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.

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…

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

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

Science.gov (United States)

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

2011-06-01

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

Intellectual Property 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)

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...

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.

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.

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

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

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

African Journals Online (AJOL)

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

Academic Intellectual Property in a New Technological and Industrial Context.

Science.gov (United States)

Spearritt, Peter; Thomas, Julian

1996-01-01

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

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...

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.

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.

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...

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…

| 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 ...

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 ...

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.

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.

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.

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.

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.

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....

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

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.

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...

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.

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.

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

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

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...

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...

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.

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).

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...

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.

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

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.

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.

[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.

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.

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.

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.

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…

Intellectual property protection for brand Jamaica’s creative industries

Directory of Open Access Journals (Sweden)

Keisha LaRaine Ingram

2014-10-01

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

Intellectual Property Rights Management

DEFF Research Database (Denmark)

Alkærsig, Lars; Beukel, Karin; Reichstein, Toke

-identify with and which will allow companies to focus on the IP and IP Management issues most relevant to them. By doing so, the authors offer further insights as to the use of IP and IP management practices across firms. By looking at empirical data covering the population of firms, the findings not only pertain......Intellectual Property Rights Management explores how the entire toolbox of intellectual property (IP) protection and management are successfully combined and how firms generate value from IP. In particular, this book provides a framework of archetypes which firms will be able to self...... to large organization but also reflect the practices and operations that reside in SMEs. This volume also utilizes labor market and firm data to determine whether there is a definitive relationship between IP and economic performance on the firm level....

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…

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.

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.

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.

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

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

Science.gov (United States)

REICHMAN, JEROME H.

2009-01-01

This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as “market exclusivity” and in Europe as “data exclusivity,” these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers’ undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers’ clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers’ consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the

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

Science.gov (United States)

Reichman, Jerome H

2009-01-01

This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as "market exclusivity" and in Europe as "data exclusivity," these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers' undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers' clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers' consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the expense of public

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...

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...

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.

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.

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

Science.gov (United States)

2010-04-06

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

Intellectual property-A strong determinant of Economic Growth

Directory of Open Access Journals (Sweden)

Love k Singh

2009-12-01

Full Text Available

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)

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...

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...

Maori intellectual property rights and the formation of ethnic boundaries

NARCIS (Netherlands)

Meijl, A.H.M. van

2009-01-01

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

10 CFR 603.550 - Acceptability of intellectual property.

Science.gov (United States)

2010-01-01

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

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

Science.gov (United States)

Payumo, Jane; Grimes, Howard

2011-01-01

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

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

Directory of Open Access Journals (Sweden)

Мakhnusha Svetlana Mikhailovna

2017-03-01

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

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

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

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

Intellectual property 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...

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.

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.

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.

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.

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…

Intellectual property disclosure in standards development

NARCIS (Netherlands)

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

2012-01-01

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

Patenting Nanomedicines Legal Aspects, Intellectual Property and Grant Opportunities

CERN Document Server

Souto, Eliana B

2012-01-01

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

Intellectual property in consumer electronics, software and technology startups

CERN Document Server

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

2014-01-01

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

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.

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.

The traditional knowledge and the intellectual property

International Nuclear Information System (INIS)

Calle Vasquez, Rosangela

1999-01-01

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

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

Science.gov (United States)

2011-03-11

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

FINANCING INTELLECTUAL PROPERTY ASSESTS: AN EMPIRICAL ANALYSIS

OpenAIRE

USHA SWAMINATHAN

2016-01-01

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

Using Intellectual Property Rights Strategically

DEFF Research Database (Denmark)

Reitzig, Markus

2003-01-01

With the share of intellectual property among corporate value constantly rising,management's understanding of the strategic use of patents, trademarks, andcopyrights becomes ever more crucial. The vast majority of articles on patent ortrademark strategies, however, is written by and for lawyers d...... observations in the deployment of patents andtrademarks and inspires them to think more creatively about IPRs than they didbefore....

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...

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.

[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.

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.

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.

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.

'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 ...

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...

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.

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.

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.

International Geneva: intellectual property under the spotlight

CERN Multimedia

Antonella Del Rosso

2015-01-01

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

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

Directory of Open Access Journals (Sweden)

Xing Liu

2016-09-01

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

  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...

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

African Journals Online (AJOL)

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

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

OpenAIRE

Marjit, Sugata; Xu, Xinpeng; Yang, Lei

2009-01-01

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

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.

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.

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

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...

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.

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.

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...

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; ...

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

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

Directory of Open Access Journals (Sweden)

Johan Söderberg

2012-01-01

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

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

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

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

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)

The evolution of intellectual property strategy in innovation ecosystems

DEFF Research Database (Denmark)

Holgersson, Marcus; Granstrand, Ove; Bogers, Marcel

2017-01-01

In this article, we attempt to extend and nuance the debate on intellectual property (IP) strategy, appropriation, and open innovation in dynamic and systemic innovation contexts. We present the case of four generations of mobile telecommunications systems (covering the period 1980-2015), and des......In this article, we attempt to extend and nuance the debate on intellectual property (IP) strategy, appropriation, and open innovation in dynamic and systemic innovation contexts. We present the case of four generations of mobile telecommunications systems (covering the period 1980......-2015), and describe and analyze the co-evolution of strategic IP management and innovation ecosystems. Throughout this development, technologies and technological relationships were governed with different and shifting degrees of formality. Simultaneously, firms differentiated technology accessibility across actors...

Intellectual Property on Advertising Works (1)

OpenAIRE

梁瀬, 和男; Kazuo, YANASE

1999-01-01

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

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.

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

Energy Technology Data Exchange (ETDEWEB)

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

2012-12-15

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

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

International Nuclear Information System (INIS)

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

2012-12-01

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

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)

Asset evaluation methods for intellectual property

OpenAIRE

2012-01-01

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

Intellectual property rights, international trade and plant breeding

NARCIS (Netherlands)

Eaton, D.J.F.

2013-01-01

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

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)

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.

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…

Linking intellectual capital and intellectual property to company performance

Directory of Open Access Journals (Sweden)

Mohammad Reza

2016-12-01

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

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

DEFF Research Database (Denmark)

Davis, Lee N.

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

Intellectual Property Rights: Governing Cultural and Educational Futures

Science.gov (United States)

Kapitzke, Cushla

2006-01-01

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

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

Directory of Open Access Journals (Sweden)

Guzel I. Gumerova

2014-01-01

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

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.

Flexible intellectual property rights lead to greater innovation in Africa

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

2016-04-27

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

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

Science.gov (United States)

Beauregard, D; Beauregard, G

2000-01-01

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

Intellectual property issues in holography and high tech

Science.gov (United States)

Reingand, Nadya

2004-06-01

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

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.

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

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

Directory of Open Access Journals (Sweden)

Tõnu Roolaht

2013-01-01

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

The evolution of intellectual property strategy in innovation ecosystems

DEFF Research Database (Denmark)

Holgersson, Marcus; Granstrand, Ove; Bogers, Marcel

2018-01-01

In this article, we attempt to extend and nuance the debate on intellectual property (IP) strategy, appropriation, and open innovation in dynamic and systemic innovation contexts. We present the case of four generations of mobile telecommunications systems (covering the period 1980-2015), and des......In this article, we attempt to extend and nuance the debate on intellectual property (IP) strategy, appropriation, and open innovation in dynamic and systemic innovation contexts. We present the case of four generations of mobile telecommunications systems (covering the period 1980...... and technologies to benefit from openness and appropriation of innovation. Our analysis shows that the discussion of competitiveness and appropriability needs to be expanded from the focal appropriability regime and complementary assets to the larger context of the innovation ecosystem and its cooperative...... and competitive actor relations, with dispersed complementary and substitute assets and technologies. Consequently, the shaping of complementary and substitute appropriability regimes is central when strategizing in dynamic and systemic innovation contexts. This holds important implications for the management...

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).

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.

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

Directory of Open Access Journals (Sweden)

Ross Sue

2012-12-01

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

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

Science.gov (United States)

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

2012-12-27

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

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 ...

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...

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…

Towards an Intellectual Property Rights Strategy for Innovation in Europe

NARCIS (Netherlands)

Radauer, Alfred; Rodriguez, V.F.

2009-01-01

On October 13, 2009 the Science and Technology Options Assessment Panel (STOA) together with Knowledge4Innovation/The Lisbon Forum, supported by Technopolis Consulting Group and TNO, organised a half-day workshop entitled ‘Towards an Intellectual Property Rights Strategy for Innovation in Europe’.

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

Science.gov (United States)

Ricketson, Sam

1993-01-01

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

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

Institute of Scientific and Technical Information of China (English)

巢乃鹏

2000-01-01

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

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.

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…

6 CFR 25.10 - Confidentiality and protection of Intellectual Property.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Confidentiality and protection of Intellectual Property. 25.10 Section 25.10 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.10 Confidentiality and...

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

Science.gov (United States)

Dhar, Biswajit; Rao, C. Niranjan

1996-01-01

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

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

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://...

Involuntary transfer of Intellectual property

Directory of Open Access Journals (Sweden)

Saeed habiba

2011-07-01

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

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

NARCIS (Netherlands)

Paunov, C.

2014-01-01

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

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

International Nuclear Information System (INIS)

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

2012-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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

2012-01-15

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

An Overview of Intellectual Property and Intangible Asset Valuation Models

Science.gov (United States)

Matsuura, Jeffrey H.

2004-01-01

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

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

OpenAIRE

Tantarimäki, Maria

2018-01-01

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

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

Directory of Open Access Journals (Sweden)

Paul-George BUTA

2014-05-01

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

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

Directory of Open Access Journals (Sweden)

Antonio Marcio Buainain

2009-03-01

Full Text Available Intellectual property has come to assume an ever more important role in modern societies, whose development is associated with technological progress and the creative and entrepreneurial capacity of individuals and businesses. The present and future vector of development is innovation in all its dimensions – including the reinvention of the life styles of wealthy societies whose expansion is clearly unsustainable. In this sense, the present work’s purpose is to demonstrate that Brazil has created an institutional brand suitable for the intellectual property protection, however, that brand is only one condition, in some necessary sectors, but not enough, to promote innovation. It needs, more than appropriate rules, to develop the capacity to innovate and create an innovation friendly environment. Intellectual property is only one, without doubt important, element of this complex system. It has taken agriculture to illustrate how intellectual property needs to be followed up by investments in human resources, local training,business demand, private-public interaction, in order to yield fruit and promote the country’s development.

Comparing regulatory treatment of intellectual property at WTO and EU level

DEFF Research Database (Denmark)

Elsmore, Matthew James

2012-01-01

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

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

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

ELECTRONIC PUBLISHING AND THE EVOLVING INTERNATIONAL INTELLECTUAL PROPERTY REGIME

OpenAIRE

D. Langenberg

2000-01-01

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

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

OpenAIRE

Pättiniemi, Emmi

2015-01-01

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

R&D Collaboration with Uncertain Intellectual Property Rights

DEFF Research Database (Denmark)

Czarnitzki, Dirk; Hussinger, Katrin; Schneider, Cédric

2015-01-01

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

R&D Collaboration with Uncertain Intellectual Property Rights

DEFF Research Database (Denmark)

Czarnitzki, Dirk; Hussinger, Katrin; Schneider, Cédric

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

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

Science.gov (United States)

2010-09-30

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

A Short Introduction to Intellectual Property Rights.

Science.gov (United States)

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

2017-06-01

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

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

Directory of Open Access Journals (Sweden)

Cristian Timmermann

2014-12-01

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

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,…

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...

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

Directory of Open Access Journals (Sweden)

husen hendriyana

2017-10-01

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

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

OpenAIRE

Schaefer, Andreas

2017-01-01

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

Counterfeiting as corporate externality: intellectual property crime and global insecurity

OpenAIRE

2010-01-01

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

Access and control of information and intellectual property

Science.gov (United States)

Lang, Gerald S.

1996-03-01

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

Selection of intellectual capital management strategies

OpenAIRE

Shcherbachenko Viktoriia Oleksiivna

2016-01-01

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

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).

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...

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.

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.

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.

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

Science.gov (United States)

Crager, Sara Eve

2015-01-01

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

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

Science.gov (United States)

Crager, Sara Eve

2014-11-01

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

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

Proper laboratory notebook practices: protecting your intellectual property.

Science.gov (United States)

Nickla, Jason T; Boehm, Matthew B

2011-03-01

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

Corporate governance as an intellectual property management

Directory of Open Access Journals (Sweden)

Rstić Milan J.

2016-01-01

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

Exploring a Sense of Intellectual Property Valuation for Indian SMEs

OpenAIRE

Sumanjeet Singh; Minakshi Paliwal

2014-01-01

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

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.

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...

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...

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…

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...

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...

Immanuel Kant on intellectual property Immanuel Kant sobre propriedade intelectual

Directory of Open Access Journals (Sweden)

Riccardo Pozzo

2006-01-01

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

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

OpenAIRE

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

2007-01-01

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

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.

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,

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

[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.

Some Tax Implications of Traditional Knowledge Under Conventional Intellectual Property

Directory of Open Access Journals (Sweden)

T Gutuza

2010-12-01

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

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

DEFF Research Database (Denmark)

Alcácer, Juan; Beukel, Karin; Cassiman, Bruno

2017-01-01

Globalization should provide firms with an opportunity to leverage their know-how and reputation across countries to create value. However, it remains challenging for them to actually capture that value using traditional Intellectual Property (IP) tools. In this paper, we document the strong growth...... in patents, trademarks, and industrial designs used by firms to protect their IP globally. We then show that IP protection remains fragmented; the quality of IP applications might be questionable; and developing a comprehensive IP footprint worldwide is very costly. Growing numbers of applications...

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.

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

DEFF Research Database (Denmark)

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

2014-01-01

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

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

Directory of Open Access Journals (Sweden)

Yole Tanghe

2016-04-01

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

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

Directory of Open Access Journals (Sweden)

Sergio M Paulino de Carvalho

2009-03-01

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

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

Science.gov (United States)

Townsend, Belinda; Gleeson, Deborah; Lopert, Ruth

2016-11-01

The inclusion of elevated standards of intellectual property (IP) protection in the recently negotiated Trans-Pacific Partnership (TPP) agreement has raised serious public health concerns regarding access to medicines. A lesser-known trade agreement under negotiation in the Asia-Pacific region is the Regional Comprehensive Economic Partnership (RCEP). Framed as an attempt to reassert ASEAN's position in response to the United States-led TPP, RCEP includes key players China and India as well as several low- and middle-income countries (LMICs). Leaked drafts of IP provisions proposed by Japan and South Korea raise similar concerns in the Asia-Pacific region. This article identifies TRIPS (Trade Related Aspects of Intellectual Property Rights agreement)-Plus provisions in leaked negotiating texts and examines their implications for LMICs that are not also parties to the TPP: Cambodia, Indonesia, Laos, Myanmar, the Philippines, Thailand, China, and India. We find that higher levels of IP protection delay the market entry of generic medicines, giving rise to increased costs to governments and reduced access to essential medicines. The article concludes that the public health community should recognize risks inherent in trade agreements that promote expansions of IP rights and engage with governments to ensure that public health is adequately and explicitly protected in trade and investment negotiations. © 2016 APJPH.

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

NARCIS (Netherlands)

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

2007-01-01

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

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.

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)

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

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…

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

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

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.

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.

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...

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.

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...

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...

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…

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....

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.

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

Science.gov (United States)

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

2016-12-01

Increasing workloads threaten the quality of teaching in academic radiology practices. There is a wealth of unfiltered educational resources for radiology on the internet. As a digital native, today's radiology trainee may have differing opinions from teachers about learning and intellectual property. To identify the preferences and philosophies regarding learning, technology and intellectual property toward the future development of an innovative radiology curriculum. An electronic survey with 22 questions was sent to 2,010 members of the Society for Pediatric Radiology and 100 radiology trainees. Three hundred sixty-one of the 2,110 surveys were returned. All questions were completed in 342 surveys. Fifty-three respondents were trainees (residents and fellows) and 289 respondents were radiologists (teachers). Time needed for a single learning activity in both groups is learning environments were point-of-care and outside work hours for both groups. Ideal lecture durations were 31-45 min for trainees and 21-30 min for teachers (P=0.001). Adoption of new technology showed late majority and laggard trends for both groups (P=0.296). Interest in gadgets was greater in trainees (17%) than teachers (2%) (Peducational materials (P=0.028); 27% versus 13%, respectively, disagreed with dissemination of those materials beyond the institution (P=0.013). While millennial trainees are adult learners with a stronger comfort with technology, learning styles of trainees and teachers are more similar than was previously believed. Trainees and teachers hold conflicting philosophies about intellectual property. Results herein speak favorably for revising our teaching portfolio to include practical learning materials of short duration available at point-of-care.

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

Science.gov (United States)

Mehrpouyan, Azadeh; Razavi, Ghassem Khadem

2014-01-01

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

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.

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

DEFF Research Database (Denmark)

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

2012-01-01

commercial importers of counterfeit and pirated goods, a consumer who imports such goods for his or her private use does not infringe any intellectual property rights (IPR). This article discusses how and to what extent right holders may nonetheless use the Customs Regulation to enforce their IPR against...... private imports. After having dismissed the so-called “manufacturing fiction” following the decision of the ECJ in Philips/Nokia the article elaborates on an alternative method which is called the “infringing sale of goods-“approach and which may find support in the ECJ decision in L'Oréal and possibly...

The 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...

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

Directory of Open Access Journals (Sweden)

Tomakh Viktoriia V.

2018-01-01

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

Standards, Data Exchange and Intellectual Property Rights in Systems Biology

DEFF Research Database (Denmark)

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

2016-01-01

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

Scientometrics Profile of Global Intellectual Property Rights Research

Directory of Open Access Journals (Sweden)

Gnanasekaran, D.

2016-06-01

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

Plants genetic manipulation: an approach from intellectual property.

Science.gov (United States)

Ruiz, Anisley Negrin; Rivero, Lazaro Pino

2013-01-01

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

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...

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.

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.

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.

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.

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.

Business, market and intellectual property analysis of polymer solar cells

DEFF Research Database (Denmark)

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

2010-01-01

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

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

Science.gov (United States)

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

2009-01-01

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

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.

Intellectual Capital.

Science.gov (United States)

Snyder, Herbert W.; Pierce, Jennifer Burek

2002-01-01

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

The 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.

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 ...

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.

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.

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

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

Institute of Scientific and Technical Information of China (English)

Sun Yongjian

2007-01-01

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

Trade Friction of Sino-US Intellectual Property and Coping Strategies%中美贸易中知识产权摩擦及应对策略

Institute of Scientific and Technical Information of China (English)

贾显维

2012-01-01

In recent years, trade friction of Sino-US intellectual property is becoming the focus of Sino-US trade friction, which has become the biggest obstacle for China's enterprises exporting to the U.S. In this paper, the causes and characteristics of trade friction of Sino-US intellectual property were analyzed, and the coping strategies of trade friction of Sino-US intellectual property were put forward from two levels of government and business, combing with China's actual conditions.%近些来,中美知识产权贸易摩擦日渐成为中美贸易摩擦的焦点,已成为中国企业对美出口的最大障碍.本文对中美知识产权贸易摩擦的特点、原因进行了分析,结合我国的实际情况,从政府及企业两个层面提出了应对中美知识产权贸易摩擦的策略.

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

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.

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.

Copyright and Innovation in the Developing World | CRDI - Centre ...

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

How can individuals and companies reuse and repurpose digital content? ... The media industry has called for stricter intellectual property protections to ... As a result, many countries have enacted stricter intellectual property ... Google, which owns YouTube, might not exist if intellectual property laws were stricter in the US.

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.

Using information technology to help business students learn about contract law

Directory of Open Access Journals (Sweden)

John S. Edwards

1995-12-01

Full Text Available Almost all business students study law. However, business students have a different perspective on law from that of law students. A common problem, therefore, in legal courses for business students is how to provide a sufficiently wide-ranging, practically relevant programme without the sacrifice of intellectual depth. At Aston Business School, one approach adopted has been to supplement lectures with role-play exercises, rather than conventional tutorials.

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.

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)

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.

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...

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

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

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.

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.

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.

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

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

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.

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.

Patent Law and the invisibility of traditional knowledge: the case of Bauhinia sp.

Directory of Open Access Journals (Sweden)

Marcos Vinício Chein Feres

2016-08-01

Full Text Available This paper aims to discuss patent law and the issue of traditional knowledge associated with biodiversity through an empirical qualitative study. In this context, we resort to the critical approach developed by Zenon Bankowski on Law and love as well as Charles Taylor’s analysis of modern identity. The study was composed of an analysis of international treaties and domestic laws as well as data collected at the WIPO (World Intellectual Property Organization website regarding the plant Bauhinia sp. and its therapeutic use. In addition, by analyzing the data collected in the course of the empirical study, we drew descriptive and casual inferences about the research question and the hypothesis, emphasizing the indispensability of the protection of traditional knowledge associated with traditional people. Finally, supported by the data collected in the study, it is possible to state that international agreements should be reviewed and, specifically, the interpretation of what traditional knowledge is should be modified, in order to avoid biopiracy and the invisibility of traditional peoples. 

Gender and Boyle's law of gases

CERN Document Server

Potter, Elizabeth

2001-01-01

Gender and Boyle''s Law of GasesElizabeth PotterRe-examines the assumptions and experimental evidence behind Boyle''s Law.Boyle''s Law, which describes the relation between the pressure and volume of a gas, was worked out by Robert Boyle in the mid-1600s. His experiments are still considered examples of good scientific work and continue to be studied along with their historical and intellectual contexts by philosophers, historians, and sociologists. Now there is controversy over whether Boyle''s work was based only on experimental evidence or whether it was influenced by the politics and religious controversies of the time, including especially class and gender politics.Elizabeth Potter argues that even good science is sometimes influenced by such issues, and she shows that the work leading to the Gas Law, while certainly based on physical evidenc...

Changing Systems to Provide Inclusive Higher Education for Students with Intellectual Disabilities

Science.gov (United States)

Raynor, Olivia; Hayward, Katharine; Francis, Wilbert; Campisi, Catherine

2016-01-01

For several decades, institutions of higher education (IHE) have been addressing the need for postsecondary education (PSE) for students with intellectual disabilities (ID). These efforts have increased significantly since 2008 with passage of the Higher Education Opportunity Act (HEOA). The law includes a defined set of services and activities…

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...

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.

self-criticism to Arab and Muslim intellectuals

Directory of Open Access Journals (Sweden)

Fachrizal Halim

2007-06-01

Full Text Available Contemporary Arab Thought: Studies in Post-1967 Arab Intellectual Historyis written as a self-criticism addressed to Arab and Muslim intellectuals, especially those who reside in the West. The Arab intellectuals or Muslims alike, who have received Western education and have decided to live in Western countries in the first half of twentieth century, have actually benefited from their modern secular education. The liberalization of U.S. immigration laws in 1965 for non-European immigrants has even enlarged the number of Arabs and Muslims who have trained in the best institutions in the U.S. By the dawn of the twentieth century, the number of Arab intellectuals who reside in the West is estimated to double, as the result of the emergence of a second generation. However, the large number of educated Arab people does not always fulfill the promise of transformation of the social conditions of the Arab World. Far from being ‘organic intellectuals’, to use Gramsci’s favorite term, who would transform Arab societies from imperialism and Western hegemony, and the impact of dependency on the so called ‘globalization,’ most Arab thinkers in the West as well as the elite in the Arab world have been party to Western capitalist interests which aim to control the Arab World. By no means denigrating the works of Isma‘il Raji al-Faruqi, Edward Said, Ghada Hashem Talhami, Halim Barakat, or the feminist Leila Ahmad, to mention some brilliant Arab intellectuals, most Arab thinkers in the West seem to have forgotten the social conditions of the Arab world that have been in acute crisis since the mid nineteenth century or from the time colonialism stepped into the Arab world. Pseudo modernization—to say that there has never been any modernization as it emerged from the middle class as in Europe, but was initiated mainly by the elites—has kept Arab intellectuals in the West completely in the dark and unable to offer radical solution to the crises of

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

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)

Comparative Policy Brief: Status of Intellectual Disabilities in the Republic of Haiti

Science.gov (United States)

Jacobson, Erik

2008-01-01

An estimated 800,000 persons have disabilities in Haiti, but there are no data that refer specifically to those with intellectual disabilities. Traditional fears and stigma about disability are widespread. While the constitution supports the idea that people with disabilities should have autonomy and education, there are no laws to mandate…

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.

78 FR 46499 - Change in Terminology: “Mental Retardation” to “Intellectual Disability”

Science.gov (United States)

2013-08-01

... Change in Terminology: ``Mental Retardation'' to ``Intellectual Disability'' AGENCY: Social Security... INFORMATION CONTACT: Cheryl Williams, Office of Medical Listings Improvement, Social Security Administration... terminology.\\3\\ \\2\\ Public Law 111-256. \\3\\ See 77 FR 29002 and 77 FR 6022-01. Public Comments In the NPRM, we...

Lexicography, terminography and copyright | Alberts | Lexikos

African Journals Online (AJOL)

Keywords: author's right (copyright); copyright (author's right); copyright infringement; copyright issue; copyright law; copyrightable product; copyrighted product; database storage system; denominator; economic right; electronic communication network; fair use; infringement; intellectual property; intellectual property right; ...

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...

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.

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…

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

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.

IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL MASYARAKAT ASLI/TRADISIONAL DI KABUPATEN PURBALINGGA

Directory of Open Access Journals (Sweden)

Agus Mardiyanto

2013-01-01

Full Text Available The regulating of  intellectual property rights until now has not accommodate intellectual property of traditional/native societies. In Purbalingga, there are 9 traditional commodity cluster, with a number of industry as much as 150 UKM and from that number only 4 which has been registered as intellectual property rights. The research will discuss to implementation of protection of intellectual property rights and factors that tend to influence the protection of intellectual property rights in Purbalingga regency. The method that applicated in this research was juridical sociological. Based on the study, local government has made protection to intellectual property rights through socialization to the public. However, there were factors that tend to hamper the protection of intellectual property rights, including law enforcer/officer factors, media and facilities factors, community and cultural factors. In the research, researcher suggested that the local government made a cooperation with central of intellectual property rights in college, considering human resources still relatively didn't understand technical drafting of intellectual property rights registration.   Keywords: legal protection, intellectual property rights, intellectual property of traditional / native societies

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

Science.gov (United States)

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

2018-03-01

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

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

DEFF Research Database (Denmark)

Minssen, Timo

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

PENGEMBANGAN HAK KEKAYAAN INTELEKTUAL SEBAGAI COLLATERAL (AGUNAN UNTUK MENDAPATKAN KREDIT PERBANKAN DI INDONESIA

Directory of Open Access Journals (Sweden)

Sri Mulyani

2012-09-01

Full Text Available Intellectual Property Rights is granted the exclusive rights to creators, inventors or designers for the creation or invention that has commercial value, either directly or through the automatic registration of the relevant agencies as awards, recognition should be given the protection of the rights of the community development law. Globally, the IPR will be used as collateral to obtain a bank loan internasional. In this law is necessary to realize the concept of legislation in each country who are willing to apply that regulate substance loading, binding, and registration of intellectual property as collateral. Key words: development of intellectual property rights, collateral, bank credit in Indonesia

The curious absence of human rights: Can the WIPO Development ...

African Journals Online (AJOL)

This article examines international negotiation of global intellectual property protection standards. Developing countries favour more flexible international rules, while developed countries push for higher mandatory protection levels. Developing countries base their positions on primary principles of intellectual property law: ...

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

REMUNERATION FOR THE AUTHOR FOR THE CREATION AND USE OF THE SERVICE RESULT OF INTELLECTUAL ACTIVITY: HISTORIC AND PHILOSOPHICAL ASPECT

Directory of Open Access Journals (Sweden)

Tatyana Aleksandrovna Vilmova

2017-10-01

Full Text Available In the civil legislation in the field of regulation of legal relations between the author-worker and the employer concerning the creation and use of the service results of intellectual activity (RIA, there are a number of unresolved issues. One of them concerns the size, the procedure for determining and paying remuneration to the author of the work. Despite the availability to date of a sufficient number of legal and by-laws (which refer to each other, but do not provide answers to the questions posed, the question of the legal nature of remuneration remains unresolved, as a material benefit paid to the author. As a result, employers or third parties often abuse legislative gaps in order to obtain an object of creative work without payment to the employee for the fairness of the due goods. After the creation of the official RIA, the question arises of the payment or non-payment of remuneration to the employee. After all, it will be profitable for the employer to recognize an object created by a thoughtful way, performed by an employee in the framework of a labor activity or a specific job of the employer. At what, such task should not go beyond the scope of the job description. As compensation, as a rule, will be small. And what if the object is created outside the scope of the labor function? What will be the fair and lawful amount of remuneration? Therefore, it is precisely such concepts as «labor duty» and «specific task of the employer» that become a stumbling block in practice. And when solving the questions posed, the authors often begin to search for answers from the philosophical origins of the origin of remuneration for creative work, using methods of comparative analysis, historical legal methods and even the philosophical teachings of ancient thinkers. Let’s demonstrate this on this topic. The purpose of the scientific article is to solve the problem when collecting the author’s performance results of intellectual activity

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.

Know-How in Postwar Business and Law.

Science.gov (United States)

O'Reagan, Douglas

In the mid-twentieth century, businesses around the world began to see technical know-how as one of the most important assets they could possess. While their exact definitions of know-how varied (usually centering on employees' tacit knowledge; accumulated, minor innovations rather than just patentable inventions; and tailoring to local conditions), the rapidly growing perception that it was invaluable led to widespread know-how licensing. As businesses embraced it, legal scholars and business lawyers during the 1950s through the 1970s scrambled to clarify legal bases for intellectual property protections for know-how. In the 1970s Supreme Court decisions undermined this effort, and a consortium of legal organizations turned instead to lobbying for statutory protection for the related, narrower category of "trade secrets." Despite the rise and relative decline of know-how in American business and law, interest in the term spread to other languages and legal systems, and the repercussions of these shifting understandings of technology transfer remain with us today.

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.

FACTUAL INDETERMINACY IN INTERNATIONAL TAX LAW

Directory of Open Access Journals (Sweden)

B. Bogenschneider

2016-01-01

Full Text Available Legal indeterminacy comes in a variety of forms identified here as: (i general legal indeterminacy; (ii factual indeterminacy; and (iii Mach/Feyerabend factual indeterminacy. The concept of general “legal indeterminacy” refers to problems in legal interpretation and has been extensively studied. “Factual indeterminacy” refers to the indeterminacy of facts as a matter of tax law when derived from separately indeterminate fields of law. “Mach/ Feyerabend factual indeterminacy” refers to fact words as derived from legal theory which provide the content for legal interpretation. The “facts” in tax law are not transcendent to law; in addition, the “fact” words of tax law cannot be simply imported from the field of economics. The incremental question of the origins of theory (as discussed by Karl Popper and Albert Einstein is also analyzed here. The theory of tax law originates with “sympathy with experience” or “intellectual love” (tr. Einfühlung of tax law by lawyers as reflected in the special heuristics and practices of the profession. Legal theory accordingly functions in similar fashion to scientific theory where a particular legal theory can be falsified (qua Popper or understood in pluralistic terms by incorporating auxiliary ideas.

Alternative Dispute Resolution in the Law School Curriculum: Opportunities and Obstacles.

Science.gov (United States)

Sander, Frank E. A.

1984-01-01

The study of dispute settlement is an emerging field with complex intellectual roots. It may provide a means of strengthening the law school curriculum with the human aspects of legal education and vital skills such as interviewing, counseling, negotiation, and mediation. (MSE)

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.

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.

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

Science.gov (United States)

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

2004-11-01

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

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

Science.gov (United States)

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

2004-01-01

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

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....

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....

IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL MASYARAKAT ASLI/TRADISIONAL DI KABUPATEN PURBALINGGA

Directory of Open Access Journals (Sweden)

Agus Mardiyanto

2013-01-01

Full Text Available The regulating of intellectual property rights until now has not accommodate intellectual property of traditional/native societies. In Purbalingga, there are 9 traditional commodity cluster, with a number of industry as much as 150 UKM and from that number only 4 which has been registered as intellectual property rights. The research will discuss to implementation of protection of intellectual property rights and factors that tend to influence the protection of intellectual property rights in Purbalingga regency. The method that applicated in this research was juridical sociological. Based on the study, local government has made protection to intellectual property rights through socialization to the public. However, there were factors that tend to hamper the protection of intellectual property rights, including law enforcer/officer factors, media and facilities factors, community and cultural factors. In the research, researcher suggested that the local government made a cooperation with central of intellectual property rights in college, considering human resources still relatively didn't understand technical drafting of intellectual property rights registration.

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...

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

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.

[Public health policies for the intellectually disabled in Brazil: an integrative review].

Science.gov (United States)

Tomaz, Rodrigo Victor Viana; Rosa, Thiago Lusivo; Van, David Bui; Melo, Débora Gusmão

2016-01-01

This study presents an integrative review of the scientific literature and federal legislation on public health policies for intellectually disabled in Brazil. Nine articles, published in the PubMed, Scopus, Virtual Health Library and Web of Science databases between 2002 and 2012, were selected. Based on the references of these studies, 6 other articles were identified, totaling 15 studies in the review. Forty-one federal laws produced between 2002 and 2012 were identified. The documents were analyzed and categorized according to the main themes of socioeconomic conditions, violence, mental health, ethics, health needs, health promotion and prevention. From the scientific standpoint, non-specific discussions were observed where intellectual disability was examined with other types of handicaps or concomitantly with other Latin American countries. From the legal standpoint, although laws related to health have been located, there is a lack of studies that address the effectiveness and level of implementation of the proposed policies. The increase in research in this area is a demand of the disabled population itself, and will reveal their specific health needs, and will also support issues such as prevention, promotion, diagnosis and treatment.

A valiant champion of equity and humaneness: the legacy of Bert Röling for international criminal law

NARCIS (Netherlands)

van der Wilt, H.

2010-01-01

The author draws an intellectual portrait of the great Dutch international lawyer and judge. He considers in particular Röling’s contribution to international law made in his two principal works, the booklet on the ‘International Community in an Expanded World’ and The Hague lectures on the ‘Law of

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.

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

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

Science.gov (United States)

Giroux, Henry A.

2003-01-01

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

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

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

Life Satisfaction in Persons with Intellectual Disabilities

Science.gov (United States)

Lucas-Carrasco, Ramona; Salvador-Carulla, Luis

2012-01-01

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

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

Institute of Scientific and Technical Information of China (English)

邵科[澳

2012-01-01

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

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

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.

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…

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

Science.gov (United States)

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

2016-12-01

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

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

Science.gov (United States)

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

2005-08-22

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

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...

The figure of the helper advisor in cases of sexual abuse against people with intellectual disabilities

Directory of Open Access Journals (Sweden)

Almudena MARTORELL CAFRANGA

2017-09-01

Full Text Available In this paper we analyse the main barriers that people with intellectual disabilities who have suffered sexual abuse have to face when they access the Justice system. Regarding these barriers, the Victim Support Unit for People with Intellectual Disabilities of the Fundación Carmen Pardo-Valcarce proposes the inclusion in the judicial process of a helper advisor. The entry into force in 2015 of the Law 4/2015, in 27 April, the Statute of the crime victim represents an exemplary opportunity to ensure the incorporation of support proposals involving the insertion of the helper advisor in the judicial process in cases where the victim is a person with intellectual disabilities. In this paper we analyse the impact of the helper advisor, with particular emphasis on cases that have been dismissed under instruction.

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...

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.

LEGAL PROTECTION OF PATENTS IN CHINA AND PATENT FRAMEWORK IN CHINESE ENTERPRISES

OpenAIRE

Lu, Feifei

2010-01-01

After 14 years’ negotiation, China was enrolled in the World Trade Organization (WTO) in December 11, 2001. The enrolment has brought to us multiple impacts in society, economy, technology, culture and intellectual property as well. “IP law is more in demand now than it has ever been. Businesses are increasingly aware of the importance of intellectual property to their survival, and as a consequence increased pressure has been brought to bear on IP law to provide adequate protection for new a...

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 ...

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 ...

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

Science.gov (United States)

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

2017-07-17

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

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...

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.

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 ...

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

Science.gov (United States)

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

2007-01-01

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

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

International Nuclear Information System (INIS)

Juppe, Alain; Fillon, Francois

2011-01-01

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

Intellectual potential of population: theoretical and methodological framework for research

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

Tindak Pidana Hak Cipta Dam Problematika Penegakan Hukumnya

OpenAIRE

Amrani, Hanafi

1999-01-01

The protection of the law for the inteilectua! property rights is one form of appreciation to aperson who creates inovative works in the field of scientific and literary artistic works. Indonesia government has aftempled to protect intellectual property rights. By making the law of intelectual property rights, it is expected that violations against the law can be. minimized. In practice, however, the law does not work effectivelly and so infringements continue to develop

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)

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…

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.

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.

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

Directory of Open Access Journals (Sweden)

Windri Windri

2010-11-01

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

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

Directory of Open Access Journals (Sweden)

Oleg Tarasenko

2017-12-01

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

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."…

"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...

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)

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.

Intellectual Capital Management in Transport Sector

Directory of Open Access Journals (Sweden)

Asta Znakovaitė

2011-03-01

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

The 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.

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

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

Science.gov (United States)

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

2016-01-01

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

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

Genetically modified foods in China and the United States: A primer of regulation and intellectual property protection

Directory of Open Access Journals (Sweden)

Alice Yuen-Ting Wong

2016-09-01

Full Text Available Food is a basic and personal necessity to human. Safety of food is a prime factor to consider apart from nutrition, quality and cost. Genetically modified (GM foods first came on the market in 1994. Yet safety, transparency and traceability of GM foods are still under hot debate. Nonetheless, the market of GM foods is huge and attractive. Regulatory affairs and intellectual property (IP are two critical factors affecting the development and commercial success of a food product. This article will take a look at the GM food technology and regulatory framework for GM foods in China and the United States. This article will also discuss the unique patent issues and non-patent IP tools for safeguarding the technology in these two countries.

The Performance of Intellectual Capital

DEFF Research Database (Denmark)

Murthy, Vijaya; Mouritsen, Jan

2011-01-01

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

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

The Risks of Revolution: Ethical Dilemmas in 3D Printing from a US Perspective.

Science.gov (United States)

Neely, Erica L

2016-10-01

Additive manufacturing has spread widely over the past decade, especially with the availability of home 3D printers. In the future, many items may be manufactured at home, which raises two ethical issues. First, there are questions of safety. Our current safety regulations depend on centralized manufacturing assumptions; they will be difficult to enforce on this new model of manufacturing. Using current US law as an example, I argue that consumers are not capable of fully assessing all relevant risks and thus continue to require protection; any regulation will likely apply to plans, however, not physical objects. Second, there are intellectual property issues. In combination with a 3D scanner, it is now possible to scan items and print copies; many items are not protected from this by current intellectual property laws. I argue that these laws are ethically sufficient. Patent exists to protect what is innovative; the rest is properly not protected. Intellectual property rests on the notion of creativity, but what counts as creative changes with the rise of new technologies.

Remote Memory Access Protocol Target Node Intellectual Property

Science.gov (United States)

Haddad, Omar

2013-01-01

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

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

Science.gov (United States)

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

2018-03-01

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

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

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...

The protection of the weak party in a harmonised European contract law: a synthesis

NARCIS (Netherlands)

Hondius, E.H.

2004-01-01

Protecting the weak party has been one of the cornerstones of the development of contract law over the past century. An enduring intellectual debate sets those who would advocate a less interventionist model against those – including the present author – who remain wedded to the virtues of

Intellectual Freedom: 2000 and Beyond.

Science.gov (United States)

Holtze, Terri L.; Rader, Hannelore B.

2000-01-01

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

Intellectual emotions

Directory of Open Access Journals (Sweden)

Vasilyev, Igor A.

2013-12-01

Full Text Available In the laboratory of O.K. Tikhomirov, the phenomenon of the acute emotional regulation of productive thinking was justified. This regulation is realized by means of the elaboration of the axiological profile of cognition. The following definition of intellectual emotions can be given: intellectual emotions are the appraisals of specific cognitive objects — contradictions, assumptions, probabilities, and the intermediate and final results of operations. The main aspect of the method used in the research consisted of the synchronous registration of an external (tactile elaboration of problems, skin galvanic response and verbal utterances regarding tasks to be completed in a game of chess. The principle position in Tikhomirov`s group is the following: intellectual emotions represent not only the energetic resource or catalysts for the thinking process, but also the determinants of its structure.

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.

Qanun raqam 68 li-sanat 1968 fi sha'n al-ta'lim al-am (Law No. 68 of 1968 Concerning General Education).

Science.gov (United States)

United Arab Republic.

This document is an English-language abstract (approximately 1,500 words) of a law passed by the UAR legislation covering elementary, preparatory, and secondary education. This law covers general regulations common to all three stages of education, the objectives of which are defined as the general intellectual, physical, moral, civic and national…

A macro-economic framework for evaluation of cyber security risks related to protection of intellectual property.

Science.gov (United States)

Andrijcic, Eva; Horowitz, Barry

2006-08-01

The article is based on the premise that, from a macro-economic viewpoint, cyber attacks with long-lasting effects are the most economically significant, and as a result require more attention than attacks with short-lasting effects that have historically been more represented in literature. In particular, the article deals with evaluation of cyber security risks related to one type of attack with long-lasting effects, namely, theft of intellectual property (IP) by foreign perpetrators. An International Consequence Analysis Framework is presented to determine (1) the potential macro-economic consequences of cyber attacks that result in stolen IP from companies in the United States, and (2) the likely sources of such attacks. The framework presented focuses on IP theft that enables foreign companies to make economic gains that would have otherwise benefited the U.S. economy. Initial results are presented.

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

Directory of Open Access Journals (Sweden)

O. Y. Kolomytseva

2016-01-01

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

PENGEMBANGAN HAK KEKAYAAN INTELEKTUAL SEBAGAI COLLATERAL (AGUNAN UNTUK MENDAPATKAN KREDIT PERBANKAN DI INDONESIA

Directory of Open Access Journals (Sweden)

Sri Mulyani

2012-03-01

Full Text Available Intellectual Property Rights is granted the exclusive rights to creators, inventors or designers for the creation or invention that has commercial value, either directly or through the automatic registration of the relevant agencies as awards, recognition should be given the protection of the rights of the community development law. Globally, the IPR will be used as collateral to obtain a bank loan internasional. In this law is necessary to realize the concept of legislation in each country who are willing to apply that regulate substance loading, binding, and registration of intellectual property as collateral.

PROGRESSIVE LAW ENFORCEMENT TOWARDS HUMAN RIGHTS VIOLATION IN KOTA KUPANG

Directory of Open Access Journals (Sweden)

Joni Efraim Liunima

2016-01-01

Full Text Available Copyright is creator intellectual wealth so it needs to be protected by the State as a form of responsibility. Responding that problem comes into the world Law Number 28 Year 2014 concerning Copyrights and all violations in UUHC is formulated as delict complaint. Consequence of delict complaint is not all of copyright violations can be asked for the responsibility because law agencies are passive and limited by space and time. Answering that jurisdictional problem then researcher used empirical law research method. The result showed that civil servants investigator (PPNS Kanwil Kemenkumham NTT and also Kupang Kota Police Resort have done progressive step such as appealing, warning, calling, making statement, stocktaking and confiscation whereas the obstacle factor of progressive law enforcement is knowledge, mindset and in the formula of UUHC there is no section which formulate what the step can be done if criminal matters happen so the suggestions given is law enforcement agencies need an explanation about progressive law enforcement and it is better if in UUHC need to be formulated a step which will be taken if criminal matters happen

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.

The Death of the Concerned Intellectual?

Directory of Open Access Journals (Sweden)

Chongyi Feng

2005-08-01

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

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.

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

Science.gov (United States)

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

2017-12-01

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

STATISTICAL MODELS OF REPRESENTING INTELLECTUAL CAPITAL

Directory of Open Access Journals (Sweden)

Andreea Feraru

2016-06-01

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

41 CFR 109-45.310 - Antitrust laws.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust laws. 109-45.310 Section 109-45.310 Public Contracts and Property Management Federal Property Management... Antitrust laws. DOE offices shall submit to the Deputy Assistant Secretary for Procurement and Assistance...

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

NARCIS (Netherlands)

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

2010-01-01

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

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...

Rules on the conflict of laws in the matter of succession in Romanian private international law

Directory of Open Access Journals (Sweden)

Daniel BERLINGHER

2014-12-01

Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

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.

Intangible liabilities: beyond models of intellectual assets

OpenAIRE

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

2009-01-01

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

Understanding intellectual disability through RASopathies.

Science.gov (United States)

San Martín, Alvaro; Pagani, Mario Rafael

2014-01-01

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

Measuring intellectual capital of national economies

OpenAIRE

Rađenović, Tamara; Krstić, Bojan

2017-01-01

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

Cyberneticization of the sense function in an intellectual control system

Directory of Open Access Journals (Sweden)

G. G. Vorob’ev

2017-01-01

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

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

Science.gov (United States)

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

2010-01-01

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

Stochastic model of Zipf's law and the universality of the power-law exponent.

Science.gov (United States)

Yamamoto, Ken

2014-04-01

We propose a stochastic model of Zipf's law, namely a power-law relation between rank and size, and clarify as to why a specific value of its power-law exponent is quite universal. We focus on the successive total of a multiplicative stochastic process. By employing properties of a well-known stochastic process, we concisely show that the successive total follows a stationary power-law distribution, which is directly related to Zipf's law. The formula of the power-law exponent is also derived. Finally, we conclude that the universality of the rank-size exponent is brought about by symmetry between an increase and a decrease in the random growth rate.

32 CFR 644.440 - Application of antitrust laws.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Application of antitrust laws. 644.440 Section... Application of antitrust laws. Section 207 of the Federal Property Act provides that real property and related... the antitrust laws. Prior to obligating the Government on any such disposal, the District Engineer...

Image Right and Copyright Law in Europe: Divergences and Convergences

Directory of Open Access Journals (Sweden)

Tatiana Synodinou

2014-04-01

Full Text Available This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimonial and the patrimonial attributes to one’s own image, or via the recognition of a single right with a dual nature. On the other hand, the protection granted to the right to one’s own image in the United Kingdom is piecemeal in nature, since it is based on a broad interpretation of the classic torts of breach of confidence and passing off, which fails to provide a coherent and effective legal framework for protecting the intangible asset of a person’s image, both in terms of its dignitary and its economic identity. After pinpointing the major differences in terms of protecting the right to one’s own image in Europe, the emphasis is placed on the relationship between image rights and copyright law. A classic approach considers image rights as an external limitation of copyright law, and therefore typifies the relationship between image rights and copyright law as being primarily conflictual in nature. Nonetheless, it is also possible to focus on the convergences between the right to one’s own image and copyright law, since both refer to intangible assets that combine both extra-patrimonial and patrimonial interests. In this respect, copyright law could serve as a model for the eventual creation of a European patrimonial right to one’s own image. While the idea of promoting the recognition or establishment of a new intellectual property right for protecting the economic attributes of a person’s image in EU Member States’ domestic

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...

The Proprietary Foundations of Corporate Law

OpenAIRE

John Armour; Michael J Whincop

2005-01-01

Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law’s role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. Practical circumstances dictate that such rights must be shared. Property law protects the rights of co-owners against each othe...

Corporate governance and intellectual capital

Directory of Open Access Journals (Sweden)

Rahmat Alizadeh

2014-01-01

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

Harnessing the Power of Intellectual Capital.

Science.gov (United States)

Bassi, Laurie J.

1997-01-01

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

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

International Nuclear Information System (INIS)

Dutfield, G.

2005-01-01

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

Information and Knowledge Management at South African Law Firms

Directory of Open Access Journals (Sweden)

T du Plessis

2011-07-01

Full Text Available Global and national law firms alike operate in a challenging business environment and managing the firm's information and knowledge assets is increasingly viewed as a key factor in efficient legal service delivery. In legal practice, information management technologies, for example intranets, portals, workflow management systems, document and content management systems, case and project management systems and online dispute resolution systems are becoming important means of legal service delivery. The reason for applying information management technologies and implementing knowledge management strategies in law firms is not only to satisfy clients' growing need for a trusted online platform to interact with legal service providers, but for law firms to capitalise on their intellectual assets, to continuously modernise legal practice management, to empower lawyers, to increase productivity, to use time efficiently, to transfer skills and knowledge from senior to junior professionals, to improve service delivery and to gain competitive advantage. This article firstly reviews the role of information and knowledge management in providing an effective legal service to clients and compares foreign and South African law firms' information management related contexts, challenges and benefits. Secondly, it presents the findings of a survey conducted at South African law firms based on their knowledge management practices. The aim of the article is to provide insights into law firm knowledge management and its effect on providing legal services in an online business environment.

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

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

Cognitive and Interpersonal Features of Intellectual Humility.

Science.gov (United States)

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

2017-06-01

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

Scholars, Intellectuals, and Bricoleurs

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…

Persons with intellectual disabilities in the criminal justice system: review of issues.

Science.gov (United States)

Jones, Jessica

2007-12-01

Although the vast majority of individuals with intellectual disabilities (ID) are law-abiding citizens, there is a small percentage with offending behaviour that is considered antisocial, socially inappropriate, or defined as illegal. It has long been recognised that individuals with ID or mental-health needs who break the law should be dealt with differently from the general population. There have been an increasing number of empirical studies in this area; however, these have been plagued by various definitional and methodological issues. Prevalence estimates of offenders with ID are complicated by diagnostic variations and inconsistencies in the criminal justice process. International studies have shown a large range, from 2% to 40%, depending on methodological approaches. The following review will highlight the salient issues including prevalence of offending, characteristics of offenders, vulnerabilities within the legal system, assessment, and a brief overview of intervention and treatment approaches.

The bioethicist as public intellectual.

Science.gov (United States)

Parsi, Kayhan P; Geraghty, Karen E

2004-01-01

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

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

African Journals Online (AJOL)

What Intellectual Property lawyers can Learn from Barbra Streisand, Sepp Blatter, and the "Coca-Cola Cry-Baby": Dealing with "Trademark Bullying" in South Africa · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. AM Louw, 1-42. http://dx.doi.org/10.4314/pelj.v16i5.1 ...

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.

Propiedad intelectual y conocimiento público: Derechos del investigador y del ciudadano sobre el copyright

OpenAIRE

Feltrero Oreja, Roberto

2003-01-01

Intellectual property is meant to be the key concept to drive the development of information society in the 21st century. The ethical, moral and social principles underlying both early design of Internet architecture and intellectual property laws provide a framework to claim for the publicity of information as the main requirement for cultural, technical and scientific knowledge development. However, new information technologies allow copyright owners to extend their control of both legitima...

Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

International Nuclear Information System (INIS)

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

2010-01-01

Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

When Sexism Meets Racism: the 1920 Numerus Clausus Law in Hungary

Directory of Open Access Journals (Sweden)

Katalin Fenyves

2011-01-01

Full Text Available In this paper I argue that the Hungarian Numerus Clausus edict, introduced in 1920, was aimed at restricting not only the number of Hungarian Jews, but also the number of women in higher education. What is more, university admission policies, often applied beyond the legal framework of this law, reinforced and reproduced the male, nationalist, Christian and conservative hegemony. However, while the Numerus Clausus edict lived on in Hungarian common memory as the first step towards the later introduced anti-Jewish laws and the subsequent extermination of the majority of Hungarian Jews, the consequences of the law regarding women’s exclusion from higher education and thus from the intellectual elite remains mainly unknown to date. Moreover, since “gendered memory” still does not exist in Hungary, there is no way to remember the introduction of the Numerus Clausus law as one of the historical moments that marked women’s place and role in Hungarian society until well after the Second World War and as the symbolic moment when anti-Semitism and sexism met.

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.

Anesthesia for intellectually disabled

Directory of Open Access Journals (Sweden)

Kapil Chaudhary

2017-01-01

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

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

Science.gov (United States)

1985-01-01

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

ALIGNMENT OF MALAYSIA AND ASEAN AGREEMENTS ON ICT LAWS: A REVIEW

Directory of Open Access Journals (Sweden)

Nazura Abdul Manap

2015-04-01

Full Text Available The mega Multimedia Super Corridor (MSC project launched in 1996 is a strong endorsement of the Malaysian government’s commitment towards developing the ICT industry in Malaysia. To attract world-class technology companies and prepare the local ICT industry, the government has offered MSC Malaysia Status to companies developing or using multimedia technologies in producing and enhancing their products and services and locating in any of the 26 Cybercities and Cyber centres in Malaysia. MSC status confers incentives, rights and privileges under the MSC Malaysia Bill of Guarantees. This ICT initiative also underlies Malaysia’s commitment to lead the region in protecting intellectual property and adherence to cyber laws. As a member of E-ASEAN this assurance aligns with the e-ASEAN initiative “…to adopt electronic commerce regulatory and legislative frameworks that create trust and confidence for consumers and facilitate the transformation of businesses towards the development of e-ASEAN”. This paper identifies and analyses the extent of the Malaysian government’s compliance with e-ASEAN principles particularly in the legal and regulatory aspects.

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

Children with intellectual disability and hospice utilization.

Science.gov (United States)

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

2017-02-01

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

Intellectualism and Spirituality in Miguel de Unamuno

Directory of Open Access Journals (Sweden)

Alicia Villar Ezcurra

2017-08-01

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

Economic intelligence and intellectual capital in agriculture competitiveness: Case study

Directory of Open Access Journals (Sweden)

Nešković Slobodan

2016-01-01

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

Is Intellectual Character Growth a Realistic Educational Aim?

Science.gov (United States)

Baehr, Jason

2016-01-01

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

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

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.

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

Science.gov (United States)

McKenzie, Karen; Metcalfe, Dale; Murray, George

2018-02-09

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

Traditional Knowledge and Patent Protection

African Journals Online (AJOL)

Adam

intellectual property rights laws. 5 into traditional knowledge areas, in turn, has ... range of innovations in industrial, agricultural, environment and health ... Ministry for the Environment, Nature Conservation and Nuclear Safety 2008 ..... Ghosh 2003 Colum J Asian L 106. 80 ..... Management'" 1998 Mich Law Rev 462-556.

Adolescents with intellectual disability and suicidal behavior.

Science.gov (United States)

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

2005-09-08

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

Towards a clearer definition and understanding of "Indiginous ...

African Journals Online (AJOL)

Towards a clearer definition and understanding of "Indiginous Community" for purposes of the Intellectual Property Laws Amendment Bill, 2010: an exploration of the concepts "Indiginous" and "Traditional"

All Rights Reversed: A Study of Copyleft, Open-Source, and Open-Content Licensing

Science.gov (United States)

Frantsvog, Dean A.

2012-01-01

In the United States and much of the world, the current framework of intellectual property laws revolves around protecting others from tampering with an author's work. The copyright holder decides who can use it, who can change it, and who can share. There is a growing school of thought, though, that holds that intellectual creations should be…

Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

Directory of Open Access Journals (Sweden)

Irina V. Shugurova

2015-12-01

Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

Adolescents with Intellectual Disability and Suicidal Behavior

Directory of Open Access Journals (Sweden)

Joav Merrick

2005-01-01

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

Sport a právo duševního vlastnictví-zejména autorskoprávní aspekty

OpenAIRE

Zikl, Jan

2011-01-01

Sports and Intellectual Property Law - Copyright Focus Intellectual property affects with bigger or lower intensity almost all areas of modern society, sports not being an exception. Inventions of new technologies allow sportsmen and sportswomen to reach better results and to compete in new sports disciplines. Impact of broadcasting rights and branding of teams and their sponsors were detrimental to financial grow of sports and allowed sports to become a quasi-religion for many people round t...

Intellectually Gifted Rural-to-Urban Migrant Children's Attention

Science.gov (United States)

Zhang, Hui; He, Yunfeng; Tao, Ting; Shi, Jian-Nong

2016-01-01

The term "intellectually gifted rural-to-urban migrant children" refers to intellectually gifted children who are in migration from rural to urban areas. We compared performances on seven attention tasks among intellectually gifted (n = 26) and average (n = 30) rural-to-urban migrant and intellectually gifted urban children (n = 31). Our…

Theoretical backgrounds of investigating of intellectual and human capital

Directory of Open Access Journals (Sweden)

Vladimir Nikiforovich Belkin

2011-03-01

Full Text Available This paper reviews the theoretical aspects of a company's intellectual capital. This capital consists of stock and movement of knowledge which is useful for organizing. There are three components of intellectual capital - human, social and organizational capital. The differences of intellectual and human capital are established. In particular, if human capital is characterized by mundane knowledge, the intellectual one - by the new, and if the products of human capital are the usual goods and services, the products of intellectual capital are the result of translating and implementing new knowledge. The coincidence of research subjects of the theory of intellectual capital and the theory of innovative enterprise development is shown. The concept of "intellectual potential of the enterprise" is introduced and the building structure is discussed. This potential consists of intellectual capital, patents and licenses unrealized by the enterprises, formalized ideas and hypotheses and undiscovered creative potential of the staff. Finally, a realization model of the intellectual potential of the company is proposed.