WorldWideScience

Sample records for intellectual property law

  1. Contemporary intellectual property law and policy

    CERN Document Server

    MacQueen, Hector; Laurie, Graeme; Brown, Abbe

    2011-01-01

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

  2. Contemporary intellectual property law and policy

    CERN Document Server

    Waelde, Charlotte; Kheria, Smita; Cornwell, Jane

    2016-01-01

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

  3. 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...

  4. 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...

  5. INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

    Directory of Open Access Journals (Sweden)

    Valerie Selvie Sinaga

    2013-04-01

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

  6. 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.

  7. 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.

  8. European Union competition law, intellectual property law and standardization

    NARCIS (Netherlands)

    Geradin, Damien; Contreras, Jorge L.

    2016-01-01

    This paper provides an overview of the efforts of the European Commission to identify and, when necessary, challenge anticompetitive behaviour with respect to standardization and the licensing of standardized technologies, as well as the case-law of the CJEU on the same subject. The paper starts by

  9. 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...

  10. 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....

  11. 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.

  12. Intellectual Property.

    Science.gov (United States)

    St. Clair, Gloriana

    1992-01-01

    Discusses issues of copyright and the transfer or use of intellectual property as they relate to librarians. Topics addressed include the purpose of copyright laws, financial losses to publishers from pirating, cultural views of pirating, the fair use doctrine, concerns of authors of scholarly materials, impact of increasing library automation and…

  13. Intellectual Property.

    Science.gov (United States)

    Swinson, John V.

    2000-01-01

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

  14. 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.

  15. 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...

  16. Intellectual property law and competition law in China - Analysis of the current framework and comparison with the EU approach

    Directory of Open Access Journals (Sweden)

    Yeung Nga Man

    2014-05-01

    Full Text Available In this paper Yeung Nga Man looks at the question of protection of intellectual property rights in the Chinese legal system with comparative reference to policy and practice in the European Union. What is the best way to stimulate competition but yet also protect innovation? Part I of the essay examines the present IPRs protection in China. In Part II, contrary to the myth that competition and IP law conflict with one another, the author argues that both foster innovation and development, and enhance consumer welfare. Part III discusses the competition law regime in China with a specific focus on AML and evaluation of the enforcement of the regime. Part IV outlines the European Union approach, which China might consider adopting. Part V discusses the Block Exemptions approach from the E.U. on horizontal agreements.

  17. Intellectual property

    Directory of Open Access Journals (Sweden)

    MSc. Shpresa Ibrahimi

    2012-06-01

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

  18. 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.

  19. 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

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

    NARCIS (Netherlands)

    W. Liu (Wenqi)

    2014-01-01

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

  1. Development of international regulation of intellectual property

    OpenAIRE

    Schmitz Vaccaro, Christian

    2013-01-01

    In recent years we have seen a true internationalization of intellectual property laws. So today one can easily familiarize with foreign laws on intellectual property, due to their increasing uniformity and homogeneity. This is the result of numerous international treaties and two international organizations. At the multilateral level, the World Intellectual Property Organization (WIPO) administers 24 treaties on intellectual property, and for its part, the World Trade Organization (WTO) is i...

  2. 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...

  3. Intellectual Property Rights Management

    DEFF Research Database (Denmark)

    Alkærsig, Lars; Beukel, Karin; Reichstein, Toke

    Intellectual Property Rights Management explores how the entire toolbox of intellectual property (IP) protection and management are successfully combined and how firms generate value from IP. In particular, this book provides a framework of archetypes which firms will be able to self...

  4. 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

  5.   Exhaustion of Rights and Common Principles of European Intellectual Property Law

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2010-01-01

    of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas...

  6. 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...

  7. 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

  8. 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

  9. Paradigm shift in European intellectual property law? From Microsoft to Linux

    NARCIS (Netherlands)

    Guibault, L.

    2006-01-01

    The author Lucie Guibault analyzes the phenomenon of "open source" software and its impact on copyright and patent law. These software are freely distributed on the Internet and their modification and redistribution are encouraged. However, selling or commercializing such software is highly

  10. 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....

  11. 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…

  12. CORRELATION BETWEEN INTELLECTUAL PROPERTY AND SCIENTIFIC ACTIVITY

    Directory of Open Access Journals (Sweden)

    Nataliia Shust

    2017-07-01

    Full Text Available Purpose: The article is dedicated to the analysis of legal nature and peculiarities of optimal correlation between the notions of intellectual property and scientific activity. Nowadays intellectual property as institution goes through the period of establishment in Ukraine. As the Soviet system of civil law was based on recognition and regulation of authors’ rights for the authors of scientific works, discoveries, inventions and innovation proposals as the ones having mainly relative, i.e. legally mandatory, but not absolute character.  Getting started to define the notion of intellectual property and intellectual property right in the system of interaction with scientific activity, it is important to say that such notion as “intellectual property” still needs enhancement. Its imperfection is due to the fact that this kind of property implies being formed by intellectual efforts of the author of scientific work, but legally it is processed with the help of documents that guarantee property right. Methods. General scientific method, philosophical method, specially-legal method of scientific research, system analysis method. Results: It is important to emphasize that not every result of scientific or creative work can become the object of intellectual property right, but the one that corresponds with law. Any scientific work falls within the purview of law if it corresponds with law demands. Scientific and technical results obtain legal protection only in case of appropriate qualification established by specific agency of State administration and issuement of law-enforcement document being limited by the territory of Ukraine. Protection of rights on the territory of other countries is realized only on the basis of correspondent international conventions and treaties. Discussion: Advanced modern countries realized the meaning and importance of usage and proper protection of creative and scientific work results known as “intellectual

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

    Directory of Open Access Journals (Sweden)

    Arachu Castro

    2007-01-01

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

  14. 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://...

  15. 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)

  16. Debates on Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Paula – Angela VIDRAŞCU

    2014-09-01

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

  17. Intellectual property rights in nanotechnology

    International Nuclear Information System (INIS)

    Bastani, Behfar; Fernandez, Dennis

    2002-01-01

    Intellectual property (IP) rights are essential in today's technology-driven age. Building a strategic IP portfolio is economically important from both an offensive and defensive standpoint. After an introduction to intellectual property rights and acquisitions, we provide an overview of current efforts in nanotechnology. Research into nano-scale materials and devices and requirements for their efficient mass production are outlined, with focus on the applicable IP rights and strategies. We present current and future applications of nanotechnology to such fields as electronics, sensors, aerospace, medicine, environment and sanitation, together with the IP rights that can be brought to bear in each. Finally, some challenging issues surrounding the acquisition of intellectual property rights in nanotechnology are presented

  18. Property law in Jersey

    OpenAIRE

    MacLeod, Rebecca Frances

    2012-01-01

    Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitab...

  19. 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.

  20. 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....

  1. A philosophical approach to intellectual property rights

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    2000-01-01

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

  2. Intellectual property and information controversy(I)

    Science.gov (United States)

    Aoyama, Hirokazu

    This paper deals with intellectual property as the results of various intellectual activities such as R & D, and intellectual proprietary rights which protect it. New technology, designs, literary works, computer programs, semiconductor chips, new plant breeding, brands, trading secrets, CI and others, and legislations which protect them are described. Then, the background of the fact that intellectual proprietary rights are emphasized as analyzed. The author points out items as follows; movement toward much larger size of R & D, generation of the areas to be newly protected, trend in enforcement of intellectual property protection, commercialization of intellectual property, trend in software evolution, movement in technological protectionism, and the present status on each item.

  3. 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…

  4. Evaluation and Future Direction of Intellectual Property Strategy - Setting out a new intellectual property policy - (Japanese)

    OpenAIRE

    KUGAI Takashi

    2010-01-01

    1. An intellectual property strategy is a policy aimed at improving the international competitiveness of industry and reinvigorating the economy through the creation, protection, and greater use of intellectual property. 2. The realization of IP policies conventionally considered difficult to implement and greater awareness of intellectual property at all levels of society, as demonstrated the establishment of Intellectual Property High Courts that exclusively and solely handle intellectual p...

  5. Intellectual Property Policies at Canadian Universities

    OpenAIRE

    Hen, M.

    2010-01-01

    The present study examines the Intellectual Property policies at schools selected from Research Infosource’s Canada’s Top 50 research universities 2009 (http://www.researchinfosource.com/). This work is a continuation and extension of Dr. Bruce P. Clayman’s original idea and piece University intellectual property policies.

  6. 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 ...

  7. 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…

  8. 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

  9. The trespasses of property law.

    Science.gov (United States)

    Wall, Jesse

    2014-01-01

    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

  10. 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.

  11. ORGANIZATIONAL SUPPORT OF INTELLECTUAL PROPERTY MANAGEMENT AT THE ENTERPRISE

    Directory of Open Access Journals (Sweden)

    I. Kornilova

    2015-08-01

    Full Text Available The article deals with theoretical issues of organizational support of intellectual property management at the enterprise. It is defined the nature, goals, objectives organization of intellectual property. It is selected the features, factors of influence on the choice of organizational structure and organizational form of intellectual property management on an enterprise. It is proposed systematization forms of organizational maintenance of intellectual property management at different classification criteria. Attention is paid to consider outsourcing forms of operations with intellectual property.

  12. 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...

  13. 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...

  14. An Overview of Human Rights and Intellectual Property Protection

    Directory of Open Access Journals (Sweden)

    Maysa Said Bydoon

    2016-12-01

    Full Text Available The purpose of this article is to discuss the legal framework of human rights and intellectual property in terms of state obligations to afford a protection for both human rights and intellectual property. The relationship between intellectual property and human rights, under bilateral, regional and multilateral treaties, is a matter of concern. In focusing on the relationship between intellectual property and human rights, this article argues that there are many challenges on the wide use of Intellectual property rights that given possible conflict between intellectual property and human rights.

  15. 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.

  16. 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.

  17. 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

  18. 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

  19. 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

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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...

  11. 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.

  12. 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

  13. 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 ...

  14. 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…

  15. 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...

  16. 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 ...

  17. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  19. 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...

  20. '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 ...

  1. 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.

  2. 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.

  3. 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.

  4. 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...

  5. 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.

  6. 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 ...

  7. 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.

  8. 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

  9. 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.

  10. 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.

  11. 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.

  12. Intellectual property-A strong determinant of Economic Growth

    Directory of Open Access Journals (Sweden)

    Love k Singh

    2009-12-01

    Full Text Available

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

  13. Leveraging Old Intellectual Property to Accelerate Technology Entrepreneurship

    Directory of Open Access Journals (Sweden)

    Derek Smith

    2013-06-01

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

  14. 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...

  15. 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...

  16. 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.

  17. 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.

  18. [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.

  19. 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.

  20. 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...

  1. 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

  2. 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

  3. 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…

  4. 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…

  5. 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…

  6. 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’.

  7. 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

  8. 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.

  9. 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

  10. 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…

  11. 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…

  12. 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.

  13. 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.

  14. 10 CFR 600.325 - Intellectual property.

    Science.gov (United States)

    2010-01-01

    ... DEPARTMENT OF ENERGY (CONTINUED) ASSISTANCE REGULATIONS FINANCIAL ASSISTANCE RULES Administrative... availability of the technology would also benefit the government, e.g., clean-up of DOE facilities. The scope... otherwise provided by paragraphs (e) and (f) of this section or other law, any award under this subpart must...

  15. 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).

  16. 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.

  17. 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.

  18. | Yilma | Mizan Law Review

    African Journals Online (AJOL)

    The current information age requires intellectual property laws to catch up with and proactively regulate unfolding technological realities. The dynamic advances in the domain of the Internet have thus necessitated corresponding changes in Ethiopias intellectual property legal regime including copyright laws in relation with ...

  19. 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...

  20. 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...

  1. 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.

  2. 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...

  3. 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 ...

  4. 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...

  5. 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...

  6. 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

  7. 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…

  8. 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).

  9. 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.

  10. 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)

  11. 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.

  12. 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.

  13. 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...

  14. 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...

  15. 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.

  16. 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.

  17. 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...

  18. 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.

  19. 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.

  20. People's Judgments About Classic Property Law Cases.

    Science.gov (United States)

    DeScioli, Peter; Karpoff, Rachel

    2015-06-01

    People's judgments about property shape how they relate to other people with respect to resources. Property law cases can provide a valuable window into ownership judgments because disputants often use conflicting rules for ownership, offering opportunities to distinguish these basic rules. Here we report a series of ten studies investigating people's judgments about classic property law cases dealing with found objects. The cases address a range of issues, including the relativity of ownership, finder versus landowner rights, object location, objects below- versus above-ground, mislaid versus lost objects, contracts between landowners and finders, and the distinction between public and private space. The results show nuanced patterns in ownership judgments that are not well-explained by previous psychological theories. Also, people's judgments often conflict with court decisions and legal principles. These empirical patterns can be used to generate and test novel hypotheses about the intuitive logic of ownership.

  1. 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...

  2. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  4. 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...

  5. 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...

  6. LEGAL STATUS OF ADVISORS IN THE FIELD OF INTELLECTUAL PROPERTY RIGHT IN THE UNITED KINGDOM

    Directory of Open Access Journals (Sweden)

    Khrystyna Kmetyk

    2017-11-01

    Full Text Available Purpose: to research the legal status of advisors in the field of intellectual property right in the United Kingdom. In this article an author distinguishes and gives a legal description of the types of advisors in the field of intellectual property right in the United Kingdom. The main provisions of the Rules of Conduct for Patent Attorneys, Ttrade Mark Attorneys and Other Regulated Persons (2015 are considered. Methods: to analyse the legal status of advisors in the field of intellectual property right in the United Kingdom the method of induction, systematic approach, formal legal methods were used. Results: this research provides an opportunity to broaden the understanding of the institute of advisors in the field of intellectual property right (in particular patent attorneys and trademark attorneys in the UK and thus include this knowledge in domestic research on intellectual property right. Conclusions: the majority of types of advisors in the field of intellectual property right in the United Kingdom (patent attorneys, chartered patent attorneys, European patent attorneys, registered trademark attorneys and trademark attorneys, European trademark attorneys, etc. is well-educated professionals in all areas of intellectual property and are able to advise on a wide range of technical and commercial issues in this field. The obtained results will have a positive impact on the reform of the institute of representatives in the field of intellectual property in Ukraine in order to ensure its effectiveness and relevance to the challenges of the present.

  7. 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…

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

    Directory of Open Access Journals (Sweden)

    Roberta L Rodrigues

    2011-06-01

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

  9. 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.

  10. 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...

  11. 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...

  12. 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...

  13. 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

  14. 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...

  15. 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.

  16. 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.

  17. 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.

  18. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  20. Law and Economics of Security Interests in Intellectual Property

    NARCIS (Netherlands)

    M. Lin (Min)

    2017-01-01

    markdownabstractWhen the idea of promoting the use of IP as collateral in debt finance as a solution to the R&D external finance problem comes into mind, the most intuitive concerns and practical difficulties are about the commercial and legal risks, and the resulting high transaction costs. With

  1. Book review: W. van Caenegem, Intellectual Property Law and Innovation

    NARCIS (Netherlands)

    Brack, Antoni

    2007-01-01

    This is in several respects an attractive publication. In over 200 pages, a wealth of insights is offered to the reader about the legal instruments to support and protect industrial innovations. The text is supplemented by a list of acronyms, tables of statutes and cases, an extensive bibliography

  2. 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.

  3. 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.

  4. 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

  5. History of establishment of scientific technology law focused on exchanges of Korea, China and Japan

    International Nuclear Information System (INIS)

    Lee, Gyeong Hui

    1990-10-01

    This book introduces science and technology promotion related law, industrial technology related law, resources and energy related law, nuclear energy related law, information and communication related law, intellectual property right related law, and environment related law. It explains process of development of 7 laws in threes countries and relations of three countries exchanges. It also covers special law for science and technology innovation, electric utility law, petroleum enterprise law, telecommunication related law, law of settlement of digital divide, and information-oriented law.

  6. 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…

  7. 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.

  8. 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.

  9. 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.

  10. 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)

  11. 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

  12. 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...

  13. 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...

  14. 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...

  15. 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 ...

  16. 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...

  17. 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

  18. 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.

  19. Integrating International Business Law Concepts into a High School Business Law Course.

    Science.gov (United States)

    Golden, Cathleen J.; McDonald, Michael L.

    1998-01-01

    Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…

  20. 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…

  1. Social Networks in context of cyberspace. Consumers, electronic commerce and intellectual property in the light of the Cuban case

    Directory of Open Access Journals (Sweden)

    Nelvys Mendoza Gurdián

    2018-06-01

    Full Text Available Face the state of vulnerability in the context of cyberspace, it is necessary to reflect on the social networks and law, from a holistic approach aimed at the vulnerability of rights associated with the information in this environment. This work general objective is to analyse the phenomenon of online social networks and the information society, emphasizing on the study of the legal aspects related to consumers, electronic commerce and intellectual property. The methodology used aims to conceptualize the category of social networks, examinate the aspects associated with law in the use of social networks and establish the conceptual, legal and conflicting points of relevance. This will allow describing the problems under study and propose alternatives for a sphere of integrative protection that harmonizes the edges of the preventive, the corrective and the prophylactic.

  2. 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).

  3. 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.

  4. 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.

  5. 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.

  6. 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

  7. 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.

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

    Science.gov (United States)

    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

  9. Decay properties of linear thermoelastic plates: Cattaneo versus Fourier law

    KAUST Repository

    Said-Houari, Belkacem

    2013-01-01

    In this article, we investigate the decay properties of the linear thermoelastic plate equations in the whole space for both Fourier and Cattaneo's laws of heat conduction. We point out that while the paradox of infinite propagation speed inherent

  10. Scaling laws and properties of compositional data

    Science.gov (United States)

    Buccianti, Antonella; Albanese, Stefano; Lima, AnnaMaria; Minolfi, Giulia; De Vivo, Benedetto

    2016-04-01

    Many random processes occur in geochemistry. Accurate predictions of the manner in which elements or chemical species interact each other are needed to construct models able to treat presence of random components. Geochemical variables actually observed are the consequence of several events, some of which may be poorly defined or imperfectly understood. Variables tend to change with time/space but, despite their complexity, may share specific common traits and it is possible to model them stochastically. Description of the frequency distribution of the geochemical abundances has been an important target of research, attracting attention for at least 100 years, starting with CLARKE (1889) and continued by GOLDSCHMIDT (1933) and WEDEPOHL (1955). However, it was AHRENS (1954a,b) who focussed on the effect of skewness distributions, for example the log-normal distribution, regarded by him as a fundamental law of geochemistry. Although modeling of frequency distributions with some probabilistic models (for example Gaussian, log-normal, Pareto) has been well discussed in several fields of application, little attention has been devoted to the features of compositional data. When compositional nature of data is taken into account, the most typical distribution models for compositions are the Dirichlet and the additive logistic normal (or normal on the simplex) (AITCHISON et al. 2003; MATEU-FIGUERAS et al. 2005; MATEU-FIGUERAS and PAWLOWSKY-GLAHN 2008; MATEU-FIGUERAS et al. 2013). As an alternative, because compositional data have to be transformed from simplex space to real space, coordinates obtained by the ilr transformation or by application of the concept of balance can be analyzed by classical methods (EGOZCUE et al. 2003). In this contribution an approach coherent with the properties of compositional information is proposed and used to investigate the shape of the frequency distribution of compositional data. The purpose is to understand data-generation processes

  11. 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.

  12. 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...

  13. 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...

  14. 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...

  15. 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 ...

  16. 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...

  17. 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...

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

    Science.gov (United States)

    Hoffman, Gary M.; Marcou, George T.

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

  19. 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

  20. 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…

  1. 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…

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

    NARCIS (Netherlands)

    Reekum, Antonie Henric van

    1999-01-01

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

  3. The Role of Regulatory Agencies and Intellectual Property: Part II

    Science.gov (United States)

    Noonan, Kevin E.

    2015-01-01

    Patent law and antitrust law have traditionally been areas of the law involving at least some inherent tension. Champions of antitrust argue that the patent “monopoly” must be strictly limited as an exception to the general legal principle that competition should be unfettered. Patent lawyers argue that patents are the result of an exercise of congressional authority, enshrined in the Constitution, reflecting the policy decision by the Founders that granting a limited exclusionary right was justified by the public benefits derived from full disclosure of the patented invention. In the modern era these competing values have played out in the context of so-called ANDA litigation, involving disputes between branded pharmaceutical companies and generic competitors. Settlement of such litigation has been identified by the Federal Trade Commission (FTC), and private parties encouraged by the FTC’s position, as an antitrust violation, in large part because such settlements are viewed as frustrating the congressional purpose in promoting early generic competition. After almost a decade of fighting these battles in the federal courts, the Supreme Court addressed the issue directly. The result is that such settlements are not per se illegal but are also not protected by the presumption of patent validity for activities within the “scope of the patent.” Rather, the court decided that these agreements should be assessed for antitrust liability under the “rule of reason” used in other antitrust contexts. PMID:25775920

  4. The Role of Regulatory Agencies and Intellectual Property: Part II.

    Science.gov (United States)

    Noonan, Kevin E

    2015-03-16

    Patent law and antitrust law have traditionally been areas of the law involving at least some inherent tension. Champions of antitrust argue that the patent "monopoly" must be strictly limited as an exception to the general legal principle that competition should be unfettered. Patent lawyers argue that patents are the result of an exercise of congressional authority, enshrined in the Constitution, reflecting the policy decision by the Founders that granting a limited exclusionary right was justified by the public benefits derived from full disclosure of the patented invention. In the modern era these competing values have played out in the context of so-called ANDA litigation, involving disputes between branded pharmaceutical companies and generic competitors. Settlement of such litigation has been identified by the Federal Trade Commission (FTC), and private parties encouraged by the FTC's position, as an antitrust violation, in large part because such settlements are viewed as frustrating the congressional purpose in promoting early generic competition. After almost a decade of fighting these battles in the federal courts, the Supreme Court addressed the issue directly. The result is that such settlements are not per se illegal but are also not protected by the presumption of patent validity for activities within the "scope of the patent." Rather, the court decided that these agreements should be assessed for antitrust liability under the "rule of reason" used in other antitrust contexts. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

  5. 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.

  6. 41 CFR 102-75.270 - Must antitrust laws be considered when disposing of property?

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Must antitrust laws be...-REAL PROPERTY DISPOSAL Surplus Real Property Disposal Applicability of Antitrust Laws § 102-75.270 Must antitrust laws be considered when disposing of property? Yes, antitrust laws must be considered in any case...

  7. 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

  8. Participation and Service Access Rights for People with Intellectual Disability: A Role for Law?

    Science.gov (United States)

    Carney, Terry

    2013-01-01

    Background: Supported decision-making and personal budgets for services are the new paradigms. Method: Supported decision-making proposals from the Australian State of Victoria are analysed against international trends to determine the viability of laws reflecting new international norms of the United Nations Convention on the Rights of Persons…

  9. 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.

  10. [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.

  11. 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.

  12. 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.

  13. 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.

  14. 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...

  15. 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...

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

    Science.gov (United States)

    Patino, Robert

    2009-03-01

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

  17. 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

  18. 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.

  19. Does Religiosity Promote Property Rights and the Rule of Law?

    DEFF Research Database (Denmark)

    Berggren, Niclas; Bjørnskov, Christian

    Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...

  20. Rethinking terra nullius and property law in space | Erlank ...

    African Journals Online (AJOL)

    With a new era dawning with regard to access to space and an increase in the number of nations capable of reaching and exploiting space, the field of space law as a whole needs to be re-evaluated. One such area where current legal thinking needs to be examined is with regard to the property rights to objects in space.

  1. W Erlank RETHINKING TERRA NULLIUS AND PROPERTY LAW

    African Journals Online (AJOL)

    Wian Erlank

    With a new era dawning with regard to access to space and an increase in the number of nations capable of reaching and exploiting space, the field of space law as a whole needs to be re-evaluated.1 One area where current legal thinking needs to be examined is with regard to the property rights to objects in space.2 ...

  2. 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...

  3. Safeguarding seeds and Maori intellectual property through partnership

    Directory of Open Access Journals (Sweden)

    Sue Scheele

    2015-01-01

    Full Text Available The Nagoya Protocol is a recent binding international instrument that articulates the need to recognise the rights of indigenous peoples regarding their biological resources and cultural knowledge and strengthens the mechanisms to do so. New Zealand has not signed this protocol because of the overriding importance of the Treaty of Waitangi in New Zealand’s domestic affairs, and the need to ensure that government options are not limited concerning the development of domestic policy on access to biological resources. In particular, policy makers and legislators are waiting for the government response to a 2011 Waitangi Tribunal report (Ko Aotearoa Tēnei on a far-reaching and complex claim (WAI 262 concerning the place of Māori traditional knowledge, culture and identity in contemporary New Zealand law and government policies and practice. Especially pertinent to this paper is the report’s section on Māori rights relating to biological and genetic resources. In accordance with the recommendation within Ko Aotearoa Tēnei, the principle of partnership, built on the explicit Treaty premise of Crown and Māori as formal equals, is presented here as the overarching framework and mechanism by which government agencies and Māori can work together to safeguard such resources. Core concepts and values are elucidated that underpin the Māori relationship to indigenous flora and fauna and are integral to the protection of cultural knowledge of seeds and plants. Examples are given of plant species regarded as taonga (treasures and how they are conserved, and a case study is presented of institutional stewardship of harakeke (New Zealand flax weaving varieties. Seed bank facilities are also evaluated regarding their incorporation of Māori values and rights under the Treaty of Waitangi.

  4. 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.

  5. Some Economics of Trade Secret Law

    OpenAIRE

    David D. Friedman; William M. Landes; Richard A. Posner

    1991-01-01

    Despite the practical importance of trade secrets to the business community, the law of trade secrets is a neglected orphan in economic analysis. This paper sketches an approach to the economics of trade secret law that connects it more closely both to other areas of intellectual property and to broader issues in the positive economic theory of the common law.

  6. Ghosts of inventions: Patent law's digital mediations.

    Science.gov (United States)

    Kang, Hyo Yoon

    2018-04-01

    This article examines the shifts in the material ordering of inventions in patent law organization and their effects on the meaning and scope of inventions as intellectual property. Formats and media are constitutive of the establishment and stabilization of inventions as objects of intellectual property. Modern patent law's materiality had been dominated by paper documents but ever more consists of digital images, files, and networked data. The article traces and analyzes such effects of digital media on the meaning of intellectual/intangible property and argues that inventions increasingly matter as digital data in the legal realm.

  7. 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

  8. 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

  9. Harnessing Intellectual Property for Development: Some Thoughts on an Appropriate Theoretical Framework

    Directory of Open Access Journals (Sweden)

    Caroline Bongiwe Ncube

    2013-12-01

    Full Text Available This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP policy and legislation might be based. The paper begins by highlighting the inherent tensions in IP, which are caused by the various stakeholder interests that this body of law seeks to balance, and by the cross-cutting nature of IP. It contends that in order to more equitably balance the contesting rights of the creators and users, IP rights should be formulated and enforced so as to meet societal goals or serve public interest, be responsive to the economic environment, and take cognisance of the human rights claims of both creators and users. National socio-economic goals should inform such a framework in a way that ensures that IP is used as a means to achieve these goals and is not perceived as an end. This will require nuances in policy and legislation that meet the country's needs. In particular, as a developing country South Africa would do well to exploit available flexibilities in the various international IP agreements by which it is bound. Due regard also ought to be had to the users' need for affordable access to IP-protected goods in order that they may exercise the right to work and access to knowledge, as provided for by ss 22 and 16 of the Constitution respectively. Similarly, creators ought to be given due recognition, together with reasonable reward and remuneration for their efforts. This will be achieved through the creation of an IP system that provides protection that is compatible with the nature of the good being protected and the manner in which the creative process unfolds. Such protection should rely on registration systems are efficient, simplified and affordable. The accompanying enforcement system should be equally accessible, although the costs of enforcement would depend on the forum used to

  10. Rise in legal skirmishes and intellectual property protectionism force companies to re-examine technology policy

    Energy Technology Data Exchange (ETDEWEB)

    Smith, M.

    2006-12-15

    The possession of intellectual property (IP) has become an important part of a technologically advanced oil and gas industry. Firms that specialize in IP law are now aiding oil and gas companies to establish company-wide IP policies to protect their inventions and properly profit from them. However, many companies do not have a clear policy to report on the commercial value of their IP assets or keep track of efforts made to gain value from them. A patent policy could require that patents be applied for only when the scientific merits and the business merits justify the allocation of personnel and financial resources. Patent disputes can be expensive and have led some companies into financial difficulties. Companies who have not successfully defended their patents may fall victim to patent trolls, who search for un-enforced patents in order to force companies to pay for licence fees or damage awards for the patents that they acquire. Anecdotal evidence suggests that licensing is becoming an important means of generating revenue from process innovations. Petrobank Energy and Resources Ltd. has formed its own research and development company to protect patents for its proprietary toe-to-heel air injection (THAI) oilsands recovery process, and has established a patent cooperation treaty, where patents are filed in various countries in a single procedure. However, many oil and gas companies insist that some new technologies are better protected as trade secrets. To secure a patent, a company must publicly disclose all aspects of an invention. Trade secrets are an option where secrecy can be maintained after commercialization. Unlike patent protection, which expires after 20 years, trade secrets can last indefinitely, as long as the secret is not publicly disclosed or independently developed by a competitor. While patenting may offer a competitive lead-time for some companies, many industry officials prefer to focus on using their innovations in the field. The oil and

  11. Decay properties of linear thermoelastic plates: Cattaneo versus Fourier law

    KAUST Repository

    Said-Houari, Belkacem

    2013-02-01

    In this article, we investigate the decay properties of the linear thermoelastic plate equations in the whole space for both Fourier and Cattaneo\\'s laws of heat conduction. We point out that while the paradox of infinite propagation speed inherent in Fourier\\'s law is removed by changing to the Cattaneo law, the latter always leads to a loss of regularity of the solution. The main tool used to prove our results is the energy method in the Fourier space together with some integral estimates. We prove the decay estimates for initial data U0 ∈ Hs(ℝ) ∩ L1(ℝ). In addition, by restricting the initial data to U0 ∈ Hs(ℝ) ∩ L1,γ(ℝ) and γ ∈ [0, 1], we can derive faster decay estimates with the decay rate improvement by a factor of t-γ/2. © 2013 Copyright Taylor and Francis Group, LLC.

  12. 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.

  13. [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.

  14. Does Religiosity Promote Property Rights and the Rule of Law?

    DEFF Research Database (Denmark)

    Berggren, Niclas; Bjørnskov, Christian

    Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...... autocracies), which suggests that religiosity affects the way institutions work through the political process. Individual religions are not related to our measure of institutional quality....

  15. Does religiosity promote property rights and the rule of law?

    DEFF Research Database (Denmark)

    Berggren, Niclas; Bjørnskov, Christian

    2013-01-01

    Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...... autocracies), which suggests that religiosity affects the way institutions work through the political process. Individual religions are not related to our measures of institutional quality....

  16. 2014 Enhanced LAW Glass Property-Composition Models, Phase 2

    Energy Technology Data Exchange (ETDEWEB)

    Muller, Isabelle [The Catholic Univ. of America, Washington, DC (United States); Pegg, Ian L. [The Catholic Univ. of America, Washington, DC (United States); Joseph, Innocent [Energy Solutions, Salt Lake City, UT (United States); Gilbo, Konstantin [The Catholic Univ. of America, Washington, DC (United States)

    2015-10-28

    This report describes the results of testing specified by the Enhanced LAW Glass Property-Composition Models, VSL-13T3050-1, Rev. 0 Test Plan. The work was performed in compliance with the quality assurance requirements specified in the Test Plan. Results required by the Test Plan are reported. The te4st results and this report have been reviewed for correctness, technical adequacy, completeness, and accuracy.

  17. Recommendation on measures to safeguard freedom of expression and undistorted competition in EU trade mark law

    DEFF Research Database (Denmark)

    Minssen, Timo

    2015-01-01

    , University of Oxford, United Kingdom Christophe Geiger Associate Professor, Director General and Director of the Research Department, Centre for International Intellectual Property Studies, University of Strasbourg, France Gustavo Ghidini Professor of Intellectual Property and Competition Law, University...... Institute for Innovation and Competition, Munich, Germany Paul van der Kooij Associate Professor of Intellectual Property Law, Leiden Law School, University of Leiden, The Netherlands Annette Kur Senior Researcher, Max Planck Institute for Innovation and Competition, Munich, and Honorary Professor...... Professor of Commercial Law, University of Parma, Italy Timo Minssen Associate Professor, Centre for Information and Innovation Law, University of Copenhagen, Denmark Ansgar Ohly Professor of Civil Law, Intellectual Property and Competition Law, University of Munich, Germany Alexander Peukert Professor...

  18. 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.

  19. 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.

  20. 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...

  1. 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.

  2. 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.

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

    Directory of Open Access Journals (Sweden)

    André M Louw

    2013-12-01

    Full Text Available 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 they are directly relevant to some of the IP law challenges present in South Africa at the moment. The article further examines why lawyers and rights' holders engage in trademark bullying (why it's done, and start to deal briefly with some of the legal implications. A future article is to examine the legal aspects of trademark bullying in much more detail and considers its legitimacy within the context of IP law, more generally, and some other areas of law, more specifically.

  4. 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)

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

    Directory of Open Access Journals (Sweden)

    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

  6. Claims of Need in Property Law and Politics

    DEFF Research Database (Denmark)

    Cockburn, Patrick Joseph

    2016-01-01

    between the claims of the needy and the rights of property owners. Against this backdrop this article compares three theoretical accounts of how the fact of human need should impact upon our thinking about property rights: the rights-based arguments of Jeremy Waldron, the radical democratic theory...... of Lawrence Hamilton, and the anarchist commentary of Colin Ward. While ‘theories’ of need have paid much attention to the nature of need ‘itself’, the paper argues that this comparison reveals another issue that is just as important: where and how should claims of need be registered in legal and political......Both courts of law and political theorists have grappled with the problem of giving the concept of ‘need’ a place in our reasoning about the rights and wrongs of property regimes. But in the UK, legal changes in the last 15 years have eroded the legal possibilities for striking some compromise...

  7. 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.

  8. 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.

  9. Protecting Biodiversity: National Laws Regulating Access to Genetic ...

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

    This book is the first to compare such laws and policies across a range of countries in ... and developing worlds, including Argentina, Canada, Colombia, Costa Rica, ... conservation, the environment, intellectual property, and related issues; ...

  10. A Note on the Invariance Properties and Conservation Laws of the Kadomstev—Petviashvili Equation with Power Law Nonlinearity

    International Nuclear Information System (INIS)

    Bokhari A H; Zaman F D; Fakhar K; Kara A H

    2011-01-01

    First, we studied the invariance properties of the Kadomstev—Petviashvili equation with power law nonlinearity. Then, we determined the complete class of conservation laws and stated the corresponding conserved densities which are useful in finding the conserved quantities of the equation. The point symmetry generators were also used to reduce the equation to an exact solution and to verify the invariance properties of the conserved flows. (general)

  11. International Investment Law and EU Law

    DEFF Research Database (Denmark)

    regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

  12. 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.

  13. 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.

  14. 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...

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    Pilar Mendoza

    2005-01-01

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

  17. 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.

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

    Directory of Open Access Journals (Sweden)

    Eva Hemmungs Wirtén

    2015-01-01

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

  19. 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.

  20. 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…

  1. 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...

  2. 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.

  3. 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.…

  4. 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.

  5. The right to vote of persons with disabilities and, specially, of persons with mental and intellectual disabilities in public international law. Its reception in Spain

    Directory of Open Access Journals (Sweden)

    Víctor Carlos Pascual Planchuelo

    2016-12-01

    Full Text Available This study describes the different international treaties and instruments, at universal and regional levels, that protect –directly or indirectly- the right to political participation and the right to vote of all persons with all kind of disabilities. Specifically, the United Nations Convention on the Rights of Persons with Disabilities (2006 brings a change in the framework on disability, by proclaiming their right to political participation, and recognizing their legal capacity in equal conditions to the rest of the people. The consequence of this analysis is that Spain must guarantee the right to vote of all persons with disabilities regardless the type of disability (physical, intellectual, mental o sensory, being necessary the adaptation of its domestic laws to international engagements and obligations; therefore, the Spanish authorities are obliged to remove or reform of the article 3 of Electoral General Organic Law.

  6. No protection for communal property as to basic law

    Energy Technology Data Exchange (ETDEWEB)

    1982-09-01

    The complaint of unconstitutionality deals with two questions: 1. whether the petitioner can refer her objections and her action of voidance against the first partial construction license for the Wyhl power plant to the fact that her property is infringed according to paragraph 14 Abs. 1 GG (basic law) as she would have to expect her plot of land, which is situated at an air distance of 3-4 km and partially used as a winegard, being encroached upon, 2. whether the preclusion of objections - including a period of one month after having disclosed the licensing papers according to paragraph 3 Abs. 1 of the Atomanlagen-Verordnung from 20th May 1960/ 29th October 1970 - is compatible with the right for effective legal protection according to paragraph 19 subsection 4 sentence 1 of the GG. The German Constitutional Court has rejected the first question, affirmed the second question and discussed the complaint of unconstitutionality as a whole.

  7. 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

  8. 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....

  9. Antitrust rules and Intellectual Property Rights in the EU and the US – Towards convergence?

    Directory of Open Access Journals (Sweden)

    Mario Todino

    2014-07-01

    Full Text Available In light of the exponential increase of the number of investigations raising the issue of how to reconcile competition rules and Intellectual Property Rights (IPRs, it is now clear that the area of Antitrust/IP intersection is becoming the battleground of antitrust enforcers around the Globe. In some areas inherently prone to market power accumulation, antitrust rules tend to clash with IPRs and prevail over the latter, for the intensity in the application of competition rules increasingly depends on the strength of the IPRs at stake, as well as on the sector involved. Information Communication Technology and Pharmaceuticals are the sectors most affected by this trend, as they both display specific market features calling for intensive antitrust scrutiny. Surprisingly enough, in these areas the EU and the US agencies are heading towards convergence, in light of the decisions taken in cases such as the judicial injunctions sought by FRAND-pledged SEPs holders and the reverse settlements in the Pharma sector. The purpose of this article is to show that in those areas more exposed to tension between antitrust and IP rules, there is an increasing level of convergence between the US and the EU. In particular, it is submitted that, like in the EU, the US is departing from the traditional symmetry principle under which antitrust rules are applied to IPRs exactly the same way as other property rights. In this new framework, inconsistency is more likely to come from the enforcement activity of NCAs across Europe.

  10. 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.

  11. Juridical and sociocultural problems on the definition of a law concerning property, usage and access to genetic resources in Colombia.

    Science.gov (United States)

    Calle, R

    1996-04-01

    The property, usage, and access to genetic resources, is today one of the primary topics in international business, as a result of the strategic importance of the resources for the biotechnology industry. Internationally, the sovereignty that each country has over its natural patrimony is recognized. However, the new laws of international marketing have obligated countries in the process of development, such as Colombia, to adopt and copy a concept of intellectual property on living resources that does not have anything to do with the country's sociocultural identity, and sometimes even does not take into account its material enjoyment. The new juridical movement that treats genetic resources as private property produces a cultural conflict between indigenous populations, Afro-Americans and peasants, because for them the genetic resources are an element of community life. In these communities, knowledge is freely transmitted; it is an understanding that they have to conserve their agricultural customs and the relationship that they have with the environment. They do not recognize the term "property' according to patenting laws. These elements have to be considered, respected, and guaranteed in the laws that recognize the genetic resources in the country. On the other hand, not even countries that are pioneers in biotechnological development can adopt a concept about patents that is in agreement with the particularities that the living materials possess. This is obviously the reason for the numerous discussions on the legal interpretation, as well as complicated debates in court. Confronting that situation, there are countries rich in biodiversity, such as Colombia, but which do not have a proper concept and are not economically strong in the international context. These countries have to copy inadequate protection policies that do not take into account all their rights. This paper describes some of the technical, juridical, and sociocultural difficulties which

  12. No protection for communal property as to basic law

    International Nuclear Information System (INIS)

    Anon.

    1982-01-01

    The complaint of unconstitutionality deals with two questions: 1. whether the petitioner can refer her objections and her action of voidance against the first partial construction license for the Wyhl power plant to the fact that her property is infringed according to paragraph 14 Abs. 1 GG (basic law) as she would have to expect her plot of land, which is situated at an air distance of 3-4 km and partially used as a winegard, bein encroached upon, 2. whether the preclusion of objections - including a period of one month after having disclosed the licensing papers according to paragraph 3 Abs. 1 of the Atomanlagen-Verordnung from 20th May 1960/ 29th October 1970 - is compatible with the right for effective legal protection according to paragraph 19 subsection 4 sentence 1 of the GG. The German Constitutional Court has rejected the first question, affirmed the second question and discussed the complaint of unconstitutionality as a whole. (orig./HP) [de

  13. 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.

  14. 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)

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

    Science.gov (United States)

    Feldschreiber, Peter; Breckenridge, Alasdair

    2015-01-01

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

  16. 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

  17. Sri Lanka's national assessment on innovation and intellectual property for access to medical products.

    Science.gov (United States)

    Beneragama, Hemantha; Shridhar, Manisha; Ranasinghe, Thushara; Dissanayake, Vajira Hw

    2016-09-01

    In 2008, the Global strategy and plan of action on public health, innovation and intellectual property (GSPA-PHI) was launched by the World Health Organization, to stimulate fresh thinking on innovation in, and access to, medicines and to build sustainable research on diseases disproportionately affecting low- and middle-income countries. As part of the activities of the GSPA-PHI, Sri Lanka has been the first country to date to assess the national environment for medical technology and innovation. This year-long, multistakeholder, participative analysis facilitated identification of clear and implementable policy recommendations, for the government to increase its effectiveness in promoting innovation in health products through institutional development, investment and coordination among all areas relevant to public health. The assessment also highlighted areas for priority action, including closing the technology gap in development of health products, facilitating technology transfer, and building the health-research and allied workforces. The Sri Lankan experience will inform the ongoing independent external evaluation of the GSPA-PHI worldwide. The assessment process coincided with the passing of the National Medicines Regulatory Authority Act in 2015. In addition, there is growing recognition that regional cooperation will be critical to improving access to medical products in the future. Sri Lanka is therefore actively promoting cooperation to establish a regional regulatory affairs network. Lessons learnt from the Sri Lankan assessment may also benefit other countries embarking on a national GSPA-PHI assessment.

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

    Science.gov (United States)

    Patino, Robert M

    2010-03-01

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

  19. 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.

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

    Directory of Open Access Journals (Sweden)

    Manju Chaudhary

    2010-03-01

    Full Text Available

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

  1. 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...

  2. Sustainability in the Real Property Law Curriculum: Why and How

    Science.gov (United States)

    Galloway, Kate

    2015-01-01

    Traditionally considered the preserve of environmental law, for the lawyer and the legal academic, sustainability does not immediately come to mind in considering the subjects of the core curriculum. Yet in light of the contemporary imperative to deal with serious ecological decline and its social and economic implications, a law degree that fails…

  3. Intellectual property arguments in tobacco industry legal challenges: lessons from recently concluded cases

    Directory of Open Access Journals (Sweden)

    Suzanne Zhou

    2018-03-01

    A substantial body of jurisprudence now confirms that IP does not provide the scope of protection commonly claimed by the industry. Tobacco control practitioners faced with such arguments can be confident that they are unfounded. Country / measure / jurisdiction Australia - plain packaging (WTO dispute settlement system Australia - plain packaging (High Court of Australia Australia - plain packaging (investor-state arbitration Uruguay - restrictions on brand variants and 80% graphic health warnings (investor-state arbitration United Kingdom - standardised packaging (Court of Appeal of England and Wales IP issues Obligation to provide certain trademark protections under TRIPS Protection of trademark as property under constitution Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Obligation to provide certain trademark protections under TRIPS and EU law; protection of trademark as property under European and UK law Decided in favour of Pending, reportedly Australia Australia, 2012 Australia, 2015 (dismissed at jurisdictional stage Uruguay, 2016 United Kingdom, 2016 Positive right to use trademark? Pending, point conceded as 'no' by complainants No Not decided No No Public health justification Pending Not applicable Not decided Yes Yes [Recent cases raising trademark issues

  4. ISSUES ON ENFORCEABILITY OF FINAL DECISIONS OF EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE REGARDING EUROPEAN TRADEMARKS ON FIXING THE AMOUNT OF COST IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Sorin Eduard PAVEL

    2018-05-01

    Full Text Available The purpose of this paper is to analyse the enforceability in Romania of final decisions fixing the amount of costs related to European trademarks, issued by European Union Intellectual Property Office. According to art 110 (1 and (2 of EU Regulation 2017/10011 , such decisions are titles enforceable in any Member State and enforcement proceedings are governed by applicable national civil law of the Member State in territory of which the enforcement is carried out. Apparently, the enforcement of these decisions in Member States should be a formal procedure devoid of issues. Things may be complex having in view that each Member State is compelled by the art 110 (2 of the EU Regulation 2017/1001, to designate a national authority responsible with the verification of the authenticity of respective decisions. Precisely, what happens when a Member State "forgot" to designate such national authority? Can enforcement proceedings regarding these decisions in respective Member State, be effective? Romania does not designate the national authority prescribed under art. 110 (2 of EU Regulation 2017/1001, fact that generates, at least from theoretical perspective, issues on the enforcement of this kind of decisions. In a nutshell, if no such national authority has been designated, the procedure on verification of authenticity of these decisions cannot be fulfilled, meaning that enforcement proceedings may be deemed as failing to comply with the national law.

  5. 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.

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

    Science.gov (United States)

    Taubman, Antony

    2010-01-19

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

  7. Importance of intellectual property generated by biomedical research at universities and academic hospitals.

    Science.gov (United States)

    Heus, Joris J; de Pauw, Elmar S; Leloux, Mirjam; Morpurgo, Margherita; Hamblin, Michael R; Heger, Michal

    2017-01-01

    Biomedical research has many different facets. Researchers and clinicians study disease biology and biochemistry to discover novel therapeutic targets, unravel biochemical pathways and identify biomarkers to improve diagnosis, or devise new approaches to clinically manage diseases more effectively. In all instances, the overall goal of biomedical research is to ensure that results thereof (such as a therapy, a device, or a method which may be broadly referred to as "inventions") are clinically implemented. Most of the researchers' efforts are centered on the advance of technical and scientific aspects of an invention. The development and implementation of an invention can be arduous and very costly. Historically, it has proven to be crucial to protect intellectual property rights (IPR) to an invention (i.e., a patent) to ensure that companies can obtain a fair return on their investment that is needed to develop an academic invention into a product for the benefit of patients. However, the importance of IPR is not generally acknowledged among researchers at academic institutions active in biomedical research. Therefore this paper aims to (1) raise IP awareness amongst clinical and translational researchers; (2) provide a concise overview of what the patenting trajectory entails; and (3) highlight the importance of patenting for research and the researcher. Adequate patent protection of inventions generated through biomedical research at academic institutions increases the probability that patients will benefit from these inventions, and indirectly enables the financing of clinical studies, mainly by opening up funding opportunities (e.g. specific grants aimed at start-ups, pre-seed and seed capital) that otherwise would not be accessible. As a consequence, patented inventions are more likely to become clinically tested and reach the market, providing patients with more treatment options.

  8. Collective Intellectual Property in Michoacán: Negotiating Economic and Cultural Agendas in the Artisanal Field

    Directory of Open Access Journals (Sweden)

    Lucero Ibarra Rojas

    2016-09-01

    Full Text Available The state of Michoacán, México, has almost 50 collective trademarks registered for artisanal products, which were created by initiative of different state institutions. This article aims to understand the different influences that are mediated by law when collective forms of intellectual property are incorporated and negotiated by different institutions with different aims within the realm of the state. By looking closely at the experience in Michoacán, I argue that two economic/cultural agendas can be identified. On the one hand, there is the federal agenda that aims for a national and international projection of a Mexican product, focused on the successfully industrialized national products closely linked with México's imagery for a foreign audience. On the other hand, there are the expectations of Michoacán's local government, which are strongly related with a pluralist discourse and with the different policy approaches it inspires. Between the two, the country’s cultural agenda becomes shaped by economic concerns that are, in turn, defined by the worldviews of state institution's agents. El estado de Michoacán, México, tiene casi 50 marcas colectivas de productos artesanales, que fueron registradas por iniciativa de diferentes instituciones estatales. Este artículo busca comprender las variadas influencias que son mediadas por el derecho cuando se incorporan formas colectivas de propiedad intelectual, mediante la negociación de diferentes instituciones con diferentes objetivos dentro del ámbito estatal. A través de la experiencia de Michoacán, sostengo que se pueden identificar dos agendas económicas/culturales. Por un lado, se encuentra la agenda federal que busca una proyección nacional e internacional de un producto identificable como mexicano, enfocándose en los productos nacionales que han tenido una industrialización exitosa. Por otro lado, se encuentran las expectativas del gobierno local de Michoacán, que se

  9. 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…

  10. 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.

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

    Science.gov (United States)

    Kaplan, Warren A; Beall, Reed F

    2017-01-01

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

  12. "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...

  13. I Phone, You Phone, We All Phone with iPhone: Trademark Law and Ethics from an International and Domestic Perspective

    Science.gov (United States)

    Cowart, Tammy W.; Chumney, Wade M.

    2011-01-01

    In today's Internet-based and global business environment, the legal issues companies face will often involve issues of intellectual property. Virtually every product people purchase is protected by a trademark, a patent, and/or copyrights. Thus, basic concepts of intellectual property are a natural component in any business law or legal…

  14. The rights of a Florida wife: slavery, U.S. expansion, and married women's property law.

    Science.gov (United States)

    Clark, Laurel A

    2010-01-01

    Civil law rules were adopted in Florida that granted married women property rights long before legal reforms occurred in northern states. This article analyzes white wives' property and law in Florida between 1820 and 1860. Initially, married women's property rights were inadvertently protected by treaty law and limited to women who married before 1818. Wives' right to own separate property in Florida was subsequently reconfirmed in statute and extended to include later marriages. In contrast, nonwhites generally lost the rights and property they had enjoyed under Spain's civil law in the same period. This contrast reveals that in Florida (and other southern borderlands) it was not concern for women, or simply legal precedent, but the desire to incorporate new territory and expand slavery that influenced the development of marital property law. This challenges previous histories, which have excluded the earlier acts in the Southern borderlands and emphasized those passed in the Northeast beginning in the late 1840s. While those later acts were influenced by the early woman's rights movement and by concern for families reduced to poverty during the rise of market capitalism, this case study indicates that expansion of United States territory and slavery were responsible for the earlier married women's property rights in southern borderland territories such as Florida.

  15. An Overview of Multimedia and the Law.

    Science.gov (United States)

    Boelzner, David E.

    2000-01-01

    Reviews the areas of intellectual property law, including patent, copyright, and trademark, and discusses how multimedia raises legal issues in each area. Discusses trade secrets, issues raised by online technology, and issues for licensing and developing multimedia works. (Author/LRW)

  16. 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.

  17. Intellectual property rights and challenges for development of affordable human papillomavirus, rotavirus and pneumococcal vaccines: Patent landscaping and perspectives of developing country vaccine manufacturers.

    Science.gov (United States)

    Chandrasekharan, Subhashini; Amin, Tahir; Kim, Joyce; Furrer, Eliane; Matterson, Anna-Carin; Schwalbe, Nina; Nguyen, Aurélia

    2015-11-17

    The success of Gavi, the Vaccine Alliance depends on the vaccine markets providing appropriate, affordable vaccines at sufficient and reliable quantities. Gavi's current supplier base for new and underutilized vaccines, such as the human papillomavirus (HPV), rotavirus, and the pneumococcal conjugate vaccine is very small. There is growing concern that following globalization of laws on intellectual property rights (IPRs) through trade agreements, IPRs are impeding new manufacturers from entering the market with competing vaccines. This article examines the extent to which IPRs, specifically patents, can create such obstacles, in particular for developing country vaccine manufacturers (DCVMs). Through building patent landscapes in Brazil, China, and India and interviews with manufacturers and experts in the field, we found intense patenting activity for the HPV and pneumococcal vaccines that could potentially delay the entry of new manufacturers. Increased transparency around patenting of vaccine technologies, stricter patentability criteria suited for local development needs and strengthening of IPRs management capabilities where relevant, may help reduce impediments to market entry for new manufacturers and ensure a competitive supplier base for quality vaccines at sustainably low prices. Copyright © 2015 The Authors. Published by Elsevier Ltd.. All rights reserved.

  18. Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

    Directory of Open Access Journals (Sweden)

    Canatay HACIKÖYLÜ

    2016-12-01

    Full Text Available There are provisions in Income Tax Law No. 193 and Corporate Tax Law No. 5520 on the nature and taxation of income that real and legal persons acquire from real estate sales. There have been many changes in these provisions over time, but the changes made didnt meet the needs, and they distorted the systematic structure of the Laws. For these and similar reasons, the income tax law draft has been prepared based on Income Tax Law and Corporate Tax Law. With the draft, the Income Tax Law No. 193 and the Corporate Tax Law No. 5520 will be abolished. Draft is aimed to regulate the procedures and principles regarding the income tax on the income of real persons and institutions. In this study, the current situation and the regulations of the draft will be discussed. Moreover, It will be evaluate whether the regulations in the draft law are sufficient. Suggestions will be put forth to determine and declare the real value of the property in order to achieve the intended objectives in draft.

  19. 12 CFR 617.7630 - Does this Federal requirement affect any state property laws?

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Does this Federal requirement affect any state property laws? 617.7630 Section 617.7630 Banks and Banking FARM CREDIT ADMINISTRATION FARM CREDIT SYSTEM BORROWER RIGHTS Right of First Refusal § 617.7630 Does this Federal requirement affect any state property...

  20. Economic analysis of pre-emptive right in the Serbian Law on property restitution and compensation

    OpenAIRE

    Baturan Luka O.

    2015-01-01

    This paper is application of cost-benefit analysis on a pre-emptive rights, which is established by the Serbian Law on Property Restitution and Compensation. The basic hypothesis is that this law institute disturbs efficiency of resource allocation, and decreases social welfare. There are a few better and more efficient institutes which can be used for gaining of goods in public ownership. To prove this hypothesis, we used neo-institutional economy method and normative method. In the first pa...

  1. Stacked law : land, property and conflict in Honduras

    NARCIS (Netherlands)

    Roquas, E.

    2002-01-01

    Property conflicts have an enormous impact on relations between the members of farm households and their families. Given the long duration, frequency and intensity of these conflicts an investigation of how they arise and how they affect the daily lives

  2. 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.

  3. 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.

  4. 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.

  5. "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

    , 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...... 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...... international research collaborations? The complex relationship between scientific excellence, innovation, and IPRs must be carefully considered. Taking the European Spallation Source ERIC as an example, this article investigates ERIC Regulations and EU policies and discusses what issues and perspectives ERICs...

  6. 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)

  7. 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.

  8. 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.

  9. Real charge according to the current Serbian Draft Law on property rights and other real rights

    Directory of Open Access Journals (Sweden)

    Vujović Dragana

    2014-01-01

    Full Text Available Within reforms of loan security instruments law, Serbian Draft Law on Property Rights and Other Real Rights demonstrates interest for introducing new forms of non-accessory security rights. Real charge is a new institute in our legislation. It is a kind of real right on immovable thing that is regulated after the model of the German and Swiss laws, and which is in practice mostly used to secure a receivable, so that it is, to an extent, a personal hypothec. The most important reason for introduction of this institute into the Law was to allow for a security right on immovables that is more flexible than the accessorial hypothec, thus creating the environment conducive for the development of the secondary market of real loans, facilitating refinancing, and allowing for the extension of the offer of bank products with the reduction of transaction costs.

  10. 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.

  11. Measurement Properties of the Non-Communicating Adult Pain Checklist (NCAPC): A Pain Scale for Adults with Intellectual and Developmental Disabilities, Scored in a Clinical Setting

    Science.gov (United States)

    Lotan, M.; Moe-Nilssen, R.; Ljunggren, A. E.; Strand, L. I.

    2010-01-01

    The 18 items' Non-Communicating Adult Pain Checklist (NCAPC) has been developed from the 27 items Non-Communicating Children Pain Checklist to better capture pain behavior of adults with Intellectual and Developmental Disabilities (IDD). As part of the NCAPC's measurement properties, internal consistency, reliability and sensitivity to pain have…

  12. 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…

  13. 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

  14. 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)

  15. [ICF-Checklist to Evaluate Inclusion of Elderlies with Intellectual Disability - Psychometric Properties].

    Science.gov (United States)

    Queri, Silvia; Eggart, Michael; Wendel, Maren; Peter, Ulrike

    2017-11-28

    Background An instrument should have been developed to measure participation as one possible criterion to evaluate inclusion of elderly people with intellectual disability. The ICF was utilized, because participation is one part of health related functioning, respectively disability. Furthermore ICF includes environmental factors (contextual factors) and attaches them an essentially influence on health related functioning, in particular on participation. Thus ICF Checklist additionally identifies environmental barriers for elimination. Methodology A linking process with VINELAND-II yielded 138 ICF items for the Checklist. The sample consists of 50 persons with a light or moderate intellectual disability. Two-thirds are female and the average age is 68. They were directly asked about their perceived quality of life. Additionally, proxy interviews were carried out with responsible staff members concerning necessary support and behavioral deviances. The ICF Checklist was administered twice, once (t2) the current staff member should rate health related functioning at the given time and in addition, a staff member who knows the person at least 10 years before (t1) should rate the former functioning. Content validity was investigated with factor analysis and criterion validity with correlational analysis related to supports need, behavioral deviances and perceived quality of life. Quantitative analysis was validated by qualitative content analysis of patient documentation. Results Factor analysis shows logical variable clusters across the extracted factors but neither interpretable factors. The Checklist is reliable, valid related to the chosen criterions and shows the expected age-related shifts. Qualitative analysis corresponds with quantitative data. Consequences/Conclusion ICF Checklist is appropriate to manage and evaluate patient-centered care. © Georg Thieme Verlag KG Stuttgart · New York.

  16. Economic analysis of pre-emptive right in the Serbian Law on property restitution and compensation

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

    Full Text Available This paper is application of cost-benefit analysis on a pre-emptive rights, which is established by the Serbian Law on Property Restitution and Compensation. The basic hypothesis is that this law institute disturbs efficiency of resource allocation, and decreases social welfare. There are a few better and more efficient institutes which can be used for gaining of goods in public ownership. To prove this hypothesis, we used neo-institutional economy method and normative method. In the first part of the paper, we presented the law of pre-emptive rights in the legal system of Serbia. After that, we analyzed effects of pre-emptive rights on a deviation from resource allocation. The third part represents an analysis of institutional frame for optimal resource allocation. There is a special view on imprecise definition of property rights, as well as the increased transaction costs due to the existence of the right of pre-emption.

  17. 76 FR 7681 - Establishment of the Intellectual Property Enforcement Advisory Committees

    Science.gov (United States)

    2011-02-11

    ..., promote job creation, and reduce threats posed to national security and to public health and safety, it is... extent that such sharing of information is consistent with law enforcement protocols for handling such..., including subcommittees addressing particular enforcement issues, efforts, training, and information sharing...

  18. A test of star formation laws in disk galaxies. II. Dependence on dynamical properties

    International Nuclear Information System (INIS)

    Suwannajak, Chutipong; Tan, Jonathan C.; Leroy, Adam K.

    2014-01-01

    We use the observed radial profiles of the mass surface densities of total, Σ g , and molecular, Σ H2 , gas, rotation velocity, and star formation rate (SFR) surface density, Σ sfr , of the molecular-rich (Σ H2 ≥ Σ HI /2) regions of 16 nearby disk galaxies to test several star formation (SF) laws: a 'Kennicutt-Schmidt (K-S)' law, Σ sfr =A g Σ g,2 1.5 ; a 'Constant Molecular' law, Σ sfr = A H2 Σ H2,2 ; the turbulence-regulated laws of Krumholz and McKee (KM05) and Krumholz, McKee, and Tumlinson (KMT09); a 'Gas-Ω' law, Σ sfr =B Ω Σ g Ω; and a shear-driven 'giant molecular cloud (GMC) Collision' law, Σ sfr = B CC Σ g Ω(1-0.7β), where β ≡ d ln v circ /d ln r. If allowed one free normalization parameter for each galaxy, these laws predict the SFR with rms errors of factors of 1.4-1.8. If a single normalization parameter is used by each law for the entire galaxy sample, then rms errors range from factors of 1.5-2.1. Although the Constant Molecular law gives the smallest rms errors, the improvement over the KMT, K-S, and GMC Collision laws is not especially significant, particularly given the different observational inputs that the laws utilize and the scope of included physics, which ranges from empirical relations to detailed treatment of interstellar medium processes. We next search for systematic variation of SF law parameters with local and global galactic dynamical properties of disk shear rate (related to β), rotation speed, and presence of a bar. We demonstrate with high significance that higher shear rates enhance SF efficiency per local orbital time. Such a trend is expected if GMC collisions play an important role in SF, while an opposite trend would be expected if the development of disk gravitational instabilities is the controlling physics.

  19. A rightly balanced intellectual property rights regime as a mechanism to enhance commercial earth observation activities

    Science.gov (United States)

    Doldirina, Catherine

    2010-09-01

    Earth observation by satellites is one of the developing sectors of space activities with the growing involvement in private capital or actors. This leads to the question of how efficient legal rules governing this activity are. Copyright law is one of the key fields of law applicable to earth observation activities and is the subject of the present analysis. This paper describes the current state of copyright regulations in different jurisdictions. It also addresses the issue of defining earth observation data for the purpose of applying copyright protection to them. Finally, it analyses whether more or less copyright protection would be beneficial for the commercialisation of the earth observation activities, and the distribution and further use of data they produce. The paper is largely based on my current doctoral research. Draft chapter on file with the author.

  20. Department of Defense Access to Intellectual Property for Weapon Systems Sustainment

    Science.gov (United States)

    2017-05-01

    contracts are of decreasing validity? If true, this pre- sents DOD with a serious problem that would require new thinking about the laws and reg...Boeing’s Big Bet on Air Force Tankers Will Pay Off Handsomely,” Forbes, August 19, 2016) and the B-21 long-range strike bomber (see Valerie Insinna, “Game...the notion of fair and equitable becomes moot. This presents DOD with a much more profound and difficult problem requiring fundamental new thinking

  1. Prediction of the creep properties of discontinuous fibre composites from the matrix creep law

    International Nuclear Information System (INIS)

    Bilde-Soerensen, J.B.; Boecker Pedersen, O.; Lilholt, H.

    1975-02-01

    Existing theories for predicting the creep properties of discontinuous fibre composites with non-creeping fibres from matrix creep properties, originally based on a power law, are extended to include an exponential law, and in principle a general matrixlaw. An analysis shows that the composite creep curve can be obtained by a simple displacement of the matrix creep curve in a log sigma vs. log epsilon diagram. This principle, that each point on the matrix curve has a corresponding point on the composite curve,is given a physical interpretation. The direction of displacement is such that the transition from a power law toan exponential law occurs at a lower strain rate for the composite than for the unreinforced matrix. This emphasizes the importance of the exponential creep range in the creep of fibre composites. The combined use of matrix and composite data may allow the creep phenomenon to be studied over a larger range of strain rates than otherwise possible. A method for constructing generalized composite creep diagrams is suggested. Creep properties predicted from matrix data by the present analysis are compared with experimental data from the literature. (author)

  2. Two Universality Properties Associated with the Monkey Model of Zipf's Law

    Science.gov (United States)

    Perline, Richard; Perline, Ron

    2016-03-01

    The distribution of word probabilities in the monkey model of Zipf's law is associated with two universality properties: (1) the power law exponent converges strongly to $-1$ as the alphabet size increases and the letter probabilities are specified as the spacings from a random division of the unit interval for any distribution with a bounded density function on $[0,1]$; and (2), on a logarithmic scale the version of the model with a finite word length cutoff and unequal letter probabilities is approximately normally distributed in the part of the distribution away from the tails. The first property is proved using a remarkably general limit theorem for the logarithm of sample spacings from Shao and Hahn, and the second property follows from Anscombe's central limit theorem for a random number of i.i.d. random variables. The finite word length model leads to a hybrid Zipf-lognormal mixture distribution closely related to work in other areas.

  3. The photon Green's function for bounded media: Splitting property and nonequilibrium radiation laws

    International Nuclear Information System (INIS)

    Richter, F; Semkat, D; Henneberger, K

    2010-01-01

    The presence of a medium boundary has been a major obstacle for the theoretical description of the propagation, emission and absorption of light due to the loss of translational invariance. We present a nonequilibrium photon Green's function theory that is valid for bounded (i.e., spatially inhomogeneous) media systems and also yields an energy flow law which can be seen as a generalization of the Kirchhoff and Planck laws to nonequilibrium. With the help of this law, we discuss mechanisms of emission and optical signatures of quantum condensates. An important finding is that the D>< components of the photon GF, which describe field-field fluctuations, decompose universally into two parts related to medium kinetics and external light sources. Thanks to their specific structure, the propagation of arbitrary (even nonclassical) light can be analyzed straightforwardly. These properties are used to demonstrate the energy flux and scattering of squeezed light incident on the medium.

  4. 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,…

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

    Directory of Open Access Journals (Sweden)

    Laura Silberleib

    2001-12-01

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

  6. El derecho, la propiedad intelectual y el entorno digital = The Copyright, The intellectual Property and the Digital Environment

    Directory of Open Access Journals (Sweden)

    Laura Silberleib

    2001-12-01

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

  7. Broken Links and Broken Laws: Copyright Confusion Online.

    Science.gov (United States)

    Belle, Jeff

    2003-01-01

    Discusses copyright laws and litigation that have implications for online copyright. Highlights include the Sonny Bono Copyright Extension Act; the Digital Millennium Copyright Act (DMCA); Eldred v. Ashcroft; tradeoffs between private interests and the public domain; and intellectual property licensing. (LRW)

  8. The historical development of property-, and commercial Law in Albania until 1976

    Directory of Open Access Journals (Sweden)

    Endri Papajorgji

    2016-07-01

    Full Text Available The legal system during communism is understandable in Albania only if we study its legal institutions and development. In this context, a chronological presentation is needed, based mainly on the work of Krisafi, Ballanca, Luarasi, Gjika, Elezi, Omari, Brozi, Gjilani (2009. In this framework, the analysis of this manuscript is closely related to the pre communism situation, not only in the frame of history of property law, but also institutions and content they had during the communism era. Main purpose of this article is the analysis of property- and commercial law in Albania, in the context of the consequences they brought in the transformation process of Albania with the fall of Communism and establishment of democracy.

  9. The Idea of Sustainable Development to Reconcile the Environmental and Intellectual Property Protection of Plants

    DEFF Research Database (Denmark)

    Gebreselassie, Abeba T.

    2010-01-01

    Sustainable development calls for environmental sustainability, economic sustainability and socio-political sustainability.The concept of sustainable development is enshrined in a number of global and regional treaties, declarations, and reports such as the Brundtland Commission Report, the Rio...... Declaration, Agenda 21, the Millennium Development Goals[MDGs], the Johannesburg Declaration and the Johannesburg Plan of Implementation, and the 2000 Cotonou Agreement between African, Caribbean and Pacific States and the European Union [the Cotonou Agreement]. The purpose of this Article is to integrate...... in the following sections shows, the successful implementation of the CBD partly depends on the cooperation of other states and that there is thus a need for an international integration of environmental protection into development laws, policies and programs. Second, the intersection between the CBD...

  10. 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

  11. Commercialization of Intellectual Property Objects in Nanoindustry as a Factor of Increasing the Competitiveness of the Russian Economy

    Directory of Open Access Journals (Sweden)

    Maksim Alekseevich Manyakin

    2016-10-01

    Full Text Available Formation and development of the sixth technological mode in the global economy leads to the search for new ways to enhance the competitiveness of products both on the domestic and on the world market. Commercialization of intellectual property (IP objects, created in the field of nanotechnology, can be a significant factor in ensuring the competitiveness of the country. The article gives the notion of nanoindustry IP objects’ commercialization as an economic category. The specificity of this process, which takes into account research intensity, capital intensity and interdisciplinary essence of nanotechnology, is disclosed. The basic problems of the IP objects’ commercialization in Russian nanotechnology sphere, as well as the conditions that ensure the effectiveness of this process are characterized. On the basis of analysis of foreign experience in the IP objects’ commercialization in nanoindustry five models of mechanisms managing this process, depending on the role of the state, have been identified. The necessity of reorientation of Russian model of nanoindustry development from a predominant state to the private one in conditions of the budget financing deficit is substantiated. Main directions of improving the process of commercialization of the IP objects created in the field of nanotechnology in Russia are identified.

  12. Additive Manufacturing: An Analysis of Intellectual Property Rights on Navy Acquisition

    Science.gov (United States)

    2015-12-01

    M Records, Inc., Geffen Records, Inc., Interscope Records, Sony Music Entertainment , Inc., MCA Records, Inc., Atlantic Recording Corp…Capitol...33 E. DIGITAL FILE SHARING IN THE MUSIC INDUSTRY: NAPSTER CASE...Industrial property includes patents, trademarks, and trade secrets. Copyright covers literary works, films, music , artistic works, and architectural design

  13. Exploring Universal Partnerships and Putative Marriages as Tools for Awarding Partnership Property in Contemporary Family Law

    Directory of Open Access Journals (Sweden)

    Elsje Bonthuys

    2016-12-01

    Full Text Available Following upon the Supreme Court of Appeal's judgment in Butters v Mncora 2012 4 SA 1 (SCA, which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates the potential of universal partnerships and putative marriages to allocate rights to share in partnership property in other intimate relationships. It traverses several instances in which marriages are not recognised - bigamous marriages, Muslim and Hindu religious marriages and invalid customary marriages – examining whether the wives in these marriages could use universal partnerships and putative marriages to claim a share in property. It then considers the use of universal partnerships to obtain a share of property in civil marriages out of community of property. It concludes by pointing out several issues which are in need of clarification and where the common law should be developed to give effect to fundamental constitutional rights.

  14. 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.

  15. 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.

  16. Geleneksel ve Elektronik Eser Sahiplerinin Telif Hakları, Dijital Haklar Yönetimi: Uluslararası Düzenlemeler ve Fikir ve Sanat Eserleri Kanunu Çerçevesinde Bir Değerlendirme = Copyright of Traditional and Electronic Works’ Owners, Digital Rights Management: An Evaluation within the Framework of International Regulations and Law on Intellectual and Artistic Works

    Directory of Open Access Journals (Sweden)

    Metin Turan

    2016-06-01

    Full Text Available Bilgi ve iletişim teknolojilerinin gelişmesi ile fikri haklar alanında da değişiklikler kaçınılmaz olmuştur. Teknolojik imkânların gelişimi ve dijitalleşme ile dijital eserlerin üretimiyle birlikte telif haklarında sorunlar ortaya çıkmaktadır. Çalışmada, genel olarak, telif haklarının dijital eserlere ve dijital haklar yönetimine yönelik incelenmesi amaçlanmaktadır. Çalışmanın kapsamını dijital haklar yönetimi çerçevesinde 5846 sayılı Fikir ve Sanat Eserleri Kanunu oluşturmaktadır. Bu kapsamda ilgili Yargıtay kararlarının konuları bazında analizi de hedeflenmektedir. Ayrıca, küresel alanda dijital haklar yönetimi alanında önemli hukuksal düzenlemeler olan WIPO (World Intellectual Property Organization Telif Hakları Sözleşmesi ve WIPO İcralar ve Fonogramlar Sözleşmesi çerçevesinde de değerlendirmeler içerik analizi yöntemi ile yapılmaktadır. Çalışma sonunda, bir yandan, Fikir ve Sanat Eserleri Kanunu’nda dijital haklar yönetimine ilişkin hükümler bulunduğu sonucuna varılmaktadır. Diğer yandan, bu kanunda dijital eserlerin telif hakları ve dijital haklar yönetimine dair eksiklikler bulunmakta ve bu eksiklikler mali haklar alanında yoğunlaşmaktadır. / With the development of information and communication technologies, changes are inevitable in the field of intellectual property rights. With the progress of the technological opportunities and digitization, issues in copyright emerge along with production of digital works. In the study, generally, it is aimed at examination of digital works and digital rights management within the context of copyright. The Law No. 5846, Law On Intellectual And Artistic Works within the framework of digital rights management constitutes the scope of the study. In this context, it is aimed also at the analysis of the relevant Supreme Court decisions on the basis of their subjects. In addition, it is evaluated within the scope of WIPO

  17. Intellectual Freedom

    Science.gov (United States)

    Knox, Emily

    2011-01-01

    Support for intellectual freedom, a concept codified in the American Library Association's Library Bill of Rights and Code of Ethics, is one of the core tenets of modern librarianship. According to the most recent interpretation of the Library Bill of Rights, academic librarians are encouraged to incorporate the principles of intellectual freedom…

  18. Development of an Intellectual Property Strategy: Research Notes to Support Department of Defense Programs

    Science.gov (United States)

    2014-10-01

    Patent and Trademark Office by Carnegie Mellon University. DM-0001665 CMU/SEI-2014-SR-036 | i Table of Contents Acknowledgments vii...property categories and associated rights to educate program managers on the role of program execution. The content also explains implications of...pictures, and other audiovisual works  display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and

  19. 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

  20. Sodium channel SCN8A (Nav1.6: properties and de novo mutations in epileptic encephalopathy and intellectual disability

    Directory of Open Access Journals (Sweden)

    Janelle Elizabeth O'Brien

    2013-10-01

    Full Text Available The sodium channel Nav1.6, encoded by the gene SCN8A, is one of the major voltage-gated channels in human brain. The sequences of sodium channels have been highly conserved during evolution, and minor changes in biophysical properties can have a major impact in vivo. Insight into the role of Nav1.6 has come from analysis of spontaneous and induced mutations of mouse Scn8a during the past 18 years. Only within the past year has the role of SCN8A in human disease become apparent from whole exome and genome sequences of patients with sporadic disease. Unique features of Nav1.6 include its contribution to persistent current, resurgent current, repetitive neuronal firing, and subcellular localization at the axon initial segment and nodes of Ranvier. Loss of Nav1.6 activity results in reduced neuronal excitability, while gain-of-function mutations can increase neuronal excitability. Mouse Scn8a (med mutants exhibit movement disorders including ataxia, tremor and dystonia. Thus far, more than ten human de novo mutations have been identified in patients with two types of disorders, epileptic encephalopathy and intellectual disability. We review these human mutations as well as the unique features of Nav1.6 that contribute to its role in determining neuronal excitability in vivo. A supplemental figure illustrating the positions of amino acid residues within the 4 domains and 24 transmembrane segments of Nav1.6 is provided to facilitate the location of novel mutations within the channel protein.

  1. INTIMIDAD Y PROPIEDAD INTELECTUAL EN LAS REDES SOCIALES: EL CASO COLOMBIANO. PRIVACY AND INTELLECTUAL PROPERTY IN THE SOCIAL NETWORKS: THE COLOMBIAN CASE.

    Directory of Open Access Journals (Sweden)

    Hugo Nelson Castañeda

    2012-12-01

    Full Text Available Los abusos que se hace del derecho a la información en internet y especialmente en las Redes Sociales Virtuales (en adelante RSV son constantes y la posibilidad de restringirlos es mínima. Todo parecería indicar que en el mundo virtual no existirá la censura, pero se evidencia todo lo contrario. Muchos grupos de presión, entre ellos quienes buscan la defensa de intereses económicos, han instado a los gobiernos, como el colombiano, y a las empresas de la web (incluidas las RSV para que constituyan mecanismos de control de todo lo que se difunde por internet y evitar atentados contra el honor, la intimidad y la propiedad intelectual, pero los métodos (legales o de facto que se han implementado se convirtieron en una forma de censura de las expresiones creativas que reduce la disponibilidad de información y paradójicamente la libertad individual. Para demostrar lo anterior, en escrito se utilizó técnicas de estudio documental en los que se pudiera constatar la influencia de las RSV en el Derecho.Abuses of the right to information on the Internet and especially in virtual social networks (VSN from now on are constant and the possibility of restricting them is minimal. Everything would seem to indicate that in the virtual world there is no censorship, but there is evidence of the opposite. Many groups, including those who seek the defense of economic interests, have urged Governments, such as the Colombian one, and the Web companies (including the RSV so that they constitute control mechanisms of everything that is spread via the Internet and prevent the attacks against honor, privacy, and intellectual property, but the (legal or de facto methods that have been implemented have become a form of censorship of creative expressions that reduces the availability of information and paradoxically the individual freedom. In order to prove this, techniques of documentary study were used, in which the influence of the VSN in the Law, could be

  2. Liability for contaminated property : the interaction between regulation and the common law

    Energy Technology Data Exchange (ETDEWEB)

    MacWilliam, A.G. [Milner Fenerty, Calgary, AB (Canada)

    1998-12-31

    The criteria used for guidelines by environmental regulators to set acceptable levels of contamination for the purposes of site remediation were discussed. For the purposes of liability under environmental legislation, the guidelines allow `persons responsible` for property contamination to have an idea of the extent to which they must remediate. The guidelines provide a standard of cleanliness which takes into account the protection of environmental quality and human health. This paper describes common law causes of action, including claims in tort and claims in contract. Issues of negligence, nuisance, and liability under Rylands v. Fletcher are also addressed.

  3. The Development and Psychometric Properties of the Immigration Law Concerns Scale (ILCS) for HIV Testing.

    Science.gov (United States)

    Lechuga, Julia; Galletly, Carol L; Broaddus, Michelle R; Dickson-Gomez, Julia B; Glasman, Laura R; McAuliffe, Timothy L; Vega, Miriam Y; LeGrand, Sarah; Mena, Carla A; Barlow, Morgan L; Valera, Erik; Montenegro, Judith I

    2017-11-08

    To develop, pilot test, and conduct psychometric analyses of an innovative scale measuring the influence of perceived immigration laws on Latino migrants' HIV-testing behavior. The Immigration Law Concerns Scale (ILCS) was developed in three phases: Phase 1 involved a review of law and literature, generation of scale items, consultation with project advisors, and subsequent revision of the scale. Phase 2 involved systematic translation- back translation and consensus-based editorial processes conducted by members of a bilingual and multi-national study team. In Phase 3, 339 sexually active, HIV-negative Spanish-speaking, non-citizen Latino migrant adults (both documented and undocumented) completed the scale via audio computer-assisted self-interview. The psychometric properties of the scale were tested with exploratory factor analysis and estimates of reliability coefficients were generated. Bivariate correlations were conducted to test the discriminant and predictive validity of identified factors. Exploratory factor analysis revealed a three-factor, 17-item scale. subscale reliability ranged from 0.72 to 0.79. There were significant associations between the ILCS and the HIV-testing behaviors of participants. Results of the pilot test and psychometric analysis of the ILCS are promising. The scale is reliable and significantly associated with the HIV-testing behaviors of participants. Subscales related to unwanted government attention and concerns about meeting moral character requirements should be refined.

  4. 我國智慧財產訴訟中專利權無效抗辯趨勢報導 The Defense of Patent Invalidity in the Intellectual Property Litigation Special Report

    Directory of Open Access Journals (Sweden)

    陳群顯 Chun-Hsien Chen

    2007-06-01

    property litigations tremendously. The core structure of establishment of IP Court is based on the “IP Court Organic Law” and “IP Trial Law.” The IP Trial Law has been passed by the Legislative Yuan on January 9, 2007 and the IP Court Organic Law has been passed by the Legislative Yuan on March 5, 2007. Paragraph 1, Article 16 of the IP Trial Law states that “the Court shall determination the intellectual property invalid defense raised by the defendant.” This Article will change the dual approaches of the public law and the private law in our current legal system and will create great impacts on both parties of the intellectual property litigation. This report would like to introduce and analyze this new court proceeding design and provide useful analysis and suggestions with respect to this new development.

  5. Advances in the study of mechanical properties and constitutive law in the field of wood research

    Science.gov (United States)

    Zhao, S.; Zhao, J. X.; Han, G. Z.

    2016-07-01

    This paper presents an overview of mechanical properties and constitutive law for wood. Current research on the mechanical properties of wood have mostly focused on density, grain, moisture, and other natural factors. It has been established that high density, dense grain, and high moisture lead to higher strength. In most literature, wood has been regarded as an anisotropic material because of its fiber. A microscopic view is used in research of wood today, in this way, which has allowed for clear observation of anisotropy. In general, wood has higher strength under a dynamic load, and no densification. The constitutive model is the basis of numerical analysis. An anisotropic model of porous and composite materials has been used for wood, but results were poor, and new constitutions have been introduced. According to the literature, there is no single theory that is widely accepted for the dynamic load. Research has shown that grain and moisture are key factors in wood strength, but there has not been enough study on dynamic loads so far. Hill law has been the most common method of simulation. Models that consider high strain rate are attracting more and more attention.

  6. This Bud's for You: Understanding International Intellectual Property Law through the Ongoing Dispute over the Budweiser Trademark

    Science.gov (United States)

    Bird, Robert C.

    2006-01-01

    There is little doubt that topics related to beer would be of some interest to college students. Anheuser-Busch, well known for its Budweiser beer and humorous advertising, faces a global trademark challenge to its "Budweiser" name. This battle between a global American company and a small Czech brewery is an opportunity for interesting…

  7. Intellectual property in ethnomathematics

    Directory of Open Access Journals (Sweden)

    Aldo Parra

    2015-01-01

    Full Text Available Partiendo de reflexiones sobre la metodología empleada en una experiencia con una comunidad indígena colombiana, este artículo propone posibilidades para la investigación en etnomatemática, que tienen implicaciones en aspectos como la propiedad intelectual y la pertinencia social, así como en el reconocimiento y legitimación de ámbitos alternativos de generación, difusión y transformación del conocimiento matemático. El texto tiene cinco secciones: a información sobre la comunidad indígena, b descripción del proceso investigativo (por su carácter colectivo y comunitario es narrado en primera persona del plural, y de la elaboración de sus productos bilingües, así como de la dinámica actual del grupo investigador, c consideraciones individuales del autor, discutiendo la consonancia de la metodología en investigaciones etnomatemáticas con los presupuestos teóricos, humanistas y políticos del campo disciplinar. d consideraciones finales, compartiendo elementos para un desarrollo posterior, e epílogo o lectura de la experiencia desde otra mirada, donde se discute el espíritu que anima los análisis hechos.

  8. Intellectual Property in Ethnomathematics

    DEFF Research Database (Denmark)

    Sanchez, Aldo Ivan Parra

    2015-01-01

    their very nature, it will be written in a first-person plural voice), c) individual thoughts, treating the harmony between the ethnomathematical methodology and its theoretical, humanistic and political foundations, d) final remarks, sharing insights for further development, e)an epilogue or a review about...

  9. 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

  10. 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

  11. A technology transfer strategy based on the dynamics of the generation of intellectual property in Latin-America

    Directory of Open Access Journals (Sweden)

    Hermann Stuart Fuquen

    2018-03-01

    Full Text Available Purpose: Latin American countries have adopted different models of units or transfer offices associated with improved competitiveness; however, it is unclear whether they have been successful or if they have been designed while taking into account the context and particularities of the region. This article aims to summarize the concept of transfer offices and the context of the generation of knowledge through patents in Latin America, and identify strategies that have been suggested in the literature to set up and operate this type of offices, based on the Latin American context. Design/methodology/approach: Through a systemic literature review, academic articles indexed in the ISI Web of Knowledge and Scopus databases were analyzed to identify the literature related to the context of technology transfer and transfer offices. We cited and analyzed in depth a total of 40 articles. For a review of the Latin American context, 29 documents were reviewed and referenced. Previous documents were taken from specialized networks of the Scientific Information System REDALCYT and libraries of universities, such as the Universidad Nacional Autónoma de México (UNAM and the Universidad Nacional de Colombia, among others. Additionally, we added reports and publications by the Economic Commission for Latin America and the Caribbean (CEPAL, and REDEMPRENDIA. Statistical data provided by the World Intellectual Property Organization (WIPO were used for the analysis of patent generation cases in Latin American countries. Subsequently, the literature of the systematic review was compared with studies by authors and Latin American entities, which give a regional context to this work. Finally, strategies were discussed and identified for the consolidation of transfer offices that impact the generation of knowledge in the region. Findings: The results of the literature review conducted revealed that several authors have proposed extensive mechanisms for transfer

  12. Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

    OpenAIRE

    Canatay HACIKÖYLÜ

    2016-01-01

    There are provisions in Income Tax Law No. 193 and Corporate Tax Law No. 5520 on the nature and taxation of income that real and legal persons acquire from real estate sales. There have been many changes in these provisions over time, but the changes made didnt meet the needs, and they distorted the systematic structure of the Laws. For these and similar reasons, the income tax law draft has been prepared based on Income Tax Law and Corporate Tax Law. With the draft, the Income Tax Law No. 19...

  13. 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.

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

    Science.gov (United States)

    Son, Kyung-Bok; Lee, Tae-Jin

    2017-06-06

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

  15. 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.

  16. Intellectual History

    DEFF Research Database (Denmark)

    In the 5 Questions book series, this volume presents a range of leading scholars in Intellectual History and the History of Ideas through their answers to a brief questionnaire. Respondents include Michael Friedman, Jacques le Goff, Hans Ulrich Gumbrecht, Jonathan Israel, Phiip Pettit, John Pocock...

  17. The Intellectual

    Directory of Open Access Journals (Sweden)

    John M. Novak

    2005-01-01

    Full Text Available Book jackets sometimes provide insightful provocation about the content and flavour of a text. Certainly the designers of the front jacket for Steve Fuller’s The Intellectual intended to be provocative when they placed the words, “the positive power of negative thinking,” at the top centre.

  18. Intellectual Capital

    DEFF Research Database (Denmark)

    Bukh, Per Nikolaj; Christensen, Karina Skovvang

    2015-01-01

    Intellectual capital (IC) consists of human capital, organizational capital, and relational capital, and their relationships. It has been said to be important to explain the difference between market value and book value of a firm, but measurement of IC is more likely to be important because...

  19. Trade Secret Law and Information Systems: Can Your Students Keep a Secret?

    Science.gov (United States)

    Willey, Lorrie; Ford, Janet C.; White, Barbara Jo; Clapper, Danial L.

    2011-01-01

    The impact of intellectual property (IP) law on information systems (IS) professionals in business cannot be overstated. The IS 2010 model curriculum guidelines for undergraduate IS programs stress the importance of information security and knowledge about IP. While copyright and patents are the most well-known types of IP, another, trade secrets,…

  20. Overview of Court Practice Relating to the Right of the Limited Use of Someone Else's Property in an English Law

    Directory of Open Access Journals (Sweden)

    Viktoria S. Arhipova

    2016-09-01

    Full Text Available In this article author carries out the detailed overview of the court practice concerning the right of limited use of someone else's property in system of a common law. In it definition the concept "servitude", servitude signs of an English law is given, each of them is in detail described and additional requirements which are necessary for existence of the servitude are described. In the conclusion the author emphasizes that the case law, unfortunately, has for the judge certainly no binding force. In certain cases the judge has the right to deviate from precedents and to pass the decision, new on the content. This fact proves flexibility of case law, but at the same time and some uncertainty, the choice of one of a set of the available precedents and its interpretation at discretion depends on the judge.

  1. 76 FR 74755 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2011-12-01

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations AGENCY: Office of Procurement and... Agriculture Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law... respects and follows the policies and laws regarding worker labor protections particularly as they [[Page...

  2. 77 FR 5750 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2012-02-06

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal AGENCY: Office of... Agriculture Acquisition Regulation at subpart 422.70 entitled ``Labor Law Violations'' that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that...

  3. 77 FR 5714 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2012-02-06

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal AGENCY: Office of... 422.70 entitled ``Labor Law Violations'' that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that, to the best of its knowledge...

  4. 76 FR 74722 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2011-12-01

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations AGENCY: Office of Procurement and... Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law Violations... objectives, this proposed rule adds a subpart and clause entitled Labor Law Violations to the Agriculture...

  5. 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。

  6. Forest biotechnology in Canada: Analysis of intellectual property rights and protection of higher lifeforms. Working paper No. WP-OI-95.05

    Energy Technology Data Exchange (ETDEWEB)

    Globerman, S.

    1995-12-01

    This study is part of a series assessing the impacts of patenting plants and animals, and focuses on the potential impact and desirability of patenting multicellular organisms for application in forestry. The two major areas where biotechnology involving the creation of new multicellular organisms may have a significant impact on the forest products sector are the production of seeds and the employment of biopesticides. The specific objectives of the study include an evaluation of the economic effects of alternative intellectual property policy regimes on participants in the domestic forestry sector; an assessment of Canada`s strategic interests in the forestry sector in the context of international competition; and an evaluation of the likely rate and direction of technological change and economic growth in the forestry sector. Statistics on the international forest industry conclude the document.

  7. Consumer Benefits of Today's Digital Rights Management (DRM) Solutions. Hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary. House of Representatives, One Hundred Seventh Congress, Second Session (June 5, 2002).

    Science.gov (United States)

    Congress of the U.S., Washington, DC. House Committee on the Judiciary.

    The Subcommittee on Courts, the Internet, and Intellectual Property, Committee on the Judiciary met, pursuant to call, at 2:15 p.m., in Room 2141, Rayburn House Office Building, to review the consumer benefits of today's digital rights management (DRM) solutions. The Honorable Howard Coble, a Representative in Congress from North Carolina and…

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

    Science.gov (United States)

    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

  9. 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.

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

    Science.gov (United States)

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

    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

  11. Are the Laws of Thermodynamics Consequences of a Fractal Properties of Universe?

    OpenAIRE

    Kobelev, L. Ya.

    2000-01-01

    Why in our Universe the laws of thermodynamics are valid? In the paper is demonstrated the reason of it: if the time and the space are multifractal and the Universe is in an equilibrium state the laws of the thermodynamics are consequences of it's multifractal structure.

  12. Face and Emotion Recognition on Commercial Property under EU Data Protection Law

    DEFF Research Database (Denmark)

    Lewinski, Peter; Trzaskowski, Jan; Luzak, Joasia

    2016-01-01

    This paper integrates and cuts through domains of privacy law and biometrics. Specifically, this paper presents a legal analysis on the use of Automated Facial Recognition Systems (the AFRS) in commercial (retail store) settings within the European Union data protection framework. The AFRS...... to the technology's potential of becoming a substantial privacy issue. First, this paper introduces the AFRS and EU data protection law. This is followed by an analysis of European Data protection law and its application in relation to the use of the AFRS, including requirements concerning data quality...

  13. Fire and Water Make Steam - Redefining the Role of Competition Law in TRIPS

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2011-01-01

    The paper points out the relevance of competition law to international issues of Intellectual Property Law (IPR) and demonstrates how competition law internationally has come to function as an indispensable instrument to balance IPR. The perspective is international and focused on TRIPS. The rules...... in TRIPS which define the obligations of member states to protect rightholders are detailed, comprehensive, and aimed at a high level of protection. The few rules in the Treaty which deals with competition law and the role of competition as a balancing instrument to IPR are weak and imprecise....... This disparity does not reflect the conclusion in national law where it is now generally acknowledged that IPR and competition law serve the same goal, viz. dynamic efficiency and consumer welfare and where competition law has come to function as a second tier of balancing norms. The paper claims...

  14. Fire and Water Make Steam - Redefining the Role of Competition Law in TRIPS

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    The paper points out the relevance of competition law to international issues of Intellectual Property Law (IPR) and demonstrates how competition law internationally has come to function as an indispensable instrument to balance IPR. The perspective is international and focused on TRIPS. The rules...... in TRIPS which define the obligations of member states to protect rightholders are detailed, comprehensive, and aimed at a high level of protection. The few rules in the Treaty which deals with competition law and the role of competition as a balancing instrument to IPR are weak and imprecise....... This disparity does not reflect the conclusion in national law where it is now generally acknowledged that IPR and competition law serve the same goal, viz. dynamic efficiency and consumer welfare and where competition law has come to function as a second tier of balancing norms. The paper claims...

  15. Thermostatistical properties of q-deformed bosons trapped in a D-dimensional power-law potential

    International Nuclear Information System (INIS)

    Su Guozhen; Chen Jincan; Chen Lixuan

    2003-01-01

    The thermostatistical properties of an ideal gas of q-deformed bosons trapped in a D-dimensional power-law potential are studied, based on the q-deformed Bose-Einstein distribution. The effects of q-deformation on the properties of the system are discussed. It is shown that q-deformed bosons (q ≠ 1) possess many different characteristics from those of ordinary bosons, which include the condition that Bose-Einstein condensation (BEC) occurs, the critical temperature and the continuity of heat capacity

  16. Intellectual Disability and Parenthood

    Directory of Open Access Journals (Sweden)

    Isack Kandel

    2005-01-01

    Full Text Available Parenthood in persons with intellectual disability (ID is an issue of concern for the family, guardians, and professionals as there are many sentiments and problems involved: financial, technical, medical, legal, and above all moral. People with intellectual, developmental, or other disabilities have feelings, want relationships, and are able to have children also. The attitude of society has changed through time from the early eugenic concern with heredity and fertility, to a focus on the risk to the children due to parental neglect or abuse, to acceptance and a search for solutions to parental training and support. This change can be seen as a result of a shift from institutional care to community care and normalization. This paper reviews available research, prevalence, service issues, experience from around the world, and relates to the situation in Israel. Jewish Law has been very progressive regarding the possibility of marriage between persons with ID (in contrast to American Law where historically this right has been denied, until recently. Recent research has shown that, in the case of such a union resulting in children, although they require some supervision, family, friends, and social welfare agencies have scrutinized these families so much they are in constant fear of their child being taken away. There is little information on the number of such cases and an overall dearth of information on the effects on the children, although one recent study from the U.K. has shown a varied picture of resilience and a close, warm relationship later on with the family and especially the mother.

  17. Advanced Introduction to Private Law

    NARCIS (Netherlands)

    Smits, Jan

    2017-01-01

    In this Advanced Introduction, the reader is taken on an intellectual journey through the different facets and dimensions of private law, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law,

  18. Lambert-Beer law in ocean waters: optical properties of water and of dissolved/suspended material, optical energy budgets.

    Science.gov (United States)

    Stavn, R H

    1988-01-15

    The role of the Lambert-Beer law in ocean optics is critically examined. The Lambert-Beer law and the three-parameter model of the submarine light field are used to construct an optical energy budget for any hydrosol. It is further applied to the analytical exponential decay coefficient of the light field and used to estimate the optical properties and effects of the dissolved/suspended component in upper ocean layers. The concepts of the empirical exponential decay coefficient (diffuse attenuation coefficient) of the light field and a constant exponential decay coefficient for molecular water are analyzed quantitatively. A constant exponential decay coefficient for water is rejected. The analytical exponential decay coefficient is used to analyze optical gradients in ocean waters.

  19. Finite sample properties of power-law cross-correlations estimators

    Czech Academy of Sciences Publication Activity Database

    Krištoufek, Ladislav

    2015-01-01

    Roč. 419, č. 1 (2015), s. 513-525 ISSN 0378-4371 R&D Projects: GA ČR(CZ) GP14-11402P Keywords : power-law cross-correlations * long - term memory * econophysics Subject RIV: AH - Economics Impact factor: 1.785, year: 2015 http://library.utia.cas.cz/separaty/2014/E/kristoufek-0433530.pdf

  20. Current Law Limits the State Department's Authority to Manage Certain Overseas Properties Cost Effectively

    National Research Council Canada - National Science Library

    Ford, Jess

    2002-01-01

    The Department of State is the central manager for real estate at U.S. embassies and consulates and has the statutory authority to sell properties and use the sales proceeds to acquire and maintain other overseas properties...

  1. The Preservation of Traditional Knowledge and the Cultural Expression of Craft Rumah Gadang’s Walls as the Intellectual Property Of West Sumatera

    Directory of Open Access Journals (Sweden)

    Riza Armilia

    2018-01-01

    Full Text Available This study discusses the problems of the preservation of Minangkabau craft culture, especially the problem of Intellectual Property Rights in the form of traditional knowledge that is on the craft of Rumah Gadang’s walls. The method of this research is qualitative. The informant of this study is determined by using purposive sampling. The chosen informants that are people involved in crafting of Rumah Gadang’s walls and the Department of Tourism of West Sumatra Province. This research was conducted at Minangkabau representative area of Luhak Nan Tigo (Agam, Tanah Datar, Lima Puluh Kota. The results of the study shows the extinction of craft of Rumah Gadang's walls was caused by the development factor of modern society's mindset, thus eliminating the value of a local culture of desire to learn old local culture. Moreover, the history and the topic of craft of Rumah Gadang's walls are deleted from Muatan Lokal Subject from the elementary to college level. Besides, the absence of efforts of local governments in trying to preserve the cultural values contained in traditional of craft of Rumah Gadang’s walls.

  2. The potential for using information systems to enhance information flows and relationships in the intellectual property sector: The case of Kennedys Patent

    Directory of Open Access Journals (Sweden)

    Barlow, A.

    2007-01-01

    Full Text Available This paper investigates the potential use of information systems (IS for enhancing the supply chains of organisations positioned in the intellectual property (IP sector. Exploratory research has been conducted through the lens of a patent and trade mark agent who is involved in advising on a range of IP issues. The research highlights the opportunities offered by IS (including online technologies for generally improving the provision of business services e.g. automating supply chain processes. More specifically, though, it investigates the potential IS have for integrating information flows and providing timely, in-depth and better presented information and the options for online filing. It also explores the capabilities for improving interactions with clients and enhancing relationships with key stakeholders in the supply chain e.g. government agencies, overseas patent agents and lawyers. The paper additionally outlines key challenges that are at the forefront and need to be addressed when using IS within the IP sector such as identity management, security and authentication. The key findings of the research will be of value to researchers and practitioners in the IP field but many of the issues and challenges faced will also be applicable to other sectors.

  3. 智慧財產案例有效性判斷爭議 ― 以美國法「爭點排除」為主 Disputed Issues in Deciding the Validity of Intellectual Property Right ― A Focus on Issue Preclusion

    Directory of Open Access Journals (Sweden)

    陳國成 Kuo-Cheng Chen

    2009-12-01

    Full Text Available 我國智慧財產訴訟新制結合民事、刑事、行政訴訟三種訴訟程序,法院就當事人主張或抗辯智慧財產權有應撤銷、廢止之原因者,對其主張或抗辯有無理由自為判斷之結果,引起民事、刑事、行政訴訟關於智慧財產有效性判斷歧異之問題。 智慧財產權有效性判斷歧異爭議或可藉由擴大爭點效之效力,以避免裁判歧異,美國法爭點排除(issue preclusion)相關理論值得加以參考。依智慧財產案件審理法第33條規定,並未明文限制當事人於前案訴訟程序中,就同一撤銷或廢止理由得提出而未提出智慧財權撤銷、廢止之新證據,不得另案主張。是否能防止反覆爭訟,尚有待觀察。而美國法請求排除(claim preclusion)理論,就不同訴訟事件中判斷歧異與反覆爭訟的發生,可發生一定之防止作用,亦可供借鏡。 本文就智慧財產案件審理之管轄及有效性判斷歧異所生爭議相關問題加以討論並提出初步意見,以作為進一步探討及實務之參考。 The new Intellectual Property Case Adjudication Act consists of civil, criminal or administrative actions (three in one. While a party claims or defends that an intellectual property right shall be cancelled or revoked in civil or criminal actions, there are possibilities of contradictions and different litigation may offer solutions to eliminate conflicts on court determinations of validity. Issue preclusion doctrine in case law in America provides relative references to deal conflict of decisions on the validity of intellectual property right. According to the Article 33 of Intellectual Property Case Adjudication Act, there are no limitations for a case to introduce the evidences those could be presented in a prior action on the same grounds for the cancellation or revocation of a registered trademark of patent. It takes time to observe whether the goal could be

  4. Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA and the Enforcement of Islamic Banking Law in South Africa

    Directory of Open Access Journals (Sweden)

    Maphuti David Tuba

    2017-03-01

    Full Text Available On 22 May 2015, the Supreme Court of Appeal (SCA handed down a judgment in the matter of Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA. This judgement considered whether the prohibition against the charging of interest on a loan in terms of Islamic law (Sharia law may be a defence for a claim for mora interest in terms of a loan agreement. This note critically discusses the judgment in the light of the approach adopted by the SCA with regard to addressing a dispute arising from a contract that has Islamic law as a governing law. As this is the first case to come before the SCA in South Africa, this note critically analyses how the court discussed the principles of Islamic law as applicable to the dispute between the parties. In particular, it questions the court's assertion that a claim for mora interest has nothing to do with and is not affected by the Sharia law's prohibition against payment of interest on a loan debt. It also looks at the SCA's approach (as a common law court with regard to the enforcement of the principles of Islamic banking law. The judgment raises important issues regarding the enforceability of Islamic finance law and therefore merits discussion in the context of the continuing growth and expansion of Islamic banking and finance law in South Africa.

  5. Rheological properties of emulsions stabilized by green banana (Musa cavendishii pulp fitted by power law model

    Directory of Open Access Journals (Sweden)

    Dayane Rosalyn Izidoro

    2009-12-01

    Full Text Available In this work, the rheological behaviour of emulsions (mayonnaises stabilized by green banana pulp using the response surface methodology was studied. In addition, the emulsions stability was investigated. Five formulations were developed, according to design for constrained surfaces and mixtures, with the proportion, respectively: water/soy oil/green banana pulp: F1 (0.10/0.20/0.70, F2 (0.20/0.20/0.60, F3 (0.10/0.25/0.65, F4 (0.20/0.25/0.55 and F5 (0.15/0.225/0.625 .Emulsions rheological properties were performed with a rotational Haake Rheostress 600 rheometer and a cone and plate geometry sensor (60-mm diameter, 2º cone angle, using a gap distance of 1mm. The emulsions showed pseudoplastic behaviour and were adequately described by the Power Law model. The rheological responses were influenced by the difference in green banana pulp proportions and also by the temperatures (10 and 25ºC. The formulations with high pulp content (F1 and F3 presented higher shear stress and apparent viscosity. Response surface methodology, described by the quadratic model,showed that the consistency coefficient (K increased with the interaction between green banana pulp and soy oil concentration and the water fraction contributed to the flow behaviour index increase for all emulsions samples. Analysis of variance showed that the second-order model had not significant lack-of-fit and a significant F-value, indicating that quadratic model fitted well into the experimental data. The emulsions that presented better stability were the formulations F4 (0.20/0.25/0.55 and F5 (0.15/0.225/0.625.No presente trabalho, foi estudado o comportamento reológico de emulsões adicionadas de polpa de banana verde utilizando a metodologia de superfície de resposta e também foram investigadas a estabilidade das emulsões. Foram desenvolvidas cinco formulações, de acordo com o delineamento para superfícies limitadas e misturas, com as proporções respectivamente: água/óleo de

  6. Law 20-30: Teacher Resource Manual.

    Science.gov (United States)

    King, John; Jackson, Landis

    Law 20, in the Alberta (Canada) educational system, is an introductory course with three core modules: (1) "Nature of Law and Civil Law System," (2) "Contract Law," and (3) "Family Law." Law 30 consists of (1) "Basic Rights and Responsibilities," (2) "Labour Law," and (3) "Property Law."…

  7. Industry-University Collaborations in Canada, Japan, the UK and USA – With Emphasis on Publication Freedom and Managing the Intellectual Property Lock-Up Problem

    Science.gov (United States)

    Kneller, Robert; Mongeon, Marcel; Cope, Jeff; Garner, Cathy; Ternouth, Philip

    2014-01-01

    As industry-university collaborations are promoted to commercialize university research and foster economic growth, it is important to understand how companies benefit from these collaborations, and to ensure that resulting academic discoveries are developed for the benefit of all stakeholders: companies, universities and public. Lock up of inventions, and censoring of academic publications, should be avoided if feasible. This case-study analysis of interviews with 90 companies in Canada, Japan, the UK and USA assesses the scope of this challenge and suggests possible resolutions. The participating companies were asked to describe an important interaction with universities, and most described collaborative research. The most frequently cited tensions concerned intellectual property management and publication freedom. IP disagreements were most frequent in the context of narrowly-focused collaborations with American universities. However, in the case of exploratory research, companies accepted the IP management practices of US universities. It might make sense to let companies have an automatic exclusive license to IP from narrowly defined collaborations, but to encourage universities to manage inventions from exploratory collaborations to ensure development incentives. Although Canada, the UK and US have strong publication freedom guarantees, tensions over this issue arose frequently in focused collaborations, though were rare in exploratory collaborations. The UK Lambert Agreements give sponsors the option to control publications in return for paying the full economic cost of a project. This may offer a model for the other three countries. Uniquely among the four countries, Japan enables companies to control exclusively most collaborative inventions and to censor academic publications. Despite this high degree of control, the interviews suggest many companies do not develop university discoveries to their full potential. The steps suggested above may rebalance the

  8. Industry-university collaborations in Canada, Japan, the UK and USA--with emphasis on publication freedom and managing the intellectual property lock-up problem.

    Science.gov (United States)

    Kneller, Robert; Mongeon, Marcel; Cope, Jeff; Garner, Cathy; Ternouth, Philip

    2014-01-01

    As industry-university collaborations are promoted to commercialize university research and foster economic growth, it is important to understand how companies benefit from these collaborations, and to ensure that resulting academic discoveries are developed for the benefit of all stakeholders: companies, universities and public. Lock up of inventions, and censoring of academic publications, should be avoided if feasible. This case-study analysis of interviews with 90 companies in Canada, Japan, the UK and USA assesses the scope of this challenge and suggests possible resolutions. The participating companies were asked to describe an important interaction with universities, and most described collaborative research. The most frequently cited tensions concerned intellectual property management and publication freedom. IP disagreements were most frequent in the context of narrowly-focused collaborations with American universities. However, in the case of exploratory research, companies accepted the IP management practices of US universities. It might make sense to let companies have an automatic exclusive license to IP from narrowly defined collaborations, but to encourage universities to manage inventions from exploratory collaborations to ensure development incentives. Although Canada, the UK and US have strong publication freedom guarantees, tensions over this issue arose frequently in focused collaborations, though were rare in exploratory collaborations. The UK Lambert Agreements give sponsors the option to control publications in return for paying the full economic cost of a project. This may offer a model for the other three countries. Uniquely among the four countries, Japan enables companies to control exclusively most collaborative inventions and to censor academic publications. Despite this high degree of control, the interviews suggest many companies do not develop university discoveries to their full potential. The steps suggested above may rebalance the

  9. Industry-university collaborations in Canada, Japan, the UK and USA--with emphasis on publication freedom and managing the intellectual property lock-up problem.

    Directory of Open Access Journals (Sweden)

    Robert Kneller

    Full Text Available As industry-university collaborations are promoted to commercialize university research and foster economic growth, it is important to understand how companies benefit from these collaborations, and to ensure that resulting academic discoveries are developed for the benefit of all stakeholders: companies, universities and public. Lock up of inventions, and censoring of academic publications, should be avoided if feasible. This case-study analysis of interviews with 90 companies in Canada, Japan, the UK and USA assesses the scope of this challenge and suggests possible resolutions. The participating companies were asked to describe an important interaction with universities, and most described collaborative research. The most frequently cited tensions concerned intellectual property management and publication freedom. IP disagreements were most frequent in the context of narrowly-focused collaborations with American universities. However, in the case of exploratory research, companies accepted the IP management practices of US universities. It might make sense to let companies have an automatic exclusive license to IP from narrowly defined collaborations, but to encourage universities to manage inventions from exploratory collaborations to ensure development incentives. Although Canada, the UK and US have strong publication freedom guarantees, tensions over this issue arose frequently in focused collaborations, though were rare in exploratory collaborations. The UK Lambert Agreements give sponsors the option to control publications in return for paying the full economic cost of a project. This may offer a model for the other three countries. Uniquely among the four countries, Japan enables companies to control exclusively most collaborative inventions and to censor academic publications. Despite this high degree of control, the interviews suggest many companies do not develop university discoveries to their full potential. The steps suggested

  10. Some Problems Associated With the Application of Copyright Law Within the Music Industry

    OpenAIRE

    Miroslav Skoro

    2009-01-01

    This work examines the historical, philosophical and legal particulars relating to copyright law and intellectual property as an intangible work, as well as, the practical application of those rights with emphasis on the particular effects of computerisation and the emergance of the internet on the business results of the music industry. A question is raised as to whether it is businessly ethical for a legal entity to accrue considerable material gain as the result of illegal usage of copywri...

  11. Marriage and Matrimonial Property Law Amendment Act (No. 3 of 1988), 25 February 1988.

    Science.gov (United States)

    1988-01-01

    This Act puts Black civil marriages on the same footing as those of the rest of the population of South Africa. Such marriages entered into after the commencement of the Act are automatically governed by a community property regime, rather than by separation of property, and subject to Chapters 2 and 3 of the Matrimonial Property Act (Number 88 of 1984), which increased the legal protection afforded to women in marriage. The Act also forbids a Black man and woman from marrying according to a civil ceremony, if the man is involved in a customary union with another woman. Although the Act as a whole is not retrospective in effect, it does authorize a court to direct that the assets of one spouse be made over to the other spouse on divorce when the spouses were married by civil ceremony under Section 22(6) of the Black Administration Act (No. 38 of 1927) before the commencement of this Act. Under the Act, a couple may choose by antenuptial agreement not to be governed by a community property regime, and a couple married under a separation of property regime may choose to change it. full text

  12. Final Report - Crystal Settling, Redox, and High Temperature Properties of ORP HLW and LAW Glasses, VSL-09R1510-1, Rev. 0, dated 6/18/09

    Energy Technology Data Exchange (ETDEWEB)

    Kruger, Albert A.; Wang, C.; Gan, H.; Pegg, I. L.; Chaudhuri, M.; Kot, W.; Feng, Z.; Viragh, C.; McKeown, D. A.; Joseph, I.; Muller, I. S.; Cecil, R.; Zhao, W.

    2013-11-13

    The radioactive tank waste treatment programs at the U. S. Department of Energy (DOE) have featured joule heated ceramic melter technology for the vitrification of high level waste (HLW). The Hanford Tank Waste Treatment and Immobilization Plant (WTP) employs this same basic technology not only for the vitrification of HLW streams but also for the vitrification of Low Activity Waste (LAW) streams. Because of the much greater throughput rates required of the WTP as compared to the vitrification facilities at the West Valley Demonstration Project (WVDP) or the Defense Waste Processing Facility (DWPF), the WTP employs advanced joule heated melters with forced mixing of the glass pool (bubblers) to improve heat and mass transport and increase melting rates. However, for both HLW and LAW treatment, the ability to increase waste loadings offers the potential to significantly reduce the amount of glass that must be produced and disposed and, therefore, the overall project costs. This report presents the results from a study to investigate several glass property issues related to WTP HLW and LAW vitrification: crystal formation and settling in selected HLW glasses; redox behavior of vanadium and chromium in selected LAW glasses; and key high temperature thermal properties of representative HLW and LAW glasses. The work was conducted according to Test Plans that were prepared for the HLW and LAW scope, respectively. One part of this work thus addresses some of the possible detrimental effects due to considerably higher crystal content in waste glass melts and, in particular, the impact of high crystal contents on the flow property of the glass melt and the settling rate of representative crystalline phases in an environment similar to that of an idling glass melter. Characterization of vanadium redox shifts in representative WTP LAW glasses is the second focal point of this work. The third part of this work focused on key high temperature thermal properties of

  13. [Four properties law of nature data of Chinese materia medica in "Chinese herbal medicine (CHM)"].

    Science.gov (United States)

    Yang, Xue-Mei; Lin, Duan-Yi; Lai, Xin-Mei; Chen, Mei-Mei; Huang, Lu-Qi

    2013-05-01

    In order to provide theoretical clues and data support for the use of Chinese medicine clinical drug, experimental study of Chinese materia medica and development of new resources of Chinese materia medica, the four properties as the core, the relationships of property, flavor, channel tropism and toxicity in nature data of Chinese materia medica were analyzed. The spearman rank correlation method was employed to analyze 8 356 Chinese drugs with characteristic of four properties from " Chinese Herbal Medicine" based on data level coding. It was discovered that four properties showed significant positive correlations with tastes of "pungent and sweet" , channels of "spleen" , "stomach" , "kidney" and "toxicity" , but also showed significant negative correlations with tastes of "bitter" and "light" and six channels such as "large intestine" , "heart", "bladder" , "gallbladder" , "small intestine" and "lung" (in descending order of correlation ) (P <0. 01). It was indicated that the more hot the Chinese medicine nature, the more possible it contained "toxicity" , tastes of "pungent" and "sweet" , and the more possible it was belong to channels of "spleen" , "stomach" and "kidney". As well, the more cold the Chinese medicine nature, the more possible it contained tastes of "bitter" and "light", and the more possible it was belong to six channels such as "large intestine", etc.

  14. The field-induced laws of thermodynamic properties in the two-dimensional spin-1 ferromagnetic Heisenberg model with the exchange and single-ion anisotropies

    International Nuclear Information System (INIS)

    Pu Qiurong; Chen Yuan

    2013-01-01

    Green's function method is applied to investigate the two-dimensional spin-1 ferromagnetic Heisenberg model with the exchange and single-ion anisotropies. In the presence of the magnetic field, the effects of the anisotropies and field on the thermodynamic properties are obtained within the random phase approximation combining with Anderson-Callen approximation. The field-induced laws are found for the thermodynamic properties. Field dependences of heights of the susceptibility maximum and specific heat maximum fit well to power laws. The linear increase at high fields is shown for positions of the susceptibility maximum and specific heat maximum. A power law at low fields occurs for the position of the susceptibility maximum. At the positions of the maxima, the magnetization and internal energy display the power-law increase and linear decrease with the field, respectively. The exponents of the power laws are dependent of the anisotropies, as well as the slopes of the linear laws. Our results do not support the 2/3 power law which was obtained by the Landau theory.

  15. 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.

  16. An improved method to determine neuromuscular properties using force laws - From single muscle to applications in human movements.

    Science.gov (United States)

    Siebert, T; Sust, M; Thaller, S; Tilp, M; Wagner, H

    2007-04-01

    We evaluate an improved method for individually determining neuromuscular properties in vivo. The method is based on Hill's equation used as a force law combined with Newton's equation of motion. To ensure the range of validity of Hill's equation, we first perform detailed investigations on in vitro single muscles. The force-velocity relation determined with the model coincides well with results obtained by standard methods (r=.99) above 20% of the isometric force. In addition, the model-predicted force curves during work loop contractions very well agree with measurements (mean difference: 2-3%). Subsequently, we deduce theoretically under which conditions it is possible to combine several muscles of the human body to model muscles. This leads to a model equation for human leg extension movements containing parameters for the muscle properties and for the activation. To numerically determine these invariant neuromuscular properties we devise an experimental method based on concentric and isometric leg extensions. With this method we determine individual muscle parameters from experiments such that the simulated curves agree well with experiments (r=.99). A reliability test with 12 participants revealed correlations r=.72-.91 for the neuromuscular parameters (p<.01). Predictions of similar movements under different conditions show mean errors of about 5%. In addition, we present applications in sports practise and theory.

  17. A novel scaling law relating the geometrical dimensions of a photocathode radio frequency gun to its radio frequency properties

    Science.gov (United States)

    Lal, Shankar; Pant, K. K.; Krishnagopal, S.

    2011-12-01

    Developing a photocathode RF gun with the desired RF properties of the π-mode, such as field balance (eb) ˜1, resonant frequency fπ = 2856 MHz, and waveguide-to-cavity coupling coefficient βπ ˜1, requires precise tuning of the resonant frequencies of the independent full- and half-cells (ff and fh), and of the waveguide-to-full-cell coupling coefficient (βf). While contemporary electromagnetic codes and precision machining capability have made it possible to design and tune independent cells of a photocathode RF gun for desired RF properties, thereby eliminating the need for tuning, access to such computational resources and quality of machining is not very widespread. Therefore, many such structures require tuning after machining by employing conventional tuning techniques that are iterative in nature. Any procedure that improves understanding of the tuning process and consequently reduces the number of iterations and the associated risks in tuning a photocathode gun would, therefore, be useful. In this paper, we discuss a method devised by us to tune a photocathode RF gun for desired RF properties under operating conditions. We develop and employ a simple scaling law that accounts for inter-dependence between frequency of independent cells and waveguide-to-cavity coupling coefficient, and the effect of brazing clearance for joining of the two cells. The method has been employed to successfully develop multiple 1.6 cell BNL/SLAC/UCLA type S-band photocathode RF guns with the desired RF properties, without the need to tune them by a tiresome cut-and-measure process. Our analysis also provides a physical insight into how the geometrical dimensions affect the RF properties of the photo-cathode RF gun.

  18. 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...

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

    NARCIS (Netherlands)

    't Hoen, Ellen F. M.; Veraldi, Jacquelyn; Toebes, Brigit; Hogerzeil, Hendrik

    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

  20. HARNESSING INTELLECTUAL PROPERTY FOR DEVELOPMENT ...

    African Journals Online (AJOL)

    10332324

    THOUGHTS ON AN APPROPRIATE THEORETICAL FRAMEWORK ..... Helfer 2007 UC Davis LR 1018; Chapman 2002 Journal of International .... "freedom to receive or impart information or ideas; freedom of artistic creativity; and ... on the state to adequately fund research.64 However, Davis is of the view that such.

  1. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  2. Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

    Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

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

    Science.gov (United States)

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

    2008-07-01

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

  4. Thermodynamic properties and entropy scaling law for diffusivity in soft spheres.

    Science.gov (United States)

    Pieprzyk, S; Heyes, D M; Brańka, A C

    2014-07-01

    The purely repulsive soft-sphere system, where the interaction potential is inversely proportional to the pair separation raised to the power n, is considered. The Laplace transform technique is used to derive its thermodynamic properties in terms of the potential energy and its density derivative obtained from molecular dynamics simulations. The derived expressions provide an analytic framework with which to explore soft-sphere thermodynamics across the whole softness-density fluid domain. The trends in the isochoric and isobaric heat capacity, thermal expansion coefficient, isothermal and adiabatic bulk moduli, Grüneisen parameter, isothermal pressure, and the Joule-Thomson coefficient as a function of fluid density and potential softness are described using these formulas supplemented by the simulation-derived equation of state. At low densities a minimum in the isobaric heat capacity with density is found, which is a new feature for a purely repulsive pair interaction. The hard-sphere and n = 3 limits are obtained, and the low density limit specified analytically for any n is discussed. The softness dependence of calculated quantities indicates freezing criteria based on features of the radial distribution function or derived functions of it are not expected to be universal. A new and accurate formula linking the self-diffusion coefficient to the excess entropy for the entire fluid softness-density domain is proposed, which incorporates the kinetic theory solution for the low density limit and an entropy-dependent function in an exponential form. The thermodynamic properties (or their derivatives), structural quantities, and diffusion coefficient indicate that three regions specified by a convex, concave, and intermediate density dependence can be expected as a function of n, with a narrow transition region within the range 5 < n < 8.

  5. Patent Law for Computer Scientists

    Science.gov (United States)

    Closa, Daniel; Gardiner, Alex; Giemsa, Falk; Machek, Jörg

    More than five centuries ago the first patent statute was passed by the Venetian senate. It already had most of the features of modern patent law, recognizing the public interest in innovation and granting exclusive right in exchange for a full disclosure. Some 350 years later the industrial revolution led to globalisation. The wish to protect intellectual property on a more international level evolved and supranational treaties were negotiated. Patent laws are still different in many countries, however, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices. The procedures at the USPTO, JPO and EPO and, in particular, the differences in the treatment of applications centring on software are briefly explained. In later sections of this book, a wealth of examples will be presented. The methodology behind the treatment of these examples is explained.

  6. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    is still on the increase.8 It is forecast that the world will face a 40 per cent .... the legal context entails.27 Renowned property law scholars, like Underkuffler, argue ..... operation of law.53 The classic examples of Roman law res publicae were ...

  7. Evolution of rheological properties of nuclear bituminized waste products, towards an ageing/viscosity law

    International Nuclear Information System (INIS)

    Mouazen, M.

    2011-01-01

    This work is a contribution to the understanding of rheological properties of bitumen and their evolution under gamma irradiation. The prediction of swelling ratio is necessary to evaluate the state of the containers, particularly during the reversibility phase of the storage. The objective of this work is thus to establish the rheological data its evolution under irradiation in order to predict the container swelling with time. After the rheological and thermal characterization of pure bitumen, a series of extrusion trials has been carried out. The state of dispersion essentially depends on the ratio N/Q (screw speed to feed rate). Extreme values of N/Q show the highest yield stress, indicating an improved dispersion state. The industrial bitumen compound exhibits the highest viscosity compared to model compounds, which limits bubble migration. Finally, the effect of gamma irradiation on pure bitumen and compounds behaviour has been studied. External and structural modifications have been evidenced. A theoretical model based on Krieger-Dougherty equation has been developed and shows a good agreement with experimental data. (author)

  8. The Subject Before the Law

    DEFF Research Database (Denmark)

    Simonsen, Karen-Margrethe

    2013-01-01

    This article presents a critical discussion of the importance and use of narration within the law. It takes its point of departure in Robert Musil's "The Man Without Qualities", especially focusing on the Moosbrugger case, the resemblance between the criminal Moosbrugger and the intellectual hero...

  9. Scholars, Intellectuals, and Bricoleurs

    Science.gov (United States)

    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…

  10. An elementary consideration of humanity? Linking trade-related intellectual property rights to the human right to health in international law / Lisa Forman

    Index Scriptorium Estoniae

    Forman, Lisa

    2011-01-01

    Artikkel käsitleb inimõiguste teemat ja keskendub peamiselt meditsiiniõigusele ning seostele TRIPSi lepingust tulenevate reeglite järgimisele. WTO vaidluste lahendamine ja farmaatsiatoodete patendid

  11. Practical Approaches to the Numerus Clausus of Land Rights : How Legal Professionals in South Africa and the Netherlands deal with Certainty and Flexibility in Property Law

    NARCIS (Netherlands)

    Verstappen, Leonardus; Mostert, Hanri; Barr, Warren

    2015-01-01

    This chapter examines the application of the numerus clausus in respect of types and content of rights in two jurisdictions strongly subscribing to the civil law tradition of property, the Netherlands and South Africa. In categorising real rights according to content and type, these two systems

  12. Stress-Testing the EU Proposal on Matrimonial Property Regimes : Co-operation between EU private international law instruments on family matters and succession

    NARCIS (Netherlands)

    Gray, Jaki; Quinza Redondo, Pablo

    2013-01-01

    This article seeks to critically analyse the European Commission's Proposal for a Council Regulation on jurisdiction, applicable law and recognition and enforcement of decisions in matters of matrimonial property regimes (COM (2011) 126). It focuses upon the coordination of the Proposal's provisions

  13. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  14. 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.

  15. 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

  16. Offshore wind power system in the Exclusive Economic Zone. Applicability of German property law; Offshore-Windenergieanlagen in der AWZ. Anwendbarkeit des deutschen Sachenrechts

    Energy Technology Data Exchange (ETDEWEB)

    Schulz, Thomas; Glaesner, Michael [Linklaters LLP, Berlin (Germany)

    2013-04-15

    The present article shows how a lack of regulation has led to a certain degree of legal uncertainty as to whether offshore wind power plants located in the German Exclusive Economic Zone are amenable to German property law. For practical purposes this has made it necessary to negotiate project contracts such that the transfer of ownership of individual components is effected while these are still on shore, even if the purchase price has yet to be fully paid. The financing banks have a policy in place of demanding the establishment of a subsidiary which is to receive ownership of the assets. This makes the structure of such contracts a great deal more complicated in terms of corporations law and tax law. The present article summarises the experiences gained by lawyers in these matters, giving an overview of the different legal positions taken on them to date. It shows that the applicability of German property law follows from the law now in force. Aside from this the authors advocate amendments to the relevant IPR norm as a means of reinforcing legal certainty in practice and make a concrete proposal for a clause to this end.

  17. 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 ...

  18. 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.

  19. 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…

  20. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  1. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  2. International law, public health, and the meanings of pharmaceuticalization.

    Science.gov (United States)

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-02

    Recent social science scholarship has employed the term "pharmaceuticalization" in analyses of the production, circulation and use of drugs. In this paper, we seek to open up further discussion of the scope, limits and potential of this as an analytical device through consideration of the role of law and legal processes in directing pharmaceutical flows. To do so, we synthesize a range of empirical and conceptual work concerned with the relationships between access to medicines and intellectual property law. This paper suggests that alongside documenting the expansion or reduction in demand for particular drugs, analysts of pharmaceuticalization attend to the ways in which socio-legal developments change (or not) the identities of drugs, and the means through which they circulate and come to be used by states and citizens. Such scholarship has the potential to more precisely locate the biopolitical processes that shape international agendas and targets, form markets, and produce health.

  3. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

  4. Civil law

    NARCIS (Netherlands)

    Hesselink, M.W.; Gibbons, M.T.

    2014-01-01

    The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

  5. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

  6. To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

    Directory of Open Access Journals (Sweden)

    Natalia Kashtanova

    2017-01-01

    Full Text Available The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory,imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws

  7. Psychometric properties of the AIR Self-Determination Scale: the Chinese version (AIR SDS-C) for Chinese people with intellectual disabilities.

    Science.gov (United States)

    Wong, P K S; Wong, D F K; Zhuang, X Y; Liu, Y

    2017-03-01

    The construct of self-determination has received considerable attention in the international field of intellectual disabilities (ID). Recently, there has been a rapid development of this construct in Chinese societies including Hong Kong. However, there is no locally validated instrument to measure self-determination in people with ID. This article explains the validation process of the AIR Self-Determination Scale - Chinese version (AIR SDS-C) adapted from the 24-item AIR Self-Determination Scale, developed by Wolman and his colleagues, which is used in school setting. People with mild/moderate ID aged 15 years or above were recruited from special schools and social services units in different regions of Hong Kong. Factor analysis and reliability tests were conducted. Data for a total of 356 participants were used for the analysis. A confirmatory factor analysis was performed to test the factorial construct, and Mplus 7.0 was used for the analysis. The factor structure proposed in the original English version was supported by the data, and all factor loadings were between 0.42 and 0.76. The whole scale achieved good reliability (Cronbach's α = 0.88 and ω = 0.90). The AIR SDS-C appears to be a valid and reliable scale. This study examined adult groups as well as student groups. The application of the scale can thus be extended to a wider population. The implications for theory building and practice are discussed. © 2016 MENCAP and International Association of the Scientific Study of Intellectual and Developmental Disabilities and John Wiley & Sons Ltd.

  8. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  9. Why are generic drugs being held up in transit? Intellectual property rights, international trade, and the right to health in Brazil and beyond.

    Science.gov (United States)

    Rosina, Mônica Steffen Guise; Shaver, Lea

    2012-01-01

    Access to medicines faces a new legal threat: "border enforcement" of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it? © 2012 American Society of Law, Medicine & Ethics, Inc.

  10. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  11. Reflections on Intellectual Hybridity

    Directory of Open Access Journals (Sweden)

    Kimala Price

    2012-05-01

    Full Text Available Drawing from the growing literature on interdisciplinarity and my own experiences as an intellectual hybrid, I discuss the personal and institutional challenges inherent in crossing disciplinary boundaries in the academy. I argue that boundary crossing is a natural occurrence and that the issue of (interdisciplinarity is a matter of degree and of determining who gets to define the boundaries. Defining boundaries is not merely an intellectual enterprise, but also a political act that delineates what is, or is not, legitimate scholarship. This issue is especially salient to women's and gender studies during times of economic distress and educational budget cuts.

  12. 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…

  13. CONSIDERATIONS ON THE CALCULATION OF DAMAGES IN INTELLECTUAL PROPERTY INFRINGEMENT CASES. RIGHT HOLDER’S LOSS AND UNFAIR PROFITS OF THE INFRINGER. CUMULATION

    Directory of Open Access Journals (Sweden)

    Paul-George BUTA

    2017-05-01

    Full Text Available This short article deals with a specific problem of interpretation of Romanian law on the enforcement of IP rights, namely the possibility of having the court set damages to the right holder by taking into account both the right holder’s loss and the infringer’s unfair profits. The two criteria for the assessment of damages are specifically provided for by law and are also expressly provided for by the EU IP Rights Enforcement Directive which was implemented in Romania. While the possibility of referring to either of the two remains uncontested, the possibility of cumulating the two has been denied in some decisions of the Romanian High Court. In order to do so the High Court has interpreted Romanian law so as to comply with the provisions of the EU Directive read by taking into account one of the recitals to the directive which seems to only allow for the criteria to be used alternatively and not cumulatively. The article examines this interpretation and concludes that the curt ought not to have referred to the text of the EU Directive and that, even if it would do so, could not base its interpretation on the recital, as it did and should have come to the conclusion that the cumulation of the two criteria is possible. In order to do so the article examines the implementation of the Directive in Romanian law, the limitations that the CJEU has imposed on the interpretation of EU acts, the history of the enacting of the EU provisions at issue and the context of the provisions within the directive.

  14. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  15. Reporting on intellectual capital

    NARCIS (Netherlands)

    Meer-Kooistra, Jeltje van der; Zijlstra, Siebren M.

    2001-01-01

    In today’s knowledge-based economy intellectual capital (IC) is becoming a major part of companies’ value. Being able to manage and control IC requires that companies can identify, measure and report internally on IC. As financial accounting rules ban full disclosure of IC in the annual report the

  16. Sexuality and Intellectual Disability

    Science.gov (United States)

    ... for loving and fulfilling relationships with others. Individual rights to sexuality, which is essential to human health and well-being, have been denied. This loss has negatively affected people with intellectual disabilities in gender identity, friendships, self-esteem, body image ...

  17. Intellectuals For Hire.

    Science.gov (United States)

    Morrill, Cynthia

    1999-01-01

    Suggests that working beyond the academy should be understood not as an abandonment of the academic job market, a response to failure, or a curse: instead, it should be understood as a new avenue for intellectual work, one that neither graduate-school programs nor the Modern Language Association would be wise to ignore. (RS)

  18. Perspectives: Intellectual Risk Management

    Science.gov (United States)

    Hall, James C.

    2013-01-01

    Ask a college administrator about students and risk management, and you're likely to get a quick and agitated speech about alcohol consumption and bad behavior or a meditation on mental health and campus safety. But in colleges and universities, we manage intellectual risk-taking too. Bring that up, and you'll probably get little out of that same…

  19. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

    WTO) Trade Related Aspects of Intellectual Property Rights (TRIPS) flexibilities around the requirements for patentability can be effectively used to curb incremental patenting and limit the proliferation of evergreen patents. This is achieved ...

  20. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

  1. 14 CFR 155.3 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Applicable law. 155.3 Section 155.3... RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS § 155.3 Applicable law. (a... transfer to the requirements of applicable law. Based on the laws cited in this paragraph, the...

  2. Law behind second law of thermodynamics - unification with cosmology

    International Nuclear Information System (INIS)

    Nielsen, Holger B.; Ninomiya, Masao

    2006-01-01

    In an abstract setting of a general classical mechanical system as a model for the universe we set up a general formalism for a law behind the second law of thermodynamics, i.e. really for 'initial conditions'. We propose a unification with the other laws by requiring similar symmetry and locality properties

  3. Interrogated with Intellectual Disabilities: The Risks of False Confession.

    Science.gov (United States)

    Schatz, Samson J

    2018-02-01

    False confessions happen. At least 245 people have been exonerated from convictions in cases featuring confessions that were simply not true. Confessions offer a narrative that allows law enforcement, and society in general, to neatly resolve cases with apparent clarity and closure. And yet the pressures officers place on suspects to provide that closure weigh disproportionately on the vulnerable, including individuals with intellectual disabilities. These individuals are disadvantaged at every step of the custodial interrogation, and they face heightened risks of falsely confessing. Moreover, the principal judicial safeguards against false confessions--assessing a suspect's Miranda waiver and determining whether a confession was voluntarily given within the bounds of the Fourteenth Amendment’s Due Process Clause--provide little protection for the innocent with intellectual disabilities. Few pieces of scholarship focus specifically on the heightened risks faced by individuals with intellectual disabilities throughout the process of police interrogation. This Note describes the various ways these individuals are disadvantaged. And it offers an additional data point illustrating the vulnerability of people with intellectual disabilities. This Note analyzes the 245 individuals (as of June 2, 2017) on the National Registry of Exonerations who have falsely confessed. Over one-quarter of them display indicia of intellectual disability. This percentage dwarfs the prevalence of people with intellectual disabilities in the general population and even exceeds most estimates of the proportion of the prison population suffering from intellectual disabilities. This Note concludes with several policy and doctrinal suggestions to better protect individuals with intellectual disabilities from the risks of false confession.

  4. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

  5. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

  6. 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.

  7. 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.

  8. THE ECONOMICAL IMPLICATIONS OF THE MODIFYING LAW 31/1990 REGARDING THE COMPANIES AND THE NEW CIVIL CODE ON PROPERTY RELATIONS BETWEEN SPOUSES

    Directory of Open Access Journals (Sweden)

    OANA RĂVAŞ

    2012-10-01

    Full Text Available Matrimonial regime is the synthesis of all the rights and obligations of spouses pecuniary valence, having its origins in the institution of marriage, leaving outside their regulatory and other economic issues that may arise property relationships between spouses, as: maintenance obligation, Liberties rights of inheritance. matrimonial regime, considering that it is the synthesis of all the rights and obligations of spouses pecuniary valence, having its origins in the institution of marriage, leaving outside their regulatory and other economic issues that may arise property relationships between spouses, such as: the obligation maintenance, Liberties, rights of Inheritance. Under company law, spouses are not forbidden to own a company, whether it one partnerships, or that they have an association with unlimited in a limited partnership or limited by shares or a company is limited or become shareholders in a joint stock company.

  9. INTELLECTUAL DISHONESTY IN SCIENCE

    Directory of Open Access Journals (Sweden)

    Svetlana Nikolić

    2013-01-01

    Full Text Available The aim of this article is to obtain answers about the most important questions involving dishonesty in science. If we consider scientific work, we have to mention that various forms of errors need to be divided into two groups: reputable and disreputable errors. The third group, called the “grey zone”, includes “cooking” and “trimming”. When we consider the problem of dishonesty in science we should mention the most important question: who and for what reasons commits plagiarism and other forms of intellectual crookedness? Is it for financial benefits or for advancement? It is difficult to say, but it is necessary to use all available remedies to eradicate all forms of intellectual dishonesty, which is hard, especially in biomedical sciences. However, some reputable journals in this field use some special software packages to detect plagiarism.

  10. Intellectual disability and homelessness.

    Science.gov (United States)

    Mercier, C; Picard, S

    2011-04-01

    The association between poverty and intellectual disability (ID) has been well documented. However, little is known about persons with ID who face circumstances of extreme poverty, such as homelessness. This paper describes the situation of persons with ID who were or are homeless in Montreal and are currently receiving services from a team dedicated to homeless persons. (1) To describe the characteristics, history and current situation of these persons; and (2) to report within-group differences as a function of gender and current residential status. The data were collected from files using an anonymous chart summary. Descriptive statistics on the whole sample (n = 68) and inferential statistics on cross-tabulations by gender and residential status were performed. Persons with ID exhibited several related problems. Some of these persons, primarily women, experienced relatively short periods of homelessness and their situations stabilised once they were identified and followed up. Other persons with ID experienced chronic homelessness that appeared to parallel the number and severity of their other problems. When compared with a previous epidemiological study of the homeless in Montreal, the population of homeless persons with ID differed from the overall homeless population in a number of respects. The results suggest prevention and intervention targets. The need for epidemiological research appears particularly clear in light of the fact that below-average intellectual functioning has been identified as a risk factor for homelessness and a predisposing factor for vulnerability among street people. © 2011 The Authors. Journal of Intellectual Disability Research © 2011 Blackwell Publishing Ltd.

  11. [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.

  12. Bridging the Nagoya Compliance Gap: The Fundamental Role of Customary Law in Protection of Indigenous Peoples’ Resource and Knowledge Rights

    Directory of Open Access Journals (Sweden)

    Brendan M. Tobin

    2013-09-01

    Full Text Available The Nagoya Protocol requires states to ensure that access to and use of genetic resources and traditional knowledge of Indigenous peoples and local communities is subject to their prior informed consent (PIC. It also requires states to take into consideration their customary laws. However, it lacks effective compliance mechanisms, a gap exposed in draft European legislation that sidesteps the Nagoya Protocol’s obligations regarding PIC and customary law, leaving traditional knowledge largely unprotected. This article examines the status of customary law under international, regional and national law, and the challenges and opportunities for securing recognition of its role in the protection of traditional knowledge. The article contends that all commercial and development activities with the potential to impact on Nagoya Protocol rights will in the future need to ensure compliance with relevant customary law. It finds state reluctance to adopt measures to ensure consideration of customary law shortsighted and likely to lead to increased litigation. It concludes that customary law has a key role to play in closing the Nagoya compliance gap but to do so it will need to be supported by enforcement mechanisms such as disclosure of origin regimes in intellectual property law.

  13. 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...

  14. 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...

  15. 78 FR 3015 - Privacy Act of 1974; U.S. Customs and Border Protection; DHS/CBP-004-Intellectual Property Rights...

    Science.gov (United States)

    2013-01-15

    ... Search Systems, System of Records AGENCY: Department of Homeland Security, Privacy Office. ACTION: Notice... and Border Protection, Mint Annex, 799 9th Street NW., Washington, DC 20229-1177. For privacy issues... Property Rights Internal Search (IPRiS) system. IPRS provides a web-based search engine for the public to...

  16. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

  17. The historical development of corporate- and property law in Macedonia until Communism as part of the Kingdom of Serbs, Croats and Slovenes

    Directory of Open Access Journals (Sweden)

    Endri Papajorgji

    2015-07-01

    Full Text Available Macedonia is a candidate state for EU Membership. During Communism, Macedonia followed the communist pattern (as a consequence of the system of selfadministration of workers as part of the Yugoslav Federation and the transition process in the beginning of the 90’s was followed by a fundamental change not only in the whole economic system but in the whole society. But before the transition, with the coming of Communism, Macedonia as part of the Yugoslav Federation followed the Soviet pattern from 1945-1951 with: nationalization of major enterprises, state direction of investment and production through a series of Five-Year Plans, emphasis on heavy industry and collectivization of agriculture. After 1951, Macedonia followed its own system with the selfadministration of workers a mix of central planning- and free market economy until 1990. The problem with transition in Macedonia after 1990 was closely connected with the extent and form of implementation of economic reforms and especially privatization, because some enterprises had at least to be transformed, others restructured and others had to be completely liquidated. Another problem with transition was closely connected with two questions: the question of economics and the question of politics. In fact, it can be argued that what has happened in Albania and Macedonia, but also in all post-communist Balkan states and the new countries that have emerged since 1989, is historically unique (Papajorgji 2013. But before the transition, and Communism, lie some very important questions which will be analyzed in this paper: What tradition and family law followed Macedonia before Communism? How did this tradition of law especially in the field of corporate and property law affect the new democratic legal system of Macedonia? These are the main objectives of this article.

  18. Intellectual Video Filming

    DEFF Research Database (Denmark)

    Juel, Henrik

    in favour of worthy causes. However, it is also very rewarding to draw on the creativity, enthusiasm and rapidly improving technical skills of young students, and to guide them to use video equipment themselves for documentary, for philosophical film essays and intellectual debate. In the digital era......Like everyone else university students of the humanities are quite used to watching Hollywood productions and professional TV. It requires some didactic effort to redirect their eyes and ears away from the conventional mainstream style and on to new and challenging ways of using the film media...

  19. Space, time and conservation laws

    International Nuclear Information System (INIS)

    Aronov, R.A.; Ugarov, V.A.

    1978-01-01

    The Neter theorem establishing correspondence between conservation laws and symmetry properties (space and time in particular) is considered. The theorem is based on one of the possible ways of finding equations of motion for a physical system. From a certain expression (action functional) equations of motion for a system can be obtained which do not contain new physical assertions in principal in comparison with the Newtonian laws. Neter suggested a way of deriving conservation laws by transforming space and time coordinates. Neter theorem consequences raise a number of problems: 1). Are conservation laws (energy, momentum) consequences of space and time symmetry properties. 2). Is it possible to obtain conservation laws in theory neglecting equations of motion. 3). What is of the primary importance: equations of motion, conservation laws or properties of space and time symmetry. It is shown that direct Neter theorem does not testify to stipulation of conservation laws by properties of space and time symmetry and symmetry properties of other non-space -time properties of material systems in objective reality. It says nothing of whether there is any subordination between symmetry properties and conservation laws

  20. Pollution law

    International Nuclear Information System (INIS)

    Triffterer, O.

    1980-01-01

    In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de

  1. Authors’ Rights and Audiences: Does Intellectual Property Protection Apply to User-Generated Content? A Comparative Legal Study of Online News.

    Directory of Open Access Journals (Sweden)

    Javier Díaz Noci

    2015-11-01

    Full Text Available Audience participation in the production process is an increasing reality in all elds of cultural production, from fan ction to news commentary, from transmedia extensions to news items themselves. Author participation takes many shapes, and user-generated content is the most authorial of them. Whether by way of well-formulated strategies of personal authorship or collaborative strategies with other users, or through derivative or collaborative work, audiences are casting a wider shadow on collective work – newspapers or websites, for instance. They complete previous work or create new product. Regardless, audiences have now joined journalists, photographers and the media themselves as actors in news creation and circulation, and constitute a very real part of media business. In this paper, we propose a comparative analysis of the changes introduced by this reality on legal activity, which has implied the reform of the copyright laws in all countries of the two main juridical traditions – Common law and Civil law – and also in the concrete practices of the media, as re ected speci cally in their legal terms and conditions, copyright notices and more generally, in the licenses and contracts signed by the users when they enter a website. We aim to determine the characteristics of legal protection as it applies to news content, regardless of its authorship, so as to explain the contemporary tendencies in copyright on news reporting as a social activity. To this end we use comparative legal research techniques, and more precisely, deal with one of the big issues concerning copyright law with respect to news production: the balance between the protection granted individual authors, journalists or users, and the protection granted corporate entities responsible for the content of collective work. L’intervention des audiences dans les processus de production est une réalité de plus en plus présente dans tous les domaines de la production

  2. Intellectual Capital: Comparison and Contrast.

    Science.gov (United States)

    Madsen, Susan R.

    2001-01-01

    Suggests that one of the most important keys for improving individual and organizational performance is in developing and strengthening intellectual capital (IC) and explores the similarities and differences between the concepts of intellectual capital, human capital, and knowledge management. Presents four IC characteristics and addresses the…

  3. Intellectual Freedom Manual. Eighth Edition

    Science.gov (United States)

    ALA Editions, 2010

    2010-01-01

    Updated for the first time since 2005, this indispensable volume includes revised interpretations of the Library Bill of Rights along with key intellectual freedom guidelines and policies, including: (1) A new chapter, "Interactivity and the Internet," and other fresh material on intellectual freedom and privacy in online social…

  4. Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico.

    Science.gov (United States)

    Monkkonen, Paavo

    2016-01-01

    As the fourth contribution in the 'Land' section, this paper forms a research 'diptych' with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an 'inefficient' institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries' social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements.

  5. Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico

    Science.gov (United States)

    Monkkonen, Paavo

    2017-01-01

    As the fourth contribution in the ‘Land’ section, this paper forms a research ‘diptych’ with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an ‘inefficient’ institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries’ social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements. PMID:28615798

  6. Lindy's Law

    Science.gov (United States)

    Eliazar, Iddo

    2017-11-01

    Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

  7. 我國法上專利侵權賠償責任之主觀要件──以智財法院判決實證研究為中心 Subjective Criteria of Patent Infringement Compensation in Taiwan: Focusing on Empirical Investigation of Intellectual Property Court’s Decisions

    Directory of Open Access Journals (Sweden)

    洪紹庭 Shao-Ting Hong

    2015-06-01

    Intellectual Property Court since its establishment in 2008, in search of practical standards that the court exploits to assess intent and negligence in patent cases. The findings of this survey indicate that when determining negligence, the scope and content of the duty of care that the defendant should bear plays a critical role. The court categorizes defendants with various backgrounds into groups and differs their duty of care accordingly. In this way, the court actually utilizes multiple standards in assessing negligence. The judicial practice objectivizes the concept of negligence, stratifies it for different groups of defendants, and therefore worthy of notice.

  8. Intellectual potential of population: theoretical and methodological framework for research

    Directory of Open Access Journals (Sweden)

    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

  9. Autonomy and Morality in DRM and Anti-Circumvention Law

    Directory of Open Access Journals (Sweden)

    Dan L. Burk

    2008-07-01

    Full Text Available Digital rights management technology, or DRM, provides self-enforcing technical exclusion from pre-determined uses of informational works. Such technical exclusion may supplement or even supplant intellectual property laws. The deployment of DRM has been subsidized by laws prohibiting both disabling of technical controls and assisting others to disable technical controls. To date the public debate over deployment of DRM, has been almost entirely dominated by utilitarian arguments regarding the social costs and benefits of this technology. In this paper, we examine the moral propriety of laws endorsing and encouraging the deployment of DRM. We argue that a deontological analysis, focusing on the autonomy of information users, deserves consideration. Because DRM shifts the determination of information use from users to producers, users are denied the choice whether to engage in use or misuse of the technically protected work. State sponsorship of DRM in effect treats information users as moral incompetents, incapable of deciding the proper use of information products. This analysis militates in favor of legal penalties that recognize and encourage the exercise of autonomous choice, even by punishment of blameworthy choices, rather than the encouragement of technology that limits the autonomous choices of information users.

  10. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  11. Retrofitting of photovoltaic power plants, government liability law and fundamental right of property; Solarenergieanlagen-Nachruestung, Staatshaftungsrecht und Eigentumsgrundrecht

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix [Forschungsstelle Nachhaltigkeit und Klimapolitik (Germany); Rostock Univ. (Germany). Oeffentliches Recht und Rechtsphilosophie

    2012-02-15

    The German legislator plans the re-regulation of the plant safety for existing photovoltaic systems in order to avoid a massive shutdown of these plants, followed by network instability. The current re-regulation particularly is problematic for operators of small photovoltaic systems and is a summary of the property and no expropriation. The German legislature is obliged, not to charge the costs of the planned reorganization of the plant safety to the operators of photovoltaic systems. The Federal State has to be responsible for the former error of the VDE standards organizations. The VDE standards organizations did not recognize the problem of network instability to be regulated.

  12. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)

  13. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  14. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  15. Informação, conhecimento e Direitos de Propriedade Intelectual: os limites dos mecanismos de mercado e das modalidades de negociação privada. A contribuição de Williamson à análise dos Direitos de Propriedade Intelectual Information, knowledge and Intellectual Property Rights: the limits of market mechanisms and private negociation. The contribution of Williamson to the analyse of Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Alain Herscovici

    2012-12-01

    Full Text Available Este artigo se propõe a demonstrar que as análises que preconizam a extensão da negociação privada no que diz respeito ao Conhecimento, à Informação e aos Direitos de Propriedade Intelectual não constituem instrumentos adequados pelo fato de dependerem de hipóteses que não correspondem às particularidades desses ativos: racionalidade substantiva, contratos completos e ausência de incerteza. Após apresentar os fatos estilizados e os principais elementos teóricos desse debate, ressaltarei os limites explicativos dessa abordagem e proporei uma análise alternativa baseada nos conceitos de especificidade dos ativos, no sentido definido por Williamson. A esse respeito, mostrarei em que consistem as complementaridades entre o mercado e as instituições.This article aims to demonstrate that the analysis that advocates an extension of private logic in regard to Information, Knowledge and Intellectual Property Rights does not constitute an appropriated framework as it depends on hypotheses that do not correspond to the specificities of such assets: substantive rationality, complete contracts and absence of uncertainty. After presenting the stylized facts that match this economy and the main elements of the theoretical debate, it is underlined the explanatory limits of this approach and proposed an alternative analysis based on the concepts of asset specificities in the sense defined by Williamson. In this respect, I will stress the necessary complementarities between market and institution.

  16. Nuclear Law

    International Nuclear Information System (INIS)

    Pascal, Maurice.

    1979-01-01

    This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

  17. 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...

  18. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  19. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    disruptive responses to the social and environmental .... Aboriginal peoples, environmental impact assessments (EIAs) and impact benefit agreements ... as a model for local law “becomes an abuse only if it is informed by a legalistic spirit .... health and safety, the protection of property, business activities within the territory,.

  20. Consumerism in Business Law--A Natural

    Science.gov (United States)

    Clow, John E.; Furjanic, Sheila

    1974-01-01

    Consumer protection should be a major objective in high school business law classes. Suggested units are the nature of law, sources of legal assistance, sales contracts, use of commercial paper, and rental or ownership of real property. (MS)

  1. 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.

  2. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

  3. 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.

  4. Communication Patterns and Intellectual Teamwork.

    Science.gov (United States)

    Galegher, Jolene

    1992-01-01

    Finds that both experienced scientists and college students found it difficult to carry out intellectual teamwork involving collaboratively authored documents without the interactivity and expressiveness permitted by face-to-face communication. (SR)

  5. The impact of ICT in classic setting law. Special reference to the principle of territoriality

    Directory of Open Access Journals (Sweden)

    Víctor Almonacid Lamelas

    2016-05-01

    Full Text Available The multiplicity of legislative powers established by the end of the last century (with international and european law reached its highest level of complexity with the massification of the internet and the emergence of a new and necessary self-regulatory framework, probably something similar to a new «legislator» or «legislative power» consisting of the giants of the network. Does this mean that the existence of this new branch of law is, above all, the disappearance of physical space, colliding directly with the traditional principle of territoriality that characterized law as we have known it. Regarding the infinity of questions and issues, some legal and others which are very interesting indeed, have caused the arise of considerable concern. The main point is, first of all, to be aware of this new situation of «extraterritoriality», and thereafter meet the new legal or law effects of these new relationships. The debate on the need for international cyberlaw, or the immediate response to the new situations or amere confidence in this «self-regulated» system to some extent. It is an issue that can simply be raised and left open, although there is clearly a more judicious answer which can only a result of a clever combination of all solutions. In fact this area is not going to be covered in just one project, so we have focused on the relationships of private law –extracontractual and contractual–, and the impact of the problems related to intellectual property and criminal law. We try to prove that «ICT Law» is not a new area of law, but rather a new scenario where relations and legal effects are produced.

  6. Fruit flies and intellectual disability

    OpenAIRE

    Bolduc, François V.; Tully, Tim

    2009-01-01

    Mental retardation—known more commonly nowadays as intellectual disability—is a severe neurological condition affecting up to 3% of the general population. As a result of the analysis of familial cases and recent advances in clinical genetic testing, great strides have been made in our understanding of the genetic etiologies of mental retardation. Nonetheless, no treatment is currently clinically available to patients suffering from intellectual disability. Several animal models have been use...

  7. Indigenous Australians, Intellectual Disability and Incarceration: A Confluence of Rights Violations

    Directory of Open Access Journals (Sweden)

    Claire E. Brolan

    2018-02-01

    Full Text Available Abstract: This article reviews the health and wellbeing of Aboriginal and Torres Strait Islander Australians with intellectual disability in the Australian prison system through a human rights lens. There is an information gap on this group of Australian prisoners in the health and disability literature and the multi-disciplinary criminal law and human rights law literature. This article will consider the context of Indigenous imprisonment in Australia and examine the status of prisoner health in that country, as well as the status of the health and wellbeing of prisoners with intellectual disability. It will then specifically explore the health, wellbeing and impact of imprisonment on Indigenous Australians with intellectual disability, and highlight how intersectional rights deficits (including health and human rights deficits causally impact the ability of Indigenous Australians with intellectual disability to access due process, equal recognition and justice in the criminal justice and prison system. A central barrier to improving intersectional and discriminatory landscapes relating to health, human rights and justice for Indigenous Australian inmates with intellectual disability, and prisoners with intellectual disability more broadly in the Australian context, is the lack of sufficient governance and accountability mechanisms (including Indigenous-led mechanisms to enforce the operationalisation of consistent, transparent, culturally responsive, rights-based remedies.

  8. 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.

  9. 14 CFR 1274.208 - Intellectual property.

    Science.gov (United States)

    2010-01-01

    ... recipient in the performance of the agreement will be made public. (3) Data can be generated from different...” includes any invention, discovery, improvement, or innovation. Title to an invention made under a...) Non-profit organization or small business. In the event the recipient enters into a subcontract (or...

  10. Valuation of intellectual property and intangible assets

    OpenAIRE

    2010-01-01

    M.Comm. Intangible assets are increasingly becoming the critical determinant of value creation and future profitability of most businesses. There is a clear distinction between the accounting treatment of physical assets and are reported on the firm’s balance sheets, but intangible assets are by large written off in the income statement, along with regular expenses such as wages, rents and interest. This distorted treatment of intangibles in an accounting sense, has dire consequences for m...

  11. Socially responsible intellectual property: a solution?

    Directory of Open Access Journals (Sweden)

    Abbe E. L. Brown

    2005-12-01

    Full Text Available This article reviews the extent to which the present global IP system contains an inherent imbalance between the rights of IP owning corporations and IP users, and the public benefit. It also studies the potential relevance of human rights in redressing any imbalance within existing institutional and legal fora. The article focuses on the relevance of corporate social responsibility (“CSR” related concepts, particularly in conjunction with legal human rights based arguments, to redress any imbalance by tempering the global conduct of IP owning corporations; how this new approach could be enforced, if at all, and the resulting lessons for IP and its future.

  12. Open innovation and managing intellectual property

    OpenAIRE

    Giagnacovo, Marco

    2013-01-01

    De intellectuele eigendom (IE) vormen tegenwoordig het grootste deel van de waarde van ondernemingen. Voorheen werd de IE door ondernemingen gebruikt om andere bedrijven te verhinderen op de markt. Het was een defensieve IE strategie die in lijn lag met een gesloten innovatiebenadering. Recent is er op gewezen dat één bedrijf nooit alle kennis kan bezitten die nodig is om het proces van idee tot commercialisering autonoom uit te voeren. Samenwerking met andere bedrijven of instituten voor...

  13. Implementing the World Intellectual Property Organization's ...

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

    2009-04-23

    Apr 23, 2009 ... —Peter Drahos, Australian National University With contributions from leading ... (WIPO) Development Agenda presents a real opportunity to revolutionize the ... IDRC invites applications for the IDRC Research Awards 2019 ... Call for new OWSD Fellowships for Early Career Women Scientists now open.

  14. Implementing the World Intellectual Property Organization's ...

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

    23 avr. 2009 ... L'Initiative des conseils subventionnaires de la recherche scientifique en Afrique subsaharienne remporte le prix de la diplomatie scientifique. L'Initiative des conseils subventionnaires de la recherche scientifique en Afrique subsaharienne a reçu un prix de la diplomatie scientifique de la part du ...

  15. The fashion industry and the intellectual property

    OpenAIRE

    Salas Pasuy, Brenda

    2013-01-01

    Referring to fashion immediately we think in something which is ephemera and changing. Nevertheless, behind the production of an appeal garment there are many factors involved which interact to produce a final product attractive to the consumer. Fashion is not just the sale as itself, covers the image and the prestige from who creates the garment. Thus, the process of creation and production itself take us to value their importance in the context of international trade. In fact, they are good...

  16. Beyond Intellectual Property: Toward Traditional Resource Rights ...

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

    That voice belongs to the world's indigenous peoples, and it is voice that has ... how indigenous peoples and local communities worldwide should approach ... National Council for Science and Technology at the Goeldi Museum, Belém, Brazil.

  17. Patent pools: Intellectual property rights and competition.

    NARCIS (Netherlands)

    Rodriguez, V.F.

    2010-01-01

    Patent pools do not correct all problems associated with patent thickets. In this respect, patent pools might not stop the outsider problem from striking pools. Moreover, patent pools can be expensive to negotiate, can exclude patent holders with smaller numbers of patents or enable a group of major

  18. Beyond Intellectual Property: Toward Traditional Resource Rights ...

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

    If a stranger entered your community, and started asking questions about its people, its resources, and its history, what would you do? In today's global marketplace, no stone goes unturned. Where there is commercial value, there are profits to be made. However, as entrepreneurs scour the world in search of new ...

  19. National strategy of nuclear power intellectual property

    International Nuclear Information System (INIS)

    Bo Huaitao

    2008-01-01

    The IP strategy includes four strategic levels: international level, national level, industry level and enterprise level. The national nuclear power IP strategy is an industry level strategy, which is also one part of national IP strategy, permeating with the IP strategy of the international level and enterprise level mutually. Commencing from the angles of the national level and the industry level, the author tries to provide a reference for IP strategy by an initial study about IP strategy in nuclear power industry.. The author holds that independent innovation is at the root of strategic establishment; enterprise is the main body for strategic implementation; and evaluating index must be consummated in the strategic evaluation. (authors)

  20. Intellectual Property Rights in Computer Science

    DEFF Research Database (Denmark)

    Bujlow, Tomasz

    of money spent on equipment, technology, and salaries. Therefore, it is very important to secure the outcome by restricting other people from copying and selling the invention. There are several ways of protecting our work: patents, design rights, copyrights, and trademarks. In software engineering...... the last two -- copyrights and trademarks -- are broadly used. Copyrighting computer programs is not only made for obtaining proper license fees in the future. Free software uses copyright to secure its freedom and to prohibit other users from making it proprietary and selling it for money. Making...