develop the resulting intellectual property ("IP" to the benefit of all parents. The joint venture agreement ("JVA" is crucial to the formation and operation of the IP JV. Careful drafting will account for the parties’ expectations regarding the parents’ and the JV’s IP. However, the parties should realize that the JVA is also crucial to the termination of the JV. The JV parents must accept the reality that all JVs must come to an end, and some JVs will come to an end sooner than one of the parties might have wished. Therefore, parties to the JVA should devise a plan for termination in advance.

  6. Patenting productivity and intellectual property policies at Research I universities: An exploratory comparative study.

    Directory of Open Access Journals (Sweden)

    Pilar Mendoza

    2005-01-01

    Full Text Available In the 1980s, the US government encouraged the cooperation of industries with universities in order to bridge funding gaps and cope with global competitive markets through legislations that allow universities to start spin-off businesses and to generate profits from patents. At the turn of the century, university partnerships with the private sector have greatly increased through research grants, licensing patents, and in some cases, the formation of new firms'mainly at research universities and in the hard sciences. In response to these entrepreneurial opportunities, university administrators developed intellectual property policies to facilitate the commercialization of research. The purpose of this study is to explore the differences across IP policies among nine research universities as potential sources of influence on faculty engagement in for-profit research ventures according to existing models of faculty role performance and achievement.

  7. The Patent and the Paper: a Few Thoughts on Late Modern Science and Intellectual Property

    Directory of Open Access Journals (Sweden)

    Eva Hemmungs Wirtén

    2015-01-01

    Full Text Available Marie and Pierre Curie's decision not to patent the discovery (1898 and later isolation (1902 of radium is perhaps the most famous of all disinterested decisions in the history of science. To choose publishing instead of patenting and openness instead of enclosure was hardly a radical choice at the time. Traditionally, we associate academic publishing with 'pure science' and Mertonian ideals of openness, sharing and transparency. Patenting on the other hand, as a byproduct of 'applied science' is intimately linked to an increased emphasis and dependency on commercialization and technology transfer within academia. Starting from the Curies' mythological decision I delineate the contours of an increasing convergence of the patent and the paper (article from the end of the nineteenth-century until today. Ultimately, my goal is to suggest a few possible ways of addressing the hybrid space that today constitute the terrain of late modern science and intellectual property.

  8. Time for a Paradigm Shift? Exploring Maximum Standards in International Intellectual Property Protection

    Directory of Open Access Journals (Sweden)

    Henning Grosse Ruse-Khan

    2009-07-01

    Full Text Available International intellectual property (IP protection is at the heart of controversies over the impact of economic interests on social or environmental concerns. Some see IP rights as unduly encroaching upon human rights and societal interests, others argue for stronger enforcement and additional exclusivity to incentivize new innovations and creations. Underlying these debates is the perception that international IP treaties set out minimum standards of protection - which presumably allow for additional protection with only the sky being the limit. This article challenges this view and explores the idea of maximum standards or ceilings within the existing body of international IP law. It looks at the relation between IP treaties and subsequent agreements or national laws which offer stronger protection. In particular, within the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS, an important qualification may serve as a door opener for ceilings: While additional IP protection may not go beyond mandatory limits within TRIPS, the qualification not to “contravene” TRIPS is unlikely to safeguard TRIPS flexibilities against TRIPS-plus norms. The article further identifies and examines the rationales for maximum standards in international IP protection as: (1 Legal security and predictability about the boundaries of protection; (2 the global protection of users’ rights; and (3 the free movement of goods, services and information. Examples of mandatory limits in the existing IP treaties and in ongoing initiatives can implement these. However, most of the relevant treaty norms are optional. The article concludes with some observations on the need for more comprehensive and precise maximum standards.

  9. Access, ethics and piracy

    Directory of Open Access Journals (Sweden)

    Stuart Lawson

    2017-03-01

    Full Text Available Ownership of intellectual property rights for a large proportion of the scholarly record is held by publishers, so a majority of journal articles are behind paywalls and unavailable to most people. As a result some readers are encouraged to use pirate websites such as Sci-Hub to access them, a practice that is alternately regarded as criminal and unethical or as a justified act of civil disobedience. This article considers both the efficacy and ethics of piracy, placing ‘guerrilla open access’ within a longer history of piracy and access to knowledge. By doing so, it is shown that piracy is an inevitable part of the intellectual landscape that can render the current intellectual property regime irrelevant. If we wish to actively construct a true scholarly commons, open access emerges as a contender for moving beyond proprietary forms of commodifying scholarly knowledge towards the creation of an open scholarly communication system that is fit for purpose.

  10. The trends and constructive ambiguity in international agreements on intellectual property and pharmaceutical affairs: Implications for domestic legislations in low- and middle-income countries.

    Science.gov (United States)

    Son, Kyung-Bok; Lee, Tae-Jin

    2017-06-06

    The purpose of this study is to analyse the trends in international agreements including Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Korea-United States Free Trade Agreements, and Trans-Pacific Partnership Agreements on intellectual property and pharmaceutical affairs with the updated framework. The study also assesses constructive ambiguity in international agreements, which might affect the implementation process through interpretation and domestic legislations. Five flexibility clauses and three TRIPS-plus provisions were selected, and presence of constructive ambiguity in the agreements was analysed to draw actual trends in international agreements. Flexibility provisions excluding compulsory licensing were not noticeably changed, and TRIPS-plus provisions including data exclusivity and patent linkage were expanded in scope or newly appeared, respectively. The clause regarding compulsory licensing, extension of the patent term, data exclusivity, and patent linkage showed unclear definitions or the lack of adequate explanations. With constructive ambiguity in those clauses, a country who wants to join international agreements in the near future could amend domestic legislations to minimise the detrimental effect of international agreements on access to medicines.

  11. Integrating Remote Sensing Data with Socioeconomic Data: Sensitivity, Confidentiality, Privacy, and Intellectual Property Challenges

    Science.gov (United States)

    Downs, R. R.; Adamo, S. B.

    2014-12-01

    The integration of remote sensing data with socioeconomic data presents new opportunities for scientific discovery and analysis that can improve understanding of the environmental sustainability issues that society faces today. Such integrated data products and services can be used to study interdisciplinary issues by investigators representing various disciplines. In addition to the scientific benefits that can be attained by integrating remote sensing data with socioeconomic data, the integration of these data also present challenges that reflect the complex issues that arise when sharing and integrating different types of science data. When integrating one or more datasets that contain sensitive information, data producers need to be aware of the limitations that have been placed upon the data to protect private property, species or other inhabitants that reside on the property, or restricted information about a particular location. Similarly, confidentiality and privacy issues are a concern for data that have been collected about individual humans and families who have volunteered to serve as human research subjects or whose personal information may have been collected without their knowledge. In addition, intellectual property rights that are associated with a particular dataset may prevent integration with other data or pose constraints on the use of the resulting data products or services. These challenges will be described along with approaches that can be applied to address them when planning projects that involve the integration of remote sensing data with socioeconomic data.

  12. Intellectual Property Rights and Patenting in China's High-technology Industries: Does Ownership Matter?.%Intellectual Property Rights and Patenting in China's High-technology Industries: Does Ownership Matter?.

    Institute of Scientific and Technical Information of China (English)

    Chih-Hai Yang; Chun-Chien Kuo; Eric D. Ramstetter

    2011-01-01

    This paper aims to systematically investigate the impacts of strengthening intellectual property rights on patenting in China's high-technology industries and to explore the potential differences in response to patent reform by ownership. Empirical results show that the estimated patent elasticity of R &D is lower than that for OECD countries, indicating relatively low R&D productivity for China's high-technology industries. The direct innovation effect of technology imports is negative, while the absorptive ability embodied in R&D helps in gaining external sources of knowledge, thus contributing to innovations. Specifically, strengthening intellectual property rights can induce more innovations in terms of patents in China's high-technology industries and is particularly relevant to foreign-owned high- technology enterprises.

  13. INTELLECTUAL PROPERTY IN THE TWENTY-FIRST CENTURY: WILL THE DEVELOPING COUNTRIES LEAD OR FOLLOW?

    Science.gov (United States)

    Reichman, Jerome H.

    2010-01-01

    Developing countries, particularly the BRIC countries of Brazil, Russia, India, and China, should accommodate their national systems of innovation to the worldwide intellectual property (IP) regime emerging after the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in a way that maximizes global economic welfare in the foreseeable future. As many developed countries’ experience demonstrates, badly configured, over-protectionist IP regimes stifle innovation by making inputs to future innovation too costly and too cumbersome to sustain over time. More carefully considered IP regimes, however, are an important way to protect innovative small- and medium-sized firms from predatory, larger competitors. The challenge is for emerging economies to capture the benefits of IP without importing the serious problems that developed countries have themselves failed to solve. Emerging economies can attain this balance by pursuing a policy of counter-harmonization in which they take advantage of existing exemptions in international agreements governing IP to establish regional, local, and international practices that promote more innovative, flexible uses of IP. Such practices include a research exemption for experimental uses of IP, government imposed nonexclusive licensing, anti-blocking provisions, an essential facilities doctrine, and compulsory licenses. Additional tools include an ex ante regime of compensatory liability rules for small scale innovation and sensible exceptions, particularly for science as well as general fair use provisions, to the exclusive rights of domestic copyright laws. Emerging economies will have to overcome strong economic pressure to accept more restrictive IP regimes as part of free trade agreements as well as a lack of technical expertise and internal government coordination. However, emerging economies have already accrued enough experience to be aware of the strengths and weaknesses of various IP

  14. 我国企业知识产权保护与发展战略研究%The Intellectual Property Protection and Development Strategy of Chinese Enterprises

    Institute of Scientific and Technical Information of China (English)

    李秋萍

    2011-01-01

    企业知识产权战略是国家知识产权战略的最终体现,直接决定着一国知识产权战略的成败。近几年,我国企业的知识产权工作虽有较大进步,但“有制造无创新、有创新无产权、有产权无应用、有应用无保护”的现象仍较为普遍。应对跨国公司竞争,我国企业必须树立知识产权战略观,加强企业自主研发能力和情报研究,促进知识产权的应用及产业化。同时,设立专门机构进行知识产权管理,利用战略联盟,实现知识产权与标准相结合。%Being the ultimate expression of a national intellectual property strategy, enterprise intellectual property strategy directly determines the success or failure of a country's intellectual property strategy. In recent years, despite great progress in the intellectual property development of Chinese enterprises, the phenomenon of "manufacture without innovation, innovative manufacturing without property right, property right without industrial application, application without protection" remains common. Facing the multinational competition, Chinese companies must establish the concept of intellectual property, strengthen the R & D capabilities and intelligence research, and promote the application and industrialization of intellectual property. Meanwhile, specialized departments must also be established to manage the intellectual property so as to achieve the combination of intellectual property and standards via strategic alliances.

  15. Intellectual Freedom: 2000 and Beyond.

    Science.gov (United States)

    Holtze, Terri L.; Rader, Hannelore B.

    2000-01-01

    Focuses on intellectual freedom, discussing the role of libraries, the Berlin Wall and banned books as attempts to restrict intellectual freedom, and controversies surrounding filtering software. Contains an annotated bibliography of intellectual freedom resources, presented in five categories: general; government and legal issues; access and…

  16. Fundamental principles of the international protection system of intellectual property rights and the applications

    Institute of Scientific and Technical Information of China (English)

    WU Handong

    2006-01-01

    Legal principle,which underlies the value of the legal system,is supposed to be the origin and basis of concrete legal rules.It has also resuited from abstracting and summarizing the value and spirit of these legal rules.In light of the universality and hierarchy of legal principle,the principles of the international protection system of intellectual property rights (IPR)can be divided into the following two types:one is the fundamental principles applied to the what,why and how a legal system shall be constructed,such as principles of sovereignty,equality and mutual benefit,joint development,and international cooperation,1 which also can be expressed as the principles of sovereignty,international coordination and cooperation,fairness and justice.2 The other type includes those existing in the legal system and capable of being applied directly,such as the principle of national treatment,principle of minimum standard,principle of independence (for industrial property right),principle of independent protection (for copyright),principle of compulsory implementing patent (for patent right) and doctrine of priority (for industrial property right),etc.3In my opinion,the principles of the international protection system of IPR shall follow the latter model,indicating that they shall be provided and written in the international conventions on the grounds that they can be applied directly,and that they can be universally applied to the whole international protection system of IPR instead of exclusive application to one certain system.Hereupon,the author believes that principles concerning the international protection system of IPR should include the principles of national treatment,minimum protection standard and public interest.

  17. Guarantee of property right in opean access systems; Open access ni okeru zaisanken no hosho

    Energy Technology Data Exchange (ETDEWEB)

    Maruyama, M. [Central Research Institute of Electric Power Industry, Tokyo (Japan)

    1996-12-25

    This paper describes discussions in California of the USA and in Germany concerning the separation of transmission department and forced liberation of transmission network in private electric power companies and the guarantee of property right. In California, the state public utility committee does not have an authority to order the separation of transmission department against electric power companies. It is only the legislature that can conduct the separation of transmission department and the third party access of transmission network based on the expropriation provisions of the constitution. In Germany, the order of separation of transmission department by the readjusting authority contradicts the guarantee of property right in the constitution. The order of third party access also exceeds the range of duty accompanied with the property right, and the procedure of expropriation is necessary for its enforcement. Problems are pointed out in the case when these discussions are applied to the separation of transmission department, third party access, and distribution system in Japan. 3 refs.

  18. Eco-tourism services in light of new clusters and application of intellectual property rights

    Directory of Open Access Journals (Sweden)

    Petrović Vukašin

    2015-01-01

    Full Text Available Contemporary eco-tourism includes the basic principles of sustainable development and actively contributes to the preservation of natural and cultural heritage of a specific area by involving the residents of local communities in the planning, development and distribution of generated revenues. It is based on the abundance of biodiversity (particularly rare and endemic species, the traditional knowledge and folklore tradition of a specific area. Products and services that are specific to this form of tourism have always been on the verge of being both beneficial and harmful for the identity of a particular area. Yet, one of the current solutions for attaining good economic results of eco-tourism is grouping all available resources within a particular local community for the purpose of promoting its distinctive features and diversity. In this paper, the author discusses a significant trend of forming eco-tourism clusters and points out to the contemporary solutions aimed at protecting the genetic resources, traditional knowledge and folklore of local communities within tourism services. The development of intellectual property protection, whose goal is to preserve traditional knowledge and skills of certain local communities, has a significant impact on the development of eco-tourism as well as on the increase of its competitiveness in the global market.

  19. Moving research to patient applications through commercialization: understanding and evaluating the role of intellectual property.

    Science.gov (United States)

    Patino, Robert M

    2010-03-01

    The advancement of research from discovery to the delivery of medical care can be limited without the support of industry to sponsor its continued development. Federal government financial support is generally crucial in early-stage development through funding from the NIH, National Science Foundation, and other federal agencies; however, government support generally stops shortly after basic research discoveries have been reported. Much of the cessation of financial support derives from the government's regulatory responsibilities, as sponsoring the commercialization of a product conflicts with regulation of the approval for clinical use of a drug or device. Furthermore, differences in goals, resources, and flexibility render government, as compared with private industry, inefficient and less responsive to market demands with regard to stream-lining the development of and enhancing the quality of products and services offered. Thus, industry and private investment provide the bridge that converts new discoveries into healthcare products that are available to consumers and patients. This conversion occurs through commercialization, which involves both high risks and high rewards. Taking advantage of the commercialization option for research development requires an understanding of the technology transfer process. This article reviews 5 topics: 1) industry motivation to invest in academic research; 2) institutional considerations in partnering with industry; 3) academia's interactions with inventors in the commercialization process; 4) the research institution's route to commercialization, and 5) the role of intellectual property and commercialization in the advancement of healthcare.

  20. Protection of Geographical Indication Intellectual Property of Tea in Zhejiang Province

    Institute of Scientific and Technical Information of China (English)

    Zhiguo; SUN; Wanzhen; XIONG; Shuting; WANG; Xuebin; ZHONG

    2013-01-01

    As to tea resources in Zhejiang Province at present, there are 8 kinds of national geographical indication products, 23 national geographical indication trademarks, and 7 kinds of national geographical indication of agricultural products. From the geographical indication protection, geographical indication trademark registration, geographical indication registration of agricultural products, we conduct a analysis on the current protection of geographical indication intellectual property of tea in Zhejiang Province, and put forth the following countermeasures: (i) Based on the relevant tangible cultural heritage and natural heritage, conducting in-depth study on the characteristics of natural factors and human factors concerning geographical indication of famous tea; (ii) Based on the protection pattern of national geographical indication products, registering the national geographical indication trademarks, and registering the national agricultural product geographical indication; (iii) Taking full advantage of special mark of geographical indication products and agricultural brand heritage, and integrating the tea brands within the scope of protection of geographical indication; (iv) Exploiting and arranging the intangible cultural heritage related to tea, strengthening the intangible cultural heritage protection of tea in the province, and endeavoring to include Longjing tea in the world’s intangible cultural heritage list on traditional craftsmanship of green tea.

  1. COUNTRIES ON GLOBAL SCIENTIFIC AND EDUCATIONAL MAP: INTELLECTUAL PROPERTY PROTECTION IN ROMANIA AND UKRAINE

    Directory of Open Access Journals (Sweden)

    Denys Olexandrovych ILNYTSKYY

    2015-07-01

    Full Text Available Various indicators are used to characterise national scientific and educational systems (SES, but they do not provide clear disposition within global knowledge economy. The paper to identify the disposition of modern national SES o Romania and Ukraine conducted the testing of methods of building competitive maps of global scientific and educational space (SESp using the sample of intellectual property rights (IPR protection. Paper provides reasons for choice of indicators for mapping global SESp. Analysis of correlation of these parameters with GDP per capita found that over the past decade there was closest correlation with quality of IPR protection, which causes high competitive status of developed countries. Confirmed the hypothesis of the need to consider the size of GDP per capita to meet the task of building of competitive market map (CMM based on qualitative indicators. The analysis of SESp maps revealed few leaders and that a number of IPR protection systems are adequately implemented and functioning. Both Romania and Ukraine are found among global outsiders at the moment. Taking into account that the period under review encompassed almost a decade, we conclude that economy is characterized by a significant lag processes in science and education markets on the sample of IPR protection, but there are good examples of fast improvements and their international recognition.

  2. Intellectual Properties Rights-A strong determinant of economic growth in agriculture

    Directory of Open Access Journals (Sweden)

    Manju Chaudhary

    2010-03-01

    Full Text Available

    In the past few decades the subject of intellectual property rights (IPRs has occupied center stage in debates about globalization, economic development and poverty elimination. This study concerns the strengthening of IPRs in the plant breeding industry and its effect on agriculture in India. In India, most of the population relies on agriculture for its livelihood. India is self-sufficient in wheat and paddy, but deficient in other agricultural products. Patents are good indicators of research and development output. Patent analysis makes it possible to map out the trend of technological change and life cycle of a technology – growth, development, maturity and decline. Patent information and patent statistical analysis have been used for examining present, technological status and to forecast future trends. One can determine the directions of corporate R&D and market interests by analyzing patent data. The present study is an attempt to analyze patents granted in India in the field of agriculture and importance of biotechnology-based innovations in agriculture

  3. Intellectual Properties Rights-A strong determinant of economic growth in agriculture

    Directory of Open Access Journals (Sweden)

    Love Kumar Singh

    2010-01-01

    Full Text Available In the past few decades the subject of intellectual property rights (IPRs has occupied center stage in debates about globalization, economic development and poverty elimination. This study concerns the strengthening of IPRs in the plant breeding industry and its effect on agriculture in India. In India, most of the population relies on agricul-ture for its livelihood. India is self-sufficient in wheat and paddy, but deficient in other agricultural products. Pat-ents are good indicators of research and development output. Patent analysis makes it possible to map out the trend of technological change and life cycle of a technology - growth, development, maturity and decline. Patent infor-mation and patent statistical analysis have been used for examining present, technological status and to forecast future trends. One can determine the directions of corporate R&D and market interests by analyzing patent data. The present study is an attempt to analyze patents granted in India in the field of agriculture and importance of biotechnology-based innovations in agriculture

  4. A Design of New Fast Image Permutation Approach for Food Intellectual-property Protection

    Directory of Open Access Journals (Sweden)

    Feng Huang

    2015-08-01

    Full Text Available The security of food image was important in food intellectual-property protection. Permutation could protect security of image which charged the correlation among adjacent pixels. Some chaotic maps were used in image permutation; act as baker map or some other maps. But the plain image must be square. At the same time the plain image always is stretched to a line firstly. Obviously, it wasted precious time. The study found the pixels location could arrange freely using some new maps without stretching and those also could encrypt rectangle images not only square image. The ideas of maps were: firstly the plain image was divided into two halves. Using two different scanning methods it could stretch the halves to two different lines. Then it inserted the pixels of a line into the adjacent pixels of another line in order. Lastly the new line could be fold to a new image. For different of scanning methods, it got some different map patterns. A permutation approach was developed which used those patterns. It used decimal numbers as the keys and could permute rectangle images easily. The permutation process was quite fast and enough safe. Deciphering process was an invertible process using the same keys. Some studies proved that high correlation among adjacent pixels was rapidly charged. The approach could satisfy the most security requirements in Internet.

  5. Power estimation for intellectual property-based digital systems at the architectural level

    Directory of Open Access Journals (Sweden)

    Yaseer Arafat Durrani

    2014-09-01

    We present an efficient power macro-modeling technique at the architectural level for digital electronic systems. This technique estimates the power dissipation of intellectual property (IP components to their statistical knowledge of the primary inputs/outputs. During the power estimation method, the sequence of an input stream is generated by a genetic algorithm (GA using input metrics and the macro-model function to construct a set of functions that map the input metrics of a macro-block to its output metrics. Then, a Monte Carlo zero-delay simulation is performed and the power dissipation is predicted by a macro-model function. The most important contribution of the technique is that it allows fast power estimation of IP-based design by the simple addition of individual power consumption. This makes the power modeling of SoCs an easy task that permits evaluation of power features at the architectural level. In order to evaluate our model, we have constructed IP-based digital systems using different IP macro-blocks. In experiments with an individual IP macro-block the average error is 1–2% and for an entire IP-based system with interconnects, the error range is from 9% to 15%. The preliminary results are effective and our macro-model provides accurate power estimation.

  6. Biodiversity, biopiracy and benefits: what allegations of biopiracy tell us about intellectual property.

    Science.gov (United States)

    Hamilton, Chris

    2006-12-01

    This paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights (IPR) in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from 'genetic resources' derived from the world's biodiversity. This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using the neem tree case as an example, it describes activists' use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates 'solutions' to the very challenges it creates. The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term's influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made.

  7. International protection of non-original databases; studies on the economic impact of the intellectual property protection of non-original databases

    OpenAIRE

    Helga Tabuchi

    2006-01-01

    The Standing Committee of Copyright and Related Rights of the World Intellectual Property Organization (WIPO) has been discussing the possibility of introducing intellectual property protection of non-original databases through new international norms. It has been examining whether databases that do not presently qualify for copyright protection should also be protected. On the other hand, it is pointed out that the need of the scientific, research and educational sectors and the issue of acc...

  8. Providing Access to Academic Content for High-School Students with Significant Intellectual Disability through Interactive Videos

    Science.gov (United States)

    Evmenova, Anya S.; Graff, Heidi J.; Behrmann, Michael M.

    2017-01-01

    There has been a slight increase in the number of studies focused on the strategies used to introduce content-based instruction to students with moderate/severe disability. However, interventions for students with significant intellectual disability (ID) are lacking adapted materials to make instruction available in all major academic areas…

  9. On the Conflict and Coordination between Intellectual Property and Human Rights%论知识产权与人权的冲突与协调

    Institute of Scientific and Technical Information of China (English)

    计红

    2011-01-01

    当代知识产权权利的扩展导致知识产权制度本身所蕴含权利平衡机制被打破,对人权保护造成了冲击。知识产权与人权冲突的深层次原因是两种权利背后蕴含的利益冲突。协调知识产权与人权冲突要遵循权利优位原则、利益平衡原则、权利保护与社会经济发展相适应原则,对知识产权人的权利进行适当的限制,并建立知识产权制度的人权审查机制。%The contemporary expansion of intellectual property rights causes the inherent balancing mechanism in intellectual property rights system itself was broken,causing the impact on human rights protection.Deep-seated reasons of intellectual property rights conflict with human rights is behind the inherent conflict of interest rights.To coordinate conflict between intellectual property rights and human rights should follow the rihgt priority principle,the principle of balance of interests,rights protection and adapt to social and economic development principles,restrict the rights of intellectual property appropriately,and establish human rights review mechanisms for intellectual property system.

  10. 知识产权法基础理论研究方法论略%Methodology in the Study of Basic Theories of Intellectual Property Law

    Institute of Scientific and Technical Information of China (English)

    方江宁

    2014-01-01

    Scientific definition of research categories in the fundamental theories must be the starting point of intellectual proper -ty law research.It is obligatory to clarify different relationships , that between intellectual property rights , the intellectual property system and intellectual property law;that between basic theory of intellectual property law , jurisprudence , and civil law;and that between theory of socialist intellectual property right with Chinese characteristics and western capitalist intellectual property theo -ry.Under the presupposition of traditional law research methodology and categorized research methodology , a combination of methodological individualism and collectivism is especially suitable for systematic research of intellectual property law .%知识产权法基础理论的研究必须科学解决其研究范畴之惑,厘清知识产权、知识产权制度与知识产权法的关系,知识产权法基础理论与法理学和民法理论的关系,构建中国特色社会主义知识产权理论与西方资本主义知识产权理论的关系等三重关系,在适用传统法学的基本研究方法前提下,以类型化研究为基础,将方法论的个体主义与整体主义相结合,无疑是最适合知识产权法这一特殊法现象的系统研究方法。

  11. Human-tissue-related inventions: ownership and intellectual property rights in international collaborative research in developing countries.

    Science.gov (United States)

    Andanda, P A

    2008-03-01

    There are complex unresolved ethical, legal and social issues related to the use of human tissues obtained in the course of research or diagnostic procedures and retained for further use in research. The question of intellectual property rights over commercially viable products or procedures that are derived from these samples and the suitability or otherwise of participants relinquishing their rights to the samples needs urgent attention. The complexity of these matters lies in the fact that the relationship between intellectual property rights and ownership or rights pertaining to the samples on which the intellectual property right is based may either be overlooked or taken for granted. What equally makes the matter complex is that samples may be obtained from participants in developing countries and exported to developed countries for analysis and research. It is important for research ethics committees to tread carefully when reviewing research protocols that raise such issues for purposes of ensuring that appropriate benefit sharing agreements, particularly with developing countries, are in place. This paper attempts to analyse the key questions related to ownership and intellectual property rights in commercially viable products derived from human tissue samples. Patent law is used as a point of reference as opposed to other forms of intellectual property rights such as industrial designs because it is the right that most inventors apply for in respect of human tissue-related inventions. The key questions are formulated following a systematic analysis of peer reviewed journal articles that have reported original investigations into relevant issues in this field. Most of the cases and reported studies that are referred to in this paper do not directly deal with HIV/AIDS research but the underlying principles are helpful in HIV/AIDS research as well. Pertinent questions, which members of ethics review committees should focus on in this regard are discussed and

  12. The Managerial Perspective upon the Importance of Intellectual Property in Modern Society in Romania as a Member State of the European Union

    Directory of Open Access Journals (Sweden)

    Marius Cezar Pantea

    2011-09-01

    Full Text Available Inventiveness and creativity are essential features that made possible the distinction between man, throughout his evolution, and all the other creatures alive. The ability of attributing those features a productive utility continues to be of utmost importance in the social and economic structures of human societies. The survival, of each man, of each enterprise, organization and even of a nation definitely depends on the ability of maintaining permanent contact with the development and progress in all respects. Intellectual property is composed of legal rights which result from the activity of intellectual creation in the following fields: scientific, literary and artistic field. The impossibly of protection through more possession over the object of intellectual property represents the basis of the entire notion of normative regulations regarding this kind of property whose purpose is to defend creators and other goods makers and intellectual services by means of assignment, limited period, the right of usage of these works or services.

  13. 湛江实施知识产权战略的对策研究%Countermeasures on Implementing Intellectual Property Strategy of Zhanjiang

    Institute of Scientific and Technical Information of China (English)

    吴泗

    2011-01-01

    Intellectual property is the core strategic resources of the national or regional economic development. Intellectual property strategy is one of the most important strategies that are implemented by our country now. This essay starts with some basic concepts like intellectual property, intellectual property system, and intellectual property strategy, and expounds the importance of implementing intellectual property strategy to our country, to Zhanjiang and even to the development of enterprises. It describes the effect which Zhanjiang has achieved by implementing intellectual property strategy in recent years, and analyses the existing problems of Zhanjiang' s intellectual property strategy such as relatively weak sense of corporate intellectual property, relatively low independent innovation capacity, a small number of independent intellectual property rights with unimpressive quality, inadequate investment in intellectual property rights, shortage of corporate intellectual property professionals, imperfect intellectual property management and service system, and so on. To solve these problems, this paper offers countermeasures to speed up the implementation of IP strategy in Zhanjiang as follows: we must give full play the main role of enterprises and the supporting role of government; we need to strengthen human resources and improve incentives; we must increase funding and policy support, and strengthen intellectual property creation and application ability; we must innovate systems and mechanisms to improve the IPR management and service levels; last but not least, we must strengthen law enforcement, establish and perfect the intellectual property protection system.%知识产权是一个国家或地区经济发展的核心战略资源.知识产权战略是我国目前正在实施的重要战略之一.从知识产权、知识产权制度、知识产权战略等基本概念入手,阐明了实施知识产权战略对国家、对湛江乃至对于企业发展的

  14. Intellectual Disability

    Science.gov (United States)

    ... Knows What? (log-in required) Select Page Intellectual Disability Jun 16, 2010 NICHCY Disability Fact Sheet 8 ... ready! Back to top What is an Intellectual Disability? Intellectual disability is a term used when a ...

  15. Measuring social desirability amongst men with intellectual disabilities: the psychometric properties of the Self- and Other-Deception Questionnaire-Intellectual Disabilities.

    Science.gov (United States)

    Langdon, Peter E; Clare, Isabel C H; Murphy, Glynis H

    2010-01-01

    Social desirability has been construed as either inaccurately attributing positive characteristics to oneself (self-deception), or inaccurately denying that one possesses undesirable characteristics to others (other-deception or impression management). These conceptualisations of social desirability have not been considered in relation to people with intellectual disabilities (IDs), but they are important constructs to consider when undertaking a psychological assessment of an individual, especially within forensic contexts. Therefore, we revised two existing measures of self- and other-deception and considered their psychometric properties. Thirty-two men with mild IDs and 28 men without IDs completed the Self- and Other-Deception Questionnaires-Intellectual Disabilities (SDQ-ID and ODQ-ID) on two occasions, two weeks apart. Men with IDs scored significantly higher on the SDQ-ID and the ODQ-ID than men without IDs. However, these differences disappeared when Full Scale IQ, Verbal IQ and Performance IQ were controlled in relation to the SDQ-ID, and partially disappeared in relation to the ODQ-ID. The SDQ-ID and the ODQ-ID had substantial internal consistency in relation to men with IDs (k=0.82 and 0.84 respectively). The test-retest reliability of the SDQ-ID was good (r(i)=0.68), while the test-retest reliability of the ODQ-ID was moderate (r(i)=0.56), for men with IDs. The SDQ-ID had moderate (k=0.60) and the ODQ-ID had substantial (k=0.70) internal consistency in relation to men without IDs, while the test-retest reliability of the SDQ-ID was excellent (r(i)=0.87) as was the case for the ODQ-ID (r(i)=0.85). The SDQ-ID and the ODQ-ID have satisfactory psychometric properties in relation to men with and without IDs. Future research using these instruments is proposed. Copyright © 2010 Elsevier Ltd. All rights reserved.

  16. Adipose-Derived Stem Cells in Aesthetic Surgery: A Mixed Methods Evaluation of the Current Clinical Trial, Intellectual Property, and Regulatory Landscape.

    Science.gov (United States)

    Arshad, Zeeshaan; Halioua-Haubold, Celine-Lea; Roberts, Mackenna; Urso-Baiarda, Fulvio; Branford, Oliver A; Brindley, David A; Davies, Benjamin M; Pettitt, David

    2017-06-07

    Adipose tissue, which can be readily harvested via a number of liposuction techniques, offers an easily accessible and abundant source of adipose-derived stem cells (ASCs). Consequently, ASCs have become an increasingly popular reconstructive option and a novel means of aesthetic soft tissue augmentation. This paper examines recent advances in the aesthetic surgery field, extending beyond traditional review formats to incorporate a comprehensive analysis of current clinical trials, adoption status, and the commercialization pathway. Keyword searches were carried out on clinical trial databases to search for trials using ASCs for aesthetic indications. An intellectual property landscape was created using commercial software (Thomson Reuters Thomson Innovation, New York, NY). Analysis of who is claiming what in respect of ASC use in aesthetic surgery for commercial purposes was analyzed by reviewing the patent landscape in relation to these techniques. Key international regulatory guidelines were also summarized. Completed clinical trials lacked robust controls, employed small sample sizes, and lacked long-term follow-up data. Ongoing clinical trials still do not address such issues. In recent years, claims to intellectual property ownership have increased in the "aesthetic stem cell" domain, reflecting commercial interest in the area. However, significant translational barriers remain including regulatory challenges and ethical considerations. Further rigorous randomized controlled trials are required to delineate long-term clinical efficacy and safety. Providers should consider the introduction of patient reported outcome metrics to facilitate clinical adoption. Robust regulatory and ethical policies concerning stem cells and aesthetic surgery should be devised to discourage further growth of "stem cell tourism."

  17. 企业开放式知识产权战略框架研究%Study on the Framework of Enterprise Open Intellectual Property Strategy

    Institute of Scientific and Technical Information of China (English)

    唐国华; 赵锡斌; 孟丁

    2014-01-01

    随着技术复杂性的提高和产品更新换代速度的加快,传统的以产权控制为基础的知识产权战略在许多高科技行业已难以维持持续的竞争优势。基于开放式创新理念,研究了企业开放式知识产权战略的框架,分析了知识产权战略的维度,比较了开放式知识产权战略与传统知识产权战略的异同,总结了开放式知识产权战略的特点,并从知识的获取、知识产权的管理和知识产权的运用三个维度,介绍了开放式知识产权战略的构建。%With the increasing of technology complexity and the speeding up of the products upgrading, the tradi-tional intellectual property strategy based on property controlling has been difficult to maintain a sustained competi-tive advantage in many high-tech industries. Basing on the idea of open innovation, this paper made a study on the framework of enterprise open intellectual property strategy, analyzed the dimension of intellectual property strat-egy, made a compare between the open intellectual property strategy and traditional intellectual property strategy, summarized the characteristics of the open intellectual property strategy, and introduced the constructing of open in-tellectual property strategy from three dimensions about knowledge acquisition, property right management and property rights application. The results deepen the understanding of enterprise intellectual property strategy and pro-vide the suggestion for the enterprises to construct open intellectual property strategy in the era of knowledge economy.

  18. On Locke's Theory of Intellectual Property%洛克的知识财产学说解读

    Institute of Scientific and Technical Information of China (English)

    白婧

    2015-01-01

    Locke's theory of property rights has had a profound impact on the formulation and itinerary of the intellectual property law of the West.He believed that labor is the premise and guarantee of property, property is the reward that God gives laborers, and that labor is the starting point of property.Talking about the reason of in-tellectual property from the perspective of labor is determined by the relationship between the concept of share and shared knowledge.Locke reasoned property rights from nature laws, removed traditional conditions restric-ting property rights and formed a view of supporting unlimited possession.%洛克的财产权理论对西方各国知识产权法的制定都产生过深远影响。他认为劳动是获取财产的前提和保障,财产是上帝赋予劳动者的奖赏,把劳动作为财产的出发点。用劳动来论证知识财产的合理性取决于共有概念和共有知识之间的关系。洛克从自然法中推断出了财产权,同时又消除了传统上限制财产权行使的那些自然法的条件,最终形成了支持无限占有的观点。

  19. Learning, technology and intellectual property: a survey of the philosophies and preferences of our trainees and peers.

    Science.gov (United States)

    Bedoya, Maria A; Back, Susan J; Scanlon, Mary H; Delgado, Jorge; Darge, Kassa; Reid, Janet R

    2016-12-01

    Increasing workloads threaten the quality of teaching in academic radiology practices. There is a wealth of unfiltered educational resources for radiology on the internet. As a digital native, today's radiology trainee may have differing opinions from teachers about learning and intellectual property. To identify the preferences and philosophies regarding learning, technology and intellectual property toward the future development of an innovative radiology curriculum. An electronic survey with 22 questions was sent to 2,010 members of the Society for Pediatric Radiology and 100 radiology trainees. Three hundred sixty-one of the 2,110 surveys were returned. All questions were completed in 342 surveys. Fifty-three respondents were trainees (residents and fellows) and 289 respondents were radiologists (teachers). Time needed for a single learning activity in both groups is teachers spend less time (P=0.007). The preferred learning environments were point-of-care and outside work hours for both groups. Ideal lecture durations were 31-45 min for trainees and 21-30 min for teachers (P=0.001). Adoption of new technology showed late majority and laggard trends for both groups (P=0.296). Interest in gadgets was greater in trainees (17%) than teachers (2%) (Pteachers (61%) (P=0.008). More trainees (61%) than teachers (42%) would not charge money for educational materials (P=0.028); 27% versus 13%, respectively, disagreed with dissemination of those materials beyond the institution (P=0.013). While millennial trainees are adult learners with a stronger comfort with technology, learning styles of trainees and teachers are more similar than was previously believed. Trainees and teachers hold conflicting philosophies about intellectual property. Results herein speak favorably for revising our teaching portfolio to include practical learning materials of short duration available at point-of-care.

  20. Environmental Protection Versus Intellectual Property: The U.S-Mexico Free Trade Agreement Negotiations.

    Science.gov (United States)

    Foy, George

    1992-01-01

    Compares the U.S. objective of protecting the knowledge required to develop certain products to environmental protection in the United States-Mexico Free Trade Act negotiations. Argues that environmental regulation should be included in the negotiations with force equal to that for intellectual rights protection. (55 references) (MDH)

  1. The Controllability Beliefs Scale Used with Carers of People with Intellectual Disabilities: Psychometric Properties

    Science.gov (United States)

    Dagnan, D.; Hull, A.; McDonnell, A.

    2013-01-01

    Background: Beliefs about the controllability of behaviour have been consistently shown to be important in understanding the responses of carers to the challenging behaviour of people with intellectual disabilities (IDs). This paper reports the reliability and validity of the Controllability Beliefs Scale (CBS), a 15-item measure of beliefs…

  2. Developments of the Estonian intellectual property system to meet the challenges of the knowledge-based economy : [doktoritöö] / Aleksei Kelli ; Tartu Ülikool ; juhendaja: Heiki Pisuke

    Index Scriptorium Estoniae

    Kelli, Aleksei, 1977-

    2009-01-01

    Sisaldab artikleid: Intellectual property in an innovation-based economy // Review of Central and East European Law (2008) nr. 2, lk. 223-238 (kaasautor Heiki Pisuke) ; Some issues of the Estonian innovation and intellectual property policy // Juridica International. XV. Tartu, 2008, lk. 104-114 ; Improvement of the intellectual property system as a measure to enhance innovation // Juridica International. XVI. Tartu, 2009, lk. 114-125 ; Some issues regarding entrepreneurial universities and intellectual property // Juridica International. XII. Tartu, 2007, lk. 161-172 (kaasautor Heiki Pisuke). - Tutvustus // Tartu Ülikooli doktorite promoveerimine 2010. Tartu, 2010, lk. 5-6

  3. Developments of the Estonian intellectual property system to meet the challenges of the knowledge-based economy : [doktoritöö] / Aleksei Kelli ; Tartu Ülikool ; juhendaja: Heiki Pisuke

    Index Scriptorium Estoniae

    Kelli, Aleksei, 1977-

    2009-01-01

    Sisaldab artikleid: Intellectual property in an innovation-based economy // Review of Central and East European Law (2008) nr. 2, lk. 223-238 (kaasautor Heiki Pisuke) ; Some issues of the Estonian innovation and intellectual property policy // Juridica International. XV. Tartu, 2008, lk. 104-114 ; Improvement of the intellectual property system as a measure to enhance innovation // Juridica International. XVI. Tartu, 2009, lk. 114-125 ; Some issues regarding entrepreneurial universities and intellectual property // Juridica International. XII. Tartu, 2007, lk. 161-172 (kaasautor Heiki Pisuke). - Tutvustus // Tartu Ülikooli doktorite promoveerimine 2010. Tartu, 2010, lk. 5-6

  4. Newly Establishment and Future Development of Studies of Intellectual Property%知识产权学的初创和未来发展

    Institute of Scientific and Technical Information of China (English)

    王续琨; 丁堃; 曲昭

    2016-01-01

    发端于20世纪80年代的知识产权研究已经积累了丰厚的研究成果,为知识产权学在中国的初创奠定了坚实的学术基础。知识产权学已经建立、正在建立和有待建立的分支学科,可以划分为基础知识产权学、法律知识产权学、专项知识产权学、分域知识产权学、边缘知识产权学5个学科系组,由此构成学科体系的发展格局。为了促进知识产权学一系列新兴分支学科的衍生发展,研究者在今后一个时期应该不断强化学科整合-分化意识、学科交汇-融合意识、学科元问题研究意识。%The intellectual property research which began in 1980s has accumulated a substantial research results and laid a solid academic foundation for the startups of intellectual property science in China. The disciplines of intellectual property science which are established,in the process of establishment and to be established consist of five discipline sub-groups, namely,basic theory of intellectual property right,legal theory of intellectual property right,special theory of intellectual property right,sub-field theory of intellectual property right and edge theory of intellectual property right,thus constituting the development pattern of the disciplinary system. In order to promote the derivative development of a series of new disci-plines of intellectual property,researchers will continue to strengthen the discipline integration-differentiation conscious-ness,discipline convergence-integration consciousness and the research of discipline meta-question in the coming peri-od.

  5. Thoughts on the Construction of Enterprise Intellectual Property Management System%构建企业知识产权管理体系的思考

    Institute of Scientific and Technical Information of China (English)

    钟师鹏

    2015-01-01

    如今创新已成为时代发展的主题,随着我国知识产权制度的日益完善,企业越来越重视对知识产权的管理,迫切需要构建一套行之有效的知识产权管理体系.本文从知识产权管理机构、管理制度、管理信息平台及管理评估体系等方面探讨了企业知识产权管理体系的构建.%Today, innovation has become the theme of the times. With the increasing improvement of the in-tellectual property system, companies increasingly focus on intellectual property management with an urgent need to build an effective intellectual property management system. From the aspect of intellectual property manage-ment mechanism, management system, management information platform and management evaluation system, the paper explores the construction of enterprise intellectual property management system.

  6. 种子企业知识产权战略研究%Research on Intellectual Property Strategy of Seed Enterprises

    Institute of Scientific and Technical Information of China (English)

    陈燕娟

    2011-01-01

    Based on the content of seed company's intellectual property strategy introduced, the significance of implementing the intellectual property strategy was summarized was summarized; and the characteristics of the intellectual property strategy of seed companies in developed country and the status of implementation of Chinese seed companies intellectual property strategy were analyzed. In the end, the strategies to promoting the implementation of the intellectual property strategy in Chinese seed enterprises were proposed.%介绍了种子企业知识产权战略的内涵,归纳出种子企业实施知识产权战略的重要意义,在分析发达国家种子企业知识产权战略的特点及趋势和我国种子企业知识产权战略实施现状的基础上,提出推进我国种子企业知识产权战略实施的对策.

  7. To be or not IP? Exploring limits within patent law for the constitutionalization of intellectual property rights and the governance of synthetic biology in human health.

    Science.gov (United States)

    Schneider, Ingrid

    2012-01-01

    The article explores limits within patent law for the constitutionalization of Intellectual Property Rights and the governance of synthetic biology in human health. To this end, it starts by explaining the inherent rationales of two fundamental limits within European patent law, namely (1) the boundary between discovery and invention (Art. 52 EPC); (2) the ordre public and public policy clause (Art. 53 (a) EPC). Both these exclusions from patent eligibility bear a normative function but rely on opposing inherent logics, functions, and regulatory aims. While in the first type of logics, "enabling access for all" is the guiding principle, in the second, converse logics, no one should have access to the technological knowledge in question. The second part contends that decisions on whether and how to grant patents in synthetic biology are not independent from institutional frameworks: The arena in which synthetic biology patenting will be dealt with will be decisive for whether and how boundaries will be deployed. From a political science perspective, the administrative, legislative and judicial arena can be distinguished. If synthetic biology will be negotiated in the legislative arena, in particular in the European Parliament, the probabilities will be higher that either the discovery clause or the ordre public clause will be applied. In contrast, patent offices and courts have, at least in the past decades, employed a narrow interpretation of these absolute exemptions from patentability and hardly ever used them. The third part asserts that metaphoric framing of synthetic biology is another crucial factor for patentability questions. Semantic framing may relate to the articulation and mobilization of consent or dissent, and thus public acceptance of synthetic biology. Whether applications of synthetic biology are conceived as "natural" or "synthetic" DNA may have an influence on whether patenting might become contested as "patenting life" or accepted as novel, and

  8. Research on Intellectual Property Strategies of Digital Library%数字图书馆知识产权策略探讨

    Institute of Scientific and Technical Information of China (English)

    申晓娟; 胡洁

    2012-01-01

    Today, intellectual property is increasingly becoming the key factor of digital library construction and development. This paper introduces the intellectual property strategies adopted in National Digital Library of China, and analyses some practicable solutions on digital library intellectual property issues under current law.%当前,知识产权日益成为影响数字图书馆建设与发展的一个关键因素。本文以国家数字图书馆建设中采取的知识产权策略为例,对现有法律框架下可行的数字图书馆知识产权解决:方案进行分析。

  9. Intellectual property rights in the era of “information society”

    OpenAIRE

    Catalin Angelo Ioan; Gina Ioan

    2012-01-01

    The phenomenon of breaching the intellectual rights is one of a big interest in these days. The computers and the development of software, also the explosion of Internet throughout the World give the posibility of an easy breach of the author rights. We analyse in the paper some situations which are many of them at the limit of the law, but present every day in our life.

  10. Intellectual property rights in the era of “information society”

    Directory of Open Access Journals (Sweden)

    Catalin Angelo Ioan

    2012-04-01

    Full Text Available The phenomenon of breaching the intellectual rights is one of a big interest in these days. The computers and the development of software, also the explosion of Internet throughout the World give the posibility of an easy breach of the author rights. We analyse in the paper some situations which are many of them at the limit of the law, but present every day in our life.

  11. 加强医院的知识产权管理%Discussion on the Strategy of Implementing the Intellectual Property Management in Hospitals

    Institute of Scientific and Technical Information of China (English)

    陈飞; 王玥; 王德丰; 徐水珠

    2015-01-01

    随着我国知识产权战略的实施,医院知识产权的发展水平在医院综合竞争力中的地位越来越重要. 强化医院知识产权战略管理势在必行.该文根据该院知识产权管理现状并结合实际情况,阐述了医院知识产权的特点:知识产权保护意识较为淡薄,专利基本知识掌握不足;专利申请流于数量,技术含量不高;专利转化率低. 针对其特点,探讨了加强医院知识产权战略管理的策略:提高知识产权意识,普及专利基本知识;健全管理制度,提高管理水平,提供政策支持;加强专利申请环节的审查和评估;加强专利维护环节的管理;加强与医药企业的合作,促进专利成果转化.%With the implementation of intellectual property strategy in China, the development level of hospital intellectual property is more and more important in the comprehensive competitiveness of the hospital. Strengthening the strategic man-agement of intellectual property in the hospital is imminent. This paper analyzes the characteristics of hospital intellectual property rights by combining the present situation and the practice of the intellectual property management in our hospital:Intellectual property protection consciousness is relatively weak, the basic knowledge of the patent is insufficient; the patent application is a mere amount, the technology content is not high;the patent conversion rate is low. In view of its characteris-tics, the strategy of strengthening the strategic management of the intellectual property in the hospital is discussed: To raise awareness of intellectual property rights, to popularize basic knowledge of patents, improve management system, improve management level, provide policy support, strengthen the examination and evaluation of patent applications, strengthen the management of patent maintenance, strengthen cooperation with pharmaceutical companies, and promote the transformation of patent results.

  12. Korean Intellectual Property capacity building brings inspiration for China to create innovative China Intellectual Property Innovation Strategy%韩国知识产权创造能力建设对中国知识产权创新战略的启示

    Institute of Scientific and Technical Information of China (English)

    中国高技术产业发展促进会知识产权战略研究课题组

    2014-01-01

    Experiences of intellectual property strategy from the United Arab Emirates and the Republic of Korea showed that, the surge in registrations of intellectual property rights may not be able to maintain sustained growth of the knowledge economy. China should focus on knowledge innovation, intellectual property creation capacity building, timely adjustment of China's intellectual property strategic direction. On the back of special knowledge-economic zones, such as town-driven special knowledge-economic zone, policy-driven special knowledge-economic zone, capital-driven special knowledge-economic zone, the core elements of China’s intellectual property strategy will be transformed into capability of knowledge innovation and capability of intellectual property creativity, to achieve upgrades of national intellectual property strategy.%来自阿联酋改革和韩国知识产权战略经验显示,知识产权注册量的激增未必能维系知识经济的持续性增长。我国应着眼于知识创新能力、知识产权创造能力建设,适时调整我国的知识产权战略发展方向。在小镇驱动的知识经济特区、政策驱动的知识经济特区、资本驱动的知识经济特区这3类知识经济特区推动下,我国知识产权战略的核心内容就会转变为知识创新能力、知识产权创造能力的建设,实现国家知识产权战略的升级。

  13. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH.

    Science.gov (United States)

    Reichman, Jerome H

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as "market exclusivity" and in Europe as "data exclusivity," these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers' undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers' clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers' consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the expense of public

  14. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH

    Science.gov (United States)

    REICHMAN, JEROME H.

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as “market exclusivity” and in Europe as “data exclusivity,” these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers’ undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers’ clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers’ consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the

  15. Attachment in Adults with Intellectual Disabilities: Preliminary Investigation of the Psychometric Properties of the Manchester Attachment Scale-Third Party Observational Measure

    Science.gov (United States)

    Penketh, Victoria; Hare, Dougal Julian; Flood, Andrea; Walker, Samantha

    2014-01-01

    Background: The Manchester Attachment Scale-Third party observational measure (MAST) was developed to assess secure attachment style for adults with intellectual disabilities. The psychometric properties of the MAST were examined. Materials and Methods: Professional carers (N = 40) completed the MAST and measures related to the construct of…

  16. Reflections on the International Networking Conference “Ethical and Social Aspects of Intellectual Property Rights – Agrifood and Health”, Brussels, September 2011

    NARCIS (Netherlands)

    Korthals, M.; Timmermann, C.A.

    2013-01-01

    Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects suc

  17. Intellectual Property Law Confers Rights in Respect of Online Distance Education, yet Most Learning Resources Are Still Free--Truth or Fiction?

    Science.gov (United States)

    Mann, Bruce L.

    2009-01-01

    Educational technologists might well describe online distance education as "a series of instructional events over the Internet that find their expression as learning events in a student". As a legal construct however, "online distance education" is simply "the intellectual property of its owner". This description is…

  18. Reflections on the International Networking Conference “Ethical and Social Aspects of Intellectual Property Rights – Agrifood and Health”, Brussels, September 2011

    NARCIS (Netherlands)

    Korthals, M.; Timmermann, C.A.

    2013-01-01

    Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects

  19. Digital Dilemma: Intellectual Property [and] The ERCIM Technical Reference Digital Library [and] International Information Gateway Collaboration [and] The Standards Fora for Online Education.

    Science.gov (United States)

    Gladney, Henry M.; Andreoni, Antonella; Baldacci, Maria Bruna; Biagioni, Stefania; Carlesi, Carlo; Castelli, Donatella; Pagano, Pasquale; Peters, Carol; Pisani, Serena; Dempsey, Lorcan; Gardner, Tracy; Day, Michael; van der Werf, Titia; Bacsich, Paul; Heath, Andy; Lefrere, Paul; Miller, Paul; Riley, Kevin

    1999-01-01

    Includes four articles that discuss the impact of the emerging digital information infrastructure on intellectual property; the implementation of a digital library for a European consortium of national research institutions; an international information gateway collaboration; and developing standards for the description and sharing of educational…

  20. Measurement Properties of the Non-Communicating Adult Pain Checklist (NCAPC): A Pain Scale for Adults with Intellectual and Developmental Disabilities, Scored in a Clinical Setting

    Science.gov (United States)

    Lotan, M.; Moe-Nilssen, R.; Ljunggren, A. E.; Strand, L. I.

    2010-01-01

    The 18 items' Non-Communicating Adult Pain Checklist (NCAPC) has been developed from the 27 items Non-Communicating Children Pain Checklist to better capture pain behavior of adults with Intellectual and Developmental Disabilities (IDD). As part of the NCAPC's measurement properties, internal consistency, reliability and sensitivity to pain have…

  1. 论应对气候变化的绿色知识产权策略%Research on the Green Intellectual Property Strategy Against Climate Change

    Institute of Scientific and Technical Information of China (English)

    郑友德; 王活涛; 郭玉新

    2016-01-01

    为了应对全球气候变化,各国纷纷制定实施旨在减缓气候变化的绿色技术创新战略。对于绿色技术的创新与传播,知识产权法究竟是催化剂抑或阻却剂,目前发达国家与发展中国家依然各抒己见。本文试以现行知识产权法为基础,诠释绿色知识产权法的内涵与外延,探讨减缓气候变化的绿色知识产权法的主要应对策略。%In order to deal with the global climate change, various countries have developed so-called green technology innovation strategy to mitigate climate change. For the innovation and diffusion of green tech-nologies , whether the intellectual property law is the catalyst or the retardant is still being debated between de-veloped countries and developing countries. This paper attempts to explain the connotation and denotation of the green intellectual property law, and to discuss some relevant countermeasures of the green intellectual property law to mitigate climate change on the basis of existing intellectual property law.

  2. Co-ownership of intellectual property: Exploring the value-appropriation and value-creation implications of co-patenting with different partners

    NARCIS (Netherlands)

    Belderbos, Rene; Cassiman, Bruno; Faems, Dries; Leten, Bart; Looy, Van Bart

    2013-01-01

    Combining both interview data and empirical analyses at the patent and firm levels, we explore the value-appropriation and value-creation implications of R&D collaboration resulting in the co-ownership of intellectual property (i.e. co-patents). We make an explicit distinction between three differen

  3. Co-ownership of intellectual property : Exploring the value-appropriation and value-creation implications of co-patenting with different partners

    NARCIS (Netherlands)

    Belderbos, Rene; Cassiman, Bruno; Faems, Dries; Leten, Bart; Van Looy, Bart

    2014-01-01

    Combining both interview data and empirical analyses at the patent and firm levels, we explore the value-appropriation and value-creation implications of R&D collaboration resulting in the co-ownership of intellectual property (i.e. co-patents). We make an explicit distinction between three differen

  4. Genetically modified foods in China and the United States: A primer of regulation and intellectual property protection

    Directory of Open Access Journals (Sweden)

    Alice Yuen-Ting Wong

    2016-09-01

    Full Text Available Food is a basic and personal necessity to human. Safety of food is a prime factor to consider apart from nutrition, quality and cost. Genetically modified (GM foods first came on the market in 1994. Yet safety, transparency and traceability of GM foods are still under hot debate. Nonetheless, the market of GM foods is huge and attractive. Regulatory affairs and intellectual property (IP are two critical factors affecting the development and commercial success of a food product. This article will take a look at the GM food technology and regulatory framework for GM foods in China and the United States. This article will also discuss the unique patent issues and non-patent IP tools for safeguarding the technology in these two countries.

  5. A macro-economic framework for evaluation of cyber security risks related to protection of intellectual property.

    Science.gov (United States)

    Andrijcic, Eva; Horowitz, Barry

    2006-08-01

    The article is based on the premise that, from a macro-economic viewpoint, cyber attacks with long-lasting effects are the most economically significant, and as a result require more attention than attacks with short-lasting effects that have historically been more represented in literature. In particular, the article deals with evaluation of cyber security risks related to one type of attack with long-lasting effects, namely, theft of intellectual property (IP) by foreign perpetrators. An International Consequence Analysis Framework is presented to determine (1) the potential macro-economic consequences of cyber attacks that result in stolen IP from companies in the United States, and (2) the likely sources of such attacks. The framework presented focuses on IP theft that enables foreign companies to make economic gains that would have otherwise benefited the U.S. economy. Initial results are presented.

  6. Intellectual property law and competition law in China - Analysis of the current framework and comparison with the EU approach

    Directory of Open Access Journals (Sweden)

    Yeung Nga Man

    2014-05-01

    Full Text Available In this paper Yeung Nga Man looks at the question of protection of intellectual property rights in the Chinese legal system with comparative reference to policy and practice in the European Union. What is the best way to stimulate competition but yet also protect innovation? Part I of the essay examines the present IPRs protection in China. In Part II, contrary to the myth that competition and IP law conflict with one another, the author argues that both foster innovation and development, and enhance consumer welfare. Part III discusses the competition law regime in China with a specific focus on AML and evaluation of the enforcement of the regime. Part IV outlines the European Union approach, which China might consider adopting. Part V discusses the Block Exemptions approach from the E.U. on horizontal agreements.

  7. DerSchutz des geistigen Eigentums in der Verfassung der Bundesrepublik Deutschland und der zRechtsordnumg der Republik Indonesien (Defense of Intellectual Property in the Constitution of the Federal Republic of Germany and the Legal System of the Republic on Indonesia)

    Science.gov (United States)

    2000-01-01

    This dissertation can be divided into eight chapters: 1) the place of the right of intellectual property in the German legal system ; 2) the history...Law; 5) the basic legal guarantee of personality-related aspects of intellectual property; 6) intellectual property in the Indonesian legal system ; 7

  8. Juridical and sociocultural problems on the definition of a law concerning property, usage and access to genetic resources in Colombia.

    Science.gov (United States)

    Calle, R

    1996-04-01

    The property, usage, and access to genetic resources, is today one of the primary topics in international business, as a result of the strategic importance of the resources for the biotechnology industry. Internationally, the sovereignty that each country has over its natural patrimony is recognized. However, the new laws of international marketing have obligated countries in the process of development, such as Colombia, to adopt and copy a concept of intellectual property on living resources that does not have anything to do with the country's sociocultural identity, and sometimes even does not take into account its material enjoyment. The new juridical movement that treats genetic resources as private property produces a cultural conflict between indigenous populations, Afro-Americans and peasants, because for them the genetic resources are an element of community life. In these communities, knowledge is freely transmitted; it is an understanding that they have to conserve their agricultural customs and the relationship that they have with the environment. They do not recognize the term "property' according to patenting laws. These elements have to be considered, respected, and guaranteed in the laws that recognize the genetic resources in the country. On the other hand, not even countries that are pioneers in biotechnological development can adopt a concept about patents that is in agreement with the particularities that the living materials possess. This is obviously the reason for the numerous discussions on the legal interpretation, as well as complicated debates in court. Confronting that situation, there are countries rich in biodiversity, such as Colombia, but which do not have a proper concept and are not economically strong in the international context. These countries have to copy inadequate protection policies that do not take into account all their rights. This paper describes some of the technical, juridical, and sociocultural difficulties which

  9. Restrictions on Competition Law on Intellectual Property Rights%竞争法对知识产权许可的限制

    Institute of Scientific and Technical Information of China (English)

    董文博; 陈俊秀

    2016-01-01

    License problems are common in the field of intellectual property rights, whose permit systems include some inner restrictions. This paper focuses on the external restrictions. Intellectual property law aims at stimulating more inventions by assigning the intellectual property rights to the inventors to maximize the benefits of the invention, thus promoting social progress. While the competition law aims at promoting the healthy and orderly development of the market through the restriction on unfair competition. The relationship between the exclusive right of the intellectual property rights and the aim of anti-unfair competition is seemingly contradictory yet complement to each other, and needs to be well dealt with. Therefore, the abuse of power in the regulation of intellectual property rights is the problem.%知识产权法是通过赋予知识产权人专属利益最大化来刺激更多的发明创造的出现,无形中推动社会进步;而竞争法则是通过限制不正当竞争来促进市场健康、有序的发展。应当处理好知识产权这种独占性权利与反不正当竞争之间看似相生相克,实则相辅相成的关系。因此,规制知识产权许可中的权力滥用便成了题中之意。

  10. 论公权性标志的知识产权属性%On the Intellectual Property Rights Attributes of Public Power Logos

    Institute of Scientific and Technical Information of China (English)

    潘小玉

    2011-01-01

    Public power logos carrying the designers' creativity and commercial value,should be protected in terms of their intellectual property rights.Public power logos can be included in the existing intellectual property rights system,falling under the category of trademarks,and their protection can be likened to trademark protection.Time limit is a feature based on traditional intellectual property rights;however,it does not apply to public power logos and other such new types.Theories of intellectual property rights should keep pace with the times to meet the demands of society.The unlimited time warrant for public power logos should not be an obstacle for them to be included into the protection system of intellectual property rights.%公权性标志作为一种蕴含人的创造且具有商业价值的信息,属于知识产权所保护的对象。公权性标志可以纳入现有知识产权体系中商业标志的范畴,对其保护可以采用类商标的保护模式。基于传统知识产权抽象出来的知识产权时间性的特征并不适用于公权性标志这样的新型权利,知识产权理论构建也需要与时俱进,以符合社会的发展和需要。公权性标志的无期限性不能构成将其纳入知识产权保护体系的障碍。

  11. 国防工业合作创新中的国防知识产权分析%Intellectual Property for Cooperative Innovation of National Defense Industry

    Institute of Scientific and Technical Information of China (English)

    郭永辉

    2012-01-01

    This paper firstly analyzes the types and development features of cooperative innovation for national defense industry. It systematically compares the difference between military and traditional intellectual property, and emphasizes the political nature and public welfare of military intellectual property. This paper also analyzes the influence of intellectual property on cooperative innovation from its mode and features. The result shows that the current system can' t efficiently control and manage the intellectual property risks and encourage cooperative innovation. Finally, it gives suggestions for the reform and perfect of intellectual property law system and management system.%分析国防工业合作创新的类型与发展特点。系统比较国防知识产权与普通知识产权间的主要差别,突出强调国防知识产权的政治性和公益性。从产权模式、产权特性等方面,全面剖析国防知识产权制度对国防工业合作创新的影响,指出目前的国防知识产权制度体系缺乏对知识产权风险等问题的有效约束和规范,不足以对国防合作创新形成有效激励。最后,提出国防知识产权法律体系和管理制度改革、完善的建议。

  12. 试论我国体育知识产权的保护问题%Discussion on Protection of Sports Intellectual Property Rights in China

    Institute of Scientific and Technical Information of China (English)

    张岩晶

    2014-01-01

    From the Beijing Olympic Games , to the Winter Olympics in Sochi , big sporting events bring audio -visual feast not only for the peoples of the world , also have contributed to global economic development , environ-mental protection and so on .Protection of sports intellectual property right , including sporting events , but is just getting started.Among them, the research on criminal law protection of sports intellectual property right were few . This paper attempts to analyze protection of sports intellectual property right , analyzes the protection of sports in-tellectual property right deficiency and its causes , and finally systematic analyzes how cooperation between the dif-ferent branches of law , penal this final “bottom line” for the protection of sports intellectual property right .%从北京奥运会谢幕到索契冬奥会为止,大型体育赛事不仅给世界人民带来了视听盛宴,也为全球的经济发展、环境保护等做出了贡献。但包括体育赛事在内的体育知识产权的保护却刚刚起步。其中,体育知识产权的刑法保护问题的研究更是少之又少。本文试图分析体育知识产权的保护现状,分析保护体育知识产权不足之处及原因,最后系统的分析如何借助不同的部门法之间的合作,实现刑法这道最后的“底线”对体育知识产权的保护。

  13. 装备研制过程中知识产权运用分析%Analysis on Applying Intellectual Property in Weapon Equipment R & D Process

    Institute of Scientific and Technical Information of China (English)

    刘宝平; 魏华; 孙胜祥

    2014-01-01

    This paper analyzed the behavioral characteristic and income of stakeholders of weapon equipment R&D process when applying intellectual property.The intellectual property situation was divided into 3 types:buying from other's, using their own and developing new one.The market type is perfect monopoly or oligopoly.It was found that in perfect monopoly market en-terprise has no motivation to apply intellectual property and the military cannot get benefits.In oligopoly market, although makes lose, enterprise will apply intellectual property and military will get benefits.So we should enhance competing and improve the pricing mechanism to improve the application of intellectual property in weapon equipment R&D process.%分析了在完全垄断和寡头垄断两种情况下装备研制企业外购知识产权、运用背景知识产权和开发知识产权时各方的行为特征和收益情况,结果显示:在完全垄断的情况下,企业没有动力运用知识产权,军方不会获得收益;在寡头垄断情况下,企业运用知识产权虽然利益受损,但军方可以从中获益。因此要加强竞争,改进定价机制,促进知识产权有效运用。

  14. MEASUREMENT AND EVALUATION OF INTELLECTUAL CAPITAL

    OpenAIRE

    Stanescu Aurelia

    2007-01-01

    The purpose of the paper is to provide the succinct description of the current status of theory and practice in the valuation of intellectual (intangible) capital, including the professional valuation of intellectual property and intangible assets.

  15. Access, ethics and piracy

    OpenAIRE

    Lawson, Stuart

    2017-01-01

    Ownership of intellectual property rights for a large proportion of the scholarly record is held by publishers, so a majority of journal articles are behind paywalls and unavailable to most people. As a result some readers are encouraged to use pirate websites such as Sci-Hub to access them, a practice that is alternately regarded as criminal and unethical or as a justified act of civil disobedience. This article considers both the efficacy and ethics of piracy, placing ‘guerrilla open access...

  16. Developing and protecting intellectual property in virtual projects : Trade secret protection in Telecommunications

    OpenAIRE

    Gonzalez Ruiz, Diego Hernan

    2012-01-01

    This thesis is intended to develop a comprehensive understanding of how trade secrets can be used as a means to protect knowledge developed through projects conducted in the telecommunications sector. At the same time, the study explores which mechanisms should be employed to regulate access and utilization of trade secrets when their disclosure is inevitable to accomplish project requirements. Telecommunication firms are large and globally distributed organizations whose business operations ...

  17. 知识产权的特有属性及其价值研究%Research on the Essential Attributes and Values of Intellectual Property

    Institute of Scientific and Technical Information of China (English)

    肖延高; 韦永智

    2011-01-01

    结合法学和管理经济学的相关理论,知识产权是由创造性智力活动形成的、受到法律保护的智力资产。与有形的物力资本不同,知识产权的客体——知识产品具有无形性本质属性,知识产品的无形性,派生出知识产权具有特殊意义的专有性、时间性和地域性。这些特有的本质属性和固有属性,决定了知识产权的柔性资源特征。在动态的不确定性竞争环境下,知识产权的柔性资源特征使得企业能够更好地凭借知识产权适应变化的技术和市场环境,并对变化做出积极地反应,从而获得竞争优势。%Integrating the relative theories of intellectual property law and managerial economics, intellectual property (IP) is intellectual asset which is formed by the creative intellectual activities and protected by law. Different fi-om the tangible material capital, the essential attribute of IP object-knowledge product is intangible. The intangibility of intellectual product is derived by monopoly, timeliness and regionalism. These essential and inherent attributes determine the flexible characteristics of IP. In the uncertainly dynamic competitive environment, the flexibility ensures that the firms could adapt to the changing technology and market environment and obtain competitive advantage with IP resource.

  18. Intellectual Freedom

    Science.gov (United States)

    Knox, Emily

    2011-01-01

    Support for intellectual freedom, a concept codified in the American Library Association's Library Bill of Rights and Code of Ethics, is one of the core tenets of modern librarianship. According to the most recent interpretation of the Library Bill of Rights, academic librarians are encouraged to incorporate the principles of intellectual freedom…

  19. Propriedade Intelectual: proteção e gestão estratégica do conhecimento Intellectual Property: protection and management of knowledge

    Directory of Open Access Journals (Sweden)

    Elza Fernandes Araújo

    2010-07-01

    Full Text Available Além de garantir o direito de propriedade e exclusividade ao titular da criação intelectual, a proteção da propriedade intelectual permite o avanço da inovação e a divulgação dos conhecimentos, equilibrando os interesses do titular e acarretando benefícios para a sociedade. Neste sentido, a Propriedade Intelectual é estratégica no cenário globalizado e competitivo, no qual o conhecimento e a capacidade de inovar têm papel importante para o desenvolvimento de um país. Assim, visando à gestão da propriedade intelectual, com foco na inovação, faz-se necessário incentivar a cooperação entre a ICT e a empresa, para a realização de pesquisas e desenvolvimento tecnológico conjuntos, bem como dinamizar os processos de licenciamento e transferência de tecnologia. Nesse sentido, as ICTs com o auxílio dos NITs devem adotar políticas de gestão da Propriedade Intelectual, elaborando instrumentos jurídicos adequando o ambiente acadêmico ao contexto regulatório. Cabe às ICTs, por meio do NITs, estimularem a cultura da proteção da propriedade intelectual gerada na Instituição, podendo as mesmas atuarem em rede, aprimorando e avançando na gestão da propriedade intelectual. A Propriedade Intelectual é um fator estratégico para a inovação científica e tecnológica e, no Brasil, tem-se buscado a convergência dos setores público e empresarial, com o propósito de contribuir para o desenvolvimento científico, tecnológico e social do país, por meio de um processo contínuo com ações conjuntas e coordenadas.Besides ensuring property and exclusive rights to holders of intellectual creation, intellectual property protection allows innovation and spread of knowledge, balancing the interests of the holder and the benefits to society. In this sense, Intellectual Property is strategic in the globalized and competitive world scenario, in which knowledge and innovation capacity play an important role in the development of a

  20. Intellectual Property as Security for Loans——Difficult Situation for Small and Medium Enterprise Financing%知识产权质押贷款——中小型企业融资困境之道

    Institute of Scientific and Technical Information of China (English)

    刘芹

    2012-01-01

    This paper introduces the concept of intellectual property as Becurity for loans. Chinas current policy on intellec-tual property as security for loans, the paper has a good study on the patent, trademark, copyright and other intellectual property of the implementation status. It also summarizes the final pledge of intellectual property loans to the implementation process of the main problems.%介绍知识产权质押贷款的概念,对我国目前出台的有关知识产权质押贷款的政策进行统计,同时对专利权、商标权、著作权等知识产权的实施现状进行研究,对知识产权质押贷款实施过程中存在的主要问题进行归纳总结.

  1. 28 September 2011 - Canadian Intellectual Property Office Policy, International and Research Office Director K. Georgaras visiting the LHC superconducting magnet test hall with Engineer M. Bajko and Senior Scientists P. Jenni and R. Voss.

    CERN Multimedia

    2011-01-01

    28 September 2011 - Canadian Intellectual Property Office Policy, International and Research Office Director K. Georgaras visiting the LHC superconducting magnet test hall with Engineer M. Bajko and Senior Scientists P. Jenni and R. Voss.

  2. 图书馆联盟知识产权冲突与对策研究%Intellectual Property Conlficts and Countermeasures of the Library Consortia

    Institute of Scientific and Technical Information of China (English)

    侯爱花

    2015-01-01

    Library consortia has become an important way to integrate knowledge resources, promote integrated innovation and get competitive advantage. But the conlficts between intellectual property sharing and proprietary knowledge are serious conlficts and impediment to the organic functioning and sustainable development of the library consortia. These conlficts include how to determine the value of intellectual property in the formation stage, how to determine the level of commitment of intellectual property in the cooperation of the stage, and how to determine the ownership of intellectual property and the distribution of beneifts at the end of the stage. Identifying and avoiding these conlficts will be helpful for developing strategies.%图书馆联盟已成为提升图书馆创新水平,促进知识资源整合、增强图书馆核心竞争力的重要途径。但在联盟过程中知识产权共享以及知识专有性之间的冲突,对有机地运作和持续发展图书馆联盟造成了阻碍,主要体现在:图书馆联盟组建时期,如何辨识知识产权价值等相冲突;联盟运行时期,在知识产权标准以及资源投入程度等方面的冲突;联盟结束时期,在利益分配和知识产权归属等方面的冲突。探析冲突以及强化相关策略研究,能够为图书馆联盟的高效运作提供参考。

  3. Intellectual Property Rights Risk in CDRS Knowledge Transfer Process%论CDRS知识转移中的知识产权侵权风险

    Institute of Scientific and Technical Information of China (English)

    袁红军

    2011-01-01

    知识转移是合作数字参考咨询服务(CDRS)过程中不可缺少的一个重要环节。以此,结合CDRS知识转移过程中知识产权风险,针对合作关系与CDRS工作流程引发的知识产权风险对CDRS知识转移的影响进行分析,提出从加强知识产权管理、谨慎选择合作成员馆、引入第三方的监督体系、强化咨询团队交流能力、建立有效的信任机制以及加强成员馆间知识转移引发的知识产权风险评估体系的建设六方面规避CDRS知识转移中知识产权风险的策略。%Knowledge transfer process is an important part of CDRS. This paper analyzes the impact of intellectual property risks that cooperative relate with the CDRS knowledge transfer, then points out six strategies to avoid the risk of intellectual property in CDRS knowledge transfer, such as strengthening intellectual property management, carefully selecting cooperation library, importing the third-part monitoring system, reinforcing the consulting team communication skills, establishing the effective confidence-building mechanism, strengthening the intellectual property risks assessment system in CDRS knowledge transfer process.

  4. Assessment of Intellectual Property Risk of Digital Libraries%数字图书馆知识产权风险评估

    Institute of Scientific and Technical Information of China (English)

    张文德; 袁圆

    2012-01-01

    文章以信息安全风险模型为基础,从影响数字图书馆知识产权风险的安全资产、威胁、薄弱点、安全措施入手,构建数字图书馆的知识产权风险评估体系。在评估准则的指导下,运用基于集值统计的模糊综合评价法对风险进行评估,并结合具体实例对数字图书馆的知识产权风险进行评估,以期对数字图书馆的知识产权风险有比较详细完整的认识,并为风险管理提供理论指导。%Based on the information security risk model,and starting with the safety assets,threats,weak points and safety measures which affect the intellectual property risk of the digital library,this paper constructs an intellectual property risk assessment system for digital libraries.Under the guidance of the assessment criteria,the paper uses the fuzzy comprehensive evaluation method based on the set-value statistics to assess the risk,and assesses the intellectual property risk of the digital library in combination with specific examples.The paper aims to have a relatively complete and comprehensive understanding of the intellectual property risk of the digital library,and provide theoretical guidance for risk management.

  5. Monitoring and analysis of technology transfer and intellectual property regimes and their use results of a study carried out on behalf of the European Commission (DG Research)

    CERN Document Server

    Van Eecke, Patrick; Bolger, P; Truyens, M

    2008-01-01

    This report presents the results of a three-year study commissioned by the European Commission (DG Research) regarding the monitoring, analysis and use of technology transfer and intellectual property regimes in the European Union. This study was organised in the context of the 6th Framework Programme for R&D, and was jointly carried out by law firms Mason Hayes+Curran (Dublin) and DLA Piper (Brussels).

  6. Implementing Intellectual Property of Pharmaceuticals in Middle-Income Countries: A Case Study of Patent Regulation in Brazil.

    Science.gov (United States)

    da Fonseca, Elize Massard; Bastos, Francisco Inácio

    2016-06-01

    The protection of pharmaceutical intellectual property (IP) rights is one of the most controversial debates in contemporary public health as countries have to balance incentives for drug development with the necessity of providing life-saving drugs. Compliance with IP protections is mandatory for members of the World Trade Organization (WTO). However, because of the costs associated with IP implementation we should expect late and/or poor implementation in middle-income countries. Surprisingly, this was not the case in Brazil. The country not only just fully implemented the WTO's requirement but declined the grace period granted for countries to adapt and included extra IP protections, going against a coalition of local industrialists and activists. Notwithstanding, as the consequences of IP regulations unfolds, Brazil also promoted new alliances that tailored and adjusted the regulations toward public health. We demonstrate that arguments of foreign pressure and lobbying are exaggerated and call attention to domestic shifts, long-term processes of regulatory decision, and political dynamics happening at the local level. By analyzing the case of Brazil, we provide a nuanced contribution to the discussion of IP implementation in middle-income countries and call attention to new models of government-society interactions in regulatory policy.

  7. 科普产业中的知识产权探析%Intellectual Property in Science Popularization Industry

    Institute of Scientific and Technical Information of China (English)

    郑鲁英

    2013-01-01

    In view of the economic benefits of intellectual property ( IP) , as well as to encourage innovation , IP in the sci-ence popularization industries is widely used.However , there is the relationship of the unity of opposites between IP and science popularization industries , which makes IP promote or hinder the development of the science popularization industry .So it is necessary to respect and protect IP.In addition, we also need to implement certain concessions and restrictions on IP.%鉴于知识产权所带来的经济效益以及对创新的鼓励,知识产权在科普产业发展的过程中运用得越来越多。然而,知识产权与科普产业之间存在着对立统一的关系,从而使得知识产权对科普产业的发展存在促进或阻碍作用。因此,为有效促进科普产业发展,一方面既要尊重和保护知识产权,另一方面也要对知识产权实施一定的让步和限制。

  8. 我国市场化知识产权信息服务体系的构建与完善%On the Establishment and Improvement of the Market-oriented Intellectual Property Information Service System in China

    Institute of Scientific and Technical Information of China (English)

    李喜蕊

    2014-01-01

    Market-oriented intellectual property information service system is the system formed by the elements of intellectual property information service according to certain principles and can be classified into public intellectual property information service system and market-oriented intellectual property information service system which in-volves agencies and enterprises. Market-oriented intellectual property information service system encourages enter-prises to take part in development and use of added-value intellectual property information service to satisfy require-ments of intellectual property information of different levels, and thus it is the development direction of intellectual property information service system in China. We should balance the public intellectual property information service system and market-oriented intellectual property information service system and strengthen the training of talents and development of market so as to improve the service of intellectual property information service system in China.%知识产权信息服务体系是由知识产权信息服务的各种要素依据一定原则而组成的一个统一的整体或系统,分为公益性知识产权信息服务体系和市场化知识产权信息服务体系,而市场化知识产权信息服务体系包括中介层面和企业内部层面。市场化知识产权信息服务鼓励企业参与增值性知识产权信息开发利用,以满足不同层次的知识产权信息需求为主要目标,是我国知识产权信息服务的发展方向。我们应该加大对其的保障和扶持力度,协调公共服务与市场服务良性发展,加快市场培育和人才培养,从而提高我国知识产权信息市场化服务体系的服务水平。

  9. INTELLECTUAL PROPERTY RISK CONTROL IN R & D PROCESS%研发过程中知识产权风险的控制

    Institute of Scientific and Technical Information of China (English)

    魏众; 穆静静; 朱红玉

    2012-01-01

    Corporate intellectual property includes trademarks, patents and copyrights, etc. , all of which are important intangible assets of enterprises. At present, most enterprises havent paid enough attention to corpo- rate intellectual property protection, especially patent protection and failed to apply for patents in time and comprehensively in the R & D process, which exposes the enterprises to significant risks in the whole process from project R & D to market occupation. This article offers thoughts on measures of preventing relevant risk during the R & D process from the perspective of intellectual property protection.%企业知识产权包括商标、专利和著作权等,它是企业重要的无形资产。目前,国内大多数企业还不够重视企业的知识产权保护,尤其是专利保护。在研发过程中的专利申请及保护不及时、不到位,导致企业从项目研发到市场占有的整个过程蒙受巨大风险。从知识产权保护角度,探讨了企业研发过程中有关风险的防范措施。

  10. Trade Friction of Sino-US Intellectual Property and Coping Strategies%中美贸易中知识产权摩擦及应对策略

    Institute of Scientific and Technical Information of China (English)

    贾显维

    2012-01-01

    In recent years, trade friction of Sino-US intellectual property is becoming the focus of Sino-US trade friction, which has become the biggest obstacle for China's enterprises exporting to the U.S. In this paper, the causes and characteristics of trade friction of Sino-US intellectual property were analyzed, and the coping strategies of trade friction of Sino-US intellectual property were put forward from two levels of government and business, combing with China's actual conditions.%近些来,中美知识产权贸易摩擦日渐成为中美贸易摩擦的焦点,已成为中国企业对美出口的最大障碍.本文对中美知识产权贸易摩擦的特点、原因进行了分析,结合我国的实际情况,从政府及企业两个层面提出了应对中美知识产权贸易摩擦的策略.

  11. Own intellectual property rights protection of woodworking machinery enterprises in China%谈谈我国木工机械企业自主知识产权的保护

    Institute of Scientific and Technical Information of China (English)

    李志仁; 张兆好

    2013-01-01

    本文就我国木工机械行业部分企业对知识产权认识不足的现状进行了分析,并提出一些保护知识产权的建议。%this paper analyzes the current situation that some enterprises of woodworking machinery industry lack of knowledge of intellectual property and makes some recommendations to protect intellectual property.

  12. Psychometric properties of a sleep questionnaire for use in individuals with intellectual disabilities

    NARCIS (Netherlands)

    Maas, A.P.H.M.; Didden, H.C.M.; Korzilius, H.P.L.M.; Braam, W.J.; Collin, P.; Smits, M.G.; Curfs, L.M.G

    2011-01-01

    We examined the psychometric properties of one part of the Sleep Questionnaire developed by Simonds and Parraga, 1982 J.F. Simonds and H. Parraga, Prevalence of sleep disorders and sleep behaviors in children and adolescents. Journal of the American Academy of Child Psychiatry, 21 (1982), pp. 383–

  13. Psychometric properties of a sleep questionnaire for use in individuals with intellectual disabilities

    NARCIS (Netherlands)

    Maas, A.P.H.M.; Didden, H.C.M.; Korzilius, H.P.L.M.; Braam, W.J.; Collin, P.; Smits, M.G.; Curfs, L.M.G.

    2011-01-01

    We examined the psychometric properties of one part of the Sleep Questionnaire developed by Simonds and Parraga, 1982 J.F. Simonds and H. Parraga, Prevalence of sleep disorders and sleep behaviors in children and adolescents. Journal of the American Academy of Child Psychiatry, 21 (1982), pp. 383–38

  14. 77 FR 42765 - Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments...

    Science.gov (United States)

    2012-07-20

    ... property rights and ensuring the safety of products entering the stream commerce, e.g., U.S. Food and Drug Administration and the Consumer Product Safety Commission, engage in a risk-based assessment of the level of risk... efforts to identify suspect counterfeit or pirated goods? 8. In a global economy that increasingly...

  15. Big Data and Intellectual Property Rights in the Health and Life Sciences

    DEFF Research Database (Denmark)

    Minssen, Timo; Pierce, Justin

    2018-01-01

    the trend towards precision medicine and help industry and practitioners address pressing problems related to discrepancies in healthcare quality and escalating pressures to reduce and control healthcare expenditure. The vast prospects of Big Data and the gradual shift to more “personalized”, “open......” and “transparent” innovation models highlight the importance of an effective and well-calibrated regulation, governance, and use of biological and personal data. At the same time, the translation of Big Data science into safe and efficient “real world” applications raise complex legal challenges relating to public......Undeniably “Big Data” plays a crucial role in the ongoing evolution of health care and life science sector innovations. In recent years U.S. and European authorities have developed public platforms and infrastructures providing access to vast stores of health-care knowledge, including data from...

  16. [Specificities of patent protection in the pharmaceutical industry: modalities and traits of intellectual property].

    Science.gov (United States)

    Jannuzzi, Anna Haydée Lanzillotti; Vasconcellos, Alexandre Guimarães; de Souza, Cristina Gomes

    2008-06-01

    Different forms of protection for inventions in the pharmaceutical industry point to strategies for the perpetuation of patent protection. Based on a literature review showing the specificities of patenting in the industry, the article provides a brief history of drug patents in Brazil, a discussion of patentable and non-patentable inventions, and the modalities and traits of patent protection that aim to extend the temporary monopoly granted under the patent. Such strategies include patents targeting polimorphs and optical isomers of drugs and drug combinations and specific clinical preparations, increasingly present in the drug patent claims filed by pharmaceutical companies. The study's objective is to discuss the specificities of drug patent claims in order to help develop expertise in the area and discuss the impact of expanding the scope of patent protection. In conclusion, while the tendency to expand towards more a permissive protective scope could produce opportunities for Brazilian national inventors, it could also be harmful to a policy for access to medicines.

  17. Skill Acquisition of the Prior Art Search for Intellectual Property Special Talented People

    Science.gov (United States)

    Hiratsuka, Masahiro

    The comparative analysis of the prior art search was made using the training program which National Center for Industrial Property Information and Training performs. The correct answer rate was high when longer years of experience, experiences such as search/retrieval in charge or database. Depending on a technical field, there was the feature according to consideration of search/retrieval or timing of doing prior art search. The improvement in skill of the prior art search according to a technical field and the personnel training for it are important as a premise for protecting valuable invention and performing the practical use. The comparative analysis beyond technical fields is needed.

  18. 75 FR 54946 - Airport Improvement Program (AIP): Policy Regarding Access to Airports From Residential Property

    Science.gov (United States)

    2010-09-09

    ... Federal Register on October 13, 2009 (74 FR 52524). Comments were due on March 31, 2010. Comments on the... Federal Aviation Administration Airport Improvement Program (AIP): Policy Regarding Access to Airports... Federally obligated airport from an adjacent or nearby property, when that property is used as a...

  19. Sodium channel SCN8A (Nav1.6: properties and de novo mutations in epileptic encephalopathy and intellectual disability

    Directory of Open Access Journals (Sweden)

    Janelle Elizabeth O'Brien

    2013-10-01

    Full Text Available The sodium channel Nav1.6, encoded by the gene SCN8A, is one of the major voltage-gated channels in human brain. The sequences of sodium channels have been highly conserved during evolution, and minor changes in biophysical properties can have a major impact in vivo. Insight into the role of Nav1.6 has come from analysis of spontaneous and induced mutations of mouse Scn8a during the past 18 years. Only within the past year has the role of SCN8A in human disease become apparent from whole exome and genome sequences of patients with sporadic disease. Unique features of Nav1.6 include its contribution to persistent current, resurgent current, repetitive neuronal firing, and subcellular localization at the axon initial segment and nodes of Ranvier. Loss of Nav1.6 activity results in reduced neuronal excitability, while gain-of-function mutations can increase neuronal excitability. Mouse Scn8a (med mutants exhibit movement disorders including ataxia, tremor and dystonia. Thus far, more than ten human de novo mutations have been identified in patients with two types of disorders, epileptic encephalopathy and intellectual disability. We review these human mutations as well as the unique features of Nav1.6 that contribute to its role in determining neuronal excitability in vivo. A supplemental figure illustrating the positions of amino acid residues within the 4 domains and 24 transmembrane segments of Nav1.6 is provided to facilitate the location of novel mutations within the channel protein.

  20. Reconstruction of the criminal justice of intellectual property right%我国知识产权犯罪体系的反思与重构

    Institute of Scientific and Technical Information of China (English)

    寇占奎; 路红兵

    2014-01-01

    知识产权的私权属性是确立知识产权刑法保护的基础及出发点。刑法典将知识产权犯罪归类为破坏社会主义市场经济秩序罪,表现出在知识产权刑法保护方面的国家本位、社会本位价值理念,这与知识产权属于私权不相协调。因此,应以私权本位为价值追求,重构知识产权犯罪体系,将知识产权犯罪从破坏社会主义市场经济秩序罪中分离出来,作为单独一类犯罪进行规定。这不仅彰显了知识产权的私权属性,同时使我国的犯罪分类体系更具合理性。%The privacy property of the intellectual property right is the basis for the protection of the criminal justice.Intellectual property violation of the Chinese criminal law is defined as the disruption of the order of socialist market economy.This contradicts with its basic property of privacy,though it stres-ses on the national and social protection.Therefore,a new system is needed to reconstruct the criminal jus-tice of the intellectual property law.

  1. Clinical Needs and Outcomes of Adults with Intellectual Disabilities Accessing an Inpatient Assessment and Treatment Service and the Implication for Development of Community Services

    Science.gov (United States)

    Sandhu, Daljit; Tomlins, Rose

    2017-01-01

    The role and future of assessment and treatment units for people with intellectual disabilities is once again the focus of debate and government policy. Reviewing the admissions to inpatient services can provide useful information about the characteristics, needs and clinical outcomes of clients. Data were collected retrospectively for all 36…

  2. Research on strategy of intellectual property protection of traditional Chinese medicine from the perspective of enterprise%基于企业视角的中药知识产权保护战略研究

    Institute of Scientific and Technical Information of China (English)

    刘静; 李祺

    2014-01-01

    Traditional Chinese medicine is the few field of owing independent intellectual property in China, the implement of intellectual property strategy is important for the long-term development of traditional Chinese medicine enterprises. At present, traditional Chinese medicine enterprises still remain many problems in intellectual property protection, such as weak awareness of intellectual property protection, lack of intellectual property protection professional personnel, inadequate investment in R & D and low innovation level. These problems caused huge losses in practice to traditional Chinese medicine enterprises. After analyzing the status of intellectual property protection of traditional Chinese medicine enterprises, we put up with some concrete measures of intellectual property protection of traditional Chinese medicine considering the reality of these enterprises.%中医药是我国少数几个具有自主知识产权的领域,知识产权战略的实施是中药企业迫切的、关系到企业长远发展的重大问题。但我国中药企业仍存在知识产权保护意识淡薄、相关人才欠缺、研发投入不足和技术创新水平较低等问题,并为此付出了沉重代价。本文通过对中药企业知识产权保护的现状进行分析,结合我国中药企业的现实情况,提出中药企业知识产权保护战略的具体实施对策。

  3. The Protection of Intellectual Property Rights and Cultural Creative Goods Trade%知识产权保护与文化创意产品进口

    Institute of Scientific and Technical Information of China (English)

    李亚波

    2015-01-01

    Cultural and creative industry is known as the "sunrise industry" of the 21st century. In the past ten years, it has experienced very rapid development. In the meanwhile, intellectual property rights and creative goods have a natural and inseparable connection. This article studied Chinese cultural and creative product trade from the perspective of the protection of intellectual property rights. It has a certain practical significance for the development of our country cultural and creative industry. First of all , this paper reviews some related literature of the relationship between intellectual property protection and international trade , and reports the status of Chinese cultural and creative goods trade and intellectual property protection level. Based on gravity model, we use the import data of cultural and creative goods from 20 developed countries and 18 developing countries to study the influence of intellectual property protection. The studies have shown that as developing countries improve the protection of intellectual property rights, the imports volume will increase. In addition, we use the lag of GDP and IPR as a IV tool to control the endogenous variable problem, and we find a robust result.%文化创意产业被誉为21世纪的“朝阳行业”,在过去的十年间,经历了极为快速的发展,而知识产权保护与文化创意产品又有着天然而不可分割的关系。文章从知识产权保护的角度研究中国文化创意产品贸易,对于我国文化创意产业发展具有一定的现实意义。文章首先梳理了知识产权保护与国际贸易关系的相关文献,并报告了中国文化创意产品贸易与知识产权保护水平的现状,在引力模型的基础上,运用了18个发展中国家从20个发达国家进口文化创意产品的贸易数据,研究了知识产权保护力度对文化创意产品进口额的影响。研究表明,随着发展中国家提高知识产权保护力度,文

  4. On the Study of Status Quo of Intellectual Property and Relevant Strategy Development in Guangxi%广西知识产权现状及战略发展研究

    Institute of Scientific and Technical Information of China (English)

    梁雪强; 黄文九; 罗良为

    2012-01-01

    知识产权对于国家经济的发展具有重大意义。广西知识产权存在以下问题:1.企业知识产权意识薄弱,缺乏拥有自主知识产权的技术和产品;2.知识产权投入不足,专利、商标保护不力;3.创新人才缺乏,高质量科研成果、专利不多;4.产学研结合机制不紧密,深度和层次有待提高;5.知识产权服务体系不健全,综合服务能力滞后。要采取如下措施促进广西知识产权的发展:1.加大财政的投入,激励知识产权的创造;2.加强知识产权法治建设,提高依法保护知识产权能力;3.加强人才队伍建设;4.大力推进产学研合作体系建设,支持产学研联合开展消化吸收再创新;5.加强知识产权服务机构能力的建设,促进知识产权的转换;6.大力实施具有知识产权的品牌战略;7.组织特定领域知识产权开发行动,形成壮大局部优势。%The intellectual property plays a very important part in the economic development of our country. There exist a lot of problems in the intellectual property of Guangxi. For instance, some enter- prises have a very weak awareness of the intellectual property, so that they lack the technology and products of ones' own intellectual property; some do not have enough investment in intellectual property, neither have strong protection of their patents and trademarks; some lack innovative personnel, resulting in insuffi- cient high-quality scientific achievements and patents; some do not have a close connection between produc- tion, learning and research system, so that the depth and layer need improving; some do not have a sound service system in intellectual property, so that the ability in synthetic service lags behind the others. The following measures shall be taken in order to promote the development of the intellectual property of Guan- gxi: to increase the fiscal investment to encourage the invention of the

  5. Intellectual emotions

    Directory of Open Access Journals (Sweden)

    Vasilyev, Igor A.

    2013-12-01

    Full Text Available In the laboratory of O.K. Tikhomirov, the phenomenon of the acute emotional regulation of productive thinking was justified. This regulation is realized by means of the elaboration of the axiological profile of cognition. The following definition of intellectual emotions can be given: intellectual emotions are the appraisals of specific cognitive objects — contradictions, assumptions, probabilities, and the intermediate and final results of operations. The main aspect of the method used in the research consisted of the synchronous registration of an external (tactile elaboration of problems, skin galvanic response and verbal utterances regarding tasks to be completed in a game of chess. The principle position in Tikhomirov`s group is the following: intellectual emotions represent not only the energetic resource or catalysts for the thinking process, but also the determinants of its structure.

  6. On the Abuse and Regulation of Intellectual Property in Franchising%论特许经营中知识产权的滥用与规制

    Institute of Scientific and Technical Information of China (English)

    彭真军

    2012-01-01

    Franchising is the main business management pattern of international economic trade in the 21st century.The core of franchising is the usuage license of intellectual property including trademark,patent and trade secret,as well as concession such as product franchise and business pattern,by which the franchisor will supervise and control the franchisee persistently.The intellectual property is a monopoly right protected by law,but is often abused to restrict competition.Franchising is regulated by antitrust law in some major western countries,and the regulation is becoming stricter and stricter.Learning from western countries' legislation,China is suggested to establish and perfect the legal system centered on antitrust law so as prevent the abuse of intellectual property in franchising.%特许经营是21世纪国际经济贸易的主要商业经营模式。特许经营的核心是包括商标、专利、商业秘密等知识产权以及产品经销权、经营模式所构成的特许权的使用许可,特许人以此对被特许人进行持续的监督、控制。而知识产权本身是一种合法的垄断权,常常被滥用而引起限制竞争的效果。西方主要国家均对特许经营进行反垄断法规制,而且立法日趋严格,对我国具有借鉴意义,我国应建立完善以反垄断法为核心的法律体系,用以规制特许经营中的知识产权滥用行为。

  7. Technical trade measures in the intellectual property barriers%知识产权壁垒中的技术性贸易措施

    Institute of Scientific and Technical Information of China (English)

    齐玲星

    2015-01-01

    在当代国际贸易中,相较于关税壁垒以及反倾销、反补贴、保障措施和特保措施这四大传统非关税壁垒,知识产权措施与技术性贸易措施以其强大的优越性,逐渐成为各国保护国内市场的新利器,而日渐兴起的知识产权与技术性贸易措施的结合型壁垒,则更是我国出口企业受阻的重要原因。为应对这一类知识产权壁垒,我国必须加快技术开发和保护,同时充分利用国际规则,尽力跻身于国际技术标准的创设者行列,掌握国际贸易主动权。%The priority of the intellectual property measures and the technical trade measures,compared to the tariff barriers and the traditional non-tariff barriers such as anti-dumpings and anti-subsidies,has gradually made them become the new powerful tools for the countries to protect their domestic market in the contemporary international trade nowadays,while the emerging conjunctive barriers of the intellectual property measures and the technical trade measures are the main factors that push the export enterprises of China into disadvantages.To deal with this kind of the intellectual property barrier,China must speed up the technology development and protection,and make full use of international rules to rank among the creators of international technical standards and finally seize the ini-tiative of international trade.

  8. Informisanost studenata Vojne akademije o oblasti zaštite intelektualne svojine / Knowledge of the Military Academy students in the field of intellectual property protection

    Directory of Open Access Journals (Sweden)

    Obrad T. Čabarkapa

    2010-04-01

    Full Text Available U pogledu informisanosti o oblasti zaštite intelektualne svojine, od budućeg mladog starešine se očekuje: da poznaje osnovne pojmove o sadržajima intelektualne i industrijske svojine, da je upoznat sa načelnom procedurom zaštite poverljivih inovacija i da je osposobljen da svojim saradnicima pruži određena znanja i smernice iz ove oblasti, posebno u pogledu stvaranja prijavljivanja i zaštite inovacionog stvaralaštva iz svog sastava. U skladu sa očekivanjima realizovano je istraživanje sa studentima završne godine Vojne akademije sa ciljem da se dođe do podataka o interesovanju i pripremljenosti mladog starešinskog kadra u pogledu poznavanja i informisanosti o oblasti intelektualne svojine, a posebno u oblasti stvaranja i zaštite poverljivih inovacija. U radu je dat prikaz obrađenih podataka dobijenih istraživanjem, na osnovu kojih su izvedeni određeni zaključci. / What is expected from a future young officer concerning the knowledge about the intellectual property protection is the knowledge about the basic concepts of intellectual and industrial property, about the general procedure of classified innovation protection as well as capability to transfer knowledge and guidelines from this field to his associates working in the same organizational structure, especially regarding patent creation application and protection. A research study involving the students of the final year at the Military Academy has been carried out, with the aim of obtaining information about the interest and preparedness of young officers with regard to the knowledge in the field of intellectual property, and especially to the creation and protection of classified patents. This paper gives the overview of the processed data obtained from the research and the subsequent conclusions.

  9. Psychometric Properties of Two Measures of Crisis and Distress in Parents of Children with Intellectual and Developmental Disabilities

    Science.gov (United States)

    Benninger, Tara L.; Witwer, Andrea N.

    2017-01-01

    Introduction: Parents and their children with Intellectual and Developmental Disabilities (IDD) are under significant amounts of stress (Lecavalier, Leone & Wiltz, 2006). When stress escalates to crisis, some children with IDD are admitted to the emergency department or an inpatient unit. While existing measures evaluate stress over time, we…

  10. Psychometric Properties of Two Measures of Crisis and Distress in Parents of Children with Intellectual and Developmental Disabilities

    Science.gov (United States)

    Benninger, Tara L.; Witwer, Andrea N.

    2017-01-01

    Introduction: Parents and their children with Intellectual and Developmental Disabilities (IDD) are under significant amounts of stress (Lecavalier, Leone & Wiltz, 2006). When stress escalates to crisis, some children with IDD are admitted to the emergency department or an inpatient unit. While existing measures evaluate stress over time, we…

  11. Impact of Disclosure of Intellectual Property Information on the Listed Company%知识产权信息披露对上市公司的影响

    Institute of Scientific and Technical Information of China (English)

    2015-01-01

    随着社会经济的发展,上市公司已成为企业规范化经营,增强市场竞争力的重要标志。截止目前我国共有各类上市公司3000多家,在推动我国经济增长中发挥着重要作用。但上市公司的发展还处于起步发展阶段,各类问题层出不穷,特别是由于知识产权信息披露不当对上市公司经济及名誉造成重大影响的案例也并不少见,由此可见知识产权信息正确的披露对于上市公司来说非常的重要。文章简单地说明了知识产权信息的定义及内容分类,并结合具体案例分析了目前存在的问题,最后阐述了知识产权信息的披露对于上市公司的重要意义。%With social and economic development,listed companies have become an important sign of standard operation and growth of market competitiveness of the enterprise. Up till now ,there are over 3000 listed companies in our country,which play an important role in promoting the economic growth in our country. However,the development of the listed companies is still in the initial stage of development ,and various problems emerge in an endless stream. There are many cases of improper disclosure of intellectual property right information having a significant impact on the economy and reputation of the listed companies. From this we can see that the correct disclosure of intellectual property right information is very important to the listed companies. This article briefly describes the definition and content classification of intellectual property right information and analyzes problems that exist at present by means of cases. Finally ,it elaborates on the significance of disclosure of intellectual property right information to the listed companies.

  12. The Role of Intellectual Property Rights in Seed Technology Transfer through Trade – Evidence from U.S. Field Crop Seed Exports

    OpenAIRE

    Zhou, Minyu; Sheldon, Ian M.

    2013-01-01

    To investigate whether intellectual property rights (IPRs) promote or hinder seed technology diffusion through trade, we use panel data for 134 countries over the period 1985-2010 to evaluate the impact of a country’s IPRs on its seed imports from the U.S. by estimating a gravity equation using both linear and nonlinear (Poisson) fixed effects methods. In both the static and dynamic models, the variable for WTO member countries that have implemented the TRIPs (Trade-Related Aspects of Intelle...

  13. 中美知识产权"刑事门槛"争端的法律问题%Sino-US disputes over "criminal threshold" of intellectual property rights

    Institute of Scientific and Technical Information of China (English)

    贺小勇

    2009-01-01

    2007年4月美国就中国知识产权刑事保护机制问题提请WTO争端解决机构(DSB)以寻求解决,这是DSB受理的第一起就知识产权刑事保护机制问题所引发的争端.本案的争议核心是如何解释作为"刑事门槛"的第61条所规定的"商业规模".通过DSB解释实践,可以看出,"商业规模"的解释主权应属各成员所有,但解释边界受第61条相关条件的限制,中国知识产权刑事保护立法机制符合,没有必要继续下降"刑事门槛".美国对中国知识产权保护的施压应由单纯要求降低刑事门槛转变为在降低正版产品的价格情况下加大对盗版的刑事打击力度.%In April 2007, the United States filed an application with the DSB of WTO with respect to the issue of criminal law protection mechanism of intellectual property rights in China, which was the first dispute accepted by the DSB arising out of the issue of criminal law protection mechanism of intellectual property rights. The core of the dispute of the case is how to interpret the "commercial scale" under Article 61 of the TRIPS Agreement as the "criminal threshold". It can be seen from the practice of the interpretation of the DSB that while each WTO member is entitled to interpret the term "commercial scale", the boundary of interpretation is subject to Article 61 of the TRIPS Agreement. It is unnecessary for China to lower her "criminal threshold", since China's criminal law protection in intellectual property policy is in compliance with the TRIPS Agreement. In fact, the United States should change from lowering the criminal threshold to how to strengthen the criminal crackdown on piracy under the circumstance of lowering the price of genuine works when imposing pressure on China in the protection of intellectual property rights.

  14. Collective Intellectual Property in Michoacán: Negotiating Economic and Cultural Agendas in the Artisanal Field

    Directory of Open Access Journals (Sweden)

    Lucero Ibarra Rojas

    2016-09-01

    Full Text Available The state of Michoacán, México, has almost 50 collective trademarks registered for artisanal products, which were created by initiative of different state institutions. This article aims to understand the different influences that are mediated by law when collective forms of intellectual property are incorporated and negotiated by different institutions with different aims within the realm of the state. By looking closely at the experience in Michoacán, I argue that two economic/cultural agendas can be identified. On the one hand, there is the federal agenda that aims for a national and international projection of a Mexican product, focused on the successfully industrialized national products closely linked with México's imagery for a foreign audience. On the other hand, there are the expectations of Michoacán's local government, which are strongly related with a pluralist discourse and with the different policy approaches it inspires. Between the two, the country’s cultural agenda becomes shaped by economic concerns that are, in turn, defined by the worldviews of state institution's agents. El estado de Michoacán, México, tiene casi 50 marcas colectivas de productos artesanales, que fueron registradas por iniciativa de diferentes instituciones estatales. Este artículo busca comprender las variadas influencias que son mediadas por el derecho cuando se incorporan formas colectivas de propiedad intelectual, mediante la negociación de diferentes instituciones con diferentes objetivos dentro del ámbito estatal. A través de la experiencia de Michoacán, sostengo que se pueden identificar dos agendas económicas/culturales. Por un lado, se encuentra la agenda federal que busca una proyección nacional e internacional de un producto identificable como mexicano, enfocándose en los productos nacionales que han tenido una industrialización exitosa. Por otro lado, se encuentran las expectativas del gobierno local de Michoacán, que se

  15. University-SME Collaboration and Open Innovation: Intellectual-Property Management Tools and the Roles of Intermediaries

    Directory of Open Access Journals (Sweden)

    Christian Eve-Levesque

    2013-03-01

    Full Text Available In 2009, the Conseil de la science et de la technologie du Québec (CST made 13 recommendations to the Government of Quebec in order to shift innovative actors towards open-innovation practices adapted to the province's context: diversified economic sectors, a majority of small and medium-sized enterprises (SMEs, public universities, etc. Among these recommendations are: i to set up flexible mechanisms to promote research collaboration between public-private sectors such as universities and SMEs, and ii to optimize intermediation bodies’ contribution to establish open-innovation practices. Furthermore, the lack of adequate understanding and tools for the management of intellectual property (IP was identified as a major inhibitor of open-innovation practices, to which actors should pay specific attention. In this article, we present results and recommendations from a field study focused on two groups of actors: i companies involved in collaborative innovation and ii intermediary agents enabling innovation and technology transfer. Our first goal was to shed some light on factors that facilitate open innovation through improved university-enterprise collaborations and, more importantly, that attempt to overcome the irritants related to IP management. Our second goal was to analyze the roles of diverse intermediaries in the fostering of successful collaborations between universities and SMEs. Our study yielded three findings: i SMEs do not care about understanding and improving their capabilities about IP and are not equipped with adequate tools and best practices for managing IP and for managing the overall collaborative mechanisms in general; ii this gap in preparation for open innovation is persistent, since even the intermediaries, whose role is to guide SMEs in university-enterprise collaborations, suffer themselves from the lack of appropriate IP transfer and sharing tools, and do not perceive the need to offer better support in this regard

  16. The Development of a Measure of Confidence in Delivering Therapy to People with Intellectual Disabilities.

    Science.gov (United States)

    Dagnan, Dave; Masson, John; Cavagin, Amy; Thwaites, Richard; Hatton, Chris

    2015-01-01

    Current policy in UK health services emphasizes that, where possible, people with intellectual disabilities should access the same services as people without intellectual disabilities. One of the barriers to this is the confidence of clinicians and therapists. In this paper, we report on the development of a scale to describe the confidence of therapists in working with people with intellectual disabilities (the Therapy Confidence Scale-Intellectual Disabilities [TCS-ID]). One-hundred and eighty-one therapists who provided talking therapies but who did not work primarily with people with intellectual disabilities completed the scale; 43 people completed the scale twice for test-retest reliability purposes. One-hundred and seven people also completed a scale of general therapy self-efficacy. The TCS-ID has a single factor structure accounting for 62% of the variance, Cronbach's alpha for the scale is 0.93 and test-retest reliability is 0.83. There are significant differences in confidence based upon participants experience in working with people with intellectual disabilities and their therapeutic orientation, and there is a significant association between the TCS-ID and the General Therapy Self-efficacy Scale. Sixty clinicians working in mainstream mental health services received training on adapting their therapeutic approaches to meet the needs of people with intellectual disabilities. The TCS-ID was used pre-training and post-training and demonstrated a significant increase in confidence for all group. We suggest that the scale has good psychometric properties and can be used to develop an understanding of the impact of training for mainstream therapist in working with people with intellectual disabilities. There is increasing emphasis on people with intellectual disabilities receiving services from mainstream mental health services. There is no research describing the experiences and outcomes of people with intellectual disabilities receiving mainstream talking

  17. Balancing public health, trade and intellectual monopoly privileges: recent Australian IP legislation and the TPPA.

    Science.gov (United States)

    Vines, Tim; Crow, Kim; Faunce, Thomas

    2012-12-01

    Over the past year, several significant reforms to Australia's intellectual property regime have been proposed and passed by Parliament. The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) made various improvements to Australian patent law, including an improved threshold for patentability, greater clarity around "usefulness" requirements, and the introduction of an experimental use exemption from infringement. Another Bill, the Intellectual Property Laws Amendment Bill 2012 (Cth), currently out for public consultation, would implement a 2003 decision of the World Trade Organisation (WTO) General Council and the 2005 Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration). If enacted, this Bill would facilitate equitable access to essential medicines by amending the compulsory licensing regime set out in the Patents Act 1990 (Cth). The underlying intention of this Bill--meeting public health goals outlined in the 2005 Doha Declaration--stands in juxtaposition to proposed reforms to intellectual property standards pursuant to the Trans-Pacific Partnership Trade and Investment Agreement (TPPA) that Australia is involved in. Although at a preliminary stage, leaked drafts of relevant intellectual property provisions in the TPPA suggest a privileging of patent monopoly privileges over public health goals. This column weighs the sentiments of the proposed Bill against those of the proposed provisions in the TPPA.

  18. Intellectual Property Protection

    OpenAIRE

    De Meester, Herman; Cunnigham, Douwe; Benedetti, Lanfranco

    2012-01-01

    This paper describes a medium and long term Vision in the true meaning of the word, as initiated by the 'cluster' of maritime industries and developed within the "Waterborne" Technology Platform. This Vision aims to categorise where the industries would like to stand by year 2025, the ambitious targets to be met and the related innovation challenges. These targets can not be rigid in a dynamic environment and are subject to technological as well as economic feasibility; they therefore represe...

  19. 数字化时代广西知识产权人才培养模式的思考%Thought of intellectual property of talent training mode of Guangxi in the digital age

    Institute of Scientific and Technical Information of China (English)

    杨丽娟

    2011-01-01

    In the digital age, intellectual property is an important indicator to measure the country's core competitiveness. The social paradigm of intellectual property made the corresponding request for quality and quantity of intellectual property human resources. Innovation is the power of development, and talent is the support of innovation. Guangxi belongs to the western region, and it must take the road of the development of talent to achieve the leapfrog development. The intellectual property talent is the talent of innovation. Therefore, it should go the way of intellectual property talent.%数字化时代,知识产权是衡量国家核心竞争力的重要指标之一,知识产权社会范式对知识产权人力资源的质量和数量提出了相应要求。创新是发展的动力,人才是创新的支撑。广西属于西部地区,要实现跨越式发展,必须走人才发展的道路,知识产权人才是创新人才,为此,更要走知识产权人才道路。

  20. On Enterprise Dynamical Systems of Technical Innovation in View of Intellectual Property%基于知识产权视角的企业技术创新动力研究

    Institute of Scientific and Technical Information of China (English)

    赵志强; 杨建飞

    2011-01-01

    Technological innovation provides the basis for the formation of intellectual property rights.Intellectual property is the protection of technological innovation.Intellectual property and technical innovation is mutual relation.Intellectual property is an efficacious measure to encourage technical innovation.Analysis of the enterprise power of technical innovation in view of intellectual property brings to the possible theory to promote the enterprise technical innovation.%技术创新为知识产权制度的形成提供了基础条件,知识产权为技术创新活动提供了激励与保障,知识产权制度与技术创新之间互动关联。知识产权制度作为一种有效的制度安排是激励企业技术创新的有效手段,从知识产权视角对企业技术创新动力进行分析为企业技术创新活动提供了有利的理论支持。

  1. The use of agrobiodiversity for plant improvement and the intellectual property paradigm: institutional fit and legal tools for mass selection, conventional and molecular plant breeding.

    Science.gov (United States)

    Batur, Fulya; Dedeurwaerdere, Tom

    2014-12-01

    Focused on the impact of stringent intellectual property mechanisms over the uses of plant agricultural biodiversity in crop improvement, the article delves into a systematic analysis of the relationship between institutional paradigms and their technological contexts of application, identified as mass selection, controlled hybridisation, molecular breeding tools and transgenics. While the strong property paradigm has proven effective in the context of major leaps forward in genetic engineering, it faces a systematic breakdown when extended to mass selection, where innovation often displays a collective nature. However, it also creates partial blockages in those innovation schemes rested between on-farm observation and genetic modification, i.e. conventional plant breeding and upstream molecular biology research tools. Neither overly strong intellectual property rights, nor the absence of well delineated protection have proven an optimal fit for these two intermediary socio-technological systems of cumulative incremental innovation. To address these challenges, the authors look at appropriate institutional alternatives which can create effective incentives for in situ agrobiodiversity conservation and the equitable distribution of technologies in plant improvement, using the flexibilities of the TRIPS Agreement, the liability rules set forth in patents or plant variety rights themselves (in the form of farmers', breeders' and research exceptions), and other ad hoc reward regimes.

  2. The fundamental right of access to medicines and the social function of intangible property in Brazil

    Directory of Open Access Journals (Sweden)

    BATISTA, Cláudia Karina Ladeia

    2016-06-01

    Full Text Available This is a literature and documental research aiming at studying the relationship between the right of access to medicines and the right to exclusivity in the exploitation of pharmaceutical inventions, from the fundamental right to health in its various dimensions. This study is justified by the increasing importance that the access to medicines currently has in the fundamental right to health, and by the necessity of balancing this right with the patents, if seen that all property, including intangible, has a social function. We conclude that it is necessary to harmonize the right to preserve intangible property –and, as a consequence, to preserve the economic exclusive exploitation of a developed and patented product- with the right of access to medicines, at risk of losing both constitutional guarantees.

  3. 49 CFR 1544.201 - Acceptance and screening of individuals and accessible property.

    Science.gov (United States)

    2010-10-01

    ..., incendiary, or deadly or dangerous weapon. Each aircraft operator must use the measures in its security program to prevent or deter the carriage of any weapon, explosive, or incendiary on or about each... which it is responsible, and all accessible property under that individual's control, are inspected...

  4. Intellectual History

    DEFF Research Database (Denmark)

    In the 5 Questions book series, this volume presents a range of leading scholars in Intellectual History and the History of Ideas through their answers to a brief questionnaire. Respondents include Michael Friedman, Jacques le Goff, Hans Ulrich Gumbrecht, Jonathan Israel, Phiip Pettit, John Pocock...

  5. The Intellectual

    Directory of Open Access Journals (Sweden)

    John M. Novak

    2005-01-01

    Full Text Available Book jackets sometimes provide insightful provocation about the content and flavour of a text. Certainly the designers of the front jacket for Steve Fuller’s The Intellectual intended to be provocative when they placed the words, “the positive power of negative thinking,” at the top centre.

  6. Intellectual disability

    Science.gov (United States)

    ... mercury, and other toxins reduces the risk of disability. Teaching women about the risks of alcohol and drugs during ... 2013;33-41. Shapiro BK, Batshaw ML. Intellectual disability. In: Kliegman RM, Stanton BF, ... Assistant Professor of Pediatrics, University of Washington School of Medicine, Seattle, WA. Also ...

  7. Intellectual History

    DEFF Research Database (Denmark)

    In the 5 Questions book series, this volume presents a range of leading scholars in Intellectual History and the History of Ideas through their answers to a brief questionnaire. Respondents include Michael Friedman, Jacques le Goff, Hans Ulrich Gumbrecht, Jonathan Israel, Phiip Pettit, John Pocock...

  8. L’innovation dans les relations sino-américaines : le cas des droits de la propriété intellectuelle Innovation in U.S.-China Relations: The Example of Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Juliette Bourdin

    2009-10-01

    Full Text Available Over the last decade, innovation has become an essential strategical element and a key to competitiveness for all the countries now ruled by the “knowledge economy.” In order to maintain its leading position, the United States has managed to impose its own intellectual property rights (IPR regime on the rest of the world through the TRIPS agreements. Although China is now part of the World Trade Organization, IPR infringements are still widespread throughout the country which has become Washington’s main target in its fight to protect intellectual property rights. The IPR question is fundamental for the United States both because of the supposedly tremendous loss of expected earnings and because the future of U.S. society, whose socio-economic organization has been modified by the knowledge economy, will increasingly depend upon the respect of intellectual property rights.

  9. 知识产权质押融资在糖业的应用探讨%Application of Intellectual Property Right of Pledge Financing in Sugar Industry

    Institute of Scientific and Technical Information of China (English)

    丘志乔; 蓝艳华

    2012-01-01

    糖业在我国是继粮、棉、油之后重要的农业行业之一。制糖企业和其它行业的许多企业一样,面临融资需求。我国正在进行知识产权质押融资试点,但是,糖业领域的应用尚未有实践的先例。本文探讨糖业应用知识产权质押融资的可行性与必要性,并且提出了相应的实施思路和若干具体建议。%The sugar industry is one of the important agriculture after grain, cotton and oil in our country. Sugar enterprises are facing financial demands as other industrial enterprises. China is making a pilot project on intellectual property rights of pledge financing at selected cities, but there has not been a precedent practice for the sugar industry. This paper discusses the feasibility and necessity of the application on intellectual property right of pledge financing in sugar industry. It also presents the practical ideas and a number of specific measures and recommendations.

  10. Impact of the trade-related aspects of intellectual property rights (TRIPS) agreement on India as a supplier of generic antiretrovirals.

    Science.gov (United States)

    Babovic, Sonja; Wasan, Kishor M

    2011-03-01

    This is a commentary on how the trade-related aspects of intellectual property rights (TRIPS) agreement has impacted India as a supplier of generic antiretrovirals (ARVs). We provide a systematic review of the issues related to the TRIPS agreement that affects India. This includes discussion around (a) the legal landscape underpinning India as a supplier of generic ARVs; (b) supply of second-line ARVs; and (c) the future of generic drug production in India. The proclamation into force of TRIPS-compliant intellectual property law in India is likely to affect its position as a supplier of affordable ARVs, especially drugs brought to market after 2005. Currently, mechanisms exist for the generic production of almost all ARVs in India, including second-line drugs; however, the manufacture of these drugs by generic pharmaceutical companies may require additional market incentives. Compulsory licensing may emerge as an additional mechanism by which India can provide affordable versions of patented drugs to Least Developed Countries (LDCs).

  11. 我国会展知识产权保护问题研究%Exhibition of intellectual property protection research in China

    Institute of Scientific and Technical Information of China (English)

    郑小燕

    2015-01-01

    Since the reform and opening, maintaining the momentum of rapid development of Chinese economy, convention and exhibition industry has been expanding its market, the competition is increasingly fierce, some businesses in order to obtain excess profit do not hesitate to take and by means of unfair competition behavior, such as cloning convention name, fake convention scheme and design and other intellectual property rights infringement, severely disrupted the exhibition market order, restricted the healthy development of the exhibition industry. This article will discuss exhibition conduct the thorough research to the infringement of intellectual property rights and protections, with beneficial guidance conclusions.%改革开放以来,我国经济保持高速发展势头,会展业市场规模不断扩大、竞争日益激烈化,一些商家为了获取超额利润不惜采取不正当竞争手段和行为,例如克隆会展名称、仿冒会展方案和设计等知识产权侵权行为,严重扰乱了会展市场秩序,制约了会展业健康发展。本文将就会展知识产权侵权和保护问题进行深入研究,以得出有益指导结论。

  12. Challenges in Obtaining Property Access: The FUSRAP Maywood Site Experience - 13433

    Energy Technology Data Exchange (ETDEWEB)

    Kollar, William [Shaw Environmental, Inc., 100 West Hunter Avenue, Maywood, NJ 07607 (United States)

    2013-07-01

    The Formerly Utilized Sites Remedial Action Program (FUSRAP) is the US government program started in 1974 to identify, investigate and clean up or control sites that became contaminated as a result of the nation's early atomic programs. Many of these sites are not owned by the federal government and therefore require owner permission to enter. The experience in pursuing such access at the FUSRAP Maywood Superfund Site (the Maywood Site or the Site) in Bergen County, New Jersey, is extensive. Since the US Army Corps of Engineers (the Corps) assumed responsibility for the Maywood Site from the US Department of Energy in 1997, at least 186 separate property access agreements (known in FUSRAP as a Real Estate Right-of- Entry or ROE) have been executed between the Corps and approximately 55 different land owners and tenant occupants at the Maywood Site (agreement renewals with the same owners over time account for the difference). Maywood's experience during the Corps' tenure, reflected here in three case studies of representative property access efforts, offers some lessons and best practices that may apply to other remedial programs. While the Site Community Relations Manager (the author of this paper) managed the property access task, multi-disciplinary support from across the project was also critical to success in this endeavor. (authors)

  13. Current Situation, Problems and Countermeasures of Agricultural Intellectual Property Protection in Chongqing%重庆市农业知识产权保护现状、问题及对策

    Institute of Scientific and Technical Information of China (English)

    皮竟; 彭文学; 周建超; 吕斌; 郝风; 周蕊

    2011-01-01

    目前,重庆市农业知识产权保护领域存在专利申请数量和授权总量偏少、科研成果评价体系与实际相悖、农业知识产权保护力度不够、专利工作对全市农业发展的支撑作用还不强等问题.建议采取加大农业知识产权的宣传和培训力度、依法打击农业知识产权违法行为、借助农业知识产权保护推进农村经济社会发展、加强农业知识产权中介服务机构建设和人才队伍建设、改革科研成果评价和奖励机制、推动农业知识产权申请向市场化迈进等一系列应对策略.%At present, there are some problems in the field of agricultural intellectual property protection in Chongqing, such as fewer number of patent applications and authorizations, enormous difference between scientific research achievement appraisal system and the industry practice,not enough protection of agricultural intellectual property, and weak influence of patent on agriculture development etc. Countermeasures had been proposed such as improving propaganda and training for a-gricultural intellectual property, forbidding illegal behaviors, promoting rural economic and social development by using of a-gricultural intellectual property protection, strengthening agricultural intellectual property intermediary service organization's construction and experts training, reforming scientific research achievements assessment and reward mechanism and promoting the application of agricultural intellectual property to forward into the market, and so on.

  14. 科技资产、知识产权资产的“垃圾化”是全球趋势吗*--日本升级“知识产权战略”对我国有何启发%Is "Useless" of Science and Technology Assets and Intellectual Property Assets the Global Trend?--What’s Inspiration to China of Japan Upgrading"Intellectual Property Strategy"

    Institute of Scientific and Technical Information of China (English)

    中国高技术产业发展促进会知识产权战略研究课题组

    2015-01-01

    In the big data era, “useless” of science and technology assets and intellectual property assets is becoming a global trend.US-led new economy is strengthening the "centralized" global industrial chain.T o prevent the mar ginalization of the global market, Japan by the founder of the national strategy, DC, to save the high-tech industry, the implementation of language strategies and other intellectual property strategies to enhance their international competitiveness.In view of this, our country should be combined with their own national conditions, Japan's technological innovation and intellectual property strategy and actively learn from the response, so that our country in the era of finance, trade, economy, science and technology, culture, globalization, the developed countries in the forefront to become the "global resources flat distribution center.

  15. 中国知识产权出口贸易影响因素的实证研究%An Empirical Study of Factors Influencing China ’ s Export of Intellectual Property Trade

    Institute of Scientific and Technical Information of China (English)

    顾晓燕; 史新和

    2014-01-01

    知识产权贸易促进了创新链、产业链、市场链的有效衔接,推进了创新驱动战略的实施。基于2000~2012年的省际面板数据,通过单位根检验、协整检验,建立随机效应模型,对全国、东、中、西部知识产权出口贸易的影响因素作了实证分析。全国层面的结论表明,知识产权创造、知识产权运用、外商直接投资、出口导向度对知识产权出口贸易都有显著的正影响,知识产权保护水平对知识产权出口贸易有显著的负影响,进而提出了推进知识产权出口贸易的政策建议。%Intellectual property trade promotes the effective convergence of innovation chain , industrial chain and market chain , and promotes the implementation of the innovation -driven strategy.This paper analyzes the fac-tors influencing export of intellectual property trade from the perspective of the whole country , the eastern , the cen-tral and the western.We establish a random effect model based on the provincial panel data , using ADF test and cointegration test.The conclusion shows that creation of intellectual property , application of intellectual property , foreign direct investment and the export -oriented degree have significant positive impacts on the export of intellec-tual property trade.Level of intellectual property rights protection has a significant negative impact on the export of intellectual property trade.Finally , we put forward policy recommendations to promote export of intellectual proper-ty trade.

  16. Measures of the General Administration of Customs of the People's Republic of China for Implementing the Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    @@ The Measures of the General Administration of Customs of the People's Republic of China for Implementing the Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights discussed and passed at the executive meeting of the General Administration of Customs (GAC) on Feb.17,2009 is hereby promulgated,which take effects on July 1,2009.The Measures of the General Administration of Customs of the People's Republic of China for Implementing the Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights promulgated by No.114 Decree of the GAC on May 25,2004 shall be repealed simultaneously.

  17. 奥美拉唑知识产权保护策略分析%Analysis of omeprazole intellectual property protection strategy

    Institute of Scientific and Technical Information of China (English)

    沙宇慧; 李玉丹; 杨悦

    2013-01-01

    The inntellectual property strategies maximize the economic return of the proton pump inhibitor omeprazole. This paper gives pharmaceutical companies some references through analyzing the intellectual property strategies implemented by AstraZeneca to protect omeprazole in U. S.%阿斯利康公司的知识产权保护策略实现了质子泵抑制剂奥美拉唑的收益最大化,值得制药企业借鉴.文中分析了阿斯利康公司在美国对奥美拉唑采取的知识产权保护策略,以期为制药企业提供参考.

  18. 产业技术创新联盟中的知识产权文化建设%Intellectual Property Cultural Construction in the Industrial Technology Innovation Alliance

    Institute of Scientific and Technical Information of China (English)

    姜国峰

    2012-01-01

    The cultural construction of intellectual property is conducive for alliance to form a good atmosphere of respecting others' intellectual products, enhance the profitability and core competitiveness of the alliance and industry, and maintain the stability of the alliance with core technology. In recent years, however, the cultural construction of intellectual property in ChinaS industrial technology innovation alliance has always been unsatisfactory. There are many factors to cause the condition, such as the lack of intellectual property strategy awareness, not enough respecting intellectual property, and the differences in awareness of intellectual property subjects. We need to begin with cultivating concept and forming cultural atmosphere, form diversified, multi - channel and high - efficiency input system in favor of the cultivating advantage in the proprietary intellectual property, and realize the resonance between richness in the connotations of intellectual property culture and the stability of the industrial technology innovation alliance.%知识产权文化建设有利于联盟形成尊重他人智力成果的良好氛围,提升联盟行业获利能力和核心竞争力,维持拥有核心技术的联盟的稳定.但近年来,我国产业技术创新联盟中的知识产权文化建设始终不理想.这与知识产权战略意识欠缺、知识产权尊重意识不够、知识产权主体意识存在分歧等因素影响有关.需要从培养观念、形成文化氛围入手,以形成有利于自主知识产权优势培育的多元化、多渠道、高效率的投入体系,实现产业技术创新联盟的稳定与知识产权文化内涵丰富的共振.

  19. Research on the Index System for the Evaluation of Comprehensive Strength of Intellectual Property Right in Higher Education Colleges%我国高校知识产权能力综合评价的研究

    Institute of Scientific and Technical Information of China (English)

    赵喜仓; 高秀红

    2013-01-01

    Accelerate the intellectual property rights of colleges and universities ability construction will advance our technology and economy, thus thus further improvement and development, this paper selects the perspective of university intellectual property, to our country intellectual property in Institutions of higher learning ability development and current problems that exist in the analysis, seeks for the future of China's intellectual property in Institutions of higher learning ability development direction specified direction. This paper on China's intellectual property rights of colleges and universities ability undertook relevant analysis, think intellectual prop-erty rights of colleges and universities including the ability to create ability, protection, implementation capacity and R&D environment capacity. This article analyses China's intellectual property right in higher education colleges ability and uses AHP to construct our high-er education colleges' intellectual property with the index system for the evaluation of comprehensive strength, through the intellectual property right analysis of 31 provinces and cities of China higher education colleges, the results showed that:China's intellectual proper-ty right in higher education colleges is strong to weak from east to west in the regional perspective, individual areas of intellectual prop-erty right in higher education colleges and is uneven development. Finally proposed the countermeasure and the suggestions.%  加快我国高校知识产权能力建设将能推进我国科技、经济等各项事业进一步提升和发展,本文选取高校知识产权能力这一视角,对我国高校知识产权能力构成和当前发展中存在的问题进行分析,旨在为今后我国高校知识产权能力发展指明方向。本文首先对我国高校知识产权能力构成进行了相关分析,认为高校知识产权能力包括创造能力、保护能力、实施能力和研发环境能力

  20. Common pool resources: An institutional movement from open access to common property resources

    Energy Technology Data Exchange (ETDEWEB)

    Kadekodi, G.K. [Univ. Enclave, Delhi (India). Inst. of Economic Growth

    1998-05-01

    The experience of creating common pool resources with the purpose of better management is quite common in several parts of the world. There are some situations of such pooled resources managed almost as an open access resource and, elsewhere, as a perfect common property resource. It is hypothesized here that quite often such pooling processes begin as open access resources and only with experience do they slowly become transformed into common property resources. The rate of such a transformation and degree of pooling intensity depend upon many factors, including leadership, commitment, and the associated rules of the repeated game. A model of such a pooling process is formulated to test this and several other hypotheses. Empirical evidence from a case study is provided, followed by some hypothetically simulated cases.