INDICATORS SYSTEM FOR MONITORING INTELLECTUAL PROPERTY MANAGEMENT IN COMPANIES

Directory of Open Access Journals (Sweden)

Alexandru STRATAN,

2018-02-01

Full Text Available Organizations and companies with a high level of competitiveness had developed intellectualproperty management systems that aim at assuring information and indicators for decision-making.Furthermore, the systematization and monitoring of information on intellectual property managementcontributes to the improvement, reliability, quality and efficiency of managerial efficiency, offering, in theend, to the company an image of its competitive advantages, generated by the intellectual property. The purpose of this work is to identify a system of indicators (benchmarks that can be used formonitoring through self-evaluation of the intellectual property management as part of a methodic approachon researching the intellectual property management system in companies. The main results achieved following the investigations were the development of a set of indicators(benchmarks for monitoring the management of intellectual property in companies. Also, being based onthis group of indicators, an integrated indicator for assessing the effectiveness of the management systemof intellectual property in companies had been developed.

28 CFR 0.10 - Attorney General's Advisory Committee of U.S. Attorneys.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Attorney General's Advisory Committee of... DEPARTMENT OF JUSTICE Office of the Attorney General § 0.10 Attorney General's Advisory Committee of U.S. Attorneys. (a) The Attorney General's Advisory Committee of United States Attorneys shall consist of an...

Nature of intellectual property insurance and its role in modern economy

OpenAIRE

Bazylevych, V.; 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...

45 CFR 1303.3 - Right to attorney, attorney fees, and travel costs.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Right to attorney, attorney fees, and travel costs... AGENCIES General § 1303.3 Right to attorney, attorney fees, and travel costs. (a) All parties to... delegate agency may use current operating funds to pay these costs. The fees of only one attorney may be...

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.

77 FR 38017 - Regulation Strengthening Accountability of Attorneys and Non-Attorney Representatives Appearing...

Science.gov (United States)

2012-06-26

...-2168-01] RIN 0625-AA92 Regulation Strengthening Accountability of Attorneys and Non- Attorney... strengthens the accountability of attorneys and non-attorney representatives who appear in proceedings before... administration of the U.S. AD and CVD laws. One proposal addressed strengthening the accountability of attorneys...

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

Intellectual Property Rights Management

DEFF Research Database (Denmark)

Alkærsig, Lars; Beukel, Karin; Reichstein, Toke

-identify with and which will allow companies to focus on the IP and IP Management issues most relevant to them. By doing so, the authors offer further insights as to the use of IP and IP management practices across firms. By looking at empirical data covering the population of firms, the findings not only pertain......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....

TOOLS OF INTELLECTUAL PROPERTY MANAGEMENT OF A HOLDING COMPANY AND ITS SUB-SYSTEMS

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Nicolai N. Samoilenko

2013-01-01

Full Text Available The concept and essence of intellectual property management are considered in the article, as well as the models, the methods and the tools of intellectual property management of holding structures. In particular, the life cycle of object of intellectual property is described, the concept "intellectual property management" is created, the most effective models of intellectual property management are revealed, and also the instruments of intellectual property management of a holding company and its sub-systems are defined.

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.

Leveraging Old Intellectual Property to Accelerate Technology Entrepreneurship

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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.

Mind the Gap! How the Digital Turn Upsets Intellectual Property.

Science.gov (United States)

Vică, Constantin; Socaciu, Emanuel-Mihail

2017-10-27

Intellectual property is one of the highly divisive issues in contemporary philosophical and political debates. The main objective of this paper is to explore some sources of tension between the formal rules of intellectual property (particularly copyright and patents) and the emerging informal norms of file sharing and open access in online environments. We look into the file sharing phenomena not only to illustrate the deepening gap between the two sets of norms, but to cast some doubt on the current regime of intellectual property as an adequate frame for the new type of interactions in online environments. Revisiting the classic Arrow-Demsetz debate about intellectual property and the epistemological issues involved in assessing institutions, we suggest that seeking out new institutional arrangements aligned with the norms-in-use seems to be a more promising strategy in the new technological setting than attempting to reinforce the current legal framework. Moreover, such a strategy is less prone to committing the so-called 'Nirvana fallacies'. As a secondary task, we try to cast some doubt on the two most common moral justifications of intellectual property as being able to ground the full extent of the current intellectual property regime.

Intellectual Property Strategies of Multinational Companies Patenting in China

DEFF Research Database (Denmark)

Wolfram, Pierre; Schuster, Gerd; Brem, Alexander

2014-01-01

While global intellectual property trends show a stable rate of worldwide patent applications during the last five years, patent applications in emerging economies strongly increased within the same period. Unless the increasing number of applications in emerging economies, the indigenous legal...... archetypes of the world’s largest patent applicants using the case of China as an empirical context. Using Questel’s professional patent search application Orbit, we build a unique data set of the world’s top patent applicants combining data from the World Intellectual Property Organization and the State...... Intellectual Property Office of China comprising data of about 620.000 patents. Referring to the study of Keupp et al. (2012), we extend previous qualitative studies on patenting strategy archetypes by adding quantitative evidence from a data set of the world’s largest intellectual property owners. Model based...

Intellectual Property Law in Indonesia After 2001

OpenAIRE

Sinaga, Valerie Selvie

2013-01-01

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 change...

INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

OpenAIRE

Valerie Selvie Sinaga

2013-01-01

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 change...

An introduction to intellectual property licensing for technology companies

Science.gov (United States)

Meier, Lawrence H.

2001-05-01

Intellectual property licensing is an important issue facing all technology companies. Before entering into license agreements a number of issues need to be addressed, including invention ownership, obtaining and identifying licensable subject matter, and developing a licensing strategy. There are a number of important provisions that are included in most intellectual property license agreements. These provisions include definitions, the license grant, consideration, audit rights confidentiality, warranties, indemnification, and limitation of liability. Special licensing considerations exist relative to each type of intellectual property, and when the other party is a foreign company or a university.

75 FR 17412 - Cancer Therapy Evaluation Program Intellectual Property Option to Collaborator

Science.gov (United States)

2010-04-06

... Program Intellectual Property Option to Collaborator AGENCY: National Cancer Institute (NCI), National... Evaluation Program (CTEP) INTELLECTUAL PROPERTY OPTION. The proposed policy, if finalized, would establish... recommended Intellectual Property Option and Institution Notification if they wish to be considered for...

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.

38 CFR 1.205 - Notification to the Attorney General or United States Attorney's Office.

Science.gov (United States)

2010-07-01

... Attorney General or United States Attorney's Office. 1.205 Section 1.205 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS GENERAL PROVISIONS Referrals of Information Regarding Criminal Violations § 1.205 Notification to the Attorney General or United States Attorney's Office. VA police and/or...

Current situation and countermeasures of the defense technology industry intellectual property management

International Nuclear Information System (INIS)

Fan Fei

2014-01-01

In Defense technology industry is a strategic industry of our country, is an important foundation for China to achieve modernization of national defense, is also important driving force of our national economy. Intellectual property plays a very important role in the defense industry ' strengthen the basis of capacity, combining military and civilian, leapfrog development' strategy. Defense-related science, technology and industry advanced nature of intellectual property management and its ownership is a direct reflection of the capability of independent innovation and sustainable development of the defense industry. Therefore, how to make the effective protection and management of intellectual property rights in the Defense Industry has also become a new issue that we face. In this paper, by analyzing the status of the defense technology industry intellectual property management, at home and abroad, and other industry advanced experience in intellectual property management, put forward recommendations to strengthen our national defense science and technology industry intellectual property management. (author)

Implementation of Intellectual Property Law on the International Space Station

Science.gov (United States)

Mannix, John G.

2002-01-01

Because of the importance of intellectual property rights to the private sector, NASA has developed a reference guide to assist business leaders in understanding how the Intellectual Property Articles of the 1998 Intergovernmental Agreement on the International Space Station will be implemented. This reference guide discusses the statutory, regulatory and programmatic strictures on the deployment, utilization and ownership of intellectual property within the Space Station program. This guide presents an analysis of the intellectual property law aspects of the international agreements and documents pertaining to the International Space Station, and then relates them to NASA's authorities for entering into research and development agreements with private entities. This paper will discuss the reference guide and should aid potential agreement participants in understanding the legal environment for entering into agreements with NASA to fly research and development payloads on the International Space Station.

37 CFR 1.36 - Revocation of power of attorney; withdrawal of patent attorney or agent.

Science.gov (United States)

2010-07-01

... be treated as a request to revoke any powers of attorney previously given. Fewer than all of the... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Revocation of power of....36 Revocation of power of attorney; withdrawal of patent attorney or agent. (a) A power of attorney...

28 CFR 0.5 - Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Attorney General. 0.5 Section 0.5... Attorney General § 0.5 Attorney General. The Attorney General shall: (a) Supervise and direct the administration and operation of the Department of Justice, including the offices of U.S. Attorneys and U.S...

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

10 CFR 603.550 - Acceptability of intellectual property.

Science.gov (United States)

2010-01-01

... contributions of cash or tangible assets. The purpose of cost share is to ensure that the recipient incurs real... AGREEMENTS Pre-Award Business Evaluation Cost Sharing § 603.550 Acceptability of intellectual property. (a) In most instances, the contracting officer should not count costs of patents and other intellectual...

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…

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.

People, Plants, and Patents: The Impact of Intellectual Property on ...

International Development Research Centre (IDRC) Digital Library (Canada)

Decisions about intellectual property, particularly for plant life,have major implications for food security, agriculture, rural development,and the environment for every country in the South and the North. For the South, in particular, the impact of intellectual property on farmers, rural societies, and biological diversity will be ...

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…

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...

28 CFR 0.19 - Associate Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Associate Attorney General. 0.19 Section...-Office of the Associate Attorney General § 0.19 Associate Attorney General. (a) The Associate Attorney General shall advise and assist the Attorney General and the Deputy Attorney General in formulating and...

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.

28 CFR 0.165 - Recommendations to the Deputy Attorney General or Associate Attorney General, as appropriate...

Science.gov (United States)

2010-07-01

... General or Associate Attorney General, as appropriate, that certain claims be closed. 0.165 Section 0.165... Recommendations to the Deputy Attorney General or Associate Attorney General, as appropriate, that certain claims... the authority delegated by §§ 0.160(a) and 0.164, the Assistant Attorney General concerned shall, when...

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.

28 CFR 0.161 - Acceptance of certain offers by the Deputy Attorney General or Associate Attorney General, as...

Science.gov (United States)

2010-07-01

... Deputy Attorney General or Associate Attorney General, as appropriate. 0.161 Section 0.161 Judicial... certain offers by the Deputy Attorney General or Associate Attorney General, as appropriate. (a) In all... § 0.160, the Assistant Attorney General concerned shall, when he is of the opinion that the proposed...

16 CFR 1025.64 - Attorneys.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Attorneys. 1025.64 Section 1025.64 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Appearances, Standards of Conduct § 1025.64 Attorneys. Any attorney at law who is admitted to...

28 CFR 0.15 - Deputy Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Deputy Attorney General. 0.15 Section 0... the Deputy Attorney General § 0.15 Deputy Attorney General. (a) The Deputy Attorney General is authorized to exercise all the power and authority of the Attorney General, unless any such power or...

14 CFR 1261.317 - Attorney-client privilege.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Attorney-client privilege. 1261.317 Section... Injury or Death-Accruing On or After January 18, 1967 § 1261.317 Attorney-client privilege. (a) Attorneys... traditional attorney-client relationship with the employee with respect to application of the attorney-client...

Intellectual property disclosure in standards development

NARCIS (Netherlands)

Bekkers, R.N.A.; Catalini, C.; Martinelli, A.; Simcoe, T.

2012-01-01

Firms often collaborate to produce inter-operability standards so that independently designed products can work together. When this process takes place in a Standard Setting Organization (SSO), participants are typically required to disclose any intellectual property rights (IP) that would be

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

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...

In the public interest: intellectual disability, the Supreme Court, and the death penalty.

Science.gov (United States)

Abeles, Norman

2010-11-01

This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed. PsycINFO Database Record (c) 2010 APA, all rights reserved.

The traditional knowledge and the intellectual property

International Nuclear Information System (INIS)

Calle Vasquez, Rosangela

1999-01-01

This article seeks to describe the state of the art in the international context of the traditional knowledge, its content, its recognition, and its valuation. The prosperous results of the biotechnical industry in the scientific and commercial field, has had a great impact in the valuation of the intellectual property, in the context of the globalization of the market. Traditionally the ancestral knowledge of the ethnic communities in the relative thing to the appropriation of the nature for their survival, it has not been considered neither valued in the same terms that the scientific knowledge and therefore, neither it has been analyzed as intellectual property, just as the western right it has structured this special form of property. The convention of the biodiversity, put in undoubtedly the traditional knowledge should be protected and valued, for this reason starting from 1992, the commercial agreements consecrate and they recognize this theme

76 FR 13404 - Cancer Therapy Evaluation Program Intellectual Property Option to Collaborator

Science.gov (United States)

2011-03-11

... Option to Collaborator AGENCY: National Institutes of Health, HHS. ACTION: Notice. SUMMARY: The National... Cancer Therapy Evaluation Program's Intellectual Property Option to Collaborator. [[Page 13405... Evaluation Program (CTEP)'s Intellectual Property Option to Collaborator. The proposed revision represents a...

FINANCING INTELLECTUAL PROPERTY ASSESTS: AN EMPIRICAL ANALYSIS

OpenAIRE

USHA SWAMINATHAN

2016-01-01

Amplifying any property needs assessment to be marketable. This paper reads on the prospects of intangible property especially the Intellectual Property (IP) being evaluated in terms of financing by institutions to progressively grow more by widening their business and to make available advances based on IP. Arrangements engaging in the safety measures of intangible property encompassed and facilitated title-holders of IP privileges to comprise a loan of money as more undemanding and protecte...

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 d...... observations in the deployment of patents andtrademarks and inspires them to think more creatively about IPRs than they didbefore....

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. © 2013 American Society of Law, Medicine & Ethics, Inc.

INTELLECTUAL PROPERTY IN ARCHITECTURE: BETWEEN LEGISLATIONS AND ETHICAL MANIFESTATIONS WITH SPECIAL REFERENCE TO THE EGYPTIAN CASE

Directory of Open Access Journals (Sweden)

Nehad Mohamed Eweda

2011-11-01

Full Text Available Several international and local legislations have been enacted to protect intellectual property rights. Nevertheless, legislations cannot alone provide protection for architects, and defend the right of owners over architectural products. The importance of this research paper is derived from the hypothesis that accepting, fostering and valuing intellectual property in architecture education and practice are similarly essential to enacting laws. This paper is an analytical discussion of intellectual property in general and particularly in architecture, it is structured in four sections; the first provides a conceptual foundation about intellectual property; the second discusses the issue from an ethical point of view; the third demonstrates various opinions about intellectual property rights; and the last reviews some manifestations in the Egyptian society which affect the intellectual property rights in both the architectural education and practice. Finally, the paper concludes that the lack of awareness among students of architecture as well as practicing architects about intellectual property rights might lead –unintentionally- to violations, infringements, and consequently disputes. In addition, respecting intellectual property would rather begin during the years of architectural education as an ethical behavior, which will continue to regulate the architectural professional practice. Besides, architects need to understand their rights which are granted by the intellectual property legislations in order to consequently secure an atmosphere of fair competition among architects.

Intellectual property implications for forestry research managers: Striving for win-win

Science.gov (United States)

Russell Haines

1999-01-01

Competent management of intellectual property is now a key issue for research managers increasingly driven on the one hand by more commercial approaches to research management) and on the other by the need to enter into partnerships where both inputs and outputs are shared. Products of forestry research activities that are relevant to intellectual property discussions...

40 CFR 145.24 - Attorney General's statement.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 22 2010-07-01 2010-07-01 false Attorney General's statement. 145.24... (CONTINUED) STATE UIC PROGRAM REQUIREMENTS State Program Submissions § 145.24 Attorney General's statement... State Attorney General (or the attorney for those State or interstate agencies which have independent...

40 CFR 281.25 - Attorney General's statement.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 26 2010-07-01 2010-07-01 false Attorney General's statement. 281.25... Attorney General's statement. (a) A state must submit a written demonstration from the Attorney General... independent legal counsel for the state rather than the Attorney General, provided that such counsel has full...

Harnessing Intellectual Property for Development: Some Thoughts ...

African Journals Online (AJOL)

Harnessing Intellectual Property for Development: Some Thoughts on an Appropriate ... This will be achieved through the creation of an IP system that provides ... the good being protected and the manner in which the creative process unfolds.

40 CFR 501.13 - Attorney General's statement.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 29 2010-07-01 2010-07-01 false Attorney General's statement. 501.13... from the State Attorney General (or the attorney for those State or interstate agencies which have... Attorney General or independent legal counsel shall be in the form of lawfully adopted State statutes and...

45 CFR 1608.7 - Attorney-client relationship.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Attorney-client relationship. 1608.7 Section 1608... PROHIBITED POLITICAL ACTIVITIES § 1608.7 Attorney-client relationship. Nothing in this part is intended to prohibit an attorney or staff attorney from providing any form of legal assistance to an eligible client...

40 CFR 271.7 - Attorney General's statement.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 26 2010-07-01 2010-07-01 false Attorney General's statement. 271.7... Authorization § 271.7 Attorney General's statement. (a) Any State that seeks to administer a program under this subpart shall submit a statement from the State Attorney General (or the attorney for those State agencies...

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.

28 CFR 0.168 - Redelegation by Assistant Attorneys General.

Science.gov (United States)

2010-07-01

..., Penalties, and Forfeitures § 0.168 Redelegation by Assistant Attorneys General. (a) Assistant Attorneys... the Assistant Attorney General level must be presented to the Assistant Attorney General for... the Deputy Attorney General or the Associate Attorney General, as appropriate, before taking effect...

'Justice Be Our Shield and Defender': An Intellectual Property Rights ...

African Journals Online (AJOL)

Protecting intellectual property rights has become essential in encouraging cutting-edge scholarship that advances the frontiers of knowledge. For a long time, the majority of Africa's intelligentsia has worked in local and international environments that have exploited the continent's intellectual capital. Even in contexts where ...

45 CFR 1225.11 - Amount of attorney fees.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Amount of attorney fees. 1225.11 Section 1225.11... § 1225.11 Amount of attorney fees. (a) When a decision of the agency provides for an award of attorney's fees or costs, the complainant's attorney shall submit a verified statement of costs and attorney's...

Study on government's optimal incentive intensity of intellectual property rights

Science.gov (United States)

Yang, Chengbin; Sun, Shengxiang; Wei, Hua

2018-05-01

The integration of military and civilian technology in the development stage of weapon equipment is an inherent requirement for the development of the deep integration of the military and the civilian. In order to avoid repeated development of existing technology and improve the efficiency of weaponry development, the government should take effective measures to encourage development institutions to actively adopt existing intellectual property technology in the process of equipment development. According to the theory of utility function and the characteristics of practical problems, the utility function of government and weapon equipment development units is constructed, and the optimization model of incentive strength for national defense intellectual property is established. According to the numerical simulation, the conclusion is, to improve the development efficiency, and at the same time, to encourage innovation, thre government need to make a trade-off in incentive policy making, to achieve a high level in intellectual property rights' innovation and application.

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...

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.

Intellectual property rights in china: patents and economic ...

African Journals Online (AJOL)

Intellectual property rights in china: patents and economic development. ... AFRICAN JOURNALS ONLINE (AJOL) · Journals · Advanced Search · USING ... there are still patents and other IP related rights infringement and enforcement issues.

Offshore Outsourcing, Contractual R&D and Intellectual Property in Developing Countries

OpenAIRE

Marjit, Sugata; Xu, Xinpeng; Yang, Lei

2009-01-01

This paper examines the role of intellectual property in developing countries in offshore outsourcing of R&D. We find that strengthened intellectual property protection in developing countries provides incentive for firms, both multinational and local, to specialize in undertaking an R&D activity in which it has competitive advantage (the specialization effect). It also facilitates the process for local firms to switch from imitators to potential innovators (the switching effect). We demon...

29 CFR 402.11 - Attorney-client communications exempted.

Science.gov (United States)

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Attorney-client communications exempted. 402.11 Section 402... LABOR-MANAGEMENT STANDARDS LABOR ORGANIZATION INFORMATION REPORTS § 402.11 Attorney-client... communicated to such attorney by any of his clients in the course of a legitimate attorney-client relationship. ...

29 CFR 403.9 - Attorney-client communications exempted.

Science.gov (United States)

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Attorney-client communications exempted. 403.9 Section 403... LABOR-MANAGEMENT STANDARDS LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS § 403.9 Attorney-client... communicated to such attorney by any of his clients in the course of a legitimate attorney-client relationship. ...

29 CFR 404.5 - Attorney-client communications exempted.

Science.gov (United States)

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Attorney-client communications exempted. 404.5 Section 404... LABOR-MANAGEMENT STANDARDS LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS § 404.5 Attorney-client... communicated to such attorney by any of his clients in the course of a legitimate attorney-client relationship. ...

39 CFR 273.7 - Concurrence of Attorney General.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Concurrence of Attorney General. 273.7 Section 273... PROGRAM FRAUD CIVIL REMEDIES ACT § 273.7 Concurrence of Attorney General. (a) The Attorney General is... the Attorney General or his designee approves such action in a written statement which specifies: (1...

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.

4 CFR 28.89 - Attorney's fees and costs.

Science.gov (United States)

2010-01-01

... 4 Accounts 1 2010-01-01 2010-01-01 false Attorney's fees and costs. 28.89 Section 28.89 Accounts... Procedures Board Decisions, Attorney's Fees and Judicial Review § 28.89 Attorney's fees and costs. Within 20... party, may submit a request for the award of reasonable attorney's fees and costs. GAO may file a...

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

Science.gov (United States)

2010-02-23

.... Government can use to obtain more accurate information concerning the identities, corporate structures and... Government is currently undertaking a landmark effort to develop an intellectual property enforcement... intellectual property rights. By committing to common goals, the Government will more effectively and...

40 CFR 123.23 - Attorney General's statement.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Attorney General's statement. 123.23... PROGRAM REQUIREMENTS State Program Submissions § 123.23 Attorney General's statement. (a) Any State that seeks to administer a program under this part shall submit a statement from the State Attorney General...

28 CFR 80.8 - Attorney General opinion.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Attorney General opinion. 80.8 Section 80.8 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) FOREIGN CORRUPT PRACTICES ACT OPINION PROCEDURE § 80.8 Attorney General opinion. The Attorney General or his designee shall, within 30 days after...

40 CFR 233.12 - Attorney General's statement.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 24 2010-07-01 2010-07-01 false Attorney General's statement. 233.12... STATE PROGRAM REGULATIONS Program Approval § 233.12 Attorney General's statement. (a) Any State that seeks to administer a program under this part shall submit a statement from the State Attorney General...

32 CFR 776.4 - Attorney-client relationships.

Science.gov (United States)

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Attorney-client relationships. 776.4 Section 776... General § 776.4 Attorney-client relationships. (a) The executive agency to which assigned (DON in most cases) is the client served by each covered USG attorney unless detailed to represent another client by...

KNOWLEDGE MANAGEMENT PROCESSES AND INTELLECTUAL PROPERTY MANAGEMENT PROCESSES: AN INTEGRATED CONCEPTUAL FRAMEWORK

OpenAIRE

HENAO-CALAD, MONICA; RIVERA-MONTOYA, PAULA; URIBE-OCHOA, BEATRIZ

2017-01-01

ABSTRACT Intellectual property management, knowledge management are disciplines that have been treated independently, both in academia and in the organizational field. Through the legal discipline of intellectual property, the former manages intangible assets that are eligible for protection (copyright, patents and trademarks, among others) leaving aside those assets that cannot be realized in any way. The latter is devoted to the processes of knowledge management in general, namely, the know...

Intellectual Property in Creative Industries: The Economic Perspective

NARCIS (Netherlands)

C.W. Handke (Christian)

2016-01-01

textabstractThis chapter discusses essential elements of an economic analysis regarding the socio-economic implications of intellectual property (IP). The aim is to help scholars from various disciplines interested in the economic reasoning behind IP for creative industries to recognize logically

30 CFR 256.65 - Attorney General review.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 2 2010-07-01 2010-07-01 false Attorney General review. 256.65 Section 256.65... give due consideration to the views of the Attorney General. The Secretary may act on an assignment or transfer if the Attorney General has not responded to the request for consultation within 30 days of said...

46 CFR 201.20 - Attorneys at law.

Science.gov (United States)

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Attorneys at law. 201.20 Section 201.20 Shipping... PROCEDURE Appearance and Practice Before the Administration (Rule 2) § 201.20 Attorneys at law. Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or...

Atoms Want to Be Free Too! Expanding the Critique of Intellectual Property to Physical Goods

Directory of Open Access Journals (Sweden)

Johan Söderberg

2012-01-01

Full Text Available “Atoms are the new bits”. That is the latest buzz arising from the Californian trade press. What do we get when this dictum is sampled with the old rallying cry: “Information wants to be free”? We suggest that the predominant, bounded critique of intellectual property is thereby destabilised. Constitutive of that critique was the exceptionality attributed to information goods (bits vis-a-vis tangible goods (atoms. It was thus intellectual property could be presented as something altogether different from private property. We recognise that this way of framing the issue has had tactical advantages, but contend that it has stood in the way of a deeper understanding of what intellectual property is. When the critique of proprietary software is expanded by an emerging movement for open hardware development, however, the boundary between intellectual property and property as such crumbles. This enables us to renew our critique of the political economy of information.

African Innovation Research on Intellectual Property's Role in Open ...

International Development Research Centre (IDRC) Digital Library (Canada)

African Innovation Research on Intellectual Property's Role in Open Development ... thereby promoting globally competitive African industries and services. ... Furthermore, the measurement of innovation and knowledge production is based on ...

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 1980-2015), and des......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......-2015), and describe and analyze the co-evolution of strategic IP management and innovation ecosystems. Throughout this development, technologies and technological relationships were governed with different and shifting degrees of formality. Simultaneously, firms differentiated technology accessibility across actors...

Intellectual Property on Advertising Works (1)

OpenAIRE

梁瀬, 和男; Kazuo, YANASE

1999-01-01

In the deep depression of Japanese Economy, "advertising directly effective for selling" is now desired eagerly in many companies. Moreover, the drastic retrenchment in advertising budget strictly asks its efficiency and effective advertisng. As a result, the efficient accomplishment of advertising purpose may force intellectual property which comes into advertising works belong to advertisers. It is ideal for advertisers, ad agencies and prouction companies to make an agreement in document w...

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.

28 CFR 3.2 - Assistant Attorney General, Criminal Division.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Assistant Attorney General, Criminal... Attorney General, Criminal Division. The Assistant Attorney General, Criminal Division, is authorized to exercise the power and authority of and to perform the functions vested in the Attorney General by the Act...

28 CFR 16.29 - Delegation by Assistant Attorneys General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Delegation by Assistant Attorneys General... Assistant Attorneys General. With respect to any function that this subpart permits the designee of an Assistant Attorney General to perform, the Assistant Attorneys General are authorized to delegate their...

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.

28 CFR 48.14 - Decision by the Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Decision by the Attorney General. 48.14... Decision by the Attorney General. (a) The Attorney General shall decide, on the basis of the record as..., the Attorney General shall file therewith a statement of his findings and conclusions and the reasons...

Urgency of Attorney Governed by the Constitution

Directory of Open Access Journals (Sweden)

Rommy Patra

2015-12-01

Full Text Available Attorney existence in the Indonesian constitutional structure has a dilemma for this position. On one side is the Prosecutor’s law enforcement agencies to exercise power independently prosecution while on the other hand is part of a government institution under Law No. 16 of 2004 regarding the Attorney. The position of Attorney as an institution of government has been led to the independence of the Prosecutor is not optimal so that it appears stigma that the Prosecutor merely as a tool of the ruling power. In addition the terms of the arrangement just under the Act, the Attorney General has no legal standing as a constitutional organ that has the constitutional authority so that the current position does not reflect the urgency of its duties and functions. In an effort to organize the next Attorney institutions should be regulated directly by the Constitution. It is intended to make the Attorney as part of the main state organs have the same legal standing as other law enforcement agencies, the police and the courts (Supreme Court and Constitutional Court. As well as to strengthen and clarify the position as a state institution, prosecution authorities are focusing on the Attorney as central of authority, to fix the institutional relations between the members of law enforcement and related agencies and strengthen the independence of the Prosecutor in performing the function of prosecution in the constitutional structure of Indonesia.

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.

Asset evaluation methods for intellectual property

OpenAIRE

2012-01-01

M.Ing. With the introduction of "International Financial Reporting Standards" (IFRS) through out Europe in April 2001, there is a requirement to accurately report the value of all company assets. This will include by implication all intangible assets and Intellectual Property, such as patents, trademarks, copyrights, and know-how. Items that have not been recorded before are much more visible under IFRS and will need to be carefully interpreted by investors and analysts. In order to meet t...

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

Intellectual Property and Copyright Issues in Online Learning Environments.

Science.gov (United States)

Szanto, Edit

2001-01-01

Provides an overview of intellectual property and copyright issues as they relate to online learning environments. Includes a historical perspective; laws and regulations; liability; Web-related issues; higher education; distance learning; compliance strategies; and policy recommendations. (Author/LRW)

24 CFR 180.705 - Attorney's fees and costs.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Attorney's fees and costs. 180.705... Decision in Fair Housing Cases § 180.705 Attorney's fees and costs. Following the issuance of the final decision, any prevailing party, except HUD, may apply for attorney's fees and costs. The ALJ will issue an...

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.

Linking intellectual capital and intellectual property to company performance

Directory of Open Access Journals (Sweden)

Mohammad Reza

2016-12-01

Full Text Available The purpose of this paper is to measure the effects of intellectual capital components; namely, human capital, structural capital and relational capital on company performance in Iranian auto industry. The study uses a questionnaire consists of 100 questions to cover intellectual capital and company performance in Likert scale and it is distributed among 180 experts in one of Iranian auto industry. Cronbach alphas for intellectual capital components, i.e. human capital, relational capital and structural capital are 0.82, 0.80 and 0.80, respectively. In addition, Cronbach alpha for company performance is 0.82. Using structural equation modeling, the study has determined a positive and meaningful relationship between intellectual capital and company performance. The study has also determined a positive and meaningful relationship between human capital and structural capital. Among components of performance, efficiency maintained the highest effect while innovation represents the minimum effect.

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...... 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....... 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...

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…

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…

Management of intellectual property in the football clubs: technology strategy and tactics (for example, municipal institution of FC «Rubin»

Directory of Open Access Journals (Sweden)

Guzel I. Gumerova

2014-01-01

Full Text Available Objective to form the conceptual framework in the field of intellectual property management in football clubs to develop directions of intellectual property management development in FC quotRubinquot Kazan. Methods general scientific methods of theoretical and empirical knowledge. Results the notions quotintellectual property management in football clubsquot and quotmanagement of corporate image of the football clubquot are differentiated the methodological approach to the management of the company39s value is developed basing on tangible and intangible assets management the issues of intellectual property objects patenting in the Russian sports football are studied the management of Russian and foreign football clubs is analyszed th system of intellectual property management in FC quotRubinquot Kazan is diagnosed. Scientific novelty the authors have developed the method of evaluation of intellectual property management in the football club based on the methodology for assessing the value of the brands of football clubs by Brand Finance consulting company UK generic and specific indicators are distinguished in the intellectual property management in a football club as in the intellectual property and corporate image management. Practical value the recommendations are formulated in the format strategy and tactics techniques concerning the industrial property management confidential documented information copyright for the intellectual property management in FC quotRubinquot Kazan.

Attorney Argumentation and Supreme Court Opinions.

Science.gov (United States)

Benoit, William L.

1989-01-01

Investigates the relationship between argumentation advanced by attorneys in four Supreme Court cases and the reasoning proffered by the Court in its decisions in those cases. Finds attorney argumentation sometimes irrelevant to the Court's reasoning and sometimes adopted by the Court. Offers a perspective on argumentation and decision making to…

28 CFR 540.103 - Inmate telephone calls to attorneys.

Science.gov (United States)

2010-07-01

... attorneys when the inmate demonstrates that communication with attorneys by correspondence, visiting, or... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Inmate telephone calls to attorneys. 540.103 Section 540.103 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL...

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.

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.

28 CFR 55.23 - Enforcement by the Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Enforcement by the Attorney General. 55.23 Section 55.23 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) IMPLEMENTATION OF THE... Attorney General. (a) The Attorney General is authorized to bring civil actions for appropriate relief...

28 CFR 51.62 - Enforcement by the Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Enforcement by the Attorney General. 51.62 Section 51.62 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE... Attorney General. (a) The Attorney General is authorized to bring civil actions for appropriate relief...

Flexible intellectual property rights lead to greater innovation in Africa

International Development Research Centre (IDRC) Digital Library (Canada)

2016-04-27

Apr 27, 2016 ... The network is unique in offering a distinctly African perspective on the global intellectual property and innovation agenda. ... Case studies illustrate this balance: ... Unlocking the potential of Africa's young entrepreneurs.

The intellectual property cookbook: a guide for the novice health-care telemedicine provider working with industry.

Science.gov (United States)

Beauregard, D; Beauregard, G

2000-01-01

Telemedicine is a new field and many health-care providers are developing their own products with the help of industry. Most practitioners are novices in the legal tools necessary to protect their own work with regard to any future commercialization. To summarize these issues for the telemedicine practitioner, a review of intellectual property protection has been performed. Intellectual property can be protected by tools such as copyrights, patents, non-disclosure and confidentiality agreements, integrated circuit topographies and industrial design. Knowledge of the intellectual property background should allow telemedicine providers to protect their own work when working with industry.

Intellectual property issues in holography and high tech

Science.gov (United States)

Reingand, Nadya

2004-06-01

The author with technical education background (Ph.D. in holography) shares her 3+ years of experience working on intellectual property (IP) issues that includes patents, trademarks, and copyrights. A special attention is paid to the patent issues: the application procedure, the patent requirements, the databases for prior art search, how to make the cost efficient filing.

28 CFR 79.70 - Attorney General's delegation of authority.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Attorney General's delegation of... RADIATION EXPOSURE COMPENSATION ACT Procedures § 79.70 Attorney General's delegation of authority. (a) An... claim filed under the Act, and otherwise act on behalf of the Attorney General in all other matters...

Intellectual property rights and standardization. The case of GSM

NARCIS (Netherlands)

Bekkers, R.N.A.; Verspagen, B.; Smits, J.M.

2002-01-01

This paper investigates the role of intellectual property rights (IPRs) in the process of standardization in the telecommunications industry. We take the global system for mobile communications (GSM) case as a highly relevant example, being part of a high-tech industry in which standards play a

28 CFR 40.13 - Review by the Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Review by the Attorney General. 40.13... Procedures for Obtaining Certification of a Grievance Procedure § 40.13 Review by the Attorney General. The Attorney General shall review and respond to each application as promptly as the circumstances, including...

24 CFR 107.65 - Referral to the Attorney General.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Referral to the Attorney General... Referral to the Attorney General. If the results of a complaint investigation or a compliance review... appropriate cases shall recommend that the General Counsel refer the case to the Attorney General of the...

The Policies Concerning the Strength of Intellectual Property Rights Protection: The Choices for Estonia in Wider Context of EU

Directory of Open Access Journals (Sweden)

Tõnu Roolaht

2013-01-01

Full Text Available The foreign direct investment (FDI can be substitute for the contractual transfer of intellectual property rights in a situation where these rights are weakly protected. Hence, stronger intellectual property rights protection may reduce incentives for FDI. This is, however, only one line of reasoning. Stronger intellectual property protection can also increase motivation to invest into completely new products and processes. Thus, from the slightly different perspective FDI and strength of intellectual property protection can be seen as complementary. This duality of impact makes the search for efficient protection very difficult and complex. The aim of this paper is to outline the policy choices open for Estonia in influencing the relative strength of intellectual property rights protection and its impact on FDI. The vital secondary research agenda by this concerns the influence of EU-membership on the autonomy of such policy choices. Given the fact that there exist European patents and patent registry, certain intellectual property rights protection measures and legislative practices are undoubtedly pre-determined by this embeddedness into EU-wide protection systems. The national level policies and enforcement issues may still vary.

The evolution of intellectual property strategy in innovation ecosystems

DEFF Research Database (Denmark)

Holgersson, Marcus; Granstrand, Ove; Bogers, Marcel

2018-01-01

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 1980-2015), and des......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...... and technologies to benefit from openness and appropriation of innovation. Our analysis shows that the discussion of competitiveness and appropriability needs to be expanded from the focal appropriability regime and complementary assets to the larger context of the innovation ecosystem and its cooperative...... and competitive actor relations, with dispersed complementary and substitute assets and technologies. Consequently, the shaping of complementary and substitute appropriability regimes is central when strategizing in dynamic and systemic innovation contexts. This holds important implications for the management...

28 CFR 36.503 - Suit by the Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Suit by the Attorney General. 36.503... discretion, the Attorney General may commence a civil action in any appropriate United States district court if the Attorney General has reasonable cause to believe that— (a) Any person or group of persons is...

A Study on the Management of Intellectual Property for the Pending Projects in KAERI

International Nuclear Information System (INIS)

Chung, W. S.; Yang, M. H.; Yun, S. W.; Lee, D. S.

2011-01-01

This study is to analysis legal status of intellectual property of the Jordan Researching and Training Reactor(JRTR). To get the goals, researching internal and international laws related with intellectual properties and reviewing the JRTR project are performed. Not only technology itself but also human resources joined the project are considered to find best solution for management. This study will be a good base for the JRTR project itself and other similar projects

28 CFR 902.6 - Appeal to the Attorney General.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Appeal to the Attorney General. 902.6... ADJUDICATION PROCEDURES § 902.6 Appeal to the Attorney General. (a) The Federal Bureau of Investigation or a Compact Party State may appeal the decision of the Council to the U.S. Attorney General pursuant to...

29 CFR 1601.29 - Referral to the Attorney General.

Science.gov (United States)

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Referral to the Attorney General. 1601.29 Section 1601.29... of Civil Actions § 1601.29 Referral to the Attorney General. If the Commission is unable to obtain... shall inform the Attorney General of the appropriate facts in the case with recommendations for the...

10 CFR 430.54 - Referral to the Attorney General.

Science.gov (United States)

2010-01-01

... 10 Energy 3 2010-01-01 2010-01-01 false Referral to the Attorney General. 430.54 Section 430.54... Business Exemptions § 430.54 Referral to the Attorney General. Notice of the application for exemption under this subpart shall be transmitted to the Attorney General by the Secretary and shall contain (a) a...

12 CFR 19.194 - Eligibility of attorneys and accountants to practice.

Science.gov (United States)

2010-01-01

... certified public accountant or public accountant and is not currently under suspension or debarment by the... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Eligibility of attorneys and accountants to... Conduct § 19.194 Eligibility of attorneys and accountants to practice. (a) Attorneys. Any attorney who is...

45 CFR 1609.4 - Accounting for and use of attorneys' fees.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Accounting for and use of attorneys' fees. 1609.4... CORPORATION FEE-GENERATING CASES § 1609.4 Accounting for and use of attorneys' fees. (a) Attorneys' fees... to support the representation. (b) Attorneys' fees received shall be recorded during the accounting...

10 CFR 820.72 - Referral to the Attorney General.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Referral to the Attorney General. 820.72 Section 820.72... Referral to the Attorney General. If there is reason to believe a criminal violation of the Act or the DOE Nuclear Safety Requirements has occurred, DOE may refer the matter to the Attorney General of the United...

What Business Students Should Know about Attorney-Client Privilege

Science.gov (United States)

Draba, Robert; Marshall, Brent

2012-01-01

The case law on attorney-client privilege is extensive and can be somewhat complex. Over seven hundred articles in Westlaw, for example, have the phrase "attorney-client privilege" in the title; in the last three years alone, there have been over 3700 federal cases in which the phrase "attorney-client privilege" appears at least once. However,…

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

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

28 CFR 51.42 - Failure of the Attorney General to respond.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Failure of the Attorney General to... Failure of the Attorney General to respond. It is the practice and intention of the Attorney General to respond to each submission within the 60-day period. However, the failure of the Attorney General to make...

37 CFR 1.32 - Power of attorney.

Science.gov (United States)

2010-07-01

... COMMERCE GENERAL RULES OF PRACTICE IN PATENT CASES National Processing Provisions Prosecution of Application and Appointment of Attorney Or Agent § 1.32 Power of attorney. (a) Definitions. (1) Patent... means a written document by which a principal authorizes one or more patent practitioners or joint...

INTELLECTUAL PROPERTY PROTECTION AND THE INTERNATIONAL MARKETING OF AGRICULTURAL BIOTECHNOLOGY: FIRM AND HOST COUNTRY IMPACTS

OpenAIRE

Goldsmith, Peter D.; Ramos, Gabriel; Steiger, Carlos

2001-01-01

The protection of intellectual property rights has been a contentious issue over the last 20 years. Industrialized nations have moved to knowledge-based economies and simultaneously trade barriers have fallen, making intellectual property vulnerable. Adding to this vulnerability are conflicting international institutional environments, belief systems, and economic realities. The debate over IPR protection has become a significant global trade issue pitting the net- technology producing North ...

19 CFR 201.15 - Attorneys or agents.

Science.gov (United States)

2010-04-01

... to the satisfaction of the Commission his acceptability in that capacity. Any attorney or agent.... (b) Former officers or employees. No former officer or employee of the Commission who personally and... matter. No former officer or employee of the Commission shall be eligible to appear as attorney or agent...

28 CFR 17.11 - Authority of the Assistant Attorney General for Administration.

Science.gov (United States)

2010-07-01

... Assistant Attorney General for Administration. (a) The Assistant Attorney General for Administration is... Assistant Attorney General for Administration shall appoint a Department Security Officer and may delegate... necessary to effectively implement this part. (b) The Assistant Attorney General for Administration shall...

Traditional Knowledge, Biological Resources and Intellectual Property Rights in Asia: The Example of the Philippines

OpenAIRE

Antons, Christoph

2007-01-01

The relationship between traditional knowledge and intellectual property rights has become a topic for intensive debates at the national level, in various international settings and within and among different UN agencies, including the World Intellectual Property Organisation (WIPO), the UN Food and Agriculture Organisation (FAO), UNESCO, UNCTAD and the United Nations Environment Programme (UNEP). However, a consensus on a definition of traditional knowledge has yet to emerge due to persisten...

28 CFR 65.83 - Assistance required by the Attorney General.

Science.gov (United States)

2010-07-01

... General. The Attorney General may request assistance from a State or local government in the... of INS, who shall, in turn, certify to the Attorney General, that the number of asylum applications... for asylum in the district. (b) The Attorney General determines that there exist circumstances...

Regional District Attorney's Offices - Alaska Department of Law

Science.gov (United States)

District Stephen B. Wallace, District Attorney Physical Address: 204 Chief Eddie Hoffman Hwy. Bethel, AK Hours M-TH 8-4:30, F 8-12 Kenai - 3rd Judicial District Scot H. Leaders, District Attorney Trading Bay

SPECIFIC FEATURES OF STATUS OF ATTORNEYS WORKING AT THE ATTORNEYS' CONSULTATIONS AT VOLOGDA DISTRICT COURT

Directory of Open Access Journals (Sweden)

Сергей Евгеньевич Страхов

2013-12-01

Full Text Available In contemporary world plays a significant role institute legal profession. In anticipation of the reforms the legal community is important to explore this institution not only at the present stage, but also to trace its development in history.The purpose of this research - to characterize the status of the problematic aspects of a barrister in their relationship with the status of Consultations attorneys at the district courts by the example of consultations with attorneys Vologda district court.Scientific and practical significance of the work lies in the fact that the historical study of the subject will adopt a positive historical experience and avoid repeating mistakes.The author uses historical, comparative, hermeneutical , mathematical methods, as well as general methods of scientific research.The author analyzes the performance of consultations with attorneys Vologda district court at the beginning of the XX century , concluding that the consultation attorneys in the Vologda district court is not an organ of the community of barristers and voluntary association of individuals for the convenience of the organization of professional work .The results of this study provide scientific and practical value , as may be applicable both for the training of students in the disciplines of "legal profession" and "History of State and Law", and in practice - in the drafting of the reform of the legal profession.DOI: http://dx.doi.org/10.12731/2218-7405-2013-10-17

31 CFR 515.529 - Powers of attorney.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Powers of attorney. 515.529 Section 515.529 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF.... (c) This section does not authorize the creation of any power of attorney in favor of any person...

31 CFR 500.529 - Powers of attorney.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Powers of attorney. 500.529 Section 500.529 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... section does not authorize the creation of any power of attorney in favor of any person outside of the...

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…

28 CFR 600.2 - Alternatives available to the Attorney General.

Science.gov (United States)

2010-07-01

... GENERAL POWERS OF SPECIAL COUNSEL § 600.2 Alternatives available to the Attorney General. When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may: (a) Appoint a Special Counsel; (b) Direct that an initial...

Towards an Intellectual Property Rights Strategy for Innovation in Europe

NARCIS (Netherlands)

Radauer, Alfred; Rodriguez, V.F.

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’.

Intellectual Property Rights in the Australian University Context: An Overview.

Science.gov (United States)

Ricketson, Sam

1993-01-01

The existing legal position of Australian universities with respect to ownership and exploitation of intellectual property by faculty, students, and outside consultants is described. Issues requiring attention are noted, including resources for exploitation, sharing of proceeds, and copyright considerations; and some possible solutions are…

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.

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…

Does Attorney Advertising Influence Patient Perceptions of Pelvic Mesh?

Science.gov (United States)

Tippett, Elizabeth; King, Jesse; Lucent, Vincent; Ephraim, Sonya; Murphy, Miles; Taff, Eileen

2018-01-01

To measure the relative influence of attorney advertising on patient perceptions of pelvic mesh compared with a history of surgery and a first urology visit. A 52-item survey was administered to 170 female patients in 2 urology offices between 2014 and 2016. Multiple survey items were combined to form scales for benefit and risk perceptions of pelvic mesh, perceptions of the advertising, attitudes toward pelvic mesh, and knowledge of pelvic mesh and underlying medical conditions. Data were analyzed using hierarchical linear regression models. Exposure to attorney advertising was quite high; 88% reported seeing a mesh-related attorney advertisement in the last 6 months. Over half of patients reported seeing attorney advertisements more than once per week. A history of prior mesh implant surgery was the strongest predictor of benefit and risk perceptions of pelvic mesh. Exposure to attorney advertising was associated with higher risk perceptions but did not significantly affect perceptions of benefits. Past urologist visits increased perceptions of benefits but had no effect on risk perceptions. Attorney advertising appears to have some influence on risk perceptions, but personal experience and discussions with a urogynecologist or urologist also influence patient perceptions. Implications, limitations, and future research are discussed. Copyright © 2017 Elsevier Inc. All rights reserved.

77 FR 17095 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Cellco...

Science.gov (United States)

2012-03-23

... House'') have filed written notifications simultaneously with the Attorney General and the Federal Trade... and intellectual property relating to enhanced integration of wireline and wireless products, services...

6 CFR 25.10 - Confidentiality and protection of Intellectual Property.

Science.gov (United States)

2010-01-01

... 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 SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.10 Confidentiality and...

Trade Relatedness of Intellectual Property Rights: Finding the Real Connections.

Science.gov (United States)

Dhar, Biswajit; Rao, C. Niranjan

1996-01-01

Argues that the proposals regarding patenting which are included in the international Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will strengthen existing trade monopolies and adversely influence technology diffusion between the northern and southern hemisphere. Notes that such an outcome could diminish market…

INTELLECTUAL PROPERTY IN ARCHITECTURE: BETWEEN LEGISLATIONS AND ETHICAL MANIFESTATIONS WITH SPECIAL REFERENCE TO THE EGYPTIAN CASE

OpenAIRE

Nehad Mohamed Eweda

2011-01-01

Several international and local legislations have been enacted to protect intellectual property rights. Nevertheless, legislations cannot alone provide protection for architects, and defend the right of owners over architectural products. The importance of this research paper is derived from the hypothesis that accepting, fostering and valuing intellectual property in architecture education and practice are similarly essential to enacting laws. This paper is an analytical discussion of intell...

Intellectual Property and Innovation

CERN Multimedia

CERN. Geneva

2017-01-01

Francis Gurry has led WIPO as Director General since 1st October, 2008. He was reappointed in May 2014 for a second six-year term, which runs until September 2020. Under his leadership, WIPO is addressing major challenges. These include managing the stress on the international patent and copyright systems produced by rapid technological change, by globalisation and increased demand; reducing the knowledge gap between developed and developing countries; and ensuring that the intellectual property (IP) system serves its fundamental purpose of encouraging creativity and innovation in all countries. Every year, WIPO publishes the Global Innovation Index (GII), which provides detailed metrics about the innovation performance of countries and economies around the world. The 2016 edition highlighted CERN as an example of successful, regional innovation initiatives. In this seminar Mr. Gurry will share his knowledge and views on the role of IP in innovation. You can read a message from Mr. Gurry here : http://...

Enforcement of Intellectual Property Rights – Blessing or Curse? A ...

African Journals Online (AJOL)

adhesion of Mauritius to the World Trade Organisation (WTO). It examines the harsh response of the law enforcement institutions and the heavy price that weaker and more vulnerable people have had to pay and queries whether Mauritius implemented the Trade Related Aspects of Intellectual Property Rights agreement ...

Academic Intellectual Property in a New Technological and Industrial Context.

Science.gov (United States)

Spearritt, Peter; Thomas, Julian

1996-01-01

Practical and policy questions concerning intellectual property are considered in the context of advancing information technology and expanding international exchange of ideas, and specifically as they are or need to be addressed by Australian copyright and patent law. A 1995 discussion paper by the Australian Vice-Chancellors' Committee is…

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

Democratizing intellectual property systems : how corruption hinders equal opportunities for firms

NARCIS (Netherlands)

Paunov, C.

2014-01-01

This paper analyses how corruption affects firms’ ownership of intellectual property titles that relate to firms’ technological, organizational and further innovation efforts: quality certificates and patents. Using firm-level data covering 48 developing and emerging countries, we show corruption

A study on the management of intellectual property for the pending projects in KAERI

International Nuclear Information System (INIS)

Chung, W. S.; Yun, S. W.; Lee, D. S.; Hong, S. W.; Kim, T. S.

2012-01-01

This study targeted researching a main character of intellectual property and response strategy regarding a nuclear research reactor project in the ANSI region. The study shows that each member country of the ANSI has its own registering system of patent and other intellectual property. Moreover, we confirmed that there was no previously registered patent in Malaysia, Singapore, Thailand, Vietnam, and Indonesia that have an intent to import research reactor. As a result of this study we suggest that registering patent relating a nuclear research reactor not only in potential importing countries but also in major nuclear countries are preferable because this approach is a more basic strategy for technology and market protection. Although major nuclear country or company has own essential or unique patent regarding nuclear side, our registering that type of patent to potential importing countries is also valid for banning rival company's intrusion to the market and get a better position for negotiation with importing country as first register of intellectual property keeps a priority in the country

A study on the management of intellectual property for the pending projects in KAERI

Energy Technology Data Exchange (ETDEWEB)

Chung, W. S.; Yun, S. W.; Lee, D. S.; Hong, S. W.; Kim, T. S.

2012-01-15

This study targeted researching a main character of intellectual property and response strategy regarding a nuclear research reactor project in the ANSI region. The study shows that each member country of the ANSI has its own registering system of patent and other intellectual property. Moreover, we confirmed that there was no previously registered patent in Malaysia, Singapore, Thailand, Vietnam, and Indonesia that have an intent to import research reactor. As a result of this study we suggest that registering patent relating a nuclear research reactor not only in potential importing countries but also in major nuclear countries are preferable because this approach is a more basic strategy for technology and market protection. Although major nuclear country or company has own essential or unique patent regarding nuclear side, our registering that type of patent to potential importing countries is also valid for banning rival company's intrusion to the market and get a better position for negotiation with importing country as first register of intellectual property keeps a priority in the country.

40 CFR 95.3 - Findings prior to application to Attorney General.

Science.gov (United States)

2010-07-01

... Attorney General. 95.3 Section 95.3 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED... General. The Administrator, or the Administrator's designee, may apply to the Attorney General for a... application to the Attorney General; (c) The patent under which a patent license is sought in the application...

The Consistency Of High Attorney Of Papua In Corruption Investigation

Directory of Open Access Journals (Sweden)

Samsul Tamher

2015-08-01

Full Text Available This study aimed to determine the consistency of High Attorney of Papua in corruption investigation and efforts to return the state financial loss. The type of study used in this paper is a normative-juridical and empirical-juridical. The results showed that the High Attorney of Papua in corruption investigation is not optimal due to the political interference on a case that involving local officials so that the High Attorney in decide the case is not accordance with the rule of law. The efforts of the High Attorney of Papua to return the state financial loss through State Auction Body civil- and criminal laws.

76 FR 45297 - Certification of the Attorney General; Panola County, Mississippi

Science.gov (United States)

2011-07-28

... DEPARTMENT OF JUSTICE Certification of the Attorney General; Panola County, Mississippi In... within the scope of the determinations of the Attorney General and the Director of the Census made under... 7, 1965. See 30 FR 9897). Dated: July 22, 2011. Eric H. Holder Jr., Attorney General of the United...

76 FR 12369 - Certification of the Attorney General; Maricopa County, Arizona

Science.gov (United States)

2011-03-07

... DEPARTMENT OF JUSTICE Certification of the Attorney General; Maricopa County, Arizona In... within the scope of the determinations of the Attorney General and the Director of the Census made under... September 23, 1975 (40 FR 43746). Dated: March 3, 2011. Eric H. Holder Jr., Attorney General of the United...

49 CFR 580.15 - Certification by person exercising powers of attorney.

Science.gov (United States)

2010-10-01

... 49 Transportation 7 2010-10-01 2010-10-01 false Certification by person exercising powers of... DISCLOSURE REQUIREMENTS § 580.15 Certification by person exercising powers of attorney. (a) A person who... person exercising the power of attorney; (2) The address of the person exercising the power of attorney...

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…

Intellectual Property Protection of Software – At the Crossroads of Software Patents and Open Source Software

OpenAIRE

Tantarimäki, Maria

2018-01-01

The thesis considers the intellectual property protection of software in Europe and in the US, which is increasingly important subject as the world is globalizing and digitalizing. The special nature of software has challenges the intellectual property rights. The current protection of software is based on copyright protection but in this thesis, two other options are considered: software patents and open source software. Software patents provide strong protection for software whereas the pur...

28 CFR 59.5 - Functions and authorities of the Deputy Assistant Attorneys General.

Science.gov (United States)

2010-07-01

... Assistant Attorneys General. 59.5 Section 59.5 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED... authorities of the Deputy Assistant Attorneys General. The functions and authorities of the Deputy Assistant Attorneys General set out in this part may at any time be exercised by an Assistant Attorney General, the...

28 CFR 600.9 - Notification and reports by the Attorney General.

Science.gov (United States)

2010-07-01

... GENERAL POWERS OF SPECIAL COUNSEL § 600.9 Notification and reports by the Attorney General. (a) The Attorney General will notify the Chairman and Ranking Minority Member of the Judiciary Committees of each... which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or...

75 FR 8994 - Certification of the Attorney General; Williamson County, TX

Science.gov (United States)

2010-02-26

... DEPARTMENT OF JUSTICE Certification of the Attorney General; Williamson County, TX In accordance... within the scope of the determinations of the Attorney General and the Director of the Census made under... September 23, 1975 (40 FR 43,746). Dated: February 23, 2010. Eric H. Holder Jr., Attorney General of the...

CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA

Directory of Open Access Journals (Sweden)

Paul-George BUTA

2014-05-01

Full Text Available The article takes a look at provisions in the Code of Civil Procedure dealing with the provisional measures that can be requested by the intellectual property right-holder in case of apparent infringements of his rights. Starting from the goals of such regulation, as provided by Directive 48/2004, the article examines what could be the hurdles imposed by the Romanian legislator (mostly by not providing sufficiently tailored means in respect of intellectual property rights on the right-holder and proposes that, in light of the problems as reflected in the courts' practice, a legislative intervention be undertaken in order to better adapt the means to the purpose envisaged.

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.

75 FR 31464 - Certification of the Attorney General; Shannon County, SD

Science.gov (United States)

2010-06-03

... DEPARTMENT OF JUSTICE Certification of the Attorney General; Shannon County, SD In accordance with... within the scope of the determinations of the Attorney General and the Director of the Census made under...., Attorney General of the United States. [FR Doc. 2010-13285 Filed 6-2-10; 8:45 am] BILLING CODE P ...

47 CFR 1.1507 - Rulemaking on maximum rates for attorney fees.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 1 2010-10-01 2010-10-01 false Rulemaking on maximum rates for attorney fees... § 1.1507 Rulemaking on maximum rates for attorney fees. (a) If warranted by an increase in the cost of... types of proceedings), the Commission may adopt regulations providing that attorney fees may be awarded...

Intellectual property and innovation in agriculture and health - DOI: 10.3395/reciis.v2i2.194en

Directory of Open Access Journals (Sweden)

Antonio Marcio Buainain

2009-03-01

Full Text Available 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 created an institutional brand suitable for the intellectual property protection, however, that brand is only one condition, in some necessary sectors, but not enough, to promote innovation. It needs, more than appropriate rules, to develop the capacity to innovate and create an innovation friendly environment. Intellectual property is only one, without doubt important, element of this complex system. It has taken agriculture to illustrate how intellectual property needs to be followed up by investments in human resources, local training,business demand, private-public interaction, in order to yield fruit and promote the country’s development.

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 ...

20 CFR 1002.292 - What can the Attorney General do about the complaint?

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What can the Attorney General do about the... § 1002.292 What can the Attorney General do about the complaint? (a) If the Attorney General is... rights or benefits sought, the Attorney General may appear on his or her behalf and act as the individual...

32 CFR 644.67 - Approval of Title by the Attorney General.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Approval of Title by the Attorney General. 644.67... § 644.67 Approval of Title by the Attorney General. (a) General. Section 355 of the Revised Statutes of... delegated to the Department of the Army, subject to the supervision and review of the Attorney General...

32 CFR 842.121 - Referring a claim to the US Attorney.

Science.gov (United States)

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Referring a claim to the US Attorney. 842.121 Section 842.121 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND... to the US Attorney. Only HQ USAF/JACC authorizes referral of a claim to the US Attorney. The base SJA...

Innovation and Competition: Conflicts over Intellectual Property Rights in New Technologies.

Science.gov (United States)

Samuelson, Pamela

1987-01-01

Addresses conditions and concerns involved in accommodating the interests of both innovators of new technologies and the general public. Discusses the tension that exists in intellectual property law between innovators and competitors. Focuses on cases dealing with computer software and semiconductor chip designs, genetically-engineered life…

28 CFR 0.164 - Civil claims that may be closed by Assistant Attorneys General.

Science.gov (United States)

2010-07-01

... Assistant Attorneys General. 0.164 Section 0.164 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION... General. Assistant Attorneys General are authorized, with respect to matters assigned to their respective... proposed closing should receive the personal attention of the Attorney General, the Deputy Attorney General...

41 CFR 102-75.280 - What information concerning a proposed disposal must a disposal agency provide to the Attorney...

Science.gov (United States)

2010-07-01

... applicability of antitrust laws? 102-75.280 Section 102-75.280 Public Contracts and Property Management Federal... PROPERTY DISPOSAL Surplus Real Property Disposal Applicability of Antitrust Laws § 102-75.280 What... the applicability of antitrust laws? The disposal agency must promptly provide the Attorney General...

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

Faktor-Faktor yang Mempengaruhi Pengungkapan Intellectual Capital Pada Perusahaan Property dan Real Estate

Directory of Open Access Journals (Sweden)

Soraya faradina

2016-01-01

Full Text Available The purpose of this research is to find out the effect of firm age, firm size, leverage, profitability and concentration of ownership on intellectual capital disclosure. The sample of this study is from property and real estate firm that listed on Indonesian Stock Exchange from 2010 until 2014. This research using purposive sampling method, to determine the sample of this research with 80 companies as population and 16 companies as sample. This research using multiple linear regression analyzed method by SPSS program version 22 for windows. Partially, the results of this research indicate that only firm size has an effect on intellectual capital disclosure, while firm age, leverage, profitability and concentration of ownership do not have an effect on intellectual capital disclosure. The result also indicates that firm age, firm size, leverage, profitability and concentration of ownership simultaneously have an effect on intellectual capital disclosure.DOI: 10.15408/ess.v5i2.2350

Define the author. From intellectual property to the rights and literature movement

Directory of Open Access Journals (Sweden)

Julio Cesar Padilla Herrera

2013-12-01

Full Text Available In legal research the definition of the author is generally approached from the perspective of intellectual property, where the author is considered the owner of exclusive rights in a closed-ended arrangement. But another and perhaps more appropriate approach is the one found in literary criticism, located here at the crossroads of law and literature. Based on this latter approach, the intention is to shed light on certain interpretative elements that broaden the one-track definition of author based on intellectual property. Consequently, this paper discusses the notion of authorship that exists in copyright law and in the area of literary criticism with two purposes: first, to criticize the paradigm of autonomy of the individual creator / owner and second, to provide additional criteria to overcome the univocal meaning of the definition of author.

A consumer perspective of advertising by attorneys

Directory of Open Access Journals (Sweden)

C. Boshoff

1991-06-01

Full Text Available Attorneys in South Africa may soon be permitted to advertise their services for the first time. This recommendation put forward by the Association of Law Societies, though still to be ratified by the four provincial law societies, has come amid increasing competition between attorneys and non- professionals. The marketing fraternity is, however, uncertain as to how members of the public are likely to react to legal services advertising. This study attempts to provide some tentative guidelines for decision-making on advertising by attorneys. Interested parties like attorneys, marketing consultants, and advertising agencies could use the researched information to structure marketing communication strategies which will not transgress the ethical code of the attorneys' profession, but which will satisfy the information needs of consumers. The study reports the findings of a survey conducted among 1 000 members of the public. Indications are that consumers not only think that advertising should be permitted, but also that it will benefit both themselves and the legal profession. Opsomming Prokureurs mag moontlik binnekort toegelaat word om hul dienste te adverteer. Die aanbeveling van die Vereniging van Prokureursordes, wat nog deur die vier provinsiale wetsgenootskappe bekragtig moet word, is geneem as gevolg van toenemende mededinging tussen prokureurs en nie-professionele praktisyns. Bemarkingsdeskundiges is egter onseker oor wat die publiek se reaksie sal wees. Die studie poog om enkele tentatiewe riglyne voor te stel vir bemarkingskommunikasiestrategieë wat nie die regsprofessie se etiese kode sal oortree nie, maar tog voldoende inligting aan verbruikers sal beskikbaar stel. Die bevindinge van 'n opname onder 1 000 lede van die publiek dui daarop dat reklame nie alleen verwelkom sal word nie, maar dat dit moontlik tot voordeel van sowel die publiek as die regsprofessie sal strek.

ELECTRONIC PUBLISHING AND THE EVOLVING INTERNATIONAL INTELLECTUAL PROPERTY REGIME

OpenAIRE

D. Langenberg

2000-01-01

As we leave the Industrial Age behind us and move into the Information Age, the transition from “bricks and mortar” commerce to electronic commerce and from paper to electronic publishing pose major challenges for international intellectual property regimes. Electronic commerce has taken off. Whatever concerns about consumer acceptance there were five years ago have given way to “click and mortar” business models where e-commerce has an established role complementing traditional commerce. The...

Intellectual property right protection and its effects in North-South product cycles with innovation, adaption and imitation

OpenAIRE

Pättiniemi, Emmi

2015-01-01

The significance of knowledge and innovation has become an increasingly important part of international trade. Consequently, there have been continuous efforts to globally improve protection of intellectual property rights (IPRs) through international trade agreements related to IPRs. The most comprehensive agreement is the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) that came into force on 1st of January 1995. As a founding part of World Trade Organization (WTO...

28 CFR 5.1101 - Copies of the Report of the Attorney General.

Science.gov (United States)

2010-07-01

... Attorney General. Copies of the Report of the Attorney General to the Congress on the Administration of the... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Copies of the Report of the Attorney General. 5.1101 Section 5.1101 Judicial Administration DEPARTMENT OF JUSTICE ADMINISTRATION AND...

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...

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...

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

Science.gov (United States)

2010-09-30

... DEPARTMENT OF COMMERCE International Trade Administration Government Programs To Assist Businesses Protect Their Intellectual Property Rights (IPR) in Foreign Markets: Request of the International Trade... Property Rights, International Trade Administration, Department of Commerce. ACTION: Request for written...

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.

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.

75 FR 14070 - Redelegation of Authority of Assistant Attorney General, Civil Division, to Branch Directors...

Science.gov (United States)

2010-03-24

... Attorney General, Civil Division, to Branch Directors, Heads of Offices and United States Attorneys in Civil Division Cases AGENCY: Office of the Assistant Attorney General, Civil Division, Department of... General of the Civil Division to branch directors, heads of offices, and United States Attorneys. On May...

28 CFR 65.84 - Procedures for the Attorney General when seeking State or local assistance.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Procedures for the Attorney General when... the Attorney General when seeking State or local assistance. (a)(1) When the Attorney General... President has determined that an immigration emergency exists, the Attorney General shall negotiate the...

19 CFR 111.35 - Acceptance of fees from attorneys.

Science.gov (United States)

2010-04-01

... 19 Customs Duties 1 2010-04-01 2010-04-01 false Acceptance of fees from attorneys. 111.35 Section... OF THE TREASURY CUSTOMS BROKERS Duties and Responsibilities of Customs Brokers § 111.35 Acceptance of... arrangement with an attorney) on account of any case litigated in any court of law or on account of any other...

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

Science.gov (United States)

2011-10-17

... the second largest economy in the world, China continues to attract U.S. businesses interested in...] Request for Comments on Intellectual Property Enforcement in China AGENCY: United States Patent and...: As China has become a major trading partner for the United States, U.S. rights holders are...

28 CFR 0.160 - Offers that may be accepted by Assistant Attorneys General.

Science.gov (United States)

2010-07-01

... Attorneys General. 0.160 Section 0.160 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE..., Penalties, and Forfeitures § 0.160 Offers that may be accepted by Assistant Attorneys General. (a) Subject to the limitations set forth in paragraph (d) of this section, Assistant Attorneys General are...

28 CFR 0.162 - Offers which may be rejected by Assistant Attorneys General.

Science.gov (United States)

2010-07-01

... Attorneys General. 0.162 Section 0.162 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE..., Penalties, and Forfeitures § 0.162 Offers which may be rejected by Assistant Attorneys General. Each Assistant Attorney General is authorized, with respect to matters assigned to his division or office, to...

28 CFR 30.11 - What are the Attorney General's obligations in interstate situations?

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false What are the Attorney General's... INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS AND ACTIVITIES § 30.11 What are the Attorney General's obligations in interstate situations? (a) The Attorney General is responsible for: (1) Identifying proposed...

32 CFR 776.53 - Responsibilities of the Judge Advocate General and supervisory attorneys.

Science.gov (United States)

2010-07-01

... of the Judge Advocate General and supervisory attorneys. (a) Responsibilities of the Judge Advocate General and supervisory attorneys. (1) The JAG and supervisory attorneys shall make reasonable efforts to... 32 National Defense 5 2010-07-01 2010-07-01 false Responsibilities of the Judge Advocate General...

28 CFR 30.10 - How does the Attorney General make efforts to accommodate intergovernmental concerns?

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false How does the Attorney General make... the Attorney General make efforts to accommodate intergovernmental concerns? (a) If a state process... form as the Attorney General in his or her discretion deems appropriate. The Attorney General may also...

Reconstruction of Furniture Production as Potential and Reputable Intellectual Property Rights (IPR Creative Design Model

Directory of Open Access Journals (Sweden)

husen hendriyana

2017-10-01

Full Text Available Along with recent rapid development of science, technology, art and culture, through research institutions from the central to the local level, the government seriously activates enhancement and protection of the intellectual products of the nation. Such as protection of intellectual property rights against irresponsible plagiarism. This is due to that the appearance, process, or invention steps of the creative furniture designer in the society or in the academic environment have the potential and the opportunity to be registered as Intellectual Properties (IP or gain Intellectual Property Rights (IPR. Besides aiming to lift up the state or institutions achievement and attainment of intellectual property rights internationally, the added value also can be developed in the direction of economic upgrade. Research on furniture products designs have been numerously carried out with various objects and cases, yet the diversity of the subject character and creative processes still have not well defined so they enrich the model of creative process design. This study aims to identify, classify and formulate a potential furniture design model of creative process and IPR standard, through methods PAR. The results of this study are (1 prototype of furniture design products, (2 the creative process model and the construction methods process of furniture design with a concept or a specific theme; (3 Registration of IPR; (4 Scientific manuscript. Seiring dengan perkembangan ilmu pengetahuan, teknologi, seni dan budaya yang marak dewasa ini, melalui lembaga penelitian dari tingkat pusat sampai ketingkat daerah, pemerintah semakin serius menggalangkan peningkatan dan perlindungan terhadap produk intelektual anak bangsa. Salah satu contoh di antaranya adalah perlindungan terhadap hak kekayaan intelektual dari perilaku plagiarism yang tidak bertanggung jawab. Hal ini tiada lain bahwa, bentuk, proses, maupun invention steps dari para pelaku kreatif desain mebel

Enforcement of Intellectual Property, Pollution Abatement, and Directed Technical Change

OpenAIRE

Schaefer, Andreas

2017-01-01

We theoretically investigate the interaction between endogenous enforcement of intellectual property rights (IPRs) and tax-financed pollution abatement measures. IPRs affect dirty and clean intermediates alike such that higher IPR enforcement may promote the transition to the clean technology, if this technology is productive enough. If the green technology is relatively unproductive, higher IPRs promote the dirty technology while pollution is increasing. As households are due to subsistence ...

Counterfeiting as corporate externality: intellectual property crime and global insecurity

OpenAIRE

2010-01-01

Abstract Corporate negative externalities occur when corporations place some of the costs of their profit-seeking activity onto society. This paper suggests that the current global problem of intellectual property crime is such an externality, and that it has not been recognised as such because corporations present product counterfeiting and piracy as crimes which reduce their revenue, rather than as predictable side effects of corporate production and merchandising, including bran...

28 CFR 16.25 - Final action by the Deputy or Associate Attorney General.

Science.gov (United States)

2010-07-01

... Attorney General. 16.25 Section 16.25 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR... action by the Deputy or Associate Attorney General. (a) Unless otherwise indicated, all matters to be referred under § 16.24 by an Assistant Attorney General, the Director of the EOUST, or such person's...

Access and control of information and intellectual property

Science.gov (United States)

Lang, Gerald S.

1996-03-01

This paper introduces the technology of two pioneering patents for the secure distribution of information and intellectual property. The seminal technology has been used in the control of sensitive material such as medical records and imagery in distributed networks. It lends itself to the implementation of an open architecture access control system that provides local or remote user selective access to digital information stored on any computer system or storage medium, down to the data element, pixel, and sub-pixel levels. Use of this technology is especially suited for electronic publishing, health care records, MIS, and auditing.

Selection of intellectual capital management strategies

OpenAIRE

Shcherbachenko Viktoriia Oleksiivna

2016-01-01

This article deals with the selection of intellectual capital management strategy. The attention is paid to the structure of intellectual capital, which consists of human capital, customer capital, process capital, intellectual property, intangible assets. The algorithm of selection of intellectual capital management strategy was created by author.

Open innovation and intellectual property rights

DEFF Research Database (Denmark)

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

2017-01-01

. Design/methodology/approach: The relationships between open innovation, IPRs, and profitability are tested with random-effects panel regressions on data from the Spanish Community Innovation Survey for 2,873 firms spanning the years 2008-2013. Findings: A key result is that SMEs do not benefit from open......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...... innovation or from patenting in the same way as larger firms. Furthermore, the results show that SMEs profit in different ways from IPR, depending on their size and the corresponding IPR. Research limitations/implications: The different impact of IPRs on the efficiency of open innovation in firms of varying...

Advancing public health obesity policy through state attorneys general.

Science.gov (United States)

Pomeranz, Jennifer L; Brownell, Kelly D

2011-03-01

Obesity in the United States exacts a heavy health and financial toll, requiring new approaches to address this public health crisis. State attorneys general have been underutilized in efforts to formulate and implement food and obesity policy solutions. Their authority lies at the intersection of law and public policy, creating unique opportunities unavailable to other officials and government entities. Attorneys general have a broad range of authority over matters specifically relevant to obesity and nutrition policy, including parens patriae (parent of the country) authority, protecting consumer interests, enacting and supporting rules and regulations, working together across states, engaging in consumer education, and drafting opinions and amicus briefs. Significant room exists for greater attorney general involvement in formulating and championing solutions to public health problems such as obesity.

76 FR 62396 - Martha Coakley, Attorney General of the Commonwealth of Massachusetts, Connecticut Public...

Science.gov (United States)

2011-10-07

..., Attorney General of the Commonwealth of Massachusetts, Connecticut Public Utilities Regulatory Authority... Martha Coakley, Attorney General of the Commonwealth of Massachusetts, Connecticut Public Utilities..., George Jepsen, Attorney General of the State of Connecticut, Connecticut Office of Consumer Counsel...

The Industrial Property Rights Education in Collaboration with the Creative Product Design Education

Science.gov (United States)

Tokoro, Tetsuro; Habuchi, Hitoe; Chonan, Isao

Recently, the Advanced Courses of Electronic System Engineering and Architecture and Civil Engineering of Gifu National College of Technology have introduced a creative subject, “Creative Engineering Practice”. In this subject, students study intellectual property rights. More specifically, they learn and practice industrial proprietary rights, procedures for obtaining a patent right, how to use Industrial Property Digital Library and so forth, along with the practice of creative product design. The industrial property rights education in collaboration with the creative product design education has been carried out by the cooperation of Japan Patent Office, Japan Institute of Invention and Innovation and a patent attorney. Through the instruction of the cooperative members, great educative results have been obtained. In this paper, we will describe the contents of the subject together with its items to pursue an upward spiral of progress.

28 CFR 13.4 - Procedures: Responsibilities of the Attorney General.

Science.gov (United States)

2010-07-01

... SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS § 13.4 Procedures: Responsibilities of the Attorney General... Special Nuclear Materials Rewards Act, the Attorney General shall: (a) Refer such submission for review to... whether that alien and members of his immediate family may receive immigrant visas and be admitted to the...

Selection of intellectual capital management strategies

Directory of Open Access Journals (Sweden)

Shcherbachenko Viktoriia Oleksiivna

2016-02-01

Full Text Available This article deals with the selection of intellectual capital management strategy. The attention is paid to the structure of intellectual capital, which consists of human capital, customer capital, process capital, intellectual property, intangible assets. The algorithm of selection of intellectual capital management strategy was created by author.

The Piracy Paradox: Innovation and Intellectual Property in Fashion Design

OpenAIRE

Sprigman, Chris; Raustiala, K

2006-01-01

The orthodox justification for intellectual property is utilitarian. Advocates for strong IP rights argue that absent such rights copyists will free-ride on the efforts of creators and stifle innovation. This orthodox justification is logically straightforward and well reflected in the law. Yet a significant empirical anomaly exists: the global fashion industry, which produces a huge variety of creative goods without strong IP protection. Copying is rampant as the orthodox account would predi...

Optimal Attorney Advertising

OpenAIRE

Michael P. Stone

2010-01-01

Attorney advertising routinely targets tort victims. In this paper, a theoretical model is developed which incorporates advertising intensity, litigation costs, and an endogenous number of lawsuits. Since advertising induces victims to bring suit, it increases the level of injurer care. However, litigation costs are also incurred. At the optimum, the marginal benefit of deterrence equals the sum of the marginal costs of litigation and advertising. It is shown that even though blanket prohibit...

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.

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

[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.

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.

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.

The problem of innovation in the context of intellectual property research: from the economic-juridical into the sociocultural paradigm

Directory of Open Access Journals (Sweden)

O. V. Stovpets

2016-06-01

Full Text Available The problem of innovation in the context of Intellectual Property becomes actual as the society’s development moves from the economic, technical and juridical paradigms towards the sociocultural paradigm. The reflection on abovementioned issues is performed within the monographic social­philosophic research for Intellectual Property Institution as one of the most significant social institutions of postindustrial postmodern society in the era of information. Therefore the article is devoted to the social­philosophic study of the innovation concept’s genesis, the process of innovative problematic consolidation in the context of intellectual property, as well as the justification of innovation as a social­cultural phenomenon. In particular, it was performed a sociophilosophical and semantic analysis for the concept of «innovation» in its correlation with the concepts of «discovery», «invention», «new modification», «novelty», in order to identify the essence of innovation itself. It was emphasized the importance of innovation’s research in the socio­cultural context, taking into account the specific ontological status for innovation in its integrity with Intellectual Property institution. In the studying of innovation (as the very important substantial aspect of intellectual property it was explicated that interpretations of this phenomenon are frequently concentrated within technical, economic and juridical paradigms. However, today the innovation is primarily a social and cultural phenomenon caused by the specifics of appropriate sociocultural environment. It is logical that changes’ vector related to the information and technological novelties, now shifts from technical, economic and legal fields to the socio­cultural dimension. Following the producing sectors, other areas of life became the objects of conscious and deliberate innovative activities, that allow us to fix the transition towards an innovative model of social

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

OpenAIRE

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 “mark...

Proper laboratory notebook practices: protecting your intellectual property.

Science.gov (United States)

Nickla, Jason T; Boehm, Matthew B

2011-03-01

A laboratory notebook contains a wealth of knowledge that can be critical for establishing evidence in support of intellectual property rights and for refuting claims of research misconduct. The proper type, organization, use, maintenance, and storage of laboratory notebooks should be a priority for everyone at research institutions. Failure to properly document research activities can lead to serious problems, including the loss of valuable patent rights. Consequences of improper laboratory notebook practices can be harsh; numerous examples are described in court cases and journal articles, indicating a need for research institutions to develop strict policies on the proper use and storage of research documentation.

Corporate governance as an intellectual property management

Directory of Open Access Journals (Sweden)

Rstić Milan J.

2016-01-01

Full Text Available The development of more complex forms of organization of the company is to create the conditions of a small number of complex economic, but also organizationally complex and komlikovanijih corporate organizations whose successful conduct of the owners often did not have enough resources, so they hired a professional and competent teams of experts who are trusted with the management of such organizations. In exercising the power of new ideas and concepts based on knowledge, managers in corporations are becoming an indispensable element of every company will be able to change, adapt and create new opportunities to compete successfully in a changing business environment. However, the transfer of responsibility for the management of the corporation managers has resulted in the emergence of abuse of senior management positions in order to realize their own interests. The main objective of this paper is to show how unlike traditional enterprise, today we have a situation in which such property owners corporation is a conceptual and thoughtful decision managers, which should represent the members of their intellectual property.

Exploring a Sense of Intellectual Property Valuation for Indian SMEs

OpenAIRE

Sumanjeet Singh; Minakshi Paliwal

2014-01-01

As intellectual property (IP) has become an integral part of business strategy, the valuation of these assets has become more and more critical. Consequently, the strategic decisions of Indian SMEs also increasingly depend on understanding the economics affecting the value of these assets and most crucially appraising the approximate value of their IP. In this light, the paper reviews the principal approaches and methods used to evaluate an IP asset and proposes a framework to help the Indian...

28 CFR 51.46 - Reconsideration of objection at the instance of the Attorney General.

Science.gov (United States)

2010-07-01

... instance of the Attorney General. 51.46 Section 51.46 Judicial Administration DEPARTMENT OF JUSTICE... Processing of Submissions § 51.46 Reconsideration of objection at the instance of the Attorney General. (a... may be reconsidered, if it is deemed appropriate, at the instance of the Attorney General. (b) Notice...

28 CFR 30.4 - What are the Attorney General's general responsibilities under the Order?

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false What are the Attorney General's general... REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS AND ACTIVITIES § 30.4 What are the Attorney General's general responsibilities under the Order? (a) The Attorney General provides opportunities for consultation by elected...

End-User Searching in a Large Library Network: A Case Study of Patent Attorneys.

Science.gov (United States)

Vollaro, Alice J.; Hawkins, Donald T.

1986-01-01

Reports results of study of a group of end users (patent attorneys) doing their own online searching at AT&T Bell Laboratories. Highlights include DIALOG databases used by the attorneys, locations and searching modes, characteristics of patent attorney searchers, and problem areas. Questionnaire is appended. (5 references) (EJS)

Advising Students or Practicing Law: The Formation of Implied Attorney-Client Relationships with Students

Science.gov (United States)

Sheridan, Patricia M.

2014-01-01

An attorney-client relationship is traditionally created when both parties formally enter into an express agreement regarding the terms of representation and the payment of fees. There are certain circumstances, however, where the attorney-client relationship can be implied from the parties' conduct. An implied attorney-client relationship may…

Persona Rights for User-Generated Content: A Normative Framework for Privacy and Intellectual Property Regulation

Directory of Open Access Journals (Sweden)

Tamara Shepherd

2012-02-01

Full Text Available This article introduces the term “persona rights” as a normative conceptual framework for analyzing the language of regulatory debates around privacy and intellectual property online, mainly from a Canadian perspective. In using the concept of persona rights to interrogate and critique the current limitations of regulatory discourses in protecting user rights online, the legal implications of persona rights law are translated into more conceptual terms. As a normative framework, persona rights is shown to be useful in addressing the gaps in regulatory understandings of privacy and intellectual property – particularly in spaces for user-generated content (UGC – and in suggesting how policy might be written to account for user rights to the integrity of identity in commercial UGC platforms.

28 CFR 30.13 - May the Attorney General waive any provision of these regulations?

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false May the Attorney General waive any... INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS AND ACTIVITIES § 30.13 May the Attorney General waive any provision of these regulations? In an emergency, the Attorney General may waive any provision of these...

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.

28 CFR 36.505 - Attorneys fees.

Science.gov (United States)

2010-07-01

... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Enforcement § 36.505 Attorneys fees. In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the...

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

Science.gov (United States)

2010-05-10

... of reported IPR infringement in China on the U.S. economy and U.S. jobs and on the potential effects..., potential, and reported effects of China's indigenous innovation policies on the U.S. economy and U.S. jobs... INTERNATIONAL TRADE COMMISSION [Investigation No. 332-514] China: Intellectual Property...

10 CFR 9.45 - Annual report to the Attorney General of the United States.

Science.gov (United States)

2010-01-01

... 10 Energy 1 2010-01-01 2010-01-01 false Annual report to the Attorney General of the United States... Regulations § 9.45 Annual report to the Attorney General of the United States. (a) On or before February 1 of each year, the NRC will submit a report covering the preceding fiscal year to the Attorney General of...

28 CFR 30.9 - How does the Attorney General receive and respond to comments?

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false How does the Attorney General receive and... REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS AND ACTIVITIES § 30.9 How does the Attorney General receive and respond to comments? (a) The Attorney General follows the procedures in § 30.10 if: (1) A state office or...

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…

38 CFR 14.631 - Powers of attorney; disclosure of claimant information.

Science.gov (United States)

2010-07-01

... purpose, treat a power of attorney naming as a claimant's representative an organization recognized under... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Powers of attorney..., Agents; Rules of Practice and Information Concerning Fees, 38 U.s.c. 5901-5905 § 14.631 Powers of...

28 CFR 16.72 - Exemption of Office of the Associate Attorney General System-limited access.

Science.gov (United States)

2010-07-01

... Attorney General System-limited access. 16.72 Section 16.72 Judicial Administration DEPARTMENT OF JUSTICE....72 Exemption of Office of the Associate Attorney General System—limited access. (a) The following...) General Files System of the Office of the Associate Attorney General (JUSTICE/AAG-001). These exemptions...

California Attorney General opines: California's nuclear legislation unconstitutional

International Nuclear Information System (INIS)

Gabin, V.

1979-01-01

The California Attorney General found three sections of the state's nuclear regulation code to be in violation of Federal authority and the State Constitution. Legislation and court cases since 1946 are quoted to support the Attorney General's position. The Warren--Alquist Act, which requires a demonstrated technology for reprocessing fuel rods or disposing of high-level wastes before a nuclear plant can be licensed, is unconstitutional because it usurps Federal control and allows the state to permanently block nuclear facility construction and certification. States' rights in the area of radiological health and safety are supplanted by the Federal government

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.

Intellectual Property Rights, Imitation, and Foreign Direct Investment: Theory and Evidence

OpenAIRE

Lee Branstetter; Raymond Fisman; C. Fritz Foley; Kamal Saggi

2007-01-01

This paper theoretically and empirically analyzes the effect of strengthening intellectual property rights in developing countries on the level and composition of industrial development. We develop a North-South product cycle model in which Northern innovation, Southern imitation, and FDI are all endogenous. Our model predicts that IPR reform in the South leads to increased FDI in the North, as Northern firms shift production to Southern affiliates. This FDI accelerates Southern industrial de...

48 CFR 28.101-3 - Authority of an attorney-in-fact for a bid bond.

Science.gov (United States)

2010-10-01

... responsiveness; and (2) Treat questions regarding the authenticity and enforceability of the power of attorney at..., or a photocopy or facsimile of an original, power of attorney is sufficient evidence of such... and dates on the power of attorney shall be considered original signatures, seals and dates, without...

20 CFR 655.455 - Notice to the Attorney General and the Employment and Training Administration.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Notice to the Attorney General and the...-1A Attestations § 655.455 Notice to the Attorney General and the Employment and Training Administration. (a) The Administrator shall promptly notify the Attorney General and ETA of the final...

77 FR 7116 - Announcement of Competition Under the America COMPETES Reauthorization Act of 2011

Science.gov (United States)

2012-02-10

..., which demonstrates a lack of respect for public morals or conduct, which disparages any individual or... the intellectual property, trade secrets, or confidential business information of the Contestant; (c... with entering this Challenge, but in no event attorneys' fees. All issues and questions concerning the...

Use of attorneys and appeal filing in the Washington State workers' compensation program: does patient satisfaction matter?

Science.gov (United States)

Wickizer, Thomas M; Franklin, Gary; Turner, Judith; Fulton-Kehoe, Deborah; Mootz, Robert; Smith-Weller, Terri

2004-04-01

Specify the frequency with which injured workers in Washington State's compensation system retained an attorney or filed an appeal, and the personal and job-related correlates of these actions. Analyze the relationship between workers' legal actions and their satisfaction in two domains: how well the claim was managed administratively, and how well the worker and claim manager communicated with one another. Characterize the relationship between retaining an attorney and long-term disability. Little is known about how often injured workers retain attorneys or file appeals in the workers' compensation system. We conducted a population-based study to examine the frequency of attorney retention and appeal filing in the Washington State workers' compensation program and the factors related to this event. Data for the study were provided by a survey conducted on 804 injured workers who were interviewed an average of 159 days after claim receipt. Attorney retention and appeal filing were examined up to 28 months later. Seven percent of the workers either retained an attorney or filed an appeal. Workers who were less satisfied with claims administration procedures were more likely to retain an attorney or file an appeal (Pclaim receipt to attorney retention (368 days) suggests that retaining an attorney is a correlate rather than a predictor of long-term disability.

[Barcelona Test for Intellectual Disability: a new instrument for the neuropsychological assessment of adults with intellectual disability].

Science.gov (United States)

Esteba-Castillo, S; Pena-Casanova, J; Garcia-Alba, J; Castellanos, M A; Torrents-Rodas, D; Rodriguez, E; Deus-Yela, J; Caixas, A; Novell-Alsina, R

2017-05-16

Neuropsychological assessment in individuals with intellectual disability is of utmost importance in order to determine the cognitive deficits underlying brain dysfunction and limiting intellectual functioning and adaptive behavior. However, no neuropsychological batteries in Spanish language have been created and validated for this population. To adapt the 'programa integrado de exploracion neuropsicologica-test Barcelona' and to validate the new version, the Barcelona Test for Intellectual Disability (TB-DI). To create normative data for its clinical use. The original test was modified based on data from a pilot sample of 65 individuals with intellectual disability. In order to study the psychometric properties of the TB-DI, it was administered to a sample of 170 individuals with intellectual disability and to a group of 60 individuals without it. The relevant variables for stratification of normative data were determined by means of regression models. The TB-DI was finally composed by 67 subtests grouped in eight cognitive domains and it showed good psychometric properties. Normative data were created for five groups taking into account intellectual disability level, age and acquired curricular competence. These data were organized in percentiles in a way that allows the creation of cognitive profiles in the clinical and experimental fields. The TB-DI constitutes a tool of high applicability in the population with intellectual disability. It shows adequate validity and reliability, and it has good psychometric properties. The cognitive profiles obtained by the TB-DI will provide valuable information for the treatment of adult adults with mild and moderate intellectual disability.

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

28 CFR 16.70 - Exemption of the Office of the Attorney General System-limited access.

Science.gov (United States)

2010-07-01

....70 Exemption of the Office of the Attorney General System—limited access. (a) The following system of...); and (g): (1) General Files System of the Office of the Attorney General (JUSTICE/OAG-001). These... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of the Office of the Attorney...

Copyright, Crime and Computers: New Legislative Frameworks for Intellectual Property Rights Enforcement

OpenAIRE

Urbas, Gregor

2012-01-01

This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning copyright, cybercrime, covert investigations, mutual assistance and extradition, prosecution and sentencing options, as well as proceeds of crime recovery. The complex interaction of these laws suggests that the field of IPR enforcement offers numerous investigative, prosecutorial and judicial options beyond ...

Attorneys General and Senate Panel Cite More Evidence of Lender Corruption

Science.gov (United States)

Basken, Paul

2007-01-01

A group of 32 attorneys general from across the United States urged Congress last week to enact new restrictions on the student-loan industry, saying their investigations continue to reveal "new levels of corruption and deception" that require a rapid response from lawmakers. The attorneys general, led by Andrew M. Cuomo of New York, are trying to…

Problems of One School Board Attorney.

Science.gov (United States)

Fisher, M. Bryon

The speaker, a school board attorney, outlines four legal problems he has had to deal with. The cases concern teacher dismissal, the district's responsibility in the case of "hazardous transportation," school district purchases for student activities (student photographs), and school bus leasing. (IRT)

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.

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

DEFF Research Database (Denmark)

Alcácer, Juan; 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...... in patents, trademarks, and industrial designs used by firms to protect their IP globally. We then show that IP protection remains fragmented; the quality of IP applications might be questionable; and developing a comprehensive IP footprint worldwide is very costly. Growing numbers of applications...

Thought police. Healthcare executives must carefully guard intellectual property developed in their facilities.

Science.gov (United States)

Scott, J S

1991-03-01

Healthcare executives should have a working knowledge of intellectual property law--the legal principle that, for a limited period, treats intangible ideas and concepts as if they were products or property. Not only should administrators be aware of how to protect their facilities' patents, trademarks, copyrights, and trade secrets, but they must also be sure that employees in their own facilities do not infringe on the intellectual property of others. A patent is granted when an inventor proposes a useful new process, machine, "article of manufacture," or composition of matter, including any new and useful improvement on existing items in these same categories. A trademark is a name, symbol, device, or combination thereof adopted and used by an institution to identify its goods or services and to distinguish them from its competitors' goods or services. Expressions of ideas and thoughts set forth in words, sentences, paragraphs, sketches, pictures, graphs, or any other means of conveying ideas or concepts commonly understood to be works of authorship--both published and unpublished--may be protected by a copyright. Trade secret law applies to those who might misappropriate information that has been given to them because of their special relationship with the holder of the trade secret (i.e., through employment, contract, or other fiduciary or trust relationship).

75 FR 29217 - Office of the Attorney General; Certification Process for State Capital Counsel Systems; Removal...

Science.gov (United States)

2010-05-25

... Office of the Attorney General; Certification Process for State Capital Counsel Systems; Removal of Final Rule AGENCY: Office of the Attorney General, Department of Justice. ACTION: Notice of proposed... the Attorney General has certified ``that [the] State has established a mechanism for providing...

13 CFR 114.111 - Does the attorney-client privilege apply when SBA employees are represented by the Government?

Science.gov (United States)

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Does the attorney-client privilege... Does the attorney-client privilege apply when SBA employees are represented by the Government? When... representational assistance for such an employee, those attorneys undertake a full and traditional attorney-client...

28 CFR 30.5 - What is the Attorney General's obligation with respect to Federal interagency coordination?

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false What is the Attorney General's obligation... the Attorney General's obligation with respect to Federal interagency coordination? The Attorney General, to the extent practicable, consults with and seeks advice from all other substantially affected...

76 FR 76037 - Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain...

Science.gov (United States)

2011-12-06

... Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country AGENCY: Office of the Attorney General, Department of Justice. ACTION: Final rule... concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide...

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...

The Borders of EU Competences with Regard to the International Regulation of Intellectual Property Rights: Constructing a Dam to Resist a River Bursting Its Banks

Directory of Open Access Journals (Sweden)

Yole Tanghe

2016-04-01

Full Text Available In view of the recent negotiations on the highly anticipated Free Trade Agreements to which the EU shall be party ('e.g.' CETA and TTIP, assessing the extent to which the EU can regulate intellectual property rights in its external relations seems relevant. Two recent cases of the Court of Justice of the EU have reversed its landmark decision in Opinion 1/94, in which intellectual property regulation was almost entirely excluded from the EU’s exclusive competence in trade matters. Firstly, in the 'Daiichi Sankyo' case, the Court elaborated upon the EU’s explicit external competence in the field of intellectual property. This explicit competence is provided for by Article 207 TFEU on the common commercial policy, which allows the EU to conclude agreements concerning the ‘commercial aspects of intellectual property’. In the 'Broadcasting Rights' case, the Court founded its decision on the EU’s implied competence to conclude international agreements, as provided for by Article 3(2 TFEU. Considering the outcome of these two judgments, the Court seems to grant the EU a wide scope of action with regard to intellectual property rights. As a consequence, questions arise with regard to the post-Lisbon era role that is left for the Member States in the field of intellectual property. Therefore, the aim of this article is to outline the scope of the EU’s exclusivity in IP matters and to highlight the borders.

Intellectual property policy on pharmaceutical products: a view in the beginning of the 2000 decade - DOI: 10.3395/reciis.v2i2.191en

Directory of Open Access Journals (Sweden)

Sergio M Paulino de Carvalho

2009-03-01

Full Text Available This paper aims at an analysis of the intellectual property policy in the health field by emphasizing the program of production and distribution of antiretrovirals and the generic drugs market, also reviewing the process of articulation and implementation of the intellectual property policy in this sector. From a methodological viewpoint, the paper favors the analysis of data related to the structuring of the pharmaceutical products market and of impacts both from the new institutionality and the intellectual property policies developed by the Ministry of Health in the first half of the 2000’s decade.

75 FR 71353 - Office of the Attorney General; Certification Process for State Capital Counsel Systems; Removal...

Science.gov (United States)

2010-11-23

... the Attorney General; Certification Process for State Capital Counsel Systems; Removal of Final Rule... only if the Attorney General has certified ``that [the] State has established a mechanism for providing... State to qualify for the special habeas procedures, the Attorney General must determine that ``the State...

76 FR 54110 - Attorney General's Guidelines on Implementation of the Provisions of the Voting Rights Act...

Science.gov (United States)

2011-08-31

... rule updates the Attorney General's interpretative guidelines under the language minority provisions of.... Also, on July 26, 2002, the Assistant Attorney General of the Civil Rights Division sent a letter to... of the then-existing Attorney General's interpretative guidelines, 28 CFR part 55. This rule conforms...

78 FR 25537 - Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge...

Science.gov (United States)

2013-05-01

... ``covered attorney'' does not include those civil service or civilian attorneys who practice law or perform... (Civil Law), in all other cases. Sec. 776.10 Informal ethics advice. (a) Advisors. Covered attorneys may... Civil Law Branch (JAR), Judge Advocate (JA) Division, Headquarters United States Marine Corps (HQMC...

28 CFR 16.71 - Exemption of the Office of the Deputy Attorney General System-limited access.

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2010-07-01

... Attorney General System-limited access. 16.71 Section 16.71 Judicial Administration DEPARTMENT OF JUSTICE....71 Exemption of the Office of the Deputy Attorney General System—limited access. (a) The following... of the Office of the Deputy Attorney General (JUSTICE/DAG-013). (d) In addition, the Drug Enforcement...

76 FR 67761 - Establishment of the Attorney General's National Task Force on Children Exposed to Violence

Science.gov (United States)

2011-11-02

... the Attorney General's National Task Force on Children Exposed to Violence AGENCY: Office of Juvenile.... SUMMARY: The Attorney General's National Task Force on Children Exposed to Violence (the Task Force) is....C., App. 2. The Task Force will provide the Attorney General with valuable advice on a broad array...

28 CFR 48.7 - Report of the Assistant Attorney General in Charge of the Antitrust Division.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Report of the Assistant Attorney General... (CONTINUED) NEWSPAPER PRESERVATION ACT § 48.7 Report of the Assistant Attorney General in Charge of the Antitrust Division. (a) The Assistant Attorney General in charge of the Antitrust Division shall, not later...

28 CFR 51.10 - Requirement of action for declaratory judgment or submission to the Attorney General.

Science.gov (United States)

2010-07-01

... judgment or submission to the Attorney General. 51.10 Section 51.10 Judicial Administration DEPARTMENT OF... Attorney General. Section 5 requires that, prior to enforcement of any change affecting voting, the... will not be the effect of the change or (b) Make to the Attorney General a proper submission of the...

Intellectual property-A strong determinant of Economic Growth

Directory of Open Access Journals (Sweden)

Love k Singh

2009-12-01

Full Text Available

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. © 2016 APJPH.

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

Graduate Formation in Intellectual Property in Brazil: A Study Based on Academic Production of Thesis and Dissertations

Directory of Open Access Journals (Sweden)

Heitor de Paula Filho

2009-07-01

Full Text Available The aim of this paper is to present information on the graduate formation in Intellectual Property in Brazil based on academic production of thesis and dissertations. This study analyzed data from 278 documents indexed in Bank of Thesis of Capes. The results show that: 1 only in the last years started the formation of professionals at the master’s and doctorate degree levels being necessary efforts for learning and training in the area; 2 the formation of competences is much concentrated in the Southeast and South regions of the country and in the area of Law being necessary to correct these asymmetries; and 3 the principal focus of this academic production is related to intellectual property policy followed by patents.

Association of Attorney Advertising and FDA Action with Prescription Claims: A Time Series Segmented Regression Analysis.

Science.gov (United States)

Tippett, Elizabeth C; Chen, Brian K

2015-12-01

Attorneys sponsor television advertisements that include repeated warnings about adverse drug events to solicit consumers for lawsuits against drug manufacturers. The relationship between such advertising, safety actions by the US Food and Drug Administration (FDA), and healthcare use is unknown. To investigate the relationship between attorney advertising, FDA actions, and prescription drug claims. The study examined total users per month and prescription rates for seven drugs with substantial attorney advertising volume and FDA or other safety interventions during 2009. Segmented regression analysis was used to detect pre-intervention trends, post-intervention level changes, and changes in post-intervention trends relative to the pre-intervention trends in the use of these seven drugs, using advertising volume, media hits, and the number of Medicare enrollees as covariates. Data for these variables were obtained from the Center for Medicare and Medicaid Services, Kantar Media, and LexisNexis. Several types of safety actions were associated with reductions in drug users and/or prescription rates, particularly for fentanyl, varenicline, and paroxetine. In most cases, attorney advertising volume rose in conjunction with major safety actions. Attorney advertising volume was positively correlated with prescription rates in five of seven drugs, likely because advertising volume began rising before safety actions, when prescription rates were still increasing. On the other hand, attorney advertising had mixed associations with the number of users per month. Regulatory and safety actions likely reduced the number of users and/or prescription rates for some drugs. Attorneys may have strategically chosen to begin advertising adverse drug events prior to major safety actions, but we found little evidence that attorney advertising reduced drug use. Further research is needed to better understand how consumers and physicians respond to attorney advertising.

Managing Intellectual Property Rights Protection in the System of Comprehensive Seconday Education

Directory of Open Access Journals (Sweden)

Vadim Lunyachek

2018-05-01

Full Text Available This paper provides the results of the survey conducted among the teachers and principals of comprehensive secondary schools of Kharkiv as to their awareness of how to abide by, draw up and defend intellectual property rights. The paper suggests implementing a system of actions to further the qualifications of educators in this area by introducing relevant special courses, delivering lectures and workshops, or obtaining a second higher education degree.

Writing to Learn Law and Writing in Law: An Intellectual Property Illustration

OpenAIRE

Madison, Michael

2017-01-01

This essay, prepared as part of a Symposium on teaching intellectual property law, describes a method of combining substantive law teaching with a species of what is commonly called "skills" training. The method involves assessing students not via traditional final exams but instead via research memos patterned after assignments that junior lawyers might encounter in actual legal practice. The essay grounds the method in the theoretical disposition known generally as "writing to learn." It ar...

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

77 FR 42334 - Meeting of the Attorney General's National Task Force on Children Exposed to Violence (Correction)

Science.gov (United States)

2012-07-18

... Attorney General's National Task Force on Children Exposed to Violence (Correction) AGENCY: Office of...) published a notice in the Federal Register on July 2, 2012, announcing a meeting of the Attorney General's..., but rather, will be conducting preparatory work related to developing a draft report to the Attorney...

20 CFR 655.1055 - Notice to the Employment and Training Administration (ETA) and the Attorney General (AG).

Science.gov (United States)

2010-04-01

... Administration (ETA) and the Attorney General (AG). 655.1055 Section 655.1055 Employees' Benefits EMPLOYMENT AND... General (AG). (a) The Administrator shall notify the Attorney General and ETA of the final determination... Administrator's notice to the Attorney General shall, to the extent known from the investigation, specify the...

Discussion on the Legal Protection of Agriculture Intellectual Property Rights in Henan Province%河南省农业知识产权的法律保护问题探讨

Institute of Scientific and Technical Information of China (English)

秦元元

2011-01-01

分析了河南省农业知识产权法律保护存在的问题,提出了加强河南省农业知识产权法律保护的路径,即应从思想上增强农业知识产权法律保护意识,减少农业知识产权被非法窃取甚至流失的可能；健全农业知识产权法律保护体系,为做好河南省农业知识产权的法律保护工作提供刚性的制度保障；加大农业知识产权法律保护的执法力度,保持权益人寻求法律救助的热情；注重农业知识产权法律 ·保护专业人才培养,为河南省农业知识产权的法律保护务实人才基础.%Problems in the legal protection of agriculture intellectual property rights in Henan Province were analyzed, and the ways for enhancing agriculture intellectual property rights protection in Henan Province were proposed, namely, we should strengthen the consciousness of legal protection of agriculture intellectual property rights from the angle of thought, reduce the probability of the stealing and even lose of agriculture intellectual property; perfect legal protection of agriculture intellectual property rights system in Henan Province, to provide rigid system guarantee for the legal protection of agriculture intellectual property rights in Henan Province; strengthen the law enforcement of agriculture intellectual property protection, maintain the legal aid enthusiasm of the needy; pay attention to the professional talents cultivation of the legal protection of agricultural intellectual property rights, to consolidate personnel base for the legal protection of agricultural intellectual property rights in Henan Province.

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

Advance Directives and Powers of Attorney in Intensive Care Patients.

Science.gov (United States)

de Heer, Geraldine; Saugel, Bernd; Sensen, Barbara; Rübsteck, Charlotte; Pinnschmidt, Hans O; Kluge, Stefan

2017-06-05

Advance directives and powers of attorney are increasingly common, yet data on their use in clinical situations remain sparse. In this single center cross-sectional study, we collected data by questionnaire from 1004 intensive care patients in a university hospital. The frequencies of advance directives and powers of attorney were determined, and the factors affecting them were studied with multivariate logistic regression analysis. Usable data were obtained from 998 patients. 51.3% stated that they had prepared a document of at least one of these two kinds. Among them, 39.6% stated that they had given the relevant document(s) to the hospital, yet such documents were present in the patient's hospital record for only 23%. 508 patients stated their reasons for preparing an advance directive or a power of attorney: the most common reason (48%) was the fear of being at other people's mercy, of the lack of self-determination, or of medical overtreatment. The most important factors associated with a patient's statement that he/she had prepared such a document were advanced age (advance directive: 1.022 [1.009; 1.036], p = 0.001; power of attorney: 1.027 [1.014; 1.040], padvance directive: 1.622 [1.138; 2.311], padvance directives and 44.1% of the powers of attorney that were present in the hospital records were poorly interpretable because of the incomplete filling-out of preprinted forms. Half of the patients who did not have such a document had already thought of preparing one, but had not yet done so. For patients hospitalized in intensive care units, there should be early discussion about the presence or absence of documents of these kinds and early evaluation of the patient's concrete wishes in critical situations. Future studies are needed to determine how best to assure that these documents will be correctly prepared and then given over to hospital staff so that they can take their place in the patient's record.

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…

Intellectual property considerations for molecular diagnostic development with emphasis on companion diagnostics.

Science.gov (United States)

Glorikian, Harry; Warburg, Richard Jeremy; Moore, Kelly; Malinowski, Jennifer

2018-02-01

The development of molecular diagnostics is a complex endeavor, with multiple regulatory pathways to consider and numerous approaches to development and commercialization. Companion diagnostics, devices which are "essential for the safe and effective use of a corresponding drug or diagnostic product" (see U.S. Food & Drug Administration, In Vitro Diagnostics - Companion Diagnostics, U.S. Dept. of Health & Human Services(2016), available at https://www.fda.gov/medicaldevices/productsandmedicalprocedures/invitrodiagnostics/ucm407297.htm ) and complementary diagnostics, which are more broadly associated with a class of drug, are becoming increasingly important as integral components of the implementation of precision medicine. Areas covered: The following article will highlight the intellectual property ('IP') considerations pertinent to molecular diagnostics development with special emphasis on companion diagnostics. Expert opinion/commentary Summary: For all molecular diagnostics, intellectual property (IP) concerns are of paramount concern, whether the device will be marketed only in the United States or abroad. Taking steps to protect IP at each stage of product development is critical to optimize profitability of a diagnostic product. Also the legal framework around IP protection of diagnostic technologies has been changing over the previous few years and can be expected to continue to change in the foreseeable near future, thus, a comprehensive IP strategy should take into account the fact that changes in the law can be expected.

The Trans Pacific Partnership Agreement, intellectual property and medicines: Differential outcomes for developed and developing countries.

Science.gov (United States)

Gleeson, Deborah; Lexchin, Joel; Lopert, Ruth; Kilic, Burcu

2018-04-01

The final text of the Trans Pacific Partnership Agreement (TPP), agreed between the 12 negotiating countries in 2016, included a suite of intellectual property provisions intended to expand and extend pharmaceutical company exclusivities on medicines. It drew wide criticism for including such provisions in an agreement that involved developing countries (Vietnam, Peru, Malaysia, Mexico, Chile and Brunei Darussalam) because of the effect on delaying the introduction of low-cost generics. While developing nations negotiated transition periods for implementing some obligations, all parties would have eventually been expected to meet the same standards had the TPP come into force. While the TPP has stalled following US withdrawal, there are moves by some of the remaining countries to reinvigorate the agreement without the United States. The proponents may seek to retain as much as possible of the original text in the hope that the United States will re-join the accord in future. This article presents a comparative analysis of the impact the final 2016 TPP intellectual property chapter could be expected to have (if implemented in its current form) on the intellectual property laws and regulatory regimes for medicines in the TPP countries. Drawing on the published literature, it traces the likely impact on access to medicines. It focuses particularly on the differential impact on regulatory frameworks for developed and developing nations (in terms of whether or not legislative action would have been required to implement the agreement). The article also explores the political and economic dynamics that contributed to these differential outcomes.

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

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...

28 CFR 30.8 - How does the Attorney General provide an opportunity to comment on proposed Federal financial...

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false How does the Attorney General provide an... PROGRAMS AND ACTIVITIES § 30.8 How does the Attorney General provide an opportunity to comment on proposed... Attorney General gives state processes or directly affected state, areawide, regional, and local officials...

19 CFR 12.40 - Seizure; disposition of seized articles; reports to United States attorney.

Science.gov (United States)

2010-04-01

... 19 Customs Duties 1 2010-04-01 2010-04-01 false Seizure; disposition of seized articles; reports... § 12.40 Seizure; disposition of seized articles; reports to United States attorney. (a) Any book... United States attorney for his consideration and action. (b) Upon the seizure of articles or matter...

26 CFR 601.522 - Power of attorney.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 20 2010-04-01 2010-04-01 false Power of attorney. 601.522 Section 601.522 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INTERNAL REVENUE PRACTICE... Spirits, Wines, and Beer), Chapter 52 (Cigars, Cigarettes, and Cigarette Papers and Tubes), and chapter 53...

Attorney work product privilege trumps mandated child abuse reporting law: The case of Elijah W. v. Superior Court.

Science.gov (United States)

Lareau, Craig R

2015-01-01

Forensic psychologists and psychiatrists are licensed in their respective professions, but they perform most of their work with attorneys in the legal arena. Both attorneys and mental health professionals place high value on confidentiality of information, reflected in the ethics of their professions and codified into laws governing their work. In psychology and psychiatry, there are some well-known exceptions to confidentiality; two primary exceptions include the mandated reporting of suspected child abuse and various "Tarasoff" duty to warn or protect laws. Generally, however, the corresponding duty for attorneys to report suspected child abuse or to warn or protect intended victims of threatened harm is not as extensive. This difference in mandated reporting responsibilities can create significant difficulties when attorneys need to retain forensic psychologists and psychiatrists to evaluate their clients, especially in criminal contexts. If the retained psychologist or psychiatrist is required to report suspected abuse or threatened harm, the attorney may be harming his or her client's legal interests by using the forensic psychologist or psychiatrist to evaluate his or her client. This article will briefly review the development of mandated reporting laws for psychologists and psychiatrists and juxtapose those with the legal and ethical requirements of confidentiality for attorneys embodied in the attorney-client privilege and attorney work product privilege. The article will then discuss the California Court of Appeals case in Elijah W. v. Superior Court, where the court addressed the issue of whether retained mental health professionals must report suspected child abuse and threatened harm to others as required by law or if they do not need to report because they come under the umbrella of the attorney work product privilege. This California court ultimately concluded that retained psychologists and psychiatrists work under the attorney work product

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. © 2012 The Authors. Plant Biotechnology Journal © 2012 Society for Experimental Biology, Association of Applied Biologists and Blackwell Publishing Ltd.

Idea on patent ; It is high time to stress quality

International Nuclear Information System (INIS)

2012-03-01

This book deals with patent stressing on the quality, which includes from idea to technical business, It's simple to register the computer program, why do patent lawyer appoint the patent attorney's office? construction of patent right range, a good patent and a bad patent, strong patent and weak patent. It doesn't allow for Dus to use as we like, each patent has different value, Let's write technical specifications, advice on talking for invention with a patent attorney's office and what kind of task do intellectual property division do?

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

Science.gov (United States)

2010-05-28

... IPR infringement in China on the U.S. economy and U.S. jobs, including on a sectoral basis, as well as... INTERNATIONAL TRADE COMMISSION [Investigation No. 332-519] China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy AGENCY: United States International Trade...

25 CFR 11.205 - Are there standards for the appearance of attorneys and lay counselors?

Science.gov (United States)

2010-04-01

... lay counselors? 11.205 Section 11.205 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW...; Administration § 11.205 Are there standards for the appearance of attorneys and lay counselors? (a) No defendant... professional attorneys and lay counselors. ...

28 CFR Appendix to Subpart B of... - Redelegation of Authority to the Deputy Assistant Attorney General for Litigation, Antitrust...

Science.gov (United States)

2010-07-01

... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... described in 28 CFR 16.21(a) is hereby redelegated to the Deputy Assistant Attorney General for Litigation...

Expanding the Intellectual Property Knowledge Base at University Libraries: Collaborating with Patent and Trademark Resource Centers

Science.gov (United States)

Wallace, Martin; Reinman, Suzanne

2018-01-01

Patent and Trademark Resource Centers are located in libraries throughout the U.S., with 43 being in academic libraries. With the importance of incorporating a knowledge of intellectual property (IP) and patent research in university curricula nationwide, this study developed and evaluated a partnership program to increase the understanding of IP…

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.

5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

Science.gov (United States)

2010-01-01

... the payment of attorney fees, interest, and/or court costs. 581.307 Section 581.307 Administrative... payment of attorney fees, interest, and/or court costs. Before complying with legal process that requires withholding for the payment of attorney fees, interest, and/or court costs, the governmental entity must...

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 relat...... 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....

Intellectual Property and the Changing of Information Professional Curricula: a huge necessity

Directory of Open Access Journals (Sweden)

Luciana Goulart Oliveira

2010-09-01

Full Text Available Information society represents a profound changing in the organization of the society and economy – a new paradigm – but, most of all it is a global phenomenon with potential for transforming social, economical and technical environment and activities performed by information specialists, because social reality is always affected by the infra-structure of available information. In this regard, the theme Intellectual Property has become one of the pillars of the new context of technology development and interchange communication between countries and people everywhere because the objects of intellectual property in all its extension, which are creations of the human mind and intellect, can be seen as pieces of information which can be incorporated in intangible objects at the same time in an unlimited number of copies, at different locations anywhere in the world. And all these objects have specific information inside and are reunited in databases with special characteristics, which have to be understood by the information professional and the knowledge on how to comprehend, handle and recover is a fundamental necessity. And most important is that this professional will have to acquire knowledge in multidisciplinar subjects, as economy, innovation, information technologies, human sciences, ethics and law. - In this context, some studies concerning “network society” (Castells, 2002 “cyberculture” (Lévy 1999, and information literacy of informational professional (Vitorino, 2007 and (Azevedo and Beraquet, 2010 put light on a necessity to review competences in the specific area of graduation because they bring other ways of thinking and implement a strong relation with reality, considering the existence of new informational economies. It is no longer possible for this specialist not to understand a student or teacher request concerning an advise on patent search, the environment of innovation or tendencies on the trademark world or

Multilateral Organization vs. Bilateral Negotiations: A Case of the Trade-Related Aspects of Intellectual Property Rights (TRIPs

Directory of Open Access Journals (Sweden)

Namhoon Kwon

2001-12-01

Full Text Available In the 1990s, the issue of intellectual property rights (IPR protection gained a prominent place on the international trade agenda, which led to the establishment of the trade-related aspects of intellectual property rights (TRIPs as a part of the WTO regime. Two questions are asked regarding this development: whether a multilateral organization such as the WTO performs better than bilateral negotiations in resolving IPR disputes, and what happened around the 1990s to create an environment favorable to the establishment of a multilateral organization. To deal with these issues, this paper takes the IPE (international political economy approach. Using a very simple game theory model, I derive the cases in which a multilateral organization has better performances. Then, it is used to show that political pressures due to the growth of the US trade deficit in the late 1980s could have been the reason that a multilateral organization became the institutional equilibrium.

Intellectual Honesty in the Era of Computing.

Science.gov (United States)

Connolly, Frank W.

1995-01-01

Discusses the need for intellectual honesty in using technology. Topics include intellectual property laws; ethics; indirect results of copying software and images; the need for institutional policy; and the provision of facilities and resources that encourage respect for policy. A sidebar provides "A Bill of Rights and Responsibilities for…

31 CFR 306.95 - Attorneys in fact.

Science.gov (United States)

2010-07-01

... recognized until the Bureau receives proof of revocation or proof of the grantor's death or incompetency. (b... to by an officer who has access to the records: (1) A copy of the resolution of the governing body... fact, or (3) A copy of the resolution of the governing body directly appointing an attorney in fact. If...

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 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%) (Peducational 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.

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…

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...... private imports. After having dismissed the so-called “manufacturing fiction” following the decision of the ECJ in Philips/Nokia the article elaborates on an alternative method which is called the “infringing sale of goods-“approach and which may find support in the ECJ decision in L'Oréal and possibly...

The Intellectual Property Management Through Assessment of Intellectual Potential of Scientific Organization in Conditions of Knowledge Economy

Directory of Open Access Journals (Sweden)

Tomakh Viktoriia V.

2018-01-01

Full Text Available The article is aimed at researching and improving the process of the intellectual property management through assessment of innovation potential of scientific organizations in the conditions of knowledge economy. Theoretical and methodical questions of management of innovation processes and methodical support to assessment of innovative potential were analyzed. A methodical support of assessment of innovation potential of scientific organizations has been proposed, which takes into consideration the following stages: description of goals and choice of indicators, development of work plan, definition of the necessary list of indicators of components of innovation potential, data collection, calculation and analysis of the obtained data for assessment, identification of «strong» and «weak» sides of enterprise, calculation of particular indicators and comparison with planned values, calculation of the integral index, adjustment of strategy for development of enterprise.

Standards, Data Exchange and Intellectual Property Rights in Systems Biology

DEFF Research Database (Denmark)

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

2016-01-01

” of scientists. In 2015, Biotechnology Journal published a report from an expert meeting on “Synthetic Biology & Intellectual Property Rights” organized by the Danish Agency for Science, Technology and Innovation sponsored by the European Research Area Network (ERA-Net) in Synthetic Biology (ERASynBio), in which...... we provided a number of recommendations for a variety of stakeholders. The current article offers some deeper reflections about the interface between IPRs, standards and data exchange in Systems Biology resulting from an Expert Meeting funded by another ERA-Net, ERASysAPP. The meeting brought...... together experts and stakeholders (e.g. scientists, company representatives, officials from public funding organizations) in systems biology (SysBio) from different countries.  Despite the different profiles of the stakeholders at the meeting and the variety of interests, many concerns and opinions were...

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.

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.

27 CFR 71.31 - Attorneys and other representatives.

Science.gov (United States)

2010-04-01

... representatives. 71.31 Section 71.31 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE... applicant may be represented by an attorney, certified public accountant, or other person enrolled to practice before the Alcohol and Tobacco Tax and Trade Bureau under 31 CFR part 8—Practice before the...

77 FR 38088 - Development of the Joint Strategic Plan on Intellectual Property Enforcement; Request of the U.S...

Science.gov (United States)

2012-06-26

... as IPEC develops a new enforcement strategy is divided into three parts. In the first section titled... threats to public health and safety and the U.S. economy resulting from intellectual property infringement... developing new enforcement strategy action items that further the priorities identified in the Joint...

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.

Accounting management software intellectual rent companies

Directory of Open Access Journals (Sweden)

T.S. Osadcha

2015-12-01

Full Text Available Економічні науки. – 2015. – № 4 (74. – P. 43–49: Table 4. – Refs.: 22. As a result of the study it has been established that intellectual rent as additional income arises resulting from the usage of intellectual property objects. At present the issue of the accounting reflection of transactions that form intellectual rent remains to be not thoroughly disclosed and requires more depth study for improving the performance of the innovative enterprises as well as for increasing the informativeness of the accounting system. In connection with the above defined organizational and methodical aspects of accounting operations with intellectual rent in assessing the rents of its type, the definition of accounts for the accounting reflection of the order determining the amount of intellectual rent on accounting data. Proposed document that would facilitate the work of accountants for the calculation of the amount of intellectual rent and provide information about the effectiveness of the company. Application of the proposed method of accounting reflect the formation and distribution of intellectual rent allows management personnel to provide the necessary innovative activity of the enterprise information management rent, since it is a type of income of the enterprise.

Pokémon Go and the Law: Privacy, Intellectual Property, and Other Legal Concerns

OpenAIRE

Li, Tiffany

2017-01-01

Before the first lawsuits arrive, this article provides a brief analysis of some of the legal issues involved with the new hit mobile game, including: personal injury liability; privacy; intellectual property; trespass; augmented reality; and virtual currency. This is not an exhaustive list of every legal possibility inherent in the Pokémon Go world. These are just some of the legal issues at play when users, well, play. While this may seem like a long list of potential legal problems, the re...

Prima facie reasons to question enclosed intellectual property regimes and favor open-source regimes for germplasm.

Science.gov (United States)

Halpert, Madeleine-Thérèse; Chappell, M Jahi

2017-01-01

In principle, intellectual property protections (IPPs) promote and protect important but costly investment in research and development. However, the empirical reality of IPPs has often gone without critical evaluation, and the potential of alternative approaches to lend equal or greater support for useful innovation is rarely considered. In this paper, we review the mounting evidence that the global intellectual property regime (IPR) for germplasm has been neither necessary nor sufficient to generate socially beneficial improvements in crop plants and maintain agrobiodiversity. Instead, based on our analysis, the dominant global IPR appears to have contributed to consolidation in the seed industry while failing to genuinely engage with the potential of alternatives to support social goods such as food security, adaptability, and resilience. The dominant IPR also constrains collaborative and cumulative plant breeding processes that are built upon the work of countless farmers past and present. Given the likely limits of current IPR, we propose that social goods in agriculture may be better supported by alternative approaches, warranting a rapid move away from the dominant single-dimensional focus on encouraging innovation through ensuring monopoly profits to IPP holders.

32 CFR Appendix F to Part 623 - Power of Attorney (DA Form 4881-4-R)

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Power of Attorney (DA Form 4881-4-R) F Appendix F to Part 623 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY SUPPLIES AND EQUIPMENT LOAN OF ARMY MATERIEL Pt. 623, App. F Appendix F to Part 623—Power of Attorney (DA Form 4881-4-R...

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? Copyright © 2010 Elsevier B.V. All rights reserved.

Order Without Intellectual Property Law: Open Science in Influenza.

Science.gov (United States)

Kapczynski, Amy

Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on "intellectual production without IP" (or "IP without IP") has emerged to explore this question, but its examples and explanations have yet to convince skeptics. This Article reorients this new literature via a study of a hard case: a global influenza virus-sharing network that has for decades produced critically important information goods, at significant expense, and in a loose-knit group--all without recourse to IP. I analyze the Network as an example of "open science," a mode of information production that differs strikingly from conventional IP, and yet that successfully produces important scientific goods in response to social need. The theory and example developed here refute the most powerful criticisms of the emerging "IP without IP" literature, and provide a stronger foundation for this important new field. Even where capital costs are high, creation without IP can be reasonably effective in social terms, if it can link sources of funding to reputational and evaluative feedback loops like those that characterize open science. It can also be sustained over time, even by loose-knit groups and where the stakes are high, because organizations and other forms of law can help to stabilize cooperation. I also show that contract law is well suited to modes of information production that rely upon a "supply side" rather than "demand side" model. In its most important instances, "order without IP" is not order without governance, nor order without law. Recognizing this can help us better ground this new field, and better study and support forms of knowledge production that deserve our attention, and that sometimes sustain our very lives.

Business, market and intellectual property analysis of polymer solar cells

DEFF Research Database (Denmark)

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

2010-01-01

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......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...

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.…

78 FR 67465 - Loan Guaranty: Maximum Allowable Attorney Fees

Science.gov (United States)

2013-11-12

... foreclosure attorney fee. This fee recognizes the additional work required to resume the foreclosure action, while also accounting for the expectation that some work from the previous action may be utilized in... for legal fees in connection with the termination of single-family housing loans, including...

32 CFR 842.97 - Referring a claim to the US Attorney or the Department of Justice.

Science.gov (United States)

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Referring a claim to the US Attorney or the Department of Justice. 842.97 Section 842.97 National Defense Department of Defense (Continued) DEPARTMENT OF... United States (31 U.S.C. 3701, 3711-3719) § 842.97 Referring a claim to the US Attorney or the Department...

[Intellectual property rights in Costa Rica in the light of the Biodiversity Convention].

Science.gov (United States)

Salazar, R; Cabrera, J A

1996-04-01

This report analyzes intellectual property rights and acquisition of biological samples in light of the Biological Diversity Convention, with emphasis on Costa Rica. It examines the legal framework which exists for the protection of biological resources in this country, especially evaluating the law regarding protection of biota, which was approved in 1992. This includes information regarding access to genetic resources, and regulation for the aforementioned law. It examines the Biological Diversity Convention which was signed at the Rio Summit in 1992, whose objectives and goals, above all, emphasize the subject of distribution of benefits to be derived from the utilization of biological resources.

77 FR 68830 - Delegation of Authority to the Principal Deputy Assistant Attorney General for the Civil Division

Science.gov (United States)

2012-11-16

... authority of the Assistant Attorney General for the Civil Division to the Principal Deputy Assistant Attorney General for the Civil Division, unless any such power or authority is required by law to be... for the Civil Division AGENCY: Department of Justice. ACTION: Notice. SUMMARY: On November 9, 2012...

Intellectual Capital.

Science.gov (United States)

Snyder, Herbert W.; Pierce, Jennifer Burek

2002-01-01

This review focuses on intellectual capital and its relationship to information professionals. Discusses asset recognition; national practices and the acceptance of intellectual capital; definitions of intellectual capital; measuring intellectual capital, including multiple and single variable measures; managing intellectual capital; and knowledge…

The Oklahoma Attorney General's Task Force report on the State of End-of-Life Health Care, 2005.

Science.gov (United States)

Edmondson, W A Drew

2005-05-01

This article includes the recommendations submitted by the 15 members of the Oklahoma Attorney General's Task Force in their Report on the State of End-of-Life Health Care. The task force was created on April 21, 2004, and their report was accepted by Attorney General W.A. Drew Edmondson at a press conference April 11, 2005. It has been forwarded to members of the Oklahoma Legislature, relevant state agencies and organizations with an invitation to join with members of the task force to continue efforts to improve end-of-life care for Oklahomans. Copies of the report are available upon request to the Office of Attorney General.

37 CFR 2.19 - Revocation or withdrawal of attorney.

Science.gov (United States)

2010-07-01

...., a corporate officer or general partner of a partnership). In the case of joint applicants or joint... a trademark case may withdraw upon application to and approval by the Director or, when applicable..., DEPARTMENT OF COMMERCE RULES OF PRACTICE IN TRADEMARK CASES Representation by Attorneys Or Other Authorized...

28 CFR 16.79 - Exemption of Pardon Attorney System.

Science.gov (United States)

2010-07-01

... System (JUSTICE/OPA-001) is to enable the Justice Department to prepare reports and recommendations to... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Pardon Attorney System. 16... OR INFORMATION Exemption of Records Systems Under the Privacy Act § 16.79 Exemption of Pardon...

76 FR 35950 - Agency Information Collection Activity (Living Will and Durable Power of Attorney for Health Care...

Science.gov (United States)

2011-06-20

... (Living Will and Durable Power of Attorney for Health Care) Under OMB Review AGENCY: Department of... INFORMATION Title: Living Will and Durable Power of Attorney for Health Care, VA Form 10-0137. OMB Control... about his or her medical treat and to record specific instructions about their treatment preferences in...

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.

Does Intellectual Property Restrict Output? An Analysis of Pharmaceutical Markets*

Science.gov (United States)

Lakdawalla, Darius; Philipson, Tomas

2013-01-01

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. PMID:25221349

Recent developments in intellectual property law in Australia with some reference to the global economy

OpenAIRE

Crennan, Susan

2010-01-01

This paper by Susan Crennan, Justice of the High Court of Australia, addresses developments in Australia in intellectual property law, with some reference to the global economy, and deals with two patent cases, two copyright cases and a designs case. The paper was original presented as a lecture at the Institute of Advanced Legal Studies and is published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at t...

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.

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.

Ratepayers should not fund IP-2 outage, NY Attorney General says

International Nuclear Information System (INIS)

Anon.

1981-01-01

The New York Attorney General is trying to block Consolidated Edison's effort to pay for an Indian Point nuclear plant outage through the fuel-adjustment clause on the grounds that the utility had repeated system warnings and should have taken action to prevent the leakage of water into the containment building. The utility rejects the assessment of personnel negligence and, blaming equipment failure, plans to replace its heat exchangers. The New York Public Service Commission approved Con Ed's use of the fuel-adjustment clause to pay for replacement power, but agrees that ratepayers should not pay the costs of negligence if the charges are proved. The Attorney General feels that Con Ed could legally challenge a later request for refunds. Other funding possibilities include nuclear-insurance policies or legal action against the equipment manufacturer

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). Copyright © 2010 Wiley-Liss, Inc.

Intellectual property right in genetic resources

Directory of Open Access Journals (Sweden)

Milošević Mirjana

2017-01-01

Full Text Available Plant genetic resources for food and agriculture are necessary in food production and biodiversity conservation. These are the most important natural resources, in addition to air, water and soil. Unfortunately, during the evolution large number of plant genetic resources has been lost. The biggest negative impact on loss of plant genetic resources had been made by humans through the modernization of agriculture and the creation of varieties of high genetic uniformity. FAO and its operation through international mechanisms, such as the adoption of the Convention on Biological Diversity, the first legal act which regulates all levels of biodiversity: ecosystems, species and genetic resources, biotechnology, including the Cartagena Protocol on Biosafety (regulates the transfer of genetic material across the border, contributed to the conservation of plant genetic resources for food and agriculture. In addition to the Convention on Biological Diversity, FAO has been defined by the International Treaty on Plant Genetic Resources for Food and Agriculture in more specific and detailed way, the preservation of genetic resources. The objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture are the conservation and sustainable use of all plant genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use. There are four basic pillars which form the substance of the Contract, Sustainable use of plant genetic resources, Farmers' Rights, the Multilateral System and the Global Information System. Two organizations, the International Biodiversity and the International Union for the Protection of New Varieties of Plants trying to solve the issues of protection of the population and old varieties as intellectual property.

Global Perspective for Protecting Intellectual Property - Patenting in USA and Poland

Science.gov (United States)

Grebski, Michalene Eva; Wolniak, Radosław

2018-06-01

Paper addresses the different methods for protecting intellectual property in modern knowledge-based economies. The focus of the paper is a comparison between the procedures for applying for patents in Poland and the United States. The comparison has been made from the perspective of the cost of obtaining and maintaining a patent in Poland, the United States and some other countries. The comparison has also been made from the perspective of the procedures for applying for a patent in different countries based on the Patent Cooperation Treaty. The paper also includes a comparison of the time needed for processing the patent application. Low cost provisional twelve-month patent pending protection available in the United States is also being discussed. The paper also provides some guidance and recommendations for conducting a patent search in order to validate the originality of the invention.

Misleading Advertising by Attorneys Concerning NOACs is Adversely Costly to Our Patients and Our Society.

Science.gov (United States)

James, A; Reiffel, M

2016-01-01

Over the past five years, "ambulance-chasing" attorneys have aggressively advertised for patients who have bled on a new oral anticoagulant (NOAC) or their family members. It is an infrequent day when American consumers do not see a TV advertisement saying something like: "Have you or a loved-one had a serious bleeding event while taking [fill in the NOAC]? If so, you may be entitled to monetary compensation. Call XXX, attorneys at law, and we will get you the money you deserve."

Report on fundamental investigation in fiscal 2000 of intellectual property right management criteria at General Research Institute of Industrial Technologies; 2000 nendo sangyo gijutsu sogo kenkyusho chiteki zaisanken kanri kiso chosa hokokusho

Energy Technology Data Exchange (ETDEWEB)

NONE

2001-03-01

Fundamental items of knowledge were collected on matters to form the base of management and utilization of intellectual property rights as the basic data for cooperation among industry, academia, and government. Activities were put into order on the following nine fields: 1) handling of tangible research property rights at universities, 2) the way the organization should be to support the cooperation between industry and academia - a mechanism at Massachusetts Institute of Technology (MIT), 3) licensing and technology transfer in India, 4) intellectual property trends for the 21st century, 5) management of intellectual property assets - in relation with the new current in the U.S. Patent Act, 6) comparative study of examination guidelines for computer-related inventions between the United States and Japan, 7) management of intellectual properties and business law aspects in the technology innovation times - examples in Seattle where IT and bio-technologies are originated from, 8) patents and bio-technical inventions, and 9) new movements in bio-technology patents. In Item 2), examples at MIT were studied on the way the organization should be to support the cooperation between industry and academia. The industry-academia cooperation is in action at various levels, not only in licensing, but also in the industrial liaison program, and consortiums. (NEDO)

MODERN APPROACHES TO INTELLECTUAL PROPERTY COST ESTIMATION UNDER CRISIS CONDITIONS FROM CONSUMER QUALITY PRESERVATION VIEWPOINT

Directory of Open Access Journals (Sweden)

I. N. Alexandrov

2011-01-01

Full Text Available Various intellectual property (IP estimation approaches and innovations in this field are discussed. Problem situations and «bottlenecks» in the economic mechanism of transformation of innovations into useful products and services are defined. Main international IP evaluation methods are described, particular attention being paid to «Quick Inside» program defined as latest generation global expert system. IP income and expense evaluation methods used in domestic practice are discussed. Possibility of using the Black-Scholes optional model to estimate costs of non-material assets is studied.

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

Emancipating Intellectual Property from Proprietarianism: Drahos, Foucault, and a Quasi-Genealogy of IP

Directory of Open Access Journals (Sweden)

Wendyl Luna

2018-01-01

Full Text Available This paper argues that Peter Drahos undertakes a partial Foucauldian genealogy by emancipating intellectual property (IP from proprietarianism. He demonstrates the dominance of proprietarianism in IP by drawing sample practices from trademark, copyright, and patent laws, and then seeks to displace the proprietarian dominance with instrumentalism, which reconstitutes IP as a “liberty-intruding privilege.” Ironically, despite doing a genealogy, Drahos does not eradicate sovereignty altogether as Michel Foucault insists, but instead determines IP as a “sovereignty mechanism” that has a “sovereignty effect.” After explaining what Foucauldian genealogy is, the paper will explain how Drahos undertakes a genealogy of IP, while highlighting the limitations of Drahos’ analysis from a Foucauldian perspective.

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...... are not valid, but may be useful as a competitive deterrent....

Broken trusts: The Texas Attorney General versus the oil industry, 1889-1909

Science.gov (United States)

Singer, Jonathan Whitney

The legal history of state antitrust enforcement and the oil industry in Texas illustrates how and why antitrust law contemplated complementary enforcement at the state and federal government level. Historians, economists, and lawyers have concentrated on federal antitrust law and enforcement, ignoring state efforts. Yet for most of the first twenty-five years following the enactment of the Sherman Antitrust Act, federal enforcement efforts were extremely limited, leaving the field to the states. Texas was one of several states that had strong antitrust laws, and whose attorneys general prosecuted antitrust violations with vigor. Political ambition was a factor in the decisions to investigate and prosecute cases against a highly visible target, the petroleum industry, but there was also a genuine belief in the goals of antitrust policy, and in the efficacy of enforcement of the laws. Enforcement efforts were also complicated by the fact that large oil companies provided vital commodities, articles of "prime necessity," to the citizens of Texas and following the discovery of large oil fields, played an increasingly important role in the economies of many Texas communities. The Texas Attorney General's antitrust enforcement efforts against the oil industry in this time of transition from an agricultural society to an industrial society provide insights into the litigation process, and reveal how well the rhetoric of trust-busting fit with the reality of antitrust enforcement. The antitrust crusade against the petroleum industry also highlights the changing roles of state government in the late nineteenth and early twentieth centuries, particularly the Attorney General's Department. The experience of Texas undermines the view that federal action has always dominated antitrust enforcement efforts and that antitrust litigation against Standard Oil was ineffective and ineffectual. Rather, the Texas Attorney General's litigations and their results suggest that some states

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

Non-Academic Jobs for Fellows in Law Firms, Patent and Trademark Office and Scientific Intellectual Property | Center for Cancer Research

Science.gov (United States)

This workshop helps CCR fellows and staff scientists learn about and better position themselves for potential job opportunities at law firms, patent and trademark, and intellectual property protection across the biotechnology and pharmaceutical industries. Guest speakers will shed light on how to best position yourself for obtaining these types of positions and how to improve

76 FR 18383 - Extension of Sunset Date for Attorney Advisor Program

Science.gov (United States)

2011-04-04

... Security Online, at http://www.socialsecurity.gov . SUPPLEMENTARY INFORMATION: Electronic Version The... SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA-2009-0048] RIN 0960-AH05 Extension of Sunset Date for Attorney Advisor Program AGENCY: Social Security Administration. ACTION: Final...

Measuring symptoms of post-traumatic stress disorder in people with intellectual disabilities: the development and psychometric properties of the Impact of Event Scale-Intellectual Disabilities (IES-IDs).

Science.gov (United States)

Hall, James C; Jobson, Laura; Langdon, Peter E

2014-09-01

The aims of the study were to (1) revise the Impact of Event Scale-Revised for use with people with intellectual disabilities (IDs), creating the Impact of Event Scale-Intellectual Disabilities (IES-IDs), (2) assess the reliability of the IES-IDs, and (3) compare the IES-IDs to an existing measure trauma-related symptomatology, namely the Lancaster and Northgate Trauma Scale (LANTS), along with measures of anxiety and depression. Forty adults with IDs who had experienced at least one traumatic event were recruited and completed the IES-IDs and the LANTS on two occasions, separated by 2 weeks. Participants also completed the Glasgow Depression Scale and the Glasgow Anxiety Scale, along with the Trauma Information Form which was used to collect information about trauma history. Fifteen per cent of the sample had encountered five or more traumatic events. The IES-IDs and the LANTS had good to excellent internal consistency and test-retest reliability. Both measures correlated with self-report measures of depression and anxiety, although the strength of this correlation was greater with the LANTS. There was a significant positive correlation between trauma frequency and the IES-IDs, while trauma frequency did not correlate with the LANTS. Both the IES-IDs and the LANTS appear to have good reliability. There is a lack of well-developed questionnaires that can be used to assess symptoms of post-traumatic stress disorder (PTSD) in people with intellectual disabilities. The Impact of Event Scale-Revised was augmented creating the Impact of Event Scale-Intellectual Disabilities (IES-IDs). The IES-IDs was shown to have good psychometric properties. The IES-IDs was compared to the Lancaster and Northgate Trauma Scale (LANTS), but the LANTS did not correlate with trauma frequency. However, this study had a small sample size, and a much larger study is needed to examine the factor structure of both the IES-IDs and the LANTS. Future studies should attempt to recruit people with

19 CFR 212.07 - Rulemaking on maximum rates for attorney fees.

Science.gov (United States)

2010-04-01

... 19 Customs Duties 3 2010-04-01 2010-04-01 false Rulemaking on maximum rates for attorney fees. 212.07 Section 212.07 Customs Duties UNITED STATES INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT General Provisions...

Aspects of intellectual property related to the TRIGA reactor in Romania

International Nuclear Information System (INIS)

Chirita, Ion

2008-01-01

Full text: A TRIGA - type research reactor has been operating in Pitesti since 1979. In Romania, the first research reactor - of the WWR-C type - has been operating since 1957. Both these reactors have contributed to the formation of well - trained specialists, whose works constitute an important intellectual and industrial property. Institute for Nuclear Research (formerly INT, then INPR) is the holder of several published patents, such as: Procedure for decontamination of water and primary circuits of irradiation devices; Reconditioning of ion exchangers; Nozzle for flow water gaugers; Oscillating electromagnetic pump; Facility for determining nuclear fuel burnup; Portable monitor for contamination measurements; Cable joints with biological protection; Anti-seismic and thermal connection; Automatic facility for nuclear fuel irradiation testing; Method for determining power distribution specific for research rector fuel elements; Tight end-fittings; Cooling damage facility, etc. Many of these have been applied or can be applied to reactors of the TRIGA family or are already installed or under installation to research reactors of other types. (authors)

Intellectual property rights, benefit-sharing and development of "improved traditional medicines": A new approach.

Science.gov (United States)

Willcox, Merlin; Diallo, Drissa; Sanogo, Rokia; Giani, Sergio; Graz, Bertrand; Falquet, Jacques; Bodeker, Gerard

2015-12-24

Protection of intellectual property rights and benefit-sharing are key issues for all ethnopharmacological research. The International Society of Ethnobiology has produced helpful guidelines on access and benefit-sharing which are widely viewed as a "gold standard" but the question remains how best to apply these guidelines in practice. Difficult questions include ownership of traditional knowledge, making appropriate agreements, and how appropriately to share benefits. We present the case study of the development of an "improved traditional medicine" for malaria in Mali and we report how benefit-sharing was applied in this case. The knowledge about the selected plant came independently from several families and traditional healers. The IPR approach was to recognise that this traditional knowledge belongs to the people of Mali and was used for their benefit in developing a new "improved traditional medicine" (ITM). The traditional healer whose method of preparation was used, and who collaborated in clinical trials, did not request any financial reward but asked for the ITM to be named after him. The most sustainable benefit for the community was sharing the results of which preparation of which medicinal plant seemed to be the most effective for treating malaria. Attempts at providing a health centre and training a health worker for the village did not prove to be sustainable. Respect for intellectual property rights and benefit-sharing are possible even in a context where the knowledge is not owned by a clearly identified person or group of people. The most sustainable benefits are intangible rather than material: namely recognition, improved knowledge about which traditional treatment is the best and how to prepare and take it. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

THE COPYRIGHT ON THE INTELLECTUAL PROPERTY EXPERT REPORT. CONSEQUENCES

Directory of Open Access Journals (Sweden)

Raul Sorin Fântână

2013-11-01

Full Text Available Currently, according to the law, the expert is treated as a witness, and the expertise - presented as a report - is treated as a work implemented in support of justice only. Referring to the intellectual property, an expert report is often a research work with pronounced character of investigation. According to the copyright law, such a unique work should be cited even in the court device resolution, scientifically commented, as bibliographical source. The immediate consequence in support of the act of justice is that, unlike the jurisprudence - which in many countries is not a source of law, having an informative character only, a written report - especially the technical work – cannot be commented by any court. Evaluated as technical work, an expert report on the one hand should be treated as such - cited - by the courts of law and on the other hand implemented according to the rules imposed in the scientific works: documented, with a minimum number of references to and quotations from serious sources, including previous expert reports from completed files. We think that such an approach of the expert report would lead to a significant improvement of the justice act at least in Business Law.

28 CFR 68.55 - Referral of cases arising under sections 274A or 274C to the Attorney General for review.

Science.gov (United States)

2010-07-01

...) Review by the Attorney General. When a final order of an Administrative Law Judge or the Chief... 274A or 274C to the Attorney General for review. 68.55 Section 68.55 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE...

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…

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.

Evaluation of possibility to increasing sustainability of high-rise buildings through use university intellectual property

Science.gov (United States)

Potekhin, Igor; Mischenko, Valeryi; Mottaeva, Angela; Zheltenkov, Alexander

2018-03-01

In this article explained approach of valuation of intellectual property of Voronezh State Technical University, as her usefulness to increasing the sustainability and ecological safety of high-rise building. High-rise building is main type of buildings in modern cities. They include large volume of material mass, high volume of energy using and high volume of emissions. Using innovation solutions to improving ecology safety of high-rise buildings has large potential to city in whole. Explained in the article methods of calculation of effects helps to value sustainable solutions of present and future generations. Thus usefulness of patents express through usefulness regarding to high-rise building, including for sustainable development.

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...

LEGAL CERTAINTY OF INDUSTRIAL DESIGN REVENUE IN INDONESIA BASED ON INTELLECTUAL PROPERTY APPROACH AND LEGAL COMPARISON

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Ranti Fauza Mayana

2018-03-01

Full Text Available [Legal Certainty Of Industrial Design Revenue  In Indonesia Based On Intellectual Property Approach And Legal Comparison]  Protection of Industrial Designs, as well as intellectual property, is based on the ability of human creativity through creativity, taste and intention. According to Article 25 paragraph (1 TRIPs Protected Industrial Design Agreement is a new or original Industrial Design, this provision holds the principle that the novelty of a design is obtained when the design is differ from the previous, the novelty includes novelty and originality, the principal basis for the grant of Industrial Design, whereas this principle is not fully adopted in the provisions of Industrial Design. The Industrial Design Decree in Indonesia only requires novelty without clarifying how to interpret the novelty requirement so that a large number of Industrial Design Rights are obtained based on the Minor Change approach where slight differences in form and configuration have essentially demonstrated novelty. The minor change approach is considered to exclude the aspect of originality and is less able to provide legal certainty to the holder of the registered Industrial Design Rights. This paper aims to explore minor change approach as the basis for the evaluation of the novelty of Industrial Design in the perspective of comparative law in several countries of the world, namely the United States, Japan, the European Union and Australia as a study and reference material in an effort to establish protection of Industrial Design Rights in Indonesia that can provide legal certainty. Keywords: Industrial Design Revenue, Comparative Law.

Report to the Attorney General on Body Armor Safety Initiative Testing and Activities

National Research Council Canada - National Science Library

2005-01-01

On November 17, 2003, Attorney General John Ashcroft announced the U.S. Department of Justice's Body Armor Safety Initiative in response to concerns from the law enforcement community regarding the effectiveness of body armor in use...

Is Intellectual Property Theft? BI's Hidden Ideology...And Two Reactions [and] In Defense of the Bibliographic Process [and] In Defense of Instruction Librarians.

Science.gov (United States)

Duff, Alistair S.; And Others

1995-01-01

Discusses the "hidden" ideology in traditional bibliographic instruction's treatment of intellectual property rights and copyright laws, and suggests that protection of these rights constitutes a form of stealing thoughts and ideas that should belong to the public. Reactions from two librarians who defend the current bibliographic…

76 FR 13987 - Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks)

Science.gov (United States)

2011-03-15

... owner's address forms requesting that the USPTO amend the record of an application or registration by... Permission to Withdraw as Attorney of Record 12 4,500 900 (PTO Form 2201) Change of Owner's Address (Paper) 10 1,600 272 TEAS Change of Owner's Address (PTO Form 2197) 5 32,000 2,560 Change of Domestic...

A Study on the Management of Intellectual Property for the Potential Markets of KAERI

Energy Technology Data Exchange (ETDEWEB)

Chung, Whansam; Yun, S. W.; Lee, D. S.; Yoo, Y. H.; Hong, S. W.

2012-12-15

The intellectual property law of the Republic of South Africa is similar to that of Korea except for a few regulations. In Republic of South Africa, the rights of joint inventor are limited, there is no request for examination, and the allowance of patent is generally determined within 18 months from the application date. Risky patents or applications are not found in Republic of South Africa. However, KAERI needs ceaselessly to search and investigate patents or patent applications in Republic of South Africa. Finally, we propose to build a patent management team within an operation division to respond swiftly to possible market changes. The operation-oriented patent management team will efficiently secure competitive patents and effectively realize a profit from the competitive patents.

A Study on the Management of Intellectual Property for the Potential Markets of KAERI

International Nuclear Information System (INIS)

Chung, Whansam; Yun, S. W.; Lee, D. S.; Yoo, Y. H.; Hong, S. W.

2012-12-01

The intellectual property law of the Republic of South Africa is similar to that of Korea except for a few regulations. In Republic of South Africa, the rights of joint inventor are limited, there is no request for examination, and the allowance of patent is generally determined within 18 months from the application date. Risky patents or applications are not found in Republic of South Africa. However, KAERI needs ceaselessly to search and investigate patents or patent applications in Republic of South Africa. Finally, we propose to build a patent management team within an operation division to respond swiftly to possible market changes. The operation-oriented patent management team will efficiently secure competitive patents and effectively realize a profit from the competitive patents

RECENT DEVELOPMENTS IN THE PROVISION OF PRO BONO LEGAL SERVICES BY ATTORNEYS IN SOUTH AFRICA

Directory of Open Access Journals (Sweden)

Dave Holness

2013-04-01

Full Text Available SUMMARYThis paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.

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

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.

Innovation and Technology Dissemination in Clean Technology Markets and The Developing World: The Role of Trade, Intellectual Property Rights, and Uncertainty

Directory of Open Access Journals (Sweden)

Kristina M. Lybecker

2014-01-01

Full Text Available Innovation is an inherently risky and uncertain process. Many of the broader challenges to innovation in general are both mirrored and exaggerated in clean technology innovation. The development of environmental technologies is further complicated by the public goods nature of knowledge, environmental externalities, and uncertainty. This study on clean technology focuses on recent work on the role of uncertainty, the participation of emerging and developing nations, the controversy surrounding intellectual property rights, and the variety of market actors and strategies in place. The paper also considers the policy instruments that are available, the cost, benefits and consequences of their use. As scholars continue to analyze when, where, why and how clean technology innovations are developed and adopted, it is essential that government policymakers aim to reduce uncertainty and risk, incentivize innovation with effective intellectual property rights, and foster transparency in the market. This continues to be a field of increasing future importance, and a rich area for continued academic study and analysis. Consumers, government policymakers and innovators would all benefit from a greater understanding of the process of technological change in the development, diffusion and financing of clean technologies.

Exploring intellectual capital through social network analysis: a conceptual framework

Directory of Open Access Journals (Sweden)

Ivana Tichá

2011-01-01

Full Text Available The purpose of this paper is to develop a framework to assess intellectual capital. Intellectual capital is a key element in an organization’s future earning potential. Theoretical and empirical studies show that it is the unique combination of the different elements of intellectual capital and tangible investments that determines an enterprise´s competitive advantage. Intellectual capital has been defined as the combination of an organization´s human, organizational and relational resources and activities. It includes the knowledge, skills, experience and abilities of the employees, its R&D activities, organizational, routines, procedures, systems, databases and its Intellectual Property Rights, as well as all the resources linked to its external relationships, such as with its customers, suppliers, R&D partners, etc. This paper focuses on the relational capital and attempts to suggest a conceptual framework to assess this part of intellectual capital applying social network analysis approach. The SNA approach allows for mapping and measuring of relationships and flows between, people, groups, organizations, computers, URLs, and other connected information/knowledge entities. The conceptual framework is developed for the assessment of collaborative networks in the Czech higher education sector as the representation of its relational capital. It also builds on the previous work aiming at proposal of methodology guiding efforts to report intellectual capital at the Czech public universities.

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.

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

2004-11-01

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. 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). 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. The countries in this study did not incorporate all of the mechanisms allowed for by the Agreement and are not adequately using the provisions that enable World Trade

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

Follow the Intellectual Property, How does Industry pay Programmers' Salaries when they move the related IP rights to offshore taxhavens?"

OpenAIRE

Wiederhold, Gio

2009-01-01

In the ongoing discussion about offshoring in the computer and data-processing industries, the 2006 ACM report Globalization and Offshoring of Software addressed job shifts due to globalization in the software industry. But jobs represent only half of the labor and capital equation in business. In today’s high-technology industries, intellectual property (IP) supplies the other half, the capital complement. Offshoring IP always accompanies offshoring jobs and, while less visible, may be a maj...

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.

Betraying the Intellectual Tradition: Public Intellectuals and the Crisis of Youth

Science.gov (United States)

Giroux, Henry A.

2003-01-01

Building upon the late Pierre Bourdieu's belief that intellectuals had a major responsibility in bridging intellectual work and the operation of politics, this paper argues that intellectuals, especially those in higher education, need to recognise that youth is an important moral referent and political starting point for addressing a number of…

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

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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

Life Satisfaction in Persons with Intellectual Disabilities

Science.gov (United States)

Lucas-Carrasco, Ramona; Salvador-Carulla, Luis

2012-01-01

We appraised life satisfaction using the Satisfaction with Life Scale (SWLS), and analysed its psychometric properties in persons with intellectual disability (ID). Ninety-nine persons with ID from four services in Spain participated. A battery of subjective assessments was used, including the SWLS, a Quality of Life measure (WHOQOL-BREF), and…

William Alford and the Misunderstanding of Chinese Intellectual Property History： The Key to Unscrambling the Globally Unequal Intellectual Property Regime%安守廉与曲解的中国知识产权史——反思国际知识产权不平等秩序之突破点

Institute of Scientific and Technical Information of China (English)

邵科[澳

2012-01-01

In his famous book To Steal A Book Is An Elegant Offense, Harvard Professor William Alford stated that Chinese culture is incompatible with intellectual property. This widely circulated, misleading view was a result of cultural typology, by which Alford failed to examine history from multi-disciplinary and micro-historical perspectives. Alford also failed to properly examine the Western intellectual property history and the overprotection of intellectual property in today＇ s world. He believes that reasonable interference by Western countries in China and other developing countries are justifiable. This has resulted in a misunderstood China being put in a very disadvantaged position in the world.%哈佛大学的安守廉（WilliamAlford）教授在其名著《窃书为雅罪》一书中，认为中国传统文化与知识产权是不兼容的。此一观点在中外流传甚广、影响极深。安教授采用了文化类型学的研究方法，未对史料从跨学科的角度进行“微观考古”，故其结论与史实不符。而且，安教授对西方自身的知识产权史及当代知识产权的不合理扩张，均缺乏全面认知，简单地认为发达国家对中国这样的发展中国家进行“合理干预”是正当的，使被误解的中国在国际上处于极被动的局面。

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

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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.

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

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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…

The Relation Between Intellectual Functioning and Adaptive Behavior in the Diagnosis of Intellectual Disability.

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Tassé, Marc J; Luckasson, Ruth; Schalock, Robert L

2016-12-01

Intellectual disability originates during the developmental period and is characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. In this article, we present a brief history of the diagnostic criteria of intellectual disability for both the DSM-5 and AAIDD. The article also (a) provides an update of the understanding of adaptive behavior, (b) dispels two thinking errors regarding mistaken temporal or causal link between intellectual functioning and adaptive behavior, (c) explains that there is a strong correlational, but no causative, relation between intellectual functioning and adaptive behavior, and (d) asserts that once a question of determining intellectual disability is raised, both intellectual functioning and adaptive behavior are assessed and considered jointly and weighed equally in the diagnosis of intellectual disability. We discuss the problems created by an inaccurate statement that appears in the DSM-5 regarding a causal link between deficits in intellectual functioning and adaptive behavior and propose an immediate revision to remove this erroneous and confounding statement.

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.

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

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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.

What is an Intellectual Disability?

Science.gov (United States)

... for Educators Search English Español What Is an Intellectual Disability? KidsHealth / For Kids / What Is an Intellectual Disability? ... learning and becoming an independent person. What Causes Intellectual Disabilities? Intellectual disabilities happen because the brain gets injured ...

[Conceptual foundations of creation of branch database of technology and intellectual property rights owned by scientific institutions, organizations, higher medical educational institutions and enterprises of healthcare sphere of Ukraine].

Science.gov (United States)

Horban', A Ie

2013-09-01

The question of implementation of the state policy in the field of technology transfer in the medical branch to implement the law of Ukraine of 02.10.2012 No 5407-VI "On Amendments to the law of Ukraine" "On state regulation of activity in the field of technology transfers", namely to ensure the formation of branch database on technology and intellectual property rights owned by scientific institutions, organizations, higher medical education institutions and enterprises of healthcare sphere of Ukraine and established by budget are considered. Analysis of international and domestic experience in the processing of information about intellectual property rights and systems implementation support transfer of new technologies are made. The main conceptual principles of creation of this branch database of technology transfer and branch technology transfer network are defined.

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

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Reichman, Jerome H

2009-01-31

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

A Critical Discourse Analysis of the Intellectual Property Chapter of the TPP: Confirming What the Critics Fear

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Karyn Hollis

2017-11-01

Full Text Available A host of organizations and citizens groups have convincingly pointed out that so called “Free Trade Agreements” have done more harm than good to the U.S. and other countries involved. Thanks to their protests, for the moment, the most ambitious multinational, neoliberal project of our young century, the Trans-Pacific Partnership (TPP, has been defeated. If the agreement had been adopted, the TPP would have shaped new rules of trade for over 8 million people, spanning 40% of the global economy. Using Critical Discourse Analysis (CDA, my study shows how the complex language of the actual treaty compared to its more simplistic and optimistic summary on the US Trade Representative website reveals the TPP to be a corporate power grab, depriving nation states, public institutions and individual citizens of their democratic rights. Due to its central importance in a number of realms (entertainment copyrights, pharmaceuticals, the internet, my analysis focuses on the Intellectual Property (IP chapter of the TPP. As labor leaders, environmentalists, internet defenders, concerned physicians, and others have pointed out, the IP chapter essentially would have essentially enforced a ratcheted-up version of US intellectual property law across member nations. Given the TPP’s raw financial motivation and the unequal economic status of signatory nations, an analysis of the IP chapter requires a methodology which centers on uncovering ideologies, power imbalances, gender inequalities and the like. CDA works well for this purpose as it aims to expose socially-constructed inequality by uncovering how public discourses such as laws and treaties relate to power structures and actually construct power itself. Using CDA, I will show how rhetorical devices such as implied audience, genre and style, as well as socio-economic, and historical/contextual representations hide power imbalances and erase subjectivities. CDA also welcomes quantitative measures such as

THE ENHANCEMENT OF STRATEGIC AND OPERATIONAL PERFORMANCE THROUGH ENTERPRISE ARCHITECTURE IN XYZ’S DISTRICT ATTORNEY OFFICES

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Frisa Erika

2013-10-01

Full Text Available The deteriorating image of law enforcement agencies in serving the needs of nowadays community is making the chiefs of XYZ’s district attorney offices to search the best way so that the law service in their offices can be better. This problem is the general reflection of how bad the public service in law’s field is in our country. For that noble purpose, the chiefs see that there is a chance to use the ability of system and information technology. That system is not only for the necessary needs in district attorney office but it is also combined in the existing process in security and court. The chief of office feels that the enhancement performance will be obtained easier if there is the same system and technology and are designed carefully. Within this paper, the researcher uses the framework of Enterprise Architecture to develop the needed system and technology so that it can be realized strategically and operationally much better and can be accounted. The result is the current time conservative service system and have the quality of office automation systems is gradually planned to change into automation for the next two or three years. Therefore, the connection and the cooperation between the attorney, the police and the court will be more harmonic, thus gradually increased the service to the community.

Identifying classes of persons with mild intellectual disability or borderline intellectual functioning: a latent class analysis.

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Nouwens, Peter J G; Lucas, Rosanne; Smulders, Nienke B M; Embregts, Petri J C M; van Nieuwenhuizen, Chijs

2017-07-17

Persons with mild intellectual disability or borderline intellectual functioning are often studied as a single group with similar characteristics. However, there are indications that differences exist within this population. Therefore, the aim of this study was to identify classes of persons with mild intellectual disability or borderline intellectual functioning and to examine whether these classes are related to individual and/or environmental characteristics. Latent class analysis was performed using file data of 250 eligible participants with a mean age of 26.1 (SD 13.8, range 3-70) years. Five distinct classes of persons with mild intellectual disability or borderline intellectual functioning were found. These classes significantly differed in individual and environmental characteristics. For example, persons with a mild intellectual disability experienced fewer problems than those with borderline intellectual disability. The identification of five classes implies that a differentiated approach is required towards persons with mild intellectual disability or borderline intellectual functioning.

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 (c) 2016 APA, all rights reserved).

Strengthening the Knowledge Base for Public Interest Intellectual ...

International Development Research Centre (IDRC) Digital Library (Canada)

Rigid intellectual property norms and intensified enforcement have prompted media and medicine suppliers alike to price their products beyond the reach of all but the most affluent segment of the population. This is particularly the case in large middle income countries such as Brazil, India, Russia and South Africa.

The relationship of gender balance at work, family responsibilities and workplace characteristics to drinking among male and female attorneys.

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Shore, E R

1997-05-01

The purpose of this study was to investigate the relationship of gender balance at work, family and home responsibilities and workplace factors to the drinking behaviors of attorneys. Using a stratified random sampling procedure, attorneys were selected from the bar associations of two large Midwestern cities. Telephone interviews were completed with 300 men and 257 women (37.3% of those originally selected), who were asked about characteristics of their work, the numbers of female attorneys they had contact with in four types of working relationships, overall and work-related drinking, and family and home responsibilities. Multiple regression and discriminant analyses were used to study the influence of these variables on drinking. Gender balance variables entered several of the analyses. For both men and women the frequency of work-related drinking positively correlated with the number of female attorneys in the organization, but was negatively related to the number of women who were peers. Family and home responsibilities entered predictive equations, both positively and negatively, for both men and women. Size of firm was positively correlated with frequency of business-related drinking and, for men, with frequency of social drinking related to work. The influence of the gender composition of the workplace on drinking behaviors may vary, for both men and women, by the type of contact involved, with closer or more active involvement with female colleagues associated with decreased frequency of drinking. Work-related drinking may also be related to home and family demands and the size of the firm, again for both genders.

Development and Psychometric Properties of an Assessment for Persons with Intellectual Disability--The InterRAI ID

Science.gov (United States)

Martin, Lynn; Hirdes, John P.; Fries, Brant E.; Smith, Trevor F.

2007-01-01

This paper describes the development of the interRAI-Intellectual Disability (interRAI ID), a comprehensive instrument that assesses all key domains of interest to service providers relative to a person with an intellectual disability (ID). The authors report on the reliability and validity of embedded scales for cognition, self-care, aggression,…

Bill project authorizing the approval of the agreement between the French Republic Government and the Government of the Republic of India related to the allocation of intellectual property rights in the agreements on the development of peaceful uses of nuclear energy - No. 4021

International Nuclear Information System (INIS)

Juppe, Alain; Fillon, Francois

2011-01-01

This document is related to the nuclear cooperation agreement signed in September 2008 between France and India. As this cooperation may have different aspects and lead to different kinds of exchanges between both countries, the allocation of intellectual property rights is an important issue, and has also to deal with the Indian legal context. Thus, this agreement defines the main notions (intellectual property, application agreement, common results, own knowledge), outlines the importance of intellectual property protection, defines the modalities of use of information, outlines the need to foresee a protection for confidential information, addresses the use of information which is already existing or which is produced within the cooperation, and defines the main guidelines for the protection, the allocation and the use of common results obtained within the cooperation

Intellectual potential of population: theoretical and methodological framework for research

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Galina Valentinovna Leonidova

2014-03-01

Full Text Available The article considers the theoretical and methodological framework for the research into the population’s intellectual potential. The presented materials show that this category is the subject of interdisciplinary studies, including philosophy, psychology, sociology, pedagogics, economics. One of the important conclusions drawn from the analysis of the essence of intellectual potential is the conclusion that the actual level of intelligence is the result of its development. It means that certain efforts on the part of such social institutions like family, education, government, promote not only the formation of smart people, but also the implementation of their potential intellectual capabilities in the production, creation of cultural values, society management, education, etc. when using this approach, the intellect ceases to be just a research object of related disciplines, but it acquires social dimension and becomes a socio-economic category. The basic theories, concepts and approaches, used in its study, were analyzed. The theory of human capital was given a most thorough consideration, because, according to this theory, the income of a person is earned by knowledge, abilities and skills, i.e. the essence of intellectual properties of an individual. The article provides the author’s definition of the intellectual potential of the population, which brings to the fore the following elements necessary for the understanding of this category: relation to socioeconomic development, factors in the formation of the characteristic, including the need for training (reproduction of intelligent people, the psychological aspect (abilities, the carriers of intellectual potential are not ignored, because it is an attribute of the population. The article identifies methodological approaches to the estimation of the population’s intellectual potential, describes the applied procedures and research methods. The authors propose methodological

Impacts of intellectual property rights on marker-assisted selection research and application for agriculture in developing countries

International Nuclear Information System (INIS)

Henson-Apollonio, V.

2007-01-01

Although the impact of marker-assisted selection (MAS) in commercial and public sector breeding programmes in developing countries is to date limited to a few crops and traits, the potential benefits of using markers linked to genes of interest in breeding programmes for improving the productivity of crops, livestock, forest trees and farmed fish is substantial. While more recent methods associated with the use of MAS are technically demanding and often expensive, most applications of basic MAS were initially described in the literature, and thus will likely have very few intellectual property (IP) restrictions associated with their use, irrespective of the agricultural sector involved. For example, isolating DNA, amplifying specific gene sequences from that DNA (with most available primers), separating fragments using gel/polyacrylamide electrophoresis and imaging of fragments with standard techniques are likely to be available without restriction to scientists and breeders in the developing world, even as part of a commercial service. Problems arise when there is a need to use or develop high-throughput modes, which require more sophisticated technologies. For high-throughput use, a breeder will want to use the most efficient techniques that are currently available. This means that the more advanced processes/methods, reagents, software applications/simulations and equipment, which provide the most effective means to exploit MAS fully, are most likely covered by intellectual property rights (IPRs) such as patent rights, confidential information (trade secrets) and copyrights, both in industrialized countries and also in many developing countries such as Brazil, China and India. In situations where breeders wish to use cutting edge technologies and the most efficient markers, care must be taken to avoid activities that may infringe IPRs when using MAS methodologies. (author)

DIMENSIONS OF EXPERT REPORT COMPLEXITY IN INTELLECTUAL/INDUSTRIAL PROPERTY. CASE STUDY

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Raul Sorin Fântână

2016-11-01

Full Text Available The growing number of complex processes with the specific intellectual / industrial property demonstrated the need for highly qualified experts called in solving technical problems in the court files. The expertise in such field obliges to detailed knowledge of domestic and international law. However, those processes have as conjugate subjects: counterfeiting inventions, trademarks, industrial design; unfair competition; calculating damage that leads to highlighting the economic benefits, the latter requiring economic assessment of an intangible asset using in formula,in addition to economic data, micro - and macro-economic risk factors. Conflicts arise in a specific space. It is therefore necessary detailed knowledge of company law, competition law, that relating to interest, insolvency and bankruptcy in their developments. It should be considered domestic and European legal practice, as well as the rapid evolution of the meaning of legal terms and concepts. Experts have to understand solutions given in the prior complaints for correct interpretation of the provisions of the agreements, laws and regulations derived. The paper refersto one of the most complex expertise reports, which forced expert to integrated legislation acquaintances on patents, on insolvency and interest - in their evolution. But fundamentally, the expert had to understand the phenomenon of engineering and how to measure economic efficiency in the case of a divided invention.

Intellectual Freedom

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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…

PENGARUH KINERJA INTELLECTUAL CAPITAL TERHADAP KINERJA INTELLECTUAL CAPITAL PADA PERUSAHAAN MANUFAKTUR YANG TERDAFTAR DI BEI

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Windri Windri

2010-11-01

Full Text Available The aims of this study are to analyze the effect of intellectual capital performance on intellectualcapital disclosure in annual report of manufacturing company listed in Indonesia Stock Exchange(IDX period 2004-2006 and to analyze the level of intellectual capital disclosure in annualreport period 2004-2006. 50 companies was taken as samples in the research.This paper usescontent analysis to compile a measure of disclosure on each annual report of manufacturingcompany and statistical analysis to test whether intellectual capital performance has a positiveeffect to intellectual capital disclosure. Based on statistical analysis, it is concluded that theintellectual capital performance and firm size have a positive effect to intellectual capitaldisclosure. Leverage has no effect to intellectual capital disclosure. The result of content analysisshows that the intellectual capital disclosure in annual report of manufacturing company period2004-2006 are less than 50%.

FORMATION OF COMPETITIVE ADVANTAGES OF ENTERPRISES IN TERMS OF GLOBALIZATION: COMPETITIVE DYNAMICS AND AN INTELLECTUAL COMPONENT

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Oleg Tarasenko

2017-12-01

Full Text Available The purpose of the article is to investigate the current state of scientific thought in relation to the formation of intellectual capital of an enterprise in the innovation process, achievement by the enterprise of corresponding competitive advantages and their protection. Methodology. The methodological basis of the article is the systematic approach, which provided a comprehensive definition of the scope of this research – intellectual property and its protection as a complex economic and legal category. This made it possible to systematically define the purpose, level of abstraction, hierarchy, forms of manifestation, and key attributes of the subject of research. Application of principles of modelling of business processes also allowed studying the influence of factors of the external environment on the sequence of information flows in the process of forming competitive advantages on the basis of intellectual property. In addition, having determined the scientific basis, the collective and local monographic studies of leading scientists concerning the specificity of the formation of competitive advantages of innovative enterprises, including on the basis of intellectual capital, were also taken into account. Results. The article studies, describes and, correspondingly, formalizes modern processes of formation of competitive advantages in the conditions of Smart Economy: knowledge management, their patenting, modern significance, and the influence of patenting on the role of intellectual property in the investigated phenomena, as well as management of relevant information flows. Practical implications. The research demonstrates ways of forming competitive advantages in the modern economy, and the results of the analysis of relevant statistics explain patterns of economic and legal processes in the field of relevant practical activities. This allows assessing the actual state of the subject of the research, determining the development

"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......, 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...

Individuals with Mental Retardation and the Criminal Justice System: The View from States' Attorneys General.

Science.gov (United States)

McAfee, James K.; Gural, Michele

1988-01-01

Results of a survey of state attorneys general (N=46) found that, with few exceptions, identification of persons with mental retardation in criminal justice is neither systematic nor probable. Protections lie in statutes pertaining to mental illness rather than to mental retardation. (Author/DB)

28 CFR 30.7 - How does the Attorney General communicate with state and local officials concerning the...

Science.gov (United States)

2010-07-01

... Judicial Administration DEPARTMENT OF JUSTICE INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS... process under § 30.6, the Attorney General, to the extent permitted by law: (1) Uses the state process to...

Business, market and intellectual property analysis of polymer solar cells

International Nuclear Information System (INIS)

Nielsen, Torben D.; Krebs, Frederik C.; Cruickshank, Craig; Foged, Soeren; Thorsen, Jesper

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 that the polymer solar cell technology is very poorly protected in Europe with the central patents being valid in only France, Germany, the Netherlands and the United Kingdom. Several countries with a large potential for PV such as Portugal and Greece are completely open and have apparently no relevant patents. This is viewed as a great advantage for the possible commercialization of polymer solar cells in a European setting as the competition for the market will be based on the manufacturing performance rather than domination by a few patent stakeholders. (author)

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

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

Intellectual Capital Management in Transport Sector

Directory of Open Access Journals (Sweden)

Asta Znakovaitė

2011-03-01

Full Text Available This article presents an analysis of intellectual capital; its management, features and processes by which intellectual capital of a company can be evaluated. The main elements of intellectual capital (human, structural and relationship capital are presented and used in research. After surveying bibliography, intellectual capital evaluation model, which applies to Lithuanian and Latvian companies operating in the transport sector, is created. The research is based on the value-added intellectual capital factor model, the relationship between indicators, multi-asset return correlation and regression analysis and generation of alternatives to intellectual capital performance-enhancing. Following an assessment of intellectual capital of Lithuanian and Latvian transport sectors, on the basis of the results, it was found that the intellectual capital is a key factor in corporation management to increase revenue. Article in Lithuanian

The Relation between Intellectual Functioning and Adaptive Behavior in the Diagnosis of Intellectual Disability

Science.gov (United States)

Tassé, Marc J.; Luckasson, Ruth; Schalock, Robert L.

2016-01-01

Intellectual disability originates during the developmental period and is characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. In this article, we present a brief history of the diagnostic criteria of intellectual disability for both…

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.

The Performance of Intellectual Capital

DEFF Research Database (Denmark)

Murthy, Vijaya; Mouritsen, Jan

2011-01-01

Purpose – This paper aims to analyse the relationship between intellectual capital and financial capital using a case study. This makes it possible to discuss how intellectual capital is related to value creation with a degree of nuance that is absent from most statistical studies of relationships...... between human, organisational, relational and financial capital. Design/methodology/approach – The paper uses a case study of a firm that invests in intellectual capital in order to develop financial capital. It traces the relationship between intellectual capital elements and financial capital via...... interviews. This allows the development of a nuanced account of the performance of intellectual capital. This account questions the universality of the linear model typically found in statistical studies. The model makes it possible to show how items of intellectual capital not only interact but also compete...

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.

Medicine procurement and the use of flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights, 2001-2016.

Science.gov (United States)

't Hoen, Ellen Fm; Veraldi, Jacquelyn; Toebes, Brigit; Hogerzeil, Hans V

2018-03-01

Millions of people, particularly in low- and middle-income countries, lack access to effective pharmaceuticals, often because they are unaffordable. The 2001 Ministerial Conference of the World Trade Organization (WTO) adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and Public Health. The declaration recognized the implications of intellectual property rights for both new medicine development and the price of medicines. The declaration outlined measures, known as TRIPS flexibilities, that WTO Members can take to ensure access to medicines for all. These measures include compulsory licensing of medicines patents and the least-developed countries pharmaceutical transition measure. The aim of this study was to document the use of TRIPS flexibilities to access lower-priced generic medicines between 2001 and 2016. Overall, 176 instances of the possible use of TRIPS flexibilities by 89 countries were identified: 100 (56.8%) involved compulsory licences or public noncommercial use licences and 40 (22.7%) involved the least-developed countries pharmaceutical transition measure. The remainder were: 1 case of parallel importation; 3 research exceptions; and 32 non-patent-related measures. Of the 176 instances, 152 (86.4%) were implemented. They covered products for treating 14 different diseases. However, 137 (77.8%) concerned medicines for human immunodeficiency virus infection and acquired immune deficiency syndrome or related diseases. The use of TRIPS flexibilities was found to be more frequent than is commonly assumed. Given the problems faced by countries today in procuring high-priced, patented medicines, the practical, legal pathway provided by TRIPS flexibilities for accessing lower-cost generic equivalents is increasingly important.

Mothers with intellectual disabilities

OpenAIRE

Kolarič, Sandra

2015-01-01

For the theoretical part of this master's thesis foreign literature and finished foreign researches were studied. In this part of the thesis the characteristics of mothers with intellectual disabilities; factors, which influence the success of carrying out their mother role; and the rights of people with intellectual disabilities as parents, all based on Slovene legislation are included. We listed reasons for limiting reproduction for women with intellectual disabilities and issues concerning...

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…

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.

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.

Evaluation methods of the intellectual capital of the enterprise as a factor of production

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O. Y. Kolomytseva

2016-01-01

Full Text Available Intellectual capital is currently developing rapidly and is becoming the main source of innovation development and economic competitiveness. Defining intellectual capital as the sum of knowledge of all employees and tools of the organization, increasing the body of knowledge, i.e. everything that can be converted to value and secure economic competitiveness, it is necessary to distinguish three main structural element of intellectual capital: human, organizational and customer capital of the organization. And that's a property of their interaction, not their individual functioning, it forms a synergistic phenomenon. But at the same time, the cost of most of the components of intellectual capital are not reflected in the financial statements, and due to the lack of transparency and absence of market criteria rather difficult to evaluate intellectual capital. The article considers methods of assessment of intellectual capital of organization as factor of production on the example of scientific-production organization, JSC "Institute "VEGA". Performing analysis of the known methods of evaluation of intellectual capital, it should be concluded that the method of value added intellectual Ante Police most fully developed and gives the opportunity to assess the effectiveness of human capital in the performance of the enterprise, what's most important to domestic business. This technique includes a number of indicators that allow to take into account such characteristics as revenue, cost, capital investment and value-added physical, human and structural capital value added human capital that most accurately reflects the intellectual capital, what is the difference between market and book value and scoring.

[Patients unable to give consent and without a power of attorney or legal guardian in the geriatric department].

Science.gov (United States)

Schuler, M

2011-10-01

The importance of powers of attorney and legal guardians for patients in hospitals who are unable to make decisions for themselves is growing. Without an authorized person in these cases, treatment and discharge are more difficult. The goal of this study was to describe the problem from the point of view of an acute geriatric department and discuss the problems with respect to duration and expense of hospitalization. In addition, an attempt was undertaken to improve cooperation with the legal authorities in order to reduce the time required to process the request for the appointment of a legal guardian. A total of 24 consecutive patients appointed a legal guardian during their hospitalization were compared with 25 patients after the intervention. Of all patients treated in 2008, 2.1% needed an application for an appointed legal guardian (4.6% in 2009). These patients were more seriously ill and treated longer in the hospital compared to all patients. The intervention reduced the length of stay on average by 2.8 days. Independent risk factors for longer treatment were more seriously ill patients and later submission of the application after admittance to the hospital. For patients above the maximum length of stay, the move to a nursing home and the need of a professional legal guardian prolonged significantly the hospital treatment compared to those below the maximum length of stay. The data demonstrate that the German DRG system does not sufficiently consider the difficult management caused by patients without the ability to give consent to treatment and without a valid power of attorney. The time required until a professional legal guardian is appointed is too long for patients in a hospital. The necessity of a power of attorney has to be promoted more intensely to the public. Currently, the only two ways to minimize the problem is to identify the patients without, but needing a power of attorney as quickly as possible and to remain in close contact with the legal

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

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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.

The Death of the Concerned Intellectual?

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Chongyi Feng

2005-08-01

Full Text Available This paper offers a definition of the intellectual covering both professional and moral dimensions: An intellectual is a specialist who creates and communicates symbolised knowledge as means of living, and hopefully intervenes in social and political affairs in the name of universal values, truth and justice. "Symbolised knowledge" is used in the definition to avoid the confusion with other forms of knowledge derived from direct personal experience in production and life. The purpose of using "specialist" as the subject term is to exclude those categories such politicians, soldiers and business people who exercise political, military, financial and other forms of power instead of intellectual power in their social function. This paper argues that there are many roles played by intellectuals, and the social location and function of intellectuals can be fundamentally different in different societies. When production and communication of knowledge are taken as the primary concern of intellectuals, ‘the death of the concerned intellectual’ becomes an unwarranted anxiety, because there is no reason to believe that knowledge and truth will no longer be pursued and valued by humankind. Political marginalisation of critical intellectuals, where it is a reality, seems to be caused not so much by the lack of power of intellectuals as by the lack of solidarity among intellectuals to fight for a common cause. The problem lies as much in the lack of enthusiasm among intellectuals to transcend the boundaries of their professional relevance and intervene in broad social and political issues, as in institutional structures consuming too much energy and time of the intellectuals and seducing them to give up their social responsibilities for personal career.

Pragmatic Failure and Referential Ambiguity when Attorneys Ask Child Witnesses "Do You Know/Remember" Questions.

Science.gov (United States)

Evans, Angela D; Stolzenberg, Stacia N; Lyon, Thomas D

2017-05-01

"Do you know" and "Do you remember" (DYK/R) questions explicitly ask whether one knows or remembers some information while implicitly asking for that information. This study examined how 104 4- to 9-year-old children testifying in child sexual abuse cases responded to DYK/R wh- and yes/no questions. When asked DYK/R questions containing an implicit wh- question requesting information, children often provided unelaborated "Yes" responses. Attorneys' follow-up questions suggested that children usually misunderstood the pragmatics of the questions. When DYK/R questions contained an implicit yes/no question, unelaborated "Yes" or "No" responses could be responding to the explicit or the implicit questions resulting in referentially ambiguous responses. Children often provided referentially ambiguous responses and attorneys usually failed to disambiguate children's answers. Although pragmatic failure following DYK/R wh- questions decreased with age, the likelihood of referential ambiguity following DYK/R yes/no questions did not. The results highlight the risks of serious miscommunications caused by pragmatic misunderstanding and referential ambiguity when children testify.

Meeting the support needs of persons with mild intellectual disability or borderline intellectual functioning: still a long way to go.

Science.gov (United States)

Nouwens, P J G; Smulders, N B M; Embregts, P J C M; van Nieuwenhuizen, C

2017-12-01

Among persons with a mild intellectual disability or borderline intellectual functioning, differences in their characteristics imply that a differentiated approach is required to meet their needs. This retrospective study examined whether the history of support/treatment programs and the type of healthcare providers involved matched the specific support needs of persons with a mild intellectual disability or borderline intellectual functioning. Five (previously identified) profiles of persons with a mild intellectual disability or borderline intellectual functioning were used to investigate to what extent the support needs of this group had been met. For the 250 persons with mild intellectual disability or borderline intellectual functioning who matched these five profiles, data were collected retrospectively from their case files. Persons with mild intellectual disability or borderline intellectual functioning received a very similar amount and type of support/treatment programs. Differences between the profiles were found for non-verbal therapy, residential treatment and contacts with social work. Regarding the type of healthcare providers involved, differences between the profiles emerged for specialised intellectual disability services, youth services and specialised addiction services. The support programs for a heterogeneous population of persons with mild intellectual disability or borderline intellectual functioning seem to be suboptimal, indicating that more differentiation is required in the services offered to these individuals. © 2017 MENCAP and International Association of the Scientific Study of Intellectual and Developmental Disabilities and John Wiley & Sons Ltd.

STATISTICAL MODELS OF REPRESENTING INTELLECTUAL CAPITAL

Directory of Open Access Journals (Sweden)

Andreea Feraru

2016-06-01

Full Text Available This article entitled Statistical Models of Representing Intellectual Capital approaches and analyses the concept of intellectual capital, as well as the main models which can support enterprisers/managers in evaluating and quantifying the advantages of intellectual capital. Most authors examine intellectual capital from a static perspective and focus on the development of its various evaluation models. In this chapter we surveyed the classical static models: Sveiby, Edvisson, Balanced Scorecard, as well as the canonical model of intellectual capital. Among the group of static models for evaluating organisational intellectual capital the canonical model stands out. This model enables the structuring of organisational intellectual capital in: human capital, structural capital and relational capital. Although the model is widely spread, it is a static one and can thus create a series of errors in the process of evaluation, because all the three entities mentioned above are not independent from the viewpoint of their contents, as any logic of structuring complex entities requires.

We Should Not Give up on Kids: Interviews with former U.S. Attorney General Janet Reno.

Science.gov (United States)

Reno, Janet

2001-01-01

In two interviews Janet Reno, former U.S. Attorney General, discusses the biggest challenges facing children and youth and how government, families, and communities can come together to meet these challenges. The first interview was conducted by Mary Shahbazian; the second was conducted by Father Chris Riley. (Author)

Motor performance of children with mild intellectual disability and borderline intellectual functioning

NARCIS (Netherlands)

Vuijk, P. J.; Hartman, E.; Scherder, E.; Visscher, C.

2010-01-01

Background There is a relatively small body of research on the motor performance of children with mild intellectual disabilities (MID) and borderline intellectual functioning (BIF). Adequate levels of motor skills may contribute to lifelong enjoyment of physical activity, participation in sports and

Attorney General forces Infectious Diseases Society of America to redo Lyme guidelines due to flawed development process.

Science.gov (United States)

Johnson, L; Stricker, R B

2009-05-01

Lyme disease is one of the most controversial illnesses in the history of medicine. In 2006 the Connecticut Attorney General launched an antitrust investigation into the Lyme guidelines development process of the Infectious Diseases Society of America (IDSA). In a recent settlement with IDSA, the Attorney General noted important commercial conflicts of interest and suppression of scientific evidence that had tainted the guidelines process. This paper explores two broad ethical themes that influenced the IDSA investigation. The first is the growing problem of conflicts of interest among guidelines developers, and the second is the increasing centralisation of medical decisions by insurance companies, which use treatment guidelines as a means of controlling the practices of individual doctors and denying treatment for patients. The implications of the first-ever antitrust investigation of medical guidelines and the proposed model to remediate the tainted IDSA guidelines process are also discussed.

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.

What Intellectual Property Lawyers can learn from Barbra Streisand, Sepp Blatter, and the "Coca-Cola Cry-Baby": Dealing with "Trademark Bullying" in South Africa

OpenAIRE

André M Louw

2013-01-01

This article suggests some pause for reflection amongst intellectual property lawyers, and for serious consideration of the words of an internationally-renowned IP law expert: "Possessing a right does not mean that it is a good idea to enforce it always, and to the hilt. Discretion may be nine parts of possession". It provides some prominent, recent examples of trademark bullying or overly-aggressive enforcement in the IP law context. These examples are mainly from other jurisdictions but the...

Intangible liabilities: beyond models of intellectual assets

OpenAIRE

García Parra, Mercedes; Simó Guzmán, Pep; Sallán Leyes, José María; Mundet Hiern, Joan

2009-01-01

Purpose – Most models of intellectual capital measurment equal intellectual capital with intellectual assets. Nevertheless, companies sometimes must incur liabilities to make intellectual assets truly actionable. This fact suggests the existence of intangible liabilities. The aim of this paper is to refine the methods of assessment of intellectual capital by refining and extending the concept of intangible liabilities. Design/methodology/approach – The paper consists of a literature revi...

Understanding intellectual disability through RASopathies.

Science.gov (United States)

San Martín, Alvaro; Pagani, Mario Rafael

2014-01-01

Intellectual disability, commonly known as mental retardation in the International Classification of Disease from World Health Organization, is the term that describes an intellectual and adaptive cognitive disability that begins in early life during the developmental period. Currently the term intellectual disability is the preferred one. Although our understanding of the physiological basis of learning and learning disability is poor, a general idea is that such condition is quite permanent. However, investigations in animal models suggest that learning disability can be functional in nature and as such reversible through pharmacology or appropriate learning paradigms. A fraction of the cases of intellectual disability is caused by point mutations or deletions in genes that encode for proteins of the RAS/MAP kinase signaling pathway known as RASopathies. Here we examined the current understanding of the molecular mechanisms involved in this group of genetic disorders focusing in studies which provide evidence that intellectual disability is potentially treatable and curable. The evidence presented supports the idea that with the appropriate understanding of the molecular mechanisms involved, intellectual disability could be treated pharmacologically and perhaps through specific mechanistic-based teaching strategies. Copyright © 2014 Elsevier Ltd. All rights reserved.

Measuring intellectual capital of national economies

OpenAIRE

Rađenović, Tamara; Krstić, Bojan

2017-01-01

The importance of intellectual capital for creating and sustaining competitive advantage of firms has been well established and confirmed in theory and practice. Intellectual resources proved to be the most valuable resources in the process of value creation for various stakeholders. Starting from 1980s onwards, both researchers and practitioners have focused on finding the best solution for measuring intellectual capital in order to enable efficient management and reporting on intellectual c...

ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS

Directory of Open Access Journals (Sweden)

Ruxandra I. CHIRU

2017-05-01

Full Text Available The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.

Cyberneticization of the sense function in an intellectual control system

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G. G. Vorob’ev

2017-01-01

Full Text Available In the present work, from the standpoint of cybernetics, a sensible psychic function is considered, proposed by K.Jung in the framework of analytical psychology. The peculiarities of this function enabled Jung to distinguish it as an independent equivalent function of thinking, feeling and intuition, and to describe perceptive psychological types (extraverted and introvert. The special research in this work is carried out in view of the practical lack of similar materials by other researchers and the need to understand the meaning and role of the sensation function in the intellectual control system of the new generation, as a cybernetic system, expressing the ideas of analytical psychology. This work is based on the publications of well-known practicing psychologists and specialists in the field of cybernetics, as well as on the results of previous studies by the authors. An in-depth analysis of the properties of the sensory function, undertaken according to the given psychological descriptions, made it possible to correlate these properties with the positions of cybernetics in the part of information transmission and control. In order to correctly describe the action of the sensory function, two operations are proposed: diffusion (blurring and contraction (concentration of sensory images. The results of this study indicate that in natural systems, the sensory function operates already in the sensory perception of objective reality, and the operation of the sensible function determines the modes of operation of mental functions in any intellectual system that satisfies the provisions of analytical psychology. The meaning and role of the tangible function in the intellectual control system go well beyond the limits of only “simple transmission of images”, indicated by Jung. Analysis of the results of the study showed that it was the sensible function that could be provided for the psychic attitudes “extraversion” and �

Motor Performance of Children with Mild Intellectual Disability and Borderline Intellectual Functioning

Science.gov (United States)

Vuijk, P. J.; Hartman, E.; Scherder, E.; Visscher, C.

2010-01-01

Background: There is a relatively small body of research on the motor performance of children with mild intellectual disabilities (MID) and borderline intellectual functioning (BIF). Adequate levels of motor skills may contribute to lifelong enjoyment of physical activity, participation in sports and healthy lifestyles. The present study compares…

49 CFR 1103.3 - Persons not attorneys-at-law-qualifications and requirements for practice before the Board.

Science.gov (United States)

2010-10-01

... burden of proof is on the applicant to establish that the formal education satisfies the standards set... standards. A non-attorney applicant for admission to practice must meet one of the following requirements... secondary education and must possess technical knowledge, training or experience in the field of...

Understanding Intellectual Disability through Rasopathies

OpenAIRE

Alvaro, San Martín; Rafael, Pagani Mario

2014-01-01

Intellectual disability, commonly known as mental retardation in the International Classification of Disease from World Health Organization, is the term that describes an intellectual and adaptive cognitive disability that begins in early life during the developmental period. Currently the term intellectual disability is the preferred one. Although our understanding of the physiological basis of learning and learning disability is poor, a general idea is that such condition is quite permanent...

37 CFR 11.5 - Register of attorneys and agents in patent matters; practice before the Office.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Register of attorneys and agents in patent matters; practice before the Office. 11.5 Section 11.5 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE...

A dissent from the many dissents from Attorney General Ashcroft's interpretation of the Controlled Substances Act.

Science.gov (United States)

Spindelman, Marc

2003-01-01

In this essay, Professor Marc Spindelman examines the states' rights arguments that have been deployed in the Oregon v. Ashcroft litigation to challenge Attorney General John Ashcroft's interpretation of the federal Controlled Substances Act. Professor Spindelman criticizes those arguments as reflecting bad politics--politics of complicity--that self-styled liberals should resist and reject.

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).

Corporate governance and intellectual capital

Directory of Open Access Journals (Sweden)

Rahmat Alizadeh

2014-01-01

Full Text Available The purpose of this paper is to examine the association between corporate governance and Intellectual capital in the pharmaceutical companies accepted in Tehran Stock Exchange over the period 2004-2009 using a regression based model. The study investigates the impacts of three some independent variables of the corporate governance (i.e. the number of board members, the relative extent of nonexecutive to executive directors, the auditing committee. The results suggest that corporate governance had no special effect on intellectual capital in the pharmaceutical companies. Furthermore among corporate governance's variables, the first one (i.e. board size had negative impact on firms' intellectual capital and the second and the third variables had no effects on intellectual capital.

Harnessing the Power of Intellectual Capital.

Science.gov (United States)

Bassi, Laurie J.

1997-01-01

Describes intellectual capital--employees' brainpower, know-how, knowledge, and processes--and knowledge management--the processes by which a company creates and leverages intellectual capital--as the primary sources of competitive advantage in many industries. Offers ways to measure intellectual capital, a glossary, and additional resources. (JOW)

Intellectual property rights and gene-based technologies for animal production and health. Issues for developing countries

International Nuclear Information System (INIS)

Dutfield, G.

2005-01-01

Intellectual property rights (IPR) are legal and institutional devices to protect creations of the mind. With respect to gene-based innovation, the most significant IPR is patents. Appropriate patent regimes have the potential to foster innovation in animal biotechnology and the transfer of gene-based technologies. Inappropriate patent systems may be counter-productive. Indeed, many critics are doubtful that the current international patent standards, based as they are on a combination of the United States of America' and European regimes, can help countries that lack the capacity to do much life science and biotechnology research to become more innovative o r contribute to the acquisition, absorption and, where desirable, the adaptation of new gene-based technologies from outside. Present legislation in Europe, North America and internationally is considered, together with the controversies and important policy questions for developing countries, and the choices facing countries seeking to enhance their scientific and technological capacities in these areas. (author)

Measuring the impact of a public awareness campaign to increase Welfare Power of Attorney registrations in Scotland.

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Levin, Kate A; Carson, Jill; Crighton, Emilia

2017-07-01

to measure the impact of the 'My Power of Attorney' media campaign on the number of new power of attorney (POA) registrations in Scotland. POA registrations in Scotland processed by the Office of the Public Guardian during January 2010 to June 2015. multilevel Poisson models for POA registrations nested by council and annual quarter were run using Markov chain Monte Carlo methods, adjusting for time, campaign (variable ranging between 0 and 5 dependent on intensity of campaign measured by the number of media platforms received) and offset term mid-year population estimate for those aged 25 years+/65 years+. POA registrations saw a reduction between 2010 and 2011 but overall, increased between 2010 and 2015. POA registrations rose by 33.3% in Glasgow City between 2013 and 2014, when the campaign began, while the rest of Scotland saw a rise of 17.3%. When the data were modelled, Relative Risk (RR) of a POA registration increased with increasing intensity of campaign, so that in an area in receipt of the full campaign was RR = 1.31 (1.28, 1.34) that of an area with no campaign. Between council variation persisted after adjustment for campaign (Variance = 0.041 (0.011)). during the period of the campaign, area-level increases in POA registrations were observed associated with the 'My Power of Attorney' timing and location, in an approximate dose-response relationship with campaign intensity, suggesting that this is likely to be due to the campaign that began in Glasgow City. © The Author 2017. Published by Oxford University Press on behalf of the British Geriatrics Society.All rights reserved. For permissions, please email: journals.permissions@oup.com

Medicine procurement and the use of flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights, 2001–2016

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Veraldi, Jacquelyn; Toebes, Brigit; Hogerzeil, Hans V

2018-01-01

Abstract Millions of people, particularly in low- and middle-income countries, lack access to effective pharmaceuticals, often because they are unaffordable. The 2001 Ministerial Conference of the World Trade Organization (WTO) adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and Public Health. The declaration recognized the implications of intellectual property rights for both new medicine development and the price of medicines. The declaration outlined measures, known as TRIPS flexibilities, that WTO Members can take to ensure access to medicines for all. These measures include compulsory licensing of medicines patents and the least-developed countries pharmaceutical transition measure. The aim of this study was to document the use of TRIPS flexibilities to access lower-priced generic medicines between 2001 and 2016. Overall, 176 instances of the possible use of TRIPS flexibilities by 89 countries were identified: 100 (56.8%) involved compulsory licences or public noncommercial use licences and 40 (22.7%) involved the least-developed countries pharmaceutical transition measure. The remainder were: 1 case of parallel importation; 3 research exceptions; and 32 non-patent-related measures. Of the 176 instances, 152 (86.4%) were implemented. They covered products for treating 14 different diseases. However, 137 (77.8%) concerned medicines for human immunodeficiency virus infection and acquired immune deficiency syndrome or related diseases. The use of TRIPS flexibilities was found to be more frequent than is commonly assumed. Given the problems faced by countries today in procuring high-priced, patented medicines, the practical, legal pathway provided by TRIPS flexibilities for accessing lower-cost generic equivalents is increasingly important. PMID:29531417

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

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

2018-02-17

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." © 2017 The American Society for Aesthetic Plastic Surgery, Inc. Reprints and permission: journals.permissions@oup.com

Cognitive and Interpersonal Features of Intellectual Humility.

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Leary, Mark R; Diebels, Kate J; Davisson, Erin K; Jongman-Sereno, Katrina P; Isherwood, Jennifer C; Raimi, Kaitlin T; Deffler, Samantha A; Hoyle, Rick H

2017-06-01

Four studies examined intellectual humility-the degree to which people recognize that their beliefs might be wrong. Using a new Intellectual Humility (IH) Scale, Study 1 showed that intellectual humility was associated with variables related to openness, curiosity, tolerance of ambiguity, and low dogmatism. Study 2 revealed that participants high in intellectual humility were less certain that their beliefs about religion were correct and judged people less on the basis of their religious opinions. In Study 3, participants high in intellectual humility were less inclined to think that politicians who changed their attitudes were "flip-flopping," and Study 4 showed that people high in intellectual humility were more attuned to the strength of persuasive arguments than those who were low. In addition to extending our understanding of intellectual humility, this research demonstrates that the IH Scale is a valid measure of the degree to which people recognize that their beliefs are fallible.

Scholars, Intellectuals, and Bricoleurs

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Papson, Stephen

2014-01-01

This essay explores three orientations to knowledge: the scholar, the intellectual, and the bricoleur. It argues that although the scholar and the intellectual are tied closely to the Liberal Arts and Humanities and dominate academic public relations discourse, both students and faculty increasingly use the practice of bricolage to gather and…

The bioethicist as public intellectual.

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Parsi, Kayhan P; Geraghty, Karen E

2004-01-01

Public intellectuals have long played a role in American culture, filling the gap between the academic elite and the educated public. According to some commentators, the role of the public intellectual has undergone a steady decline for the past several decades, being replaced by the academic expert. The most notable cause of this decline has been both the growth of the academy in the twentieth century,which has served to concentrate intellectual activity within its confines, and the changing nature of the media, which has framed the way in which information is conveyed to the public. We argue that although bioethics has developed primarily within the academic tradition and utilized the role of expert when dealing with the public, bioethicists are well suited to don the mantle of the public intellectual. Indeed, because they address issues in medicine and science of great relevance for the general public, bioethicists have a duty to revitalize the tradition of public intellectuals as a necessary complement to the important, but narrower role of the expert.

FY 1997 report of survey on the intellectual property in international collaboration research project; 1997 nendo chosa hokokusho (kokusai kyodo kenkyu ni okeru chiteki zaisanken ni tsuite no chosa hokokusho)

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-03-01

In promoting international collaboration research project, coordination of the patent system of each country which participants to the project belong to has broad implications in concluding the contract for the project. For example, in Japan, 100% of the patent belongs to the government for contrast or collaboration project with the government. While, in the USA, the patent developed by the private company belongs to the private company even for the contrast project. In Japan, the shared patent can not be transferred to the third party or implemented without agreement with the partner. While, in the USA, the shared patent can be transferred to the third party or implemented without agreement with the partner. Due to such a difference, some projects can not be established by ill coordination of intellectual property even when the meaning of the projects is well understood. In this survey, was investigated the outline of patent systems of major countries to study about what should well balanced treatment of intellectual property in international collaboration research project be in the future. 4 figs., 8 tabs.

Anesthesia for intellectually disabled

Directory of Open Access Journals (Sweden)

Kapil Chaudhary

2017-01-01

Full Text Available Anesthetizing an intellectually disabled patient is a challenge due to lack of cognition and communication which makes perioperative evaluation difficult. The presence of associated medical problems and lack of cooperation further complicates the anesthetic technique. An online literature search was performed using keywords anesthesia, intellectually disabled, and mentally retarded and relevant articles were included for review. There is scarcity of literature dealing with intellectually disabled patients. The present review highlights the anesthetic challenges, their relevant evidence-based management, and the role of caretakers in the perioperative period. Proper understanding of the associated problems along with a considerate and unhurried approach are the essentials of anesthetic management of these patients.

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.

Children with intellectual disability and hospice utilization.

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Lindley, Lisa C; Colman, Mari Beth; Meadows, John T

2017-02-01

Over 42,000 children die each year in the United States, including those with intellectual disability (ID). Survival is often reduced when children with intellectual disability also suffer from significant motor dysfunction, progressive congenital conditions, and comorbidities. Yet, little is known about hospice care for children with intellectual disability. The purpose of this study was to explore the relationship between intellectual disability and hospice utilization. Additionally, we explored whether intellectual disability combined with motor dysfunction, progressive congenital conditions, and comorbidities influenced pediatric hospice utilization. Using a retrospective cohort design and data from the 2009 to 2010 California Medicaid claims files, we conducted a multivariate analysis of hospice utilization. This study shows that intellectual disability was negatively related to hospice enrollment and length of stay. We also found that when children had both intellectual disability and comorbidities, there was a positive association with enrolling in hospice care. A number of clinical implications can be drawn from the study findings that hospice and palliative care nurses use to improve their clinical practice of caring for children with ID and their families at end of life.

Intellectualism and Spirituality in Miguel de Unamuno

Directory of Open Access Journals (Sweden)

Alicia Villar Ezcurra

2017-08-01

Full Text Available Miguel de Unamuno, one of the most prominent intellectuals of Spain towards the end of the 19th century and first third of the 20th century, since his crisis in 1987 strived to warn of the limits to intellectualism. In his paper Intellectualism and Spirituality (March 1904, he reflected on the bodily, intellectual and spiritual dimensions of the human being, mindful of the First Letter of St. Paul to the Corinthians. He defined three types of people: the carnal (the downright uneducated, the intellectual (those who show logic and common sense and the spiritual (dreamers and poets. Without undermining intellectualism and facing the reductionism of any sign, as Pascal Unamuno highlighted the importance and significance of spirituality by being aware that it focuses on creating meaning and conquering the ideal, paving the way for a more fruitful life.

Economic intelligence and intellectual capital in agriculture competitiveness: Case study

Directory of Open Access Journals (Sweden)

Nešković Slobodan

2016-01-01

Full Text Available The process of globalization in the last few decades conditioned the many technological, economic and social changes which have transformed the world market of agricultural products and the impact on the competitive environment. In the modern world, creating material value in agricultural production more and more the result of the intangible factors and production is increasingly based on knowledge, skills and innovation of employees. In the industrial age the necessary resources to achieve competitive advantages were capital, natural resources and work, while in today's knowledge-based economy the importance is on the information, innovation, knowledge, intellectual capital and intellectual property - that have become the foundation of creating all other values. These values are, because of their great importance in achieving the modern competitive advantages, very often the target of economic intelligence and therefore require all available forms of protection. The sector of agricultural production can make a significant contribution to improving the overall national competitiveness if it is based on intellectual capital as evidenced by the country with highly developed agriculture. However, by observing global changes can be concluded that Serbia in this sector has unused potential for growth and development.

Is Intellectual Character Growth a Realistic Educational Aim?

Science.gov (United States)

Baehr, Jason

2016-01-01

Responsibilist approaches to virtue epistemology examine the epistemic significance of intellectual virtues like curiosity, attentiveness, intellectual humility, open-mindedness, intellectual courage, and intellectual tenacity. On one way of thinking about these traits, they are the deep personal qualities or character traits of a good thinker or…

Summary of State Policy Regulations for Public Sector Labor Relations: Statutes, Attorney Generals' Opinions and Selected Court Decisions.

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Labor Management Services Administration (DOL), Washington, DC. Div. of Public Employee Labor Relations.

This chart represents a state-by-state compilation of the numerous statutes, executive orders, attorney general opinions, and court decisions which govern state and local government labor relations. Where available, information on each authority includes: (1) administrative body, (2) bargaining rights, (3) recognition rights and procedure, (4)…

A review of measures used in the screening, assessment and diagnosis of dementia in people with an intellectual disability.

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McKenzie, Karen; Metcalfe, Dale; Murray, George

2018-02-09

The increasing number of individuals with an intellectual disability who are at risk of developing dementia highlights the need to use measures with strong psychometric properties as part of the screening, assessment and diagnostic process. Searches were made of clinical and good practice guidelines and English language journal articles sourced from Proquest, Web of Science and Scopus databases (up to July 2017) for tools which were designed or adapted for the purpose of helping to diagnose dementia in people with intellectual disability. Based on a detailed review of 81 articles and guidelines, the present authors identified 22 relevant tools (12 cognitive, 10 behaviour). These were reviewed in terms of their psychometric properties. A number of tools were found to be available for use with people with intellectual disability; however, few were specifically standardized for this purpose which also had comprehensive information about reliability and validity. © 2018 John Wiley & Sons Ltd.

Adolescents with intellectual disability and suicidal behavior.

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Merrick, Joav; Merrick, Efrat; Morad, Mohammed; Kandel, Isack

2005-09-08

It has been assumed that impaired intellectual capacity could act as a buffer to suicidality in the population of children and adolescents with intellectual disability. The few studies that have been conducted contest this assumption and in fact the findings showed that the characteristics of suicidality in the population of children and adolescents with intellectual disability are very similar to other adolescents without intellectual disability. This paper reviews the few studies conducted and describe the symptomatology in this population.

26 CFR 20.2053-8 - Deduction for expenses in administering property not subject to claims.

Science.gov (United States)

2010-04-01

..., DEPARTMENT OF THE TREASURY (CONTINUED) ESTATE AND GIFT TAXES ESTATE TAX; ESTATES OF DECEDENTS DYING AFTER... property included in a decedent's gross estate for estate tax purposes but not included in his probate... determining the extent to which trustee's commissions, attorney's and accountant's fees, and miscellaneous...

75 FR 6816 - Attorneys' Fees; Fee-Generating Cases; Use of Non-LSC Funds, Transfers of LSC Funds, Program...

Science.gov (United States)

2010-02-11

... also moving provisions on accounting for and use of attorneys' fees and acceptance of reimbursements... reimbursements of costs from a client. The regulation also sets forth rules for the accounting for and use of... recipient to provide services to additional clients and help close the justice gap.\\1\\ More fundamental, the...

Adolescents with Intellectual Disability and Suicidal Behavior

Directory of Open Access Journals (Sweden)

Joav Merrick

2005-01-01

Full Text Available It has been assumed that impaired intellectual capacity could act as a buffer to suicidality in the population of children and adolescents with intellectual disability. The few studies that have been conducted contest this assumption, and in fact, the findings showed that the characteristics of suicidality in the population of children and adolescents with intellectual disability are very similar to other adolescents without intellectual disability. This paper reviews the few studies conducted and describe the symptomatology in this population.