WorldWideScience

Sample records for intellectual property policies

  1. 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.

  2. Contemporary intellectual property law and policy

    CERN Document Server

    MacQueen, Hector; Laurie, Graeme; Brown, Abbe

    2011-01-01

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

  3. Contemporary intellectual property law and policy

    CERN Document Server

    Waelde, Charlotte; Kheria, Smita; Cornwell, Jane

    2016-01-01

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

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

    OpenAIRE

    KUGAI Takashi

    2010-01-01

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

  5. Intellectual Property.

    Science.gov (United States)

    Swinson, John V.

    2000-01-01

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

  6. 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.

  7. Intellectual Property.

    Science.gov (United States)

    St. Clair, Gloriana

    1992-01-01

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

  8. 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...

  9. 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...

  10. 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…

  11. 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.

  12. 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.

  13. 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...

  14. 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.

  15. 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

  16. "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...

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

    DEFF Research Database (Denmark)

    Yu, Helen; Wested, Jakob; Minssen, Timo

    2017-01-01

    , the European Spallation Source ERIC is required to adopt various policy documents relating to the operation and management of the facility. These cover a wide variety of issues such as user access, public procurement, intellectual property rights (IPR), data management, and dissemination. One of the main goals...... of the problems society is facing today. To facilitate the creation and operation of such RIs, the EU adopted legal frameworks for European Research Infrastructure Consortia (ERIC). On August 31, 2015, the European Spallation Source (ESS) was established as an ERIC. Under the ERIC Regulations and ESS Statutes...... international research collaborations? The complex relationship between scientific excellence, innovation, and IPRs must be carefully considered. Taking the European Spallation Source ERIC as an example, this article investigates ERIC Regulations and EU policies and discusses what issues and perspectives ERICs...

  18. 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....

  19. 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...

  20. 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://...

  1. 28 September 2011 - Canadian Intellectual Property Office Policy, International and Research Office Director K. Georgaras visiting the LHC superconducting magnet test hall with Engineer M. Bajko and Senior Scientists P. Jenni and R. Voss.

    CERN Multimedia

    2011-01-01

    28 September 2011 - Canadian Intellectual Property Office Policy, International and Research Office Director K. Georgaras visiting the LHC superconducting magnet test hall with Engineer M. Bajko and Senior Scientists P. Jenni and R. Voss.

  2. Debates on Intellectual Property Rights

    Directory of Open Access Journals (Sweden)

    Paula – Angela VIDRAŞCU

    2014-09-01

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

  3. Intellectual property 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

  4. Intellectual capital disclosure and dividend policy

    DEFF Research Database (Denmark)

    Nielsen, Christian; Farooq, Omar

    2015-01-01

    The purpose of this article is to document the relationship between intellectual capital disclosure and dividend policies of biotechnology firms listed on the Copenhagen Stock Exchange during the period between 2001 and 2010. The firms’ intellectual capital disclosures were computed from the annual...... financial reports, while data on dividend policies was retrieved from Worldscope. This paper defines dividend policies by three variables: (1) Dividend payout ratio, (2) Decision to pay dividend, and (3) Increase in dividend payout. The results show that firms with higher intellectual capital disclosures...... not only have high payout ratios, but also have a greater likelihood of increasing and paying dividends. Our findings are consistent with our hypothesis that lower information asymmetries of firms with high intellectual capital disclosure lead to more favourable dividend policies. In opposition...

  5. 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)

  6. 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....

  7. Development of international regulation of intellectual property

    OpenAIRE

    Schmitz Vaccaro, Christian

    2013-01-01

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

  8. 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....

  9. 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.

  10. 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...

  11. 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

  12. 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…

  13. 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…

  14. 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.

  15. Intellectual Property Law in Indonesia After 2001

    OpenAIRE

    Sinaga, Valerie Selvie

    2013-01-01

    This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such change...

  16. INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

    OpenAIRE

    Valerie Selvie Sinaga

    2013-01-01

    This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such change...

  17. 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.

  18. 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.

  19. CORRELATION BETWEEN INTELLECTUAL PROPERTY AND SCIENTIFIC ACTIVITY

    Directory of Open Access Journals (Sweden)

    Nataliia Shust

    2017-07-01

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

  20. 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...

  1. INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

    Directory of Open Access Journals (Sweden)

    Valerie Selvie Sinaga

    2013-04-01

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

  2. 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.

  3. 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.

  4. 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

  5. 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

  6. 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

  7. 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...

  8. 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...

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

    Science.gov (United States)

    Falcon, Raymond

    2010-01-01

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

  10. 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.

  11. 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.

  12. 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...

  13. R&D Collaboration with Uncertain Intellectual Property Rights

    DEFF Research Database (Denmark)

    Czarnitzki, Dirk; Hussinger, Katrin; Schneider, Cédric

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

  14. 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.

  15. 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...

  16. 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.

  17. Impact of socially responsible human resources policies on intellectual capital

    Directory of Open Access Journals (Sweden)

    Jesus Barrena-Martínez

    2016-03-01

    Full Text Available Purpose: This research focuses on the benefits that social responsibility can report on the area of human resources, examined the impact of a socially responsible configuration of human resource policies and practices in the generation value process for the company, and more specifically in its intellectual capital. Design/methodology/approach: The study performed a regression analysis, testing the individual effects of socially responsible human resource policies on intellectual capital, broken down into three main variables such as human, social and organizational capital. Findings: The results shed light on how the introduction of socially responsible aspects in the management of human resources can facilitate the exchange of knowledge, skills and attitudes human--capital; lead to improvements in communication, trust, cooperation among employees social-capital and, in turn, generates an institutionalized knowledge encoded in the own organizational culture –organizational capital–. Research limitations/implications: The study only provides information from large companies with over 250 employees. Practical implications: There are important implications in the measure of corporate social responsibility concerns in the area of human resources. Social implications: Also important intangible effects on non-economic variables are confirmed, such as intellectual capital. Originality/value: The value of the study lies in its novelty, testing socially responsible configurations of human resources as well as the direct effects of different policies on intellectual capital.

  18. 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

  19. 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 ...

  20. 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...

  1. 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.

  2. 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.

  3. 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...

  4. '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 ...

  5. 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.

  6. 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.

  7. 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

  8. 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...

  9. 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.

  10. 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 ...

  11. Implementation of Intellectual Property Law on the International Space Station

    Science.gov (United States)

    Mannix, John G.

    2002-01-01

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

  12. 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.

  13. 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

  14. 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.

  15. APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Cornelia DUMITRU

    2015-07-01

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

  16. 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.

  17. 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.

  18. 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...

  19. 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...

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

    Directory of Open Access Journals (Sweden)

    David Felipe Álvarez Amézquita

    2015-06-01

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

  1. 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...

  2. Intellectual property rights and standardization. The case of GSM

    NARCIS (Netherlands)

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

    2002-01-01

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

  3. 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…

  4. 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…

  5. Analysis of Intellectual Property Protection Issues in Offshore Outsourcing

    Science.gov (United States)

    Singh, Satinder Pal

    2013-01-01

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

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

    NARCIS (Netherlands)

    Radauer, Alfred; Rodriguez, V.F.

    2009-01-01

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

  7. Intellectual Property in Creative Industries: The Economic Perspective

    NARCIS (Netherlands)

    C.W. Handke (Christian)

    2016-01-01

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

  8. Intellectual property issues in holography and high tech

    Science.gov (United States)

    Reingand, Nadya

    2004-06-01

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

  9. Intellectual property rights, international trade and plant breeding

    NARCIS (Netherlands)

    Eaton, D.J.F.

    2013-01-01

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

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

    Science.gov (United States)

    Dhar, Biswajit; Rao, C. Niranjan

    1996-01-01

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

  11. 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 ...

  12. 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…

  13. 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.

  14. 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.

  15. 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.

  16. 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...

  17. 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...

  18. 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...

  19. 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 ...

  20. 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...

  1. 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...

  2. 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...

  3. 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…

  4. From "Learning Disability to Intellectual Disability"--Perceptions of the Increasing Use of the Term "Intellectual Disability" in Learning Disability Policy, Research and Practice

    Science.gov (United States)

    Cluley, Victoria

    2018-01-01

    Background: The term "intellectual disability" is increasingly used to refer to people with learning disabilities in British learning disability policy, practice and research. This change is undoubtedly a reflection of the changing international context. The inclusion of the term "intellectual disability" has been particularly…

  5. 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)

  6. Intellectual property: A strong determinant of economic growth

    Directory of Open Access Journals (Sweden)

    Munmun Rai

    2009-01-01

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

  7. 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.

  8. 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.

  9. 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.

  10. 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...

  11. 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

  12. 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.

  13. 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.

  14. 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.

  15. 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...

  16. 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...

  17. 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...

  18. 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.

  19. 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.

  20. 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...

  1. 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...

  2. 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

  3. 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...

  4. Perspectives of intellectual disability in Mexico: epidemiology, policy, and services for children and adults.

    Science.gov (United States)

    Katz, Gregorio; Márquez-Caraveo, Maria E; Lazcano-Ponce, Eduardo

    2010-09-01

    Intellectual disability is a public health issue, which has largely been overlooked in Mexico. The magnitude of this problem is unknown; few programs exist for adults and mental health professionals focus mainly on identifying treatable comorbidities. In Mexico, there is an example of a best practice in social integration. This program has benefited hundreds of adults with intellectual disability by teaching four basic abilities: practical academic skills; vocational skills; independent living skills; and skills for community integration. In a sociocultural and economic context such as Mexico's, social integration programs are feasible and necessary in order to provide an organized social response to the health, social, and vocational needs of people with intellectual disability and should become part of public policy.

  5. Order Without Intellectual Property Law: Open Science in Influenza.

    Science.gov (United States)

    Kapczynski, Amy

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

  6. 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.

  7. 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.

  8. 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.

  9. Intellectual property-A strong determinant of Economic Growth

    Directory of Open Access Journals (Sweden)

    Love k Singh

    2009-12-01

    Full Text Available

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

  10. 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

  11. 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…

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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)

  18. 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

  19. 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

  20. Intellectual Honesty in the Era of Computing.

    Science.gov (United States)

    Connolly, Frank W.

    1995-01-01

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

  1. 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...

  2. 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...

  3. 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...

  4. 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

  5. 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 ...

  6. 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...

  7. 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...

  8. 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.

  9. EDUCATIONAL POLICIES AND PRACTICAL IMPLICATIONS FOR CHILDREN WITH INTELLECTUAL DISABILITY IN REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Aleksandra Karovska Ristovska

    2017-12-01

    Full Text Available Educational policy for children with intellectual disability in Republic of Macedonia is not always consistent with the practical implications. The subject of this research was to gain an insight into the current condition of the persons with intellectual disabilities in Macedonia, before all an insight into the barriers that they are facing in their attempts to access educational information and services. This was done through conducting a qualitative (desk-top analyses of the national legislations; semi-structured interviews with parents of persons with intellectual disabilities and focus groups with relevant stakeholders and a quantitative research (quality of life research for the disabled persons. In the research a total number of 213 examinees were included. As in many other cases, and in many other countries, policy and practice are not always coherent. Legislation in the area of education in our country has to be modified and accommodated to the needs of the persons with disabilities and their parents or care-givers. The final conclusion from our research is that the persons with ID are still on the margins of society, and they lead everyday battles to prove that their needs must be taken into consideration in context of their human rights. Although awareness for the importance of the rightful treatment of this problem is not on a satisfactory level, still we can notice a shift in perception and liberation of prejudice.

  10. 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).

  11. Innovation and the Exploitation of Intellectual Property Law

    DEFF Research Database (Denmark)

    Howells, John

    2003-01-01

    . Examples of the strategic abuse of the patent institutional machinery are given, including: the lobbying efforts to change the law to favour private control over the public interest function of intellectual propery law; the suggestion that corporations may attempt to register patents that they know...... are not valid, but may be useful as a competitive deterrent....

  12. 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.

  13. 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.

  14. 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.

  15. Making Policy with "Good Ideas": Policy Networks and the "Intellectuals" of New Labour

    Science.gov (United States)

    Ball, Stephen J.; Exley, Sonia

    2010-01-01

    The proliferation of policy think tanks and more broadly the rise of "policy networks" can be viewed as indicative of important global transformations in the nature of the state. That is, the emergence of new state modalities, with a shift away from government towards forms of polycentric governance, where policy is produced through…

  16. 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

  17. 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.

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

    Science.gov (United States)

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

    2017-01-01

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

  19. [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.

  20. 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.

  1. 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.

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

    Science.gov (United States)

    Feldschreiber, Peter; Breckenridge, Alasdair

    2015-01-01

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

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

    Science.gov (United States)

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

    2016-09-01

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

  4. 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.

  5. 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...

  6. 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 ...

  7. 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…

  8. 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...

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

    DEFF Research Database (Denmark)

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

    2014-01-01

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

  10. 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…

  11. 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…

  12. 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

  13. 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

  14. Intellectual Property Rights, Parallel Imports and Strategic Behavior

    OpenAIRE

    Maskus, Keith E.; Ganslandt, Mattias

    2007-01-01

    The existence of parallel imports (PI) raises a number of interesting policy and strategic questions, which are the subject of this survey article. For example, parallel trade is essentially arbitrage within policy-integrated markets of IPR-protected goods, which may have different prices across countries. Thus, we analyze fully two types of price differences that give rise to such arbitrage. First is simple retail-level trade in horizontal markets because consumer prices may differ. Second i...

  15. 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.

  16. International Antitrust and the WTO: The Lesson from Intellectual Property

    OpenAIRE

    Guzman, Andrew T.

    2000-01-01

    International antitrust issues have become important in current debates regarding international trade and international regulation. This Article addresses one of the central questions about international antitrust – the appropriate forum for negotiations. The Article argues that the combination of domestic antitrust policy and international trade makes a substantive multilateral agreement unlikely unless transfers are made from states that gain from such a deal to those that lose. The Artic...

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

    OpenAIRE

    Keisha LaRaine Ingram

    2014-01-01

    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 o...

  18. 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

  19. Safeguarding seeds and Maori intellectual property through partnership

    Directory of Open Access Journals (Sweden)

    Sue Scheele

    2015-01-01

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

  20. 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.

  1. 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.

  2. 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)

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

    Science.gov (United States)

    Taubman, Antony

    2010-01-19

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

  4. 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.

  5. 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.

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

    Science.gov (United States)

    Crager, Sara Eve

    2015-01-01

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

  7. 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.

  8. 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.

  9. 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.

  10. 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.

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

    OpenAIRE

    Madison, Michael

    2017-01-01

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

  12. 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 ...

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

    OpenAIRE

    Crennan, Susan

    2010-01-01

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

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

    OpenAIRE

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

    2007-01-01

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

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

    CSIR Research Space (South Africa)

    Staphorst, L

    2015-06-01

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

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

    Science.gov (United States)

    Patino, Robert

    2009-03-01

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

  17. Parody: Affective Registers, Amateur Aesthetics and Intellectual Property

    Directory of Open Access Journals (Sweden)

    Esther Milne

    2013-02-01

    Full Text Available If contemporary media platforms transform and conflate the relations between professional and amateur creative workers, what might we say about the specificity of their vernacular? This article argues that parody is a key site for the articulation of amateur labour enabled by new patterns of networked production and consumption. Despite its utopian promise of free speech, however, the parodic form is tempered by economic and legal exigencies. Therefore, the essay particularly investigates legislative and policy frameworks that constrain parody discourse. Amendments in 2006 to the Australian Copyright Act 1968 (Cth, for example, introduced parody and satire defences allowing greater scope for social critique. Yet recent US legislation preventing online impersonation (such as mock twitter accounts raises crucial questions about the public domain.

  18. Universities’ Intellectual Property: Path for Innovation or Patent Competition?

    Directory of Open Access Journals (Sweden)

    Gustavo Dalmarco

    2011-09-01

    Full Text Available Technological innovation is represented by the conversion of knowledge into new products and processes which, when commercialized, generate wealth. In relations with companies, universities’ role is to develop scientific knowledge, fostering industry’s R&D activities. This article proposes an analysis of the technology transfer process performed by public universities in Brazil. Results demonstrate that universities are facing difficulties in requesting and licensing patents based on scientific results, due to lack of commercial contact with companies and their limitations in adapting available technologies. The increase in scientific output is not being effectively transformed into new technologies for products and services, exposing the necessity for new policies to approach university-industry relations. For universities, this may mean rethinking the role of patents in the technology transfer process, such as increasing co-authorship with companies and have companies support technological research within the university, instead of investing in legal protection, distant from market needs.

  19. 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

  20. 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.

  1. 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.

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

    OpenAIRE

    Pättiniemi, Emmi

    2015-01-01

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

  3. 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...

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

    Science.gov (United States)

    Noonan, Kevin E.

    2015-01-01

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

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

    Science.gov (United States)

    Noonan, Kevin E

    2015-03-16

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

  6. 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

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

    Directory of Open Access Journals (Sweden)

    Ross Sue

    2012-12-01

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

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

    Science.gov (United States)

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

    2012-12-27

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

  9. 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.

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

    Science.gov (United States)

    Krattiger, Anatole

    2010-11-30

    'By far the best proof is experience,' wrote Francis Bacon. Given the experience of countries - both developing and developed - that have used intellectual property (IP), IP protection and IP management to stimulate innovation, there is ample proof that good IP management has benefited multitudes of people around the world with new technologies, products and services. Innovations in health and agriculture have greatly enriched lives. But does this experience apply to all countries? If the best proof is experience, then what can be said authoritatively about the effects of using IP systems wisely in developing countries? Copyright © 2010 Elsevier B.V. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    Juan Carlos Riofrío Martínez-Villalba

    2013-01-01

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

  12. 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...

  13. 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...

  14. 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.

  15. [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.

  16. 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.

  17. 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.

  18. 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).

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

    Science.gov (United States)

    Feldman, Robin

    2011-06-01

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

  20. 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

    country. Therefore, aiming at intellectual property management with focus on innovation, it is necessary to encourage cooperation between the ICT and companies, for the accomplishment of conjoint research works and technology development, besides boosting licensing procedures and technology transfer. Therefore, ICTs, with the help of NITs, should adopt policies for managing intellectual property, creating legal instruments and adapting the academic environment to the current regulations. The ICTs are responsible for stimulating the protection of intellectual property generated in the institution, by means of the NITs. They may operate in a network, improving and advancing the management of intellectual property. Intellectual property is a strategic factor for scientific and technological innovation. In Brazil, the collaboration between public and business sectors has been sought, aiming at the scientific, technological and social development of the country, through a continuous process of conjoint and coordinated actions.

  1. 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.

  2. 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.

  3. Subnormality under debate: discourses and policies on intellectual disability during the late Franco regime.

    Science.gov (United States)

    Del Cura, Mercedes

    2016-01-01

    During the last two decades of the Franco dictatorship, intellectually disabled people became an object of concern on the part of Spanish society and the center of a debate involving the state, the church, certain professional groups and families of those affected. This debate was stoked by ideas circulating in the international setting about the right of the intellectually disabled to integrate into society and enjoy the same opportunities as other individuals. This article seeks to identify the circumstances that led to the emergence of this concern and to note the elements that helped construct the discourses and govern the practices on intellectual disability that developed during the later years of the Franco regime.

  4. 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.

  5. 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…

  6. 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

  7. 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.

  8. 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...

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    Nurul Barizah

    2017-04-01

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

  17. 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

  18. 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

  19. 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…

  20. 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...

  1. 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.

  2. 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.…

  3. 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.

  4. 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.

  5. Problem and pro-social behavior among Nigerian children with intellectual disability: the implication for developing policy for school based mental health programs

    Directory of Open Access Journals (Sweden)

    Bakare Muideen O

    2010-05-01

    screening measure in this environment. These would afford early identification of intellectually disabled children with behavioral problems and appropriate referral for clinical evaluation and interventions. The need to focus policy making attention on hidden burden of intellectual disability in sub-Saharan African children is essential.

  6. Problem and pro-social behavior among Nigerian children with intellectual disability: the implication for developing policy for school based mental health programs

    Science.gov (United States)

    2010-01-01

    environment. These would afford early identification of intellectually disabled children with behavioral problems and appropriate referral for clinical evaluation and interventions. The need to focus policy making attention on hidden burden of intellectual disability in sub-Saharan African children is essential. PMID:20465841

  7. USE OF APPARATUS OF HYBRID NEURAL NETWORKS FOR EVALUATION OF AN INTELLECTUAL COMPONENT OF THE ENERGY-SAVING POLICY OF THE ENTERPRISE

    Directory of Open Access Journals (Sweden)

    Vyacheslav Dzhedzhula

    2018-01-01

    Full Text Available Intellectual capital has a significant impact on the energy-saving policy, which is an indicator of levels of competitiveness and efficiency of the enterprise. Making decisions on improving the efficiency of energy-saving policies of the enterprise through intellectual capital can be carried out by assessing qualitative, quantitative, and binary parameters of the state of the investigated object. Researchers on energy saving issues are scientists such as A.M. Asaul, O.I. Amosha, V.M. Heiets, Yu.V. Dziadykevych, V.V. Stadnyk, V. Parkhovnyk, R. Toud. Issues related to the definition of the essence of innovation were investigated by O.F. Androsova, T.P. Bubenko, M.P. Voinarenko, V.M. Heiets, G. Mensch, M. Kaletski, S.V. Phillippova, J. Schumpeter, A.V. Cherep. Issues of intellectual capital management were considered in the works of L. Antoniuk, S.V. Zakharinko, A. Kendiukhov, G.R. Natroshvili, V. Tsipuryndа, L. Fedulova. The issue of evaluating the intellectual component of the energy-saving policy, in particular, with the help of the apparatus of hybrid neural networks, remains poorly developed. The purpose of the paper is the determination of factors of intellectual capital that influence the energy-saving policy, the formation of a mathematical model based on the theory of hybrid neural networks to determine the indicator of the intellectual component of the energysaving policy of the enterprise. Methodology. Using the theory of hybrid neural networks, a mathematical model has been formed and the simulation has been carried out to determine the indicator of the intellectual component of the energy-saving policy of the enterprise. Results. The factors influencing the value of this indicator have been determined as linguistic variables. A mathematical model has been formed and the simulation has been carried out to determine the indicator of the intellectual component of the energy-saving policy of the enterprise. Practical implications. If it

  8. 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

  9. 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....

  10. Intellectual Disability Policy as Developed, Expressed, and Valuated in AAIDD/The Arc Joint Statements: The Role of Organization Position Statements

    Science.gov (United States)

    Luckasson, Ruth; Ford, Marty E.; McMillan, Elise D.; Misilo, Frederick M., Jr.; Nygren, Margaret A.

    2017-01-01

    The American Association on Intellectual and Developmental Disabilities (AAIDD) and The Arc of the United States (The Arc) have a long history of joined efforts to develop, express, and evaluate disability policies. These efforts have resulted in a series of formal statements on critical issues such as education, healthcare, human rights, and…

  11. Reinforcing Property by Strengthening the Commons: A New Media Policy Paradigm?

    Directory of Open Access Journals (Sweden)

    Peter Jakobsson

    2012-01-01

    Full Text Available In much scholarly writing and in many leftist and activist accounts the enclosures of the cultural commons have been fiercely critiqued. However, during the last years, new media business models, that challenge the notion of the cultural industries as “copyright industries”, has been taking shape. A new class of entrepreneurs is instead working to expand the commons as part of their businesses. Accordingly, representatives from these new media industries, policy makers, and politicians have joined the academic and political critique of the “enclosures of the cultural common”. The paper argues that this is a shift within the dominant media policy paradigm and an attempt to integrate existing practices on the Internet, based on cooperation and sharing, into the market. By relocating the struggle from “intellectual property” to “platform economics”, the media industry can exploit the productivity of the commons while holding on to the power that comes with ownership and property.

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    Mario Todino

    2014-07-01

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

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

    Science.gov (United States)

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

    2008-07-01

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

  15. [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.

  16. Food Service Guideline Policies on State Government-Controlled Properties.

    Science.gov (United States)

    Zaganjor, Hatidza; Bishop Kendrick, Katherine; Warnock, Amy Lowry; Onufrak, Stephen; Whitsel, Laurie P; Ralston Aoki, Julie; Kimmons, Joel

    2016-09-13

    Food service guideline (FSG) policies can impact millions of daily meals sold or provided to government employees, patrons, and institutionalized persons. This study describes a classification tool to assess FSG policy attributes and uses it to rate FSG policies. Quantitative content analysis. State government facilities in the United States. Participants were from 50 states and District of Columbia in the United States. Frequency of FSG policies and percentage alignment to tool. State-level policies were identified using legal research databases to assess bills, statutes, regulations, and executive orders proposed or adopted by December 31, 2014. Full-text reviews were conducted to determine inclusion. Included policies were analyzed to assess attributes related to nutrition, behavioral supports, and implementation guidance. A total of 31 policies met the inclusion criteria; 15 were adopted. Overall alignment ranged from 0% to 86%, and only 10 policies aligned with a majority of the FSG policy attributes. Western states had the most FSG policies proposed or adopted (11 policies). The greatest number of FSG policies were proposed or adopted (8 policies) in 2011, followed by the years 2013 and 2014. The FSG policies proposed or adopted through 2014 that intended to improve the food and beverage environment on state government property vary considerably in their content. This analysis offers baseline data on the FSG landscape and information for future FSG policy assessments. © The Author(s) 2016.

  17. Food Service Guideline Policies on State Government Controlled Properties

    Science.gov (United States)

    Zaganjor, Hatidza; Bishop Kendrick, Katherine; Warnock, Amy Lowry; Onufrak, Stephen; Whitsel, Laurie P.; Ralston Aoki, Julie; Kimmons, Joel

    2017-01-01

    Purpose Food service guidelines (FSG) policies can impact millions of daily meals sold or provided to government employees, patrons, and institutionalized persons. This study describes a classification tool to assess FSG policy attributes and uses it to rate FSG policies. Design Quantitative content analysis. Setting State government facilities in the U.S. Subjects 50 states and District of Columbia. Measures Frequency of FSG policies and percent alignment to tool. Analysis State-level policies were identified using legal research databases to assess bills, statutes, regulations, and executive orders proposed or adopted by December 31, 2014. Full-text reviews were conducted to determine inclusion. Included policies were analyzed to assess attributes related to nutrition, behavioral supports, and implementation guidance. Results A total of 31 policies met inclusion criteria; 15 were adopted. Overall alignment ranged from 0% to 86%, and only 10 policies aligned with a majority of FSG policy attributes. Western States had the most FSG policy proposed or adopted (11 policies). The greatest number of FSG policies were proposed or adopted (8 policies) in 2011, followed by the years 2013 and 2014. Conclusion FSG policies proposed or adopted through 2014 that intended to improve the food and beverage environment on state government property vary considerably in their content. This analysis offers baseline data on the FSG landscape and information for future FSG policy assessments. PMID:27630113

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

    Energy Technology Data Exchange (ETDEWEB)

    Globerman, S.

    1995-12-01

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

  19. 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.

  20. 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)

  1. 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.

  2. 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

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

    Science.gov (United States)

    Patino, Robert M

    2010-03-01

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

  4. 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.

  5. 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

  6. 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...

  7. Environment and economy: Property rights and public policy

    International Nuclear Information System (INIS)

    Bromley, D.J.

    1991-01-01

    For much of its history, environmental economics has sought to modify public policy in order to achieve efficient use and management of environmental resources. The results of this attempt, however, have been dismaying for the most part, and environment public policy continues to differ from the course of action prescribed by economic analysis. Some economists have begun to acknowledge that the reasons for this gap between economic theory and public policy may lie in environmental economics itself rather than in poor policy choices. That is the message sent in this book by Daniel Bromley, who joins S.V. Ciriacy-Wantrup, Allan Schmid, and others in a strong internal critique of the discipline and, in particular, of the 'property rights school' of Coase, Demsetz, and other advocates of the market. Property rights are the common thread of this critique, which blames much of the failure of environmental economics to influence environmental policy on several fundamental misconceptions regarding property

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

    Science.gov (United States)

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

    2017-01-01

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

  9. Intellectual Capital.

    Science.gov (United States)

    Snyder, Herbert W.; Pierce, Jennifer Burek

    2002-01-01

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

  10. 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

  11. 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

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

    Directory of Open Access Journals (Sweden)

    Lucero Ibarra Rojas

    2016-09-01

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

  13. 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.

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

    Science.gov (United States)

    Kaplan, Warren A; Beall, Reed F

    2017-01-01

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

  15. 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.

  16. 39 CFR 601.100 - Purchasing policy.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Purchasing policy. 601.100 Section 601.100 Postal Service UNITED STATES POSTAL SERVICE PROCUREMENT SYSTEM FOR THE U.S. POSTAL SERVICE: INTELLECTUAL PROPERTY RIGHTS OTHER THAN PATENTS PURCHASING OF PROPERTY AND SERVICES § 601.100 Purchasing policy. The Postal...

  17. 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.

  18. 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.

  19. Intellectual Disability Policy as Developed, Expressed, and Evaluated in AAIDD/The Arc Joint Statements: The Role of Organization Position Statements.

    Science.gov (United States)

    Luckasson, Ruth; Ford, Marty E; McMillan, Elise D; Misilo, Frederick M; Nygren, Margaret A

    2017-07-01

    The American Association on Intellectual and Developmental Disabilities (AAIDD) and The Arc of the United States (The Arc) have a long history of joined efforts to develop, express, and evaluate disability policies. These efforts have resulted in a series of formal statements on critical issues such as education, healthcare, human rights, and criminal justice. Their joint efforts further important policy goals including providing clear strong communication about important policy values and directions, promulgating key principles of high quality supports and services, affirming best professional practices, and emphasizing personal outcomes. In addition, the joint efforts (a) affirm important aspects of organization identity; (b) enhance the organizations' abilities to assure the input of a wide variety of perspectives; (c) engage members' expanded ranges of experiences and talents; (d) multiply staff and leadership resources; (e) increase communication strength and avenues; and (f) establish processes for timely review and revision of policies as critical disability issues arise or change, and new opportunities for policy integration and advancement occur. This article describes the processes used to develop, express, and evaluate the position statements; summarizes the policy content of several joint statements; and discusses the role of these organization position statements.

  20. 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

  1. 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

  2. Do People with Intellectual Disability Require Special Human Subjects Research Protections? The Interplay of History, Ethics, and Policy

    Science.gov (United States)

    Feudtner, Chris; Brosco, Jeffrey P.

    2011-01-01

    People with intellectual disability (ID) have a long history of discrimination and stigmatization, and a more recent history of pride and self-advocacy. The early history suggests that people with ID are a vulnerable population and deserve special research protections as do some other groups; the disability rights movement of the late 20th century…

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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…

  8. 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…

  9. 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…

  10. 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

  11. 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

  12. 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)

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

    Science.gov (United States)

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

    2017-11-28

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

  14. Intellectual Freedom Manual. Eighth Edition

    Science.gov (United States)

    ALA Editions, 2010

    2010-01-01

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

  15. Ethical and Economic Issues: University Policies for Consulting, Overload Instructional Activities and Intellectual Property.

    Science.gov (United States)

    Latker, Norman J.

    The relationship of science to education, government, and industry has changed significantly in the last two centuries. These relationships are briefly outlined, including those in France, Germany, and Britain during the industrial revolution and beyond. During the nineteenth century applied science was in the forefront with the development of…

  16. Patenting Productivity and Intellectual Property Policies at Research I Universities: An Exploratory Comparative Study

    Science.gov (United States)

    Mendoza, Pilar; Berger, Joseph B.

    2005-01-01

    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…

  17. The case for differentiated appropriability in intellectual property rights for plant varieties

    NARCIS (Netherlands)

    Tongeren, van F.W.; Eaton, D.J.F.

    2004-01-01

    This chapter adapts an existing model of innovation in the plant breeding sector to demonstrate that common standards are not optimum from a global welfare point of view. Policy issues relating to Plant Variety Protection from an economic perspective are reviewed, with particular emphasis on the

  18. 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

  19. 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,…

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

    Directory of Open Access Journals (Sweden)

    Laura Silberleib

    2001-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Laura Silberleib

    2001-12-01

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

  2. The factors associated with care-related quality of life of adults with intellectual disabilities in England: implications for policy and practice.

    Science.gov (United States)

    Rand, Stacey; Malley, Juliette

    2017-09-01

    Over the last three decades, quality of life (QoL) has been advocated as an indicator of social care outcomes for adults with intellectual disabilities. In England, the Adult Social Care Survey (ASCS) is conducted annually by local authorities to contribute to the evidence base of the care-related QoL of people receiving publicly funded adult social care. This study explores relationships between QoL and non-care-related factors to identify relationships that could inform social care policy and practice. Cross-sectional data collected from 13,642 adults who participated in the 2011 and 2012 ASCS were analysed using regression to explore the factors associated with QoL measured using the Adult Social Care Outcomes Toolkit (ASCOT). Self-rated health, rating of the suitability of home design and anxiety/depression were all found to be significantly associated with ASCOT. Other individual and survey completion factors were also found to have weak significant relationships with ASCOT. The models also indicate that there was an increase in overall ASCOT-QoL and in five of the eight ASCOT domains (Personal comfort and cleanliness, Safety, Social participation, Occupation and Dignity) between 2011 and 2012. These findings demonstrate the potential value of QoL data for informing policy for people with intellectual disabilities by identifying key factors associated with QoL, the characteristics of those at risk of lower QoL, and QoL domains that could be targeted for improvement over time. Future research should establish causal relationships and explore the risk adjustment of scores to account for variation outside of the control of social care support. © 2016 The Authors. Health and Social Care in the Community published by John Wiley & Sons Ltd.

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

    Directory of Open Access Journals (Sweden)

    Maksim Alekseevich Manyakin

    2016-10-01

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

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

    Science.gov (United States)

    2015-12-01

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

  5. 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...

  6. 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).

  7. Do people with intellectual disability require special human subjects research protections? The interplay of history, ethics, and policy.

    Science.gov (United States)

    Feudtner, Chris; Brosco, Jeffrey P

    2011-01-01

    People with intellectual disability (ID) have a long history of discrimination and stigmatization, and a more recent history of pride and self-advocacy. The early history suggests that people with ID are a vulnerable population and deserve special research protections as do some other groups; the disability rights movement of the late 20th century aligns people with ID more closely with the principle of autonomy that has guided clinical and research ethics for the last 40 years. In examining the history of people with ID and the prevailing framework of human subjects research protections in the United States, we conclude that people with ID do not require special protection in human subjects research. The protections that have already been put in place for all individuals, if conscientiously and effectively implemented, achieve the right balance between safeguarding the interest of human research subjects and empowering individuals who choose to do so to participate in research. Copyright © 2012 Wiley Periodicals, Inc.

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

    DEFF Research Database (Denmark)

    Gebreselassie, Abeba T.

    2010-01-01

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

  9. The Digital Dimension of European Cultural Politics: Index, Intellectual Property and Internet Governance

    Directory of Open Access Journals (Sweden)

    Nanna Thylstrup

    2011-10-01

    Full Text Available The Internet and the World Wide Web (WWW have become dominant fields for European Union (EU politics. What used to be at the outer fringes of the EU policies has now taken centre stage. The transnational and dialogical structure of the Internet has hardwired it for international cultural politics, yet the very same structure also works to erode the very territorial foundation of traditional cultural politics. Given the delicate and complex terrain cultural politics traverse in international politics, and the trailblazing progression of the Internet, it seems on-line cultural politics is not just the application of existing cultural politics to cyberspace but a new field to be explored, analyzed and taught. The present article maps a constituent European cultural boundary on the WWW as the EU has circumscribed it and places this cultural node within a wider array of Europeanization and globalization processes.

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

    Institute of Scientific and Technical Information of China (English)

    贾显维

    2012-01-01

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

  11. 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…

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

    Science.gov (United States)

    2014-10-01

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

  13. Dengue Vaccines: A Perspective from the Point of View of Intellectual Property.

    Science.gov (United States)

    da Veiga, Claudimar Pereira; da Veiga, Cássia Rita Pereira; Del Corso, Jansen Maia; da Silva, Wesley Vieira

    2015-08-12

    Dengue is a serious infectious disease and a growing public health problem in many tropical and sub-tropical countries. To control this neglected tropical disease (NTD), vaccines are likely to be the most cost-effective solution. This study analyzed dengue vaccines from both a historical and longitudinal perspective by using patent data, evaluating the geographic and time coverage of innovations, the primary patent holders, the network of cooperation and partnership for vaccine research and development (R & D), the flow of knowledge and the technological domain involved. This study can be seen as an example of the use of patent information to inform policy discussions, strategic research planning, and technology transfer. The results show that 93% of patents were granted since 2000, the majority belonging to the United States and Europe, although the share of patents from developing countries has increased. Unlike another NTDs, there is great participation of private companies in R & D of dengue vaccines and partnerships and collaboration between public and private companies. Finally, in this study, the main holders showed high knowledge absorption and generated capabilities. Therefore, this issue suggests that to overcome the difficulty of translational R & D it is necessary to stimulate the generation of knowledge and relevant scientific research, to enable the productive sector to have the capacity to absorb knowledge, to turn it into innovation, and to articulate partnerships and collaboration.

  14. Dengue Vaccines: A Perspective from the Point of View of Intellectual Property

    Directory of Open Access Journals (Sweden)

    Claudimar Pereira da Veiga

    2015-08-01

    Full Text Available Dengue is a serious infectious disease and a growing public health problem in many tropical and sub-tropical countries. To control this neglected tropical disease (NTD, vaccines are likely to be the most cost-effective solution. This study analyzed dengue vaccines from both a historical and longitudinal perspective by using patent data, evaluating the geographic and time coverage of innovations, the primary patent holders, the network of cooperation and partnership for vaccine research and development (R & D, the flow of knowledge and the technological domain involved. This study can be seen as an example of the use of patent information to inform policy discussions, strategic research planning, and technology transfer. The results show that 93% of patents were granted since 2000, the majority belonging to the United States and Europe, although the share of patents from developing countries has increased. Unlike another NTDs, there is great participation of private companies in R & D of dengue vaccines and partnerships and collaboration between public and private companies. Finally, in this study, the main holders showed high knowledge absorption and generated capabilities. Therefore, this issue suggests that to overcome the difficulty of translational R & D it is necessary to stimulate the generation of knowledge and relevant scientific research, to enable the productive sector to have the capacity to absorb knowledge, to turn it into innovation, and to articulate partnerships and collaboration.

  15. Intellectual property rights in Brazilian floriculture: innovations for the growth and development of the market

    Directory of Open Access Journals (Sweden)

    Antonio Helio Junqueira

    2017-10-01

    Full Text Available One of the most important demands imposed by the consumer market on the Brazilian Productive Chain of Flowers and Ornamental Plants is the constant launching of innovations in cultivated species and varieties. Such innovations include the constant introduction of flowers and plants not yet grown and commercialized, both native and adapted exotic species, as well as transformations and changes in size, shape, coloring and conduction patterns and presentation of these goods to the market. Brazil does not have a relevant breeding and cultivation industry. In this sense, it is highly dependent on imports of genetic material developed by countries such as the Netherlands, Germany, Japan, the United States of America, Thailand, among others. Recent developments in the sectoral policy to protect the rights of genetic developers, in the development of internationally adequate legislation and in the control of the use and trade of cultivars, has allowed Brazil greater access to new genetic materials of high quality and in line with contemporary international trends in the consumption. This article aims to discuss the state of the art of protection of cultivars in Brazil, pointing to the advances that the legislation and the inspection have allowed in relation to the introduction of genetic innovations, evaluating the impact of these measures on the growth and development of the market of consumption of flowers and ornamental plants in the country.

  16. Trends in genetic patent applications: the commercialization of academic intellectual property.

    Science.gov (United States)

    Kers, Jannigje G; Van Burg, Elco; Stoop, Tom; Cornel, Martina C

    2014-10-01

    We studied trends in genetic patent applications in order to identify the trends in the commercialization of research findings in genetics. To define genetic patent applications, the European version (ECLA) of the International Patent Classification (IPC) codes was used. Genetic patent applications data from the PATSTAT database from 1990 until 2009 were analyzed for time trends and regional distribution. Overall, the number of patent applications has been growing. In 2009, 152 000 patent applications were submitted under the Patent Cooperation Treaty (PCT) and within the EP (European Patent) system of the European Patent Office (EPO). The number of genetic patent applications increased until a peak was reached in the year 2000, with >8000 applications, after which it declined by almost 50%. Continents show different patterns over time, with the global peak in 2000 mainly explained by the USA and Europe, while Asia shows a stable number of >1000 per year. Nine countries together account for 98.9% of the total number of genetic patent applications. In The Netherlands, 26.7% of the genetic patent applications originate from public research institutions. After the year 2000, the number of genetic patent applications dropped significantly. Academic leadership and policy as well as patent regulations seem to have an important role in the trend differences. The ongoing investment in genetic research in the past decade is not reflected by an increase of patent applications.

  17. 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

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

    Science.gov (United States)

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

    2014-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Janelle Elizabeth O'Brien

    2013-10-01

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

  20. Intellectual property in ethnomathematics

    Directory of Open Access Journals (Sweden)

    Aldo Parra

    2015-01-01

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

  1. Intellectual Property in Ethnomathematics

    DEFF Research Database (Denmark)

    Sanchez, Aldo Ivan Parra

    2015-01-01

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

  2. 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

  3. 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

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

    Directory of Open Access Journals (Sweden)

    Hermann Stuart Fuquen

    2018-03-01

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

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. Intellectual History

    DEFF Research Database (Denmark)

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

  10. The Intellectual

    Directory of Open Access Journals (Sweden)

    John M. Novak

    2005-01-01

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

  11. Intellectual Capital

    DEFF Research Database (Denmark)

    Bukh, Per Nikolaj; Christensen, Karina Skovvang

    2015-01-01

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

  12. Intellectual Freedom in Academic Libraries: Surveying Deans about Its Significance

    Science.gov (United States)

    Oltmann, Shannon M.

    2017-01-01

    In this study, deans and directors of academic libraries were surveyed about intellectual freedom. The survey found that most respondents said they rarely think about intellectual freedom yet said it was "somewhat" or "very" important in their libraries. Most did not have formal intellectual freedom policies; they often relied…

  13. The Growth and Stabilization Properties of Fiscal Policy in Malaysia

    OpenAIRE

    Sohrab Rafiq

    2013-01-01

    This paper examines the size of the fiscal multiplier values generated in Malaysia. The results show that a government spending shock leads to broad positive economic effects. Although, the effectiveness of fiscal policy alters across macroeconomic states. The estimates show that since the Asian financial crisis the medium- and long-run effect of fiscal policy spending has declined. Some of this is down to greater credit availability and less investment spending.

  14. 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)

  15. 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。

  16. Optimal environmental policy and the dynamic property in LDCs

    Directory of Open Access Journals (Sweden)

    Masahiro Yabuta

    2002-01-01

    Full Text Available This paper has provided a model framework of foreign assistance policy in the context of dynamic optimal control and investigated the environmental policies in LDCs that received some financial support from abroad. The model framework features a specific behavior of the social planner who determines the level of voluntary expenditure for preservation of natural environment. Because more financial needs for natural environmental protection means less allowance of growth-oriented investment, the social planner confronts a trade-off problem between economic growth and environmental preservation. To tackle with this clearly, we have built a dynamic model with two control variables: per-capita consumption and voluntary expenditure for natural environment.

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

    Science.gov (United States)

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

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

  18. 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

  19. 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.

  20. 75 FR 56540 - Office of Governmentwide Policy: Submission for OMB Review; Information Collection, Real Property...

    Science.gov (United States)

    2010-09-16

    ... Report, Standard Form (SF- XXXX) AGENCY: Office of Governmentwide Policy, General Services Administration... standard form, the Real Property Status Report (RPSR) (SF-XXXX). Two notices were published in the Federal... Information Collection 3090- 00XX, Real Property Status [[Page 56541

  1. 41 CFR 102-80.10 - What are the basic safety and environmental management policies for real property?

    Science.gov (United States)

    2010-07-01

    ... safety and environmental management policies for real property? 102-80.10 Section 102-80.10 Public... MANAGEMENT REGULATION REAL PROPERTY 80-SAFETY AND ENVIRONMENTAL MANAGEMENT General Provisions § 102-80.10 What are the basic safety and environmental management policies for real property? The basic safety and...

  2. Optimal patent policies: A survey

    DEFF Research Database (Denmark)

    Poulsen, Odile

    2002-01-01

    This paper surveys some of the patent literature, in particular, it focuses on optimal patent policies. We compare two situations. The first where the government only has a single policy tool to design the optimal patent policy, namely the optimal patent length. In the second situation......, the government uses two policy tools, the optimal breadth and length. We show that theoretical models give very different answers to what is the optimal patent policy. In particular, we show that the optimal patent policy depends among othet things on the price elasticity of demand, the intersectoral elasticity...... of research outputs as well as the degree of compettition in the R&D sector. The actual law on intellectual property, which advocates a unique patent length of 20 years is in general not supported by theoretical models....

  3. 24 CFR 1000.14 - What relocation and real property acquisition policies are applicable?

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false What relocation and real property acquisition policies are applicable? 1000.14 Section 1000.14 Housing and Urban Development Regulations... HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NATIVE AMERICAN HOUSING ACTIVITIES General § 1000.14...

  4. Evaluation Policy Alternatives for the Reengineering of the Department of Defense Personal Property Shipment and Storage Program - A Stakeholder Approach

    National Research Council Canada - National Science Library

    Lepson, Michael

    1999-01-01

    ...) to evaluate the personal property pilot programs as part of Management Reform Memorandum # 6. This thesis evaluates the policy alternatives for reengineering the DOD personal property program using a stakeholder approach...

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

    Directory of Open Access Journals (Sweden)

    Riza Armilia

    2018-01-01

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

  6. 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.

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

    Directory of Open Access Journals (Sweden)

    Barlow, A.

    2007-01-01

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

  8. 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.

  9. 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.

  10. Internet Policy

    Science.gov (United States)

    Lehr, William H.; Pupillo, Lorenzo Maria

    The Internet is now widely regarded as essential infrastructure for our global economy and society. It is in our homes and businesses. We use it to communicate and socialize, for research, and as a platform for E-commerce. In the late 1990s, much was predicted about what the Internet has become at present; but now, we have actual experience living with the Internet as a critical component of our everyday lives. Although the Internet has already had profound effects, there is much we have yet to realize. The present volume represents a third installment in a collaborative effort to highlight the all-encompassing, multidisciplinary implications of the Internet for public policy. The first installment was conceived in 1998, when we initiated plans to organize an international conference among academic, industry, and government officials to discuss the growing policy agenda posed by the Internet. The conference was hosted by the European Commission in Brussels in 1999 and brought together a diverse mix of perspectives on what the pressing policy issues would be confronting the Internet. All of the concerns identified remain with us today, including how to address the Digital Divide, how to modify intellectual property laws to accommodate the new realities of the Internet, what to do about Internet governance and name-space management, and how to evolve broadcast and telecommunications regulatory frameworks for a converged world.

  11. 41 CFR 102-74.425 - What is the policy concerning dogs and other animals on Federal property?

    Science.gov (United States)

    2010-07-01

    ... concerning dogs and other animals on Federal property? 102-74.425 Section 102-74.425 Public Contracts and... REGULATION REAL PROPERTY 74-FACILITY MANAGEMENT Conduct on Federal Property Dogs and Other Animals § 102-74.425 What is the policy concerning dogs and other animals on Federal property? No person may bring dogs...

  12. 75 FR 33577 - National Telecommunications and Information Administration; Copyright Policy, Creativity, and...

    Science.gov (United States)

    2010-06-14

    ..., cybersecurity standards and best practices, intellectual property rights, business advocacy and export control...) 482-3027. SUPPLEMENTARY INFORMATION: Recognizing the vital importance of both intellectual property...

  13. Climate adaptation and policy-induced inflation of coastal property value.

    Directory of Open Access Journals (Sweden)

    Dylan E McNamara

    Full Text Available Human population density in the coastal zone and potential impacts of climate change underscore a growing conflict between coastal development and an encroaching shoreline. Rising sea-levels and increased storminess threaten to accelerate coastal erosion, while growing demand for coastal real estate encourages more spending to hold back the sea in spite of the shrinking federal budget for beach nourishment. As climatic drivers and federal policies for beach nourishment change, the evolution of coastline mitigation and property values is uncertain. We develop an empirically grounded, stochastic dynamic model coupling coastal property markets and shoreline evolution, including beach nourishment, and show that a large share of coastal property value reflects capitalized erosion control. The model is parameterized for coastal properties and physical forcing in North Carolina, U.S.A. and we conduct sensitivity analyses using property values spanning a wide range of sandy coastlines along the U.S. East Coast. The model shows that a sudden removal of federal nourishment subsidies, as has been proposed, could trigger a dramatic downward adjustment in coastal real estate, analogous to the bursting of a bubble. We find that the policy-induced inflation of property value grows with increased erosion from sea level rise or increased storminess, but the effect of background erosion is larger due to human behavioral feedbacks. Our results suggest that if nourishment is not a long-run strategy to manage eroding coastlines, a gradual removal is more likely to smooth the transition to more climate-resilient coastal communities.

  14. Climate Adaptation and Policy-Induced Inflation of Coastal Property Value

    Science.gov (United States)

    McNamara, Dylan E.; Gopalakrishnan, Sathya; Smith, Martin D.; Murray, A. Brad

    2015-01-01

    Human population density in the coastal zone and potential impacts of climate change underscore a growing conflict between coastal development and an encroaching shoreline. Rising sea-levels and increased storminess threaten to accelerate coastal erosion, while growing demand for coastal real estate encourages more spending to hold back the sea in spite of the shrinking federal budget for beach nourishment. As climatic drivers and federal policies for beach nourishment change, the evolution of coastline mitigation and property values is uncertain. We develop an empirically grounded, stochastic dynamic model coupling coastal property markets and shoreline evolution, including beach nourishment, and show that a large share of coastal property value reflects capitalized erosion control. The model is parameterized for coastal properties and physical forcing in North Carolina, U.S.A. and we conduct sensitivity analyses using property values spanning a wide range of sandy coastlines along the U.S. East Coast. The model shows that a sudden removal of federal nourishment subsidies, as has been proposed, could trigger a dramatic downward adjustment in coastal real estate, analogous to the bursting of a bubble. We find that the policy-induced inflation of property value grows with increased erosion from sea level rise or increased storminess, but the effect of background erosion is larger due to human behavioral feedbacks. Our results suggest that if nourishment is not a long-run strategy to manage eroding coastlines, a gradual removal is more likely to smooth the transition to more climate-resilient coastal communities. PMID:25806944

  15. Climate adaptation and policy-induced inflation of coastal property value.

    Science.gov (United States)

    McNamara, Dylan E; Gopalakrishnan, Sathya; Smith, Martin D; Murray, A Brad

    2015-01-01

    Human population density in the coastal zone and potential impacts of climate change underscore a growing conflict between coastal development and an encroaching shoreline. Rising sea-levels and increased storminess threaten to accelerate coastal erosion, while growing demand for coastal real estate encourages more spending to hold back the sea in spite of the shrinking federal budget for beach nourishment. As climatic drivers and federal policies for beach nourishment change, the evolution of coastline mitigation and property values is uncertain. We develop an empirically grounded, stochastic dynamic model coupling coastal property markets and shoreline evolution, including beach nourishment, and show that a large share of coastal property value reflects capitalized erosion control. The model is parameterized for coastal properties and physical forcing in North Carolina, U.S.A. and we conduct sensitivity analyses using property values spanning a wide range of sandy coastlines along the U.S. East Coast. The model shows that a sudden removal of federal nourishment subsidies, as has been proposed, could trigger a dramatic downward adjustment in coastal real estate, analogous to the bursting of a bubble. We find that the policy-induced inflation of property value grows with increased erosion from sea level rise or increased storminess, but the effect of background erosion is larger due to human behavioral feedbacks. Our results suggest that if nourishment is not a long-run strategy to manage eroding coastlines, a gradual removal is more likely to smooth the transition to more climate-resilient coastal communities.

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

    Science.gov (United States)

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

    2014-01-01

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

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

    Science.gov (United States)

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

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Robert Kneller

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

  19. Internet policy and economics challenges and perspectives

    CERN Document Server

    Pupillo, Lorenzo

    2009-01-01

    Presents cutting-edge research, practice, and policy in electronic communications, commerce, and cultureIncludes contributions from leading researchers and industry expertsAddresses such hot-button issues as privacy issues, universal access, cybercrime, intellectual property rights, on-line content, and peer-to-peer networksApplies perspectives from economics, political science, law, business, and communicationsFully updated and revised paperback edition will appeal to practitioners, policymakers, and students

  20. China's Indigenous IP Policies -- Here to Stay?

    OpenAIRE

    Prud'homme, Dan

    2013-01-01

    In 2010 and 2011, foreign businesses and governments welcomed measures believed to dramatically reform a highly controversial branch of China’s indigenous innovation policy which provided government procurement preferences to applicants who can meet restrictive indigenous intellectual property (IP) rights requirements. However, this article describes specific examples of (what can be labeled) China’s “indigenous IP policy” that are still very much in force, in particular several programs link...

  1. 41 CFR 302-15.70 - What governing policies must we establish for the allowance for property management services?

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 4 2010-07-01 2010-07-01 false What governing policies must we establish for the allowance for property management services? 302-15.70 Section 302-15.70... TRANSACTION ALLOWANCES 15-ALLOWANCE FOR PROPERTY MANAGEMENT SERVICES Agency Responsibilities § 302-15.70 What...

  2. 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.

  3. Implications of the Private Property Right to the Community Forest Businesses Formalization through the Certification Policy

    Directory of Open Access Journals (Sweden)

    Bramasto Nugroho

    2014-01-01

    Full Text Available This study aimed to analyze the implication of formalization of community forest business efforts through mandatory timber legality certification policy. Field survey was conducted in March–April 2012 in 3 districts in Central of Java namely Blora, Wonogiri, and Wonosobo District. The results showed that community forest is mainly planting in their private owned land. It brings 2 consequences. Firstly, their willingness to manage their forest sustainably was emerged without any enforcement from external parties. Secondly, there were autonomous in decision making in their way to manage their forest such as they only planted tree species that easy to sell and valuable, they only cut their trees when they need huge money for children schooling, marriage, illness, and housing. The autonomous decision making gives also the owners (farmers other alternatives to utilize their land otherwise planting the trees. It is mean, if the policy is decreasing the potential benefits from growing the trees, they can also convert their community forest into other business in which profitable and easy to sell their products. From those facts, it seems the formalization of community forest business through mandatory certification is not a proper policy to enhance the community forest.Keywords: community forest, formalization, policy, private property, timber legality DOI: 10.7226/jtfm.19.3.178

  4. 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...

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

    NARCIS (Netherlands)

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

    Millions of people, particularly in low- and middle-income countries, lack access to effective pharmaceuticals, often because they are unaffordable. The 2001 Ministerial Conference of the World Trade Organization (WTO) adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual

  6. HARNESSING INTELLECTUAL PROPERTY FOR DEVELOPMENT ...

    African Journals Online (AJOL)

    10332324

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

  7. Evaluating the effects of local floodplain management policies on property owner behavior

    Science.gov (United States)

    Bollens, Scott A.; Kaiser, Edward J.; Burby, Raymond J.

    1988-05-01

    Floodplain management programs have been adopted by more than 85% of local governments in the nation with designated flood hazard areas. Yet, there has been little evaluation of the influence of floodplain policies on private sector decisions. This article examines the degree to which riverine floodplain management affects purchase and mitigation decisions made by owners of developed floodplain property in ten selected cities in the United States. We find that the stringency of such policies does not lessen floodplain property buying because of the overriding importance of site amenity factors. Indeed, flood protection measures incorporated into development projects appear to add to the attractiveness of floodplain location by increasing the perceived safety from the hazard. Property owner responses to the flood hazard after occupancy involve political action more often than individual on-site mitigation. Floodplain programs only minimally encourage on-site mitigation by the owner because most owners have not experienced a flood and many are unaware of the flood threat. It is suggested that floodplain programs will be more effective in meeting their objectives if they are directed at intervention points earlier in the land conversion process.

  8. Taxing wind in Canada : property tax assessment policies and practices in Canada

    International Nuclear Information System (INIS)

    2005-10-01

    Wind power projects are currently in development in every province and territory in Canada, and the wind industry expects to have over 10,000 MW of installed capacity by 2010. This paper provided the outcome of a study and survey on taxation policies for wind farms. Interviews were held with wind power developers from various jurisdictions. Representatives from various government authorities also completed surveys along with interviews conducted to clarify and validate information. Results of the survey showed that 6 provinces had clear property tax policies for wind farms. Key considerations included defining which aspects of the project could be assessed as real property, and which components could be considered as machinery and equipment. The survey showed a wide range of interpretations which may have implications on the assessed value of wind farms. Other concerns included the range of property taxes across regions, which may impact the financial performance of wind projects as well as influence decision related to site selection. 12 tabs., 3 figs

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

    Directory of Open Access Journals (Sweden)

    Hugo Nelson Castañeda

    2012-12-01

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

  10. Free Markets, Property Rights and Climate Change: How to Privatize Climate Policy

    Directory of Open Access Journals (Sweden)

    Graham Dawson

    2011-04-01

    Full Text Available The goal has been to devise a strategy that protects as much as possible the rights and liberties of all agents, both users of fossil fuels and people whose livelihoods and territories are at risk if the anthropogenic global warming (AGW hypothesis is true. To achieve this goal the standard climate policy instruments, taxes and emissions trading, should be discontinued. There are weaknesses in the theoretical perspectives used to justify these policy instruments and climate science cannot provide the knowledge that would be needed to justify their implementation. In their place I propose a privatised policy, based on Austrian and libertarian frameworks of thought, which share an interpretation of climate change as a putative interpersonal conflict rather than market failure. The use of fossil fuels, like any other economic activity, should be subject to side-constraints designed to avoid the infringement of other people’s property rights. Tort litigation on the basis of strict liability would protect these rights, insofar as they need protecting. By providing a public arena for the competitive testing of scientific hypotheses concerning climate change, such litigation would also promote the public understanding and even the advancement of climate science.

  11. 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…

  12. Malnutrition, poverty and intellectual development.

    Science.gov (United States)

    Brown, J L; Pollitt, E

    1996-02-01

    New findings with important policy implications have revealed that malnutrition in childhood impairs intellectual function in more ways than was previously recognized, but also that some of the damage to the brain caused by malnutrition may be reversed. Early research indicated that malnourished animals lacked the energy to interact with their environment and, thus, performed poorly on tests of mental ability. To determine the effect of poor diet and an impoverished environment on mental development in humans, an extensive follow-up study was made of Guatemalan children who received two different nutritional supplements in a 1969-77 study. Mothers and children in two villages received a high-protein supplement (Atole), and those in two additional villages received a supplement with no protein (Fresco). Both supplements reduced mortality, but Atole villages saw a 69% reduction in infant mortality (vs. 24% in the Fresco villages). The 1988-89 follow-up of 70% of the original participants involved extensive cognitive testing and socioeconomic assessment. Atole subjects performed significantly better on the cognitive tests, and the lowest-income children did as well as their more economically advantaged (but still poor) peers. Those who received Atole exhibited an increased benefit from their years of education and grew up faster and stronger than those who received Fresco. Smaller children who appear younger than their age may receive less stimulation from adult expectations than larger children. These findings indicate that the deleterious effects of early malnutrition on intellectual development can continue into adulthood. Other research has revealed that iron supplements can improve the intellectual and motor abilities of infants. While enriched educational programs can ameliorate some of the problems associated with malnutrition, poor children rarely live where such programs are available. The best and least expensive policy would be to prevent malnutrition among

  13. Policy issues in modern cartography

    CERN Document Server

    Taylor, DRF

    1998-01-01

    Policy Issues in Modern Cartography contains the views of national mapping agencies, legal scholars, the library community, the private sector and academia on these and many other important issues. The book begins with perspectives from national mapping agencies in Britain, Canada and the United States followed by a survey of the situation in Asia. The next three chapters deal primarily with legal issues such as copyright and intellectual property from both North American and European perspectives. Chapter 8 presents an important perspective on the key issues by a representative of the privat

  14. A research on EU trade policy system

    Directory of Open Access Journals (Sweden)

    Qi Sitong

    2017-08-01

    Full Text Available The EU is the world’s largest trade group, occupying an important position in the world trade in goods and services, especially in the field of service trade. The EU trade in services exports and imports are higher than the United States and Japan, and the EU is the world’s largest capital output and input group, and the world’s largest foreign aid providers. With the deepening of the European integration process, Europe’s position in the world economy and trade is on the rise. Therefore, the EU’s trade policy has increasingly become the focus of attention. From the vertical point of view, research directions can be divided into trade in goods policy, trade in services policy, international direct investment policy, trade-related intellectual property policy four field. In this paper, the four vertical areas are illustrated as the focus of the study.

  15. 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.

  16. 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

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

    Directory of Open Access Journals (Sweden)

    Gabriela Costa Chaves

    2007-02-01

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

  18. 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 ...

  19. 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.

  20. Policy Design for Competitive Retail Electric Institutions: Artificial Intelligence Representations for a Common Property Resource Approach

    Science.gov (United States)

    Pandit, Nitin S.

    The U.S. electricity industry is being restructured to increase competition. Although existing policies may lead to efficient wholesale institutions, designing policies for the retail level is more complex because of intricate interactions between individuals and quasi-monopolistic institutions. It is argued that Hirshman's ideas of "exit" and "voice" (Hirshman, 1970) provide powerful abstractions for design of retail institutions. While competition is a known mechanism of "exit," a novel design of the "voice" mechanism is demonstrated through an artificial intelligence (AI) based software process model. The process model of "voice" in retail institutions is designed within the economic context of electricity distribution -- a common property resource (CPR), characterized by technological uncertainty and path-dependency. First, it is argued that participant feedback (voice) has to be used effectively to manage the CPR. Further, it is noted that the decision process, of using participant feedback (voice) to incrementally manage uncertainty and path-dependencies, is non-monotonic because it requires the decision makers to often retract previously made assumptions and decisions. An AI based process model of "voice" is developed using an assumption-based truth maintenance system. The model can emulate the non-monotonic decision making process and therefore assist in decision support. Such a systematic framework is flexible, consistent, and easily reorganized as assumptions change. It can provide an effective, formal "voice" mechanism to the retail customers and improve institutional performance.

  1. 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…

  2. Main Issues on Electronic Commerce and Policy Recommendations

    OpenAIRE

    Chongwha Lee; Seongbong Lee

    1998-01-01

    "Electronic Commerce" means that people sell and buy commodity, labor service and information through internet and now is mainly be used in commercial intercourse. The core of the international research related to Electronic Commerce is a tax-exemption, land tax, liberalization of encrypted technology and privacy protection policy, etc. Meanwhile, intellectual property, consumer protection and limitation of packing specification are also researched together with the business activeness. The r...

  3. Policy impact of the Indonesian Central Bank certificate related on loan interest rate to the demand growth of property

    Science.gov (United States)

    Wirjodirdjo, B.; Asjari, H. Y.

    2018-04-01

    The Indonesian economic indicators shown a positive progress in the last three years, Foreign exchange reserves position of the end of March 2017 stood at US 121.8 billion higher than the position of the end of 2015 amounted to US 105.9 billion of the end of 2015. This reserve would ensure the resilience and maintaining sustainable Indonesian economic growth in the future. Although Indonesia’s foreign exchange is better, the structure of expenditure in the country is still less than ideal due the proportion of spending of consumer goods is far greater than the capital goods and tend to be unproductive spending. This needs to be regulated so that in the long term does not cause balance of payments deficit. Therefore, Indonesian Central Bank took a policy to raise interest rates for retail banks from 6% to 7.25% per annum gradually up to present. Policies relating to the interest rates on loans are intended to reduce the proportion of debt financing of consumer goods, however, these policies have implications to various economic sectors and one of those is property sector. A lot of research has been conducted related the impact of loan interest to the property sector but most of it is still in partial related to the ability the people to buy. However, this research has tried to see the implication of the macro Economic Policy of Indonesian Central Bank to the property sector as a systemic problem. This paper is going to present the study on the effects of these policies on the property sector, especially residence house. To obtain a comprehensive analysis and capture the relationship between interest rate policies and their impacts to the property sector, in this study the model developed and simulated using system dynamic methodology as an approach. Various scenarios are applied to the model to get an accurate information about how and when the effectiveness of the policy related to the property sector can be enforced. The result of this study can be delivered to

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

    Science.gov (United States)

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

    2017-03-01

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

  5. Reflections on Intellectual Hybridity

    Directory of Open Access Journals (Sweden)

    Kimala Price

    2012-05-01

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

  6. 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…

  7. Social Inclusion and People with Intellectual Disability and Challenging Behaviour: A Systematic Review

    Science.gov (United States)

    Bigby, Christine

    2012-01-01

    Background: Social inclusion is central to disability policies internationally. The high risk of social exclusion for people with intellectual disability is compounded for those with challenging behaviour. Method: A systematic literature review examined how social inclusion of people with intellectual disability and challenging behaviour has been…

  8. Reporting on intellectual capital

    NARCIS (Netherlands)

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

    2001-01-01

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

  9. Sexuality and Intellectual Disability

    Science.gov (United States)

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

  10. Intellectuals For Hire.

    Science.gov (United States)

    Morrill, Cynthia

    1999-01-01

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

  11. Perspectives: Intellectual Risk Management

    Science.gov (United States)

    Hall, James C.

    2013-01-01

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

  12. 77 FR 51948 - Airport Improvement Program (AIP): Policy Regarding Access to Airports From Residential Property...

    Science.gov (United States)

    2012-08-28

    ... Administration published a Notice of Proposed Policy in the Federal Register at 77 FR 44515 proposing an FAA... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Chapter 1 [Docket No. FAA-2012...; Correction AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Proposed policy; implementation of...

  13. 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.

  14. INTELLECTUAL DISHONESTY IN SCIENCE

    Directory of Open Access Journals (Sweden)

    Svetlana Nikolić

    2013-01-01

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

  15. Toward an Intellectual Freedom Theory for Users of Libraries.

    Science.gov (United States)

    Berninghausen, David K.

    1982-01-01

    Considers theories of intellectual freedom for library users, focusing on policies and practices which have developed in publicly supported libraries in America in the late twentieth century. Related legislation is discussed, including the First Amendment and Library Bill of Rights. Twenty-six references are cited. (EJS)

  16. Intellectual disability and homelessness.

    Science.gov (United States)

    Mercier, C; Picard, S

    2011-04-01

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

  17. [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.

  18. Health promotion for people with intellectual disabilities - A concept analysis.

    Science.gov (United States)

    Roll, Anne E

    2018-03-01

    Whereas 'health promotion' is a well-known concept for healthcare professionals, the concept of 'health promotion for people with intellectual disabilities' and its unique associated challenges are not well understood. This article provides a systematic analysis of how health promotion is being conceptualised for people with intellectual disabilities and how health promotion can work best in the light of this group's specific needs and limitations. Rodgers' evolutionary concept analysis. MEDLINE, PsycINFO, CINAHL and SocINDEX were searched using the search terms 'health promotion', 'people with intellectual disabilities' and 'developmental disabilities'. This review includes studies published between 1992 and 2014. A total of 52 articles were included. Health promotion for people intellectual disabilities, as discussed in the literature, focuses on four aspects, namely supporting a healthy lifestyle, providing health education, involving supporters and being person-centred. Antecedents of the concept 'health promotion for people with intellectual disabilities' were healthcare access and sensitised healthcare providers. The outcomes were improved health, being empowered, enhanced quality of life and reduced health disparities. This analysis provides a solid foundation for healthcare stakeholders' planning, implementing and evaluating health-promotion activities for people with intellectual disabilities at the policy level and in the community. © 2017 Nordic College of Caring Science.

  19. 78 FR 42419 - Airport Improvement Program (AIP): Policy Regarding Access to Airports From Residential Property

    Science.gov (United States)

    2013-07-16

    ... IV of the Compliance Guidance Letter to clarify this issue. Comment: Including the statement, ``going... arrangements which currently co-mingle commercial and residential activities. Going forward, airport sponsors... ``residential property.'' It defines residential property as a piece of real property used for single- or multi...

  20. 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...

  1. 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...

  2. 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

    Full Text Available 我國智慧財產民事訴訟中,以往囿於「公、私法訴訟二元制」之體系設計,被告即便認為原告所主張之智慧財產權有無效的理由,亦僅能循行政救濟的途徑主張,並無法直接於民事訴訟中直接提起智慧財產權無效抗辯,造成民事訴訟程序之延滯等不便。我國預計於2007 年間設立智慧財產法院,而該法院之設立對於我國智慧財產案件之爭訟將產生巨大而直接之影響,而攸關該法院成敗之主要關鍵⎯⎯「智慧財產法院組織法」及「智慧財產案件審理法」等二法案,業已送立法院進行審查。其中「智慧財產案件審理法」已 於2007 年1 月9 日經立法院三讀通過,「智慧財產法院組織法」亦已於2007 年3 月5 日經立法院三讀通過。「智慧財產案件審理法」中一項劃時代的變革,即是在第16 條第1 項規定:「當事人主張或抗辯智慧財產權有應撤銷、廢止之原因者,法院應就其主張或抗辯有無理由自為判斷」,易言之,該法條規定將直接改變目前我國「公、私法訴訟二元制」的現狀,對於專利訴訟當事人間自產生重大之影響,然依據該法案之規定,是否確能達到立法者之目的?以及是否需要有其他配套制度?本文將介紹我國智慧財產訴訟中 專利權無效抗辯相關制度沿革,並嘗試提供分析意見,同時就目前各國相關專利訴訟制度之設計,提供分析及建議。 In the past, the defendant of intellectual property (IP litigation cannot raise the defense of patent invalidity in the civil litigation. The defendant can only file an invalidity action against the IP at issue. Such judicial system design delays the proceeding of the civil litigation of the IP infringement. The IP Court is proposed to be established in 2007. The establishment of the IP Court will change the current court proceeding of the intellectual

  3. 78 FR 3015 - Privacy Act of 1974; U.S. Customs and Border Protection; DHS/CBP-004-Intellectual Property Rights...

    Science.gov (United States)

    2013-01-15

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

  4. 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.

  5. Identifying the key concerns of Irish persons with intellectual disability.

    Science.gov (United States)

    García Iriarte, Edurne; O'Brien, Patricia; McConkey, Roy; Wolfe, Marie; O'Doherty, Siobhain

    2014-11-01

    Internationally, people with intellectual disability are socially marginalized, and their rights under the United Nations Convention for the Rights of Persons with Disabilities (CRPD) are often ignored. This paper aims to define the key concerns of adults with an intellectual disability in relation to their participation in society using an inclusive research strategy for both data gathering and data analysis. A national study involving 23 focus groups and 168 persons was conducted on the island of Ireland with people with intellectual disability as co-facilitators. A thematic content analysis was undertaken of the verbatim transcripts initially by university co-researchers, and 19 themes were identified. Co-researchers with intellectual disability joined in identifying the eight core themes. These were as follows: living options, employment, relationships, citizenship, leisure time, money management, self-advocacy, and communication. The concerns are discussed within the framework of the CRPD, and implications for transforming service policy are drawn. Why we did the research In many countries, people with intellectual disability have difficulties doing things other people without disabilities do, for example to study, to get a job or to live independently. They also find that their rights are not respected under the Convention on the Rights of Persons with Disabilities (the Convention). We did this study to Learn what are the main issues for adults with intellectual disability in Ireland. Do research with people with intellectual disability. How we did the research People with intellectual disability and their supporters worked with university researchers to plan and do the research. We met with people in groups and 168 people told us about things important to them. What we found out We found that there were very important things that people talked about in the groups. We chose the most important: living options, employment, relationships, rights, leisure, money

  6. Intellectual developmental disorders: towards a new name, definition and framework for "mental retardation/intellectual disability" in ICD-11.

    Science.gov (United States)

    Salvador-Carulla, Luis; Reed, Geoffrey M; Vaez-Azizi, Leila M; Cooper, Sally-Ann; Martinez-Leal, Rafael; Bertelli, Marco; Adnams, Colleen; Cooray, Sherva; Deb, Shoumitro; Akoury-Dirani, Leyla; Girimaji, Satish Chandra; Katz, Gregorio; Kwok, Henry; Luckasson, Ruth; Simeonsson, Rune; Walsh, Carolyn; Munir, Kemir; Saxena, Shekhar

    2011-10-01

    Although "intellectual disability" has widely replaced the term "mental retardation", the debate as to whether this entity should be conceptualized as a health condition or as a disability has intensified as the revision of the World Health Organization (WHO)'s International Classification of Diseases (ICD) advances. Defining intellectual disability as a health condition is central to retaining it in ICD, with significant implications for health policy and access to health services. This paper presents the consensus reached to date by the WHO ICD Working Group on the Classification of Intellectual Disabilities. Literature reviews were conducted and a mixed qualitative approach was followed in a series of meetings to produce consensus-based recommendations combining prior expert knowledge and available evidence. The Working Group proposes replacing mental retardation with intellectual developmental disorders, defined as "a group of developmental conditions characterized by significant impairment of cognitive functions, which are associated with limitations of learning, adaptive behaviour and skills". The Working Group further advises that intellectual developmental disorders be incorporated in the larger grouping (parent category) of neurodevelopmental disorders, that current subcategories based on clinical severity (i.e., mild, moderate, severe, profound) be continued, and that problem behaviours be removed from the core classification structure of intellectual developmental disorders and instead described as associated features.

  7. Property rights and hierarchies of power: a critical evaluation of land-reform policy in South Africa

    Directory of Open Access Journals (Sweden)

    André van der Walt

    1999-03-01

    Full Text Available The programme of land reform laws introduced in South Africa since 1991 is often seen and discussed as nothing more than a highly technical, black-letter aspect of South African law. In this article, the author directs attention to the policies that underly the land reform laws, and discusses the transformative potential and effect of land reform laws in view of these policies. The main question is whether the land reform programme has succeeded in breaking away from or undermining the hierarchies of power that were inherent in traditional common-law property relationships and, particularly, in the politically sanctioned and statutorily entrenched system of apartheid land law. Through the analysis of the most important land reform laws the author concludes that the land reform programme is only partially successful in this regard, since many of the new laws still uphold or entrench the underlying hierarchies o f power that characterised apartheid land law.

  8. 75 FR 57829 - Airport Improvement Program (AIP): Policy Regarding Access to Airports From Residential Property

    Science.gov (United States)

    2010-09-22

    ... for Correction On September 9, 2010, the Federal Aviation Administration published a Notice of... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA-2010-0831] Airport... Aviation Administration (FAA). ACTION: Notice of proposed policy; notice of proposed amendment to sponsor...

  9. Policy space for health and trade and investment agreements.

    Science.gov (United States)

    Koivusalo, Meri

    2014-06-01

    New trade agreements affect how governments can regulate for health both within health systems and in addressing health protection, promotion and social determinants of health in other policies. It is essential that those responsible for health understand the impacts of these trade negotiations and agreements on policy space for health at a national and local level. While we know more about implications from negotiations concerning intellectual property rights and trade in goods, this paper provides a screening checklist for less-discussed areas of domestic regulation, services, investment and government procurement. As implications are likely to differ on the basis of the organization and structures of national health systems and policy priorities, the emphasis is on finding out key provisions as well as on how exemptions and exclusions can be used to ensure policy space for health. © The Author 2014. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

  10. “You Can’t be Cold and Scientific”: Community Views on Ethical Issues in Intellectual Disability Research

    OpenAIRE

    McDonald, Katherine E.; Schwartz, Nicole M.; Gibbons, Colleen M.; Olick, Robert S.

    2015-01-01

    Perceptions, attitudes, and ethical concerns related to conducting research with adults with intellectual disability hinder scientific innovation to promote health. Yet we lack an understanding of community views on effective research policy and practice. To address this knowledge void, we qualitatively studied the views of adults with intellectual disability and those who provide them support regarding research participation of adults with intellectual disability. We found substantial suppor...

  11. Intellectual Video Filming

    DEFF Research Database (Denmark)

    Juel, Henrik

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

  12. Intellectual Capital: Comparison and Contrast.

    Science.gov (United States)

    Madsen, Susan R.

    2001-01-01

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

  13. Knowledge Management and Innovation Policies

    Directory of Open Access Journals (Sweden)

    Jhonny Antonio Pabón Cadavid

    2016-12-01

    Full Text Available Implementation of knowledge management strategies and administration of intellectual capital defines the effectiveness of national innovation policies. This article analyses the intersection between national policies and organizational strategies to transfer value to the economy and society. It studies the recent scholarship related to this intersection. The article introduces and defines the main concepts that are relevant for the understanding of the topic. The article stresses that democratization of education and knowledge production should be part of the analysis of innovation models. The importance of intellectual capital valuation is highlighted with special emphasis on national and organizational policies regarding human capital, knowledge assets and education.

  14. 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

  15. 41 CFR 102-75.1140 - What is the policy governing the acceptance or rejection of a conditional gift of real property...

    Science.gov (United States)

    2010-07-01

    ... applicable to the acceptance of gifts under the provisions of other laws. Following receipt of such... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false What is the policy governing the acceptance or rejection of a conditional gift of real property for a particular defense...

  16. The Role of Learning Disability Nurses in Promoting Cervical Screening Uptake in Women with Intellectual Disabilities: A Qualitative Study

    Science.gov (United States)

    Lloyd, Jennifer L.; Coulson, Neil S.

    2014-01-01

    Research suggests that the uptake of cervical screening by women with intellectual disabilities (commonly known as learning disabilities within UK policy frameworks, practice areas and health services) is poor compared to women without intellectual disabilities. The present study explored learning disability nurses' experiences of supporting women…

  17. Health promotion and intellectual disability: listening to men.

    Science.gov (United States)

    Bollard, Martin

    2017-01-01

    Taking responsibility for your own health has been a central tenet of public health policy internationally for a number of decades. Governments in the UK and internationally continue to promote a plethora of health promotion strategies, encouraging individuals and communities to adopt healthy lifestyle choices. Although it is widely recognised that men are not as proactive in seeking out medical help or taking on health promotion advice as women, limited gender-sensitive research exists in the field of intellectual disability. Despite many health promotion policy and practice strategies targeted at this population, little research exists exploring whether men with intellectual disability acknowledge health promotion advice. The study aimed to explore how men with mild-to-moderate intellectual disability understood and perceived their health and what health promotion messages they acted upon. The study was based on a participatory approach which enabled 11 men with intellectual disability to contribute as steering group members and as participants through one-to-one interviews. Data were collected between September 2011 and July 2012. Thematic analysis was undertaken. The participants demonstrated a capacity to understand their own health. This was inclusive of a concern about associating being obese with being unhealthy. The participants reported good relationships with their general practitioners (GPs) and felt valued, in particular when the GP was prepared to offer specific intellectual disability and health promotion advice. More gendered research inclusive of the views of this male population is required and the study reiterates the importance of promoting the health of men and women with intellectual disability. © 2015 John Wiley & Sons Ltd.

  18. Patterns of sport participation for youth with autism spectrum disorder and intellectual disability.

    Science.gov (United States)

    Ryan, Stephanie; Fraser-Thomas, Jessica; Weiss, Jonathan A

    2018-05-01

    Little is known about sport participation in youth with Autism Spectrum Disorder (ASD). The current study examined sport characteristics (frequency, diversity, positive social experiences [PSE]) for youth with ASD and intellectual disability compared to youth with intellectual disability alone and explored the personal and contextual correlates of involvement. Parents (N = 409) completed an online survey, and multiple mediation analyses were used to examine the factors that explained the relationships between sport involvement in youth with ASD and intellectual disability. No significant main effects of ASD status were found for frequency or diversity, but youth with intellectual disability alone had higher scores for PSE compared to youth with ASD and intellectual disability. Sociocommunicative abilities, coach relationship and resources mediated the relationship between ASD status and PSE. A better understanding of the factors related to sport is essential for allowing families, service providers and policy makers to improve involvement for youth with ASD. © 2017 John Wiley & Sons Ltd.

  19. 75 FR 54946 - Airport Improvement Program (AIP): Policy Regarding Access to Airports From Residential Property

    Science.gov (United States)

    2010-09-09

    ... summarized as follows: Comment: Residential through-the-fence access provides a supportive community that... accommodate new aircraft types. Secondly, while through-the-fence communities sometimes attempt to limit ownership to aircraft owners, there is no effective way to prevent turnover of these properties to non...

  20. 41 CFR 102-71.20 - What definitions apply to GSA's real property policies?

    Science.gov (United States)

    2010-07-01

    ... economic potential, qualitative values (social and environmental) inherent in the property itself, and..., and personnel employed at the site, and the requirements for preserving certain types of equipment... development projects, or for nuclear production, research, or development projects. (vi) On or used in...

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Alain Herscovici

    2012-12-01

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

  3. A theoretical intellectual capital model applied to cities

    Directory of Open Access Journals (Sweden)

    José Luis Alfaro Navarro

    2013-06-01

    Full Text Available New Management Information Systems (MIS are necessary at local level as the main source of wealth creation. Therefore, tools and approaches that provide a full future vision of any organization should be a strategic priority for economic development. In this line, cities are “centers of knowledge and sources of growth and innovation” and integrated urban development policies are necessary. These policies support communication networks and optimize location structures as strategies that provide opportunities for social and democratic participation for the citizens. This paper proposes a theoretical model to measure and evaluate the cities intellectual capital that allows determine what we must take into account to make cities a source of wealth, prosperity, welfare and future growth. Furthermore, local intellectual capital provides a long run vision. Thus, in this paper we develop and explain how to implement a model to estimate intellectual capital in cities. In this sense, our proposal is to provide a model for measuring and managing intellectual capital using socio-economic indicators for cities. These indicators offer a long term picture supported by a comprehensive strategy for those who occupy the local space, infrastructure for implementation and management of the environment for its development.

  4. 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...

  5. 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.

  6. Vocational Education and Training and Transitions into the Labour Market of Persons with Intellectual Disabilities

    Science.gov (United States)

    Fasching, Helga

    2014-01-01

    The aim of this contribution is to shed light on the following questions: to what extent are labour market policy measures accessible for women and men with ID (intellectual disabilities)? What is the reality of transition to employment for this target group? What is the success rate of women and men with ID accessing labour market policy measures…

  7. Considering Context: An Integrative Concept for Promoting Outcomes in the Intellectual Disability Field

    Science.gov (United States)

    Shogren, Karrie A.

    2013-01-01

    In light of the rapid evolution of research, policy, and practice in the intellectual disability (ID) field resulting from shifts in our conceptualization of disability and in frameworks for the diagnosis and classification of ID, systematic consideration of the multiple, interrelated contextual factors that impact research, policy, and practice…

  8. 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.

  9. Communication Patterns and Intellectual Teamwork.

    Science.gov (United States)

    Galegher, Jolene

    1992-01-01

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

  10. Fruit flies and intellectual disability

    OpenAIRE

    Bolduc, François V.; Tully, Tim

    2009-01-01

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

  11. Caregiver awareness of reproductive health issues for women with intellectual disabilities

    OpenAIRE

    Lin, Lan-Ping; Lin, Pei-Ying; Hsu, Shang-Wei; Loh, Ching-Hui; Lin, Jin-Ding; Lai, Chia-Im; Chien, Wu-Chien; Lin, Fu-Gong

    2011-01-01

    Abstract Background Limited attention has been paid to the issue of reproductive health as it affects women with intellectual disabilities, despite reproductive health being a vital issue in public health policy for women in the general population. This paper describes caregiver awareness of reproductive health issues relative to women with intellectual disabilities who are being cared for in welfare institutions in Taiwan. Methods The study employed a cross-sectional, questionnaire-based stu...

  12. 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.

  13. 14 CFR 1274.208 - Intellectual property.

    Science.gov (United States)

    2010-01-01

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

  14. Valuation of intellectual property and intangible assets

    OpenAIRE

    2010-01-01

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

  15. Socially responsible intellectual property: a solution?

    Directory of Open Access Journals (Sweden)

    Abbe E. L. Brown

    2005-12-01

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

  16. Open innovation and managing intellectual property

    OpenAIRE

    Giagnacovo, Marco

    2013-01-01

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

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

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

    2009-04-23

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

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

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

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

  19. The fashion industry and the intellectual property

    OpenAIRE

    Salas Pasuy, Brenda

    2013-01-01

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

  20. 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...

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

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

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

  2. Patent pools: Intellectual property rights and competition.

    NARCIS (Netherlands)

    Rodriguez, V.F.

    2010-01-01

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

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

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

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

  4. National strategy of nuclear power intellectual property

    International Nuclear Information System (INIS)

    Bo Huaitao

    2008-01-01

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

  5. Intellectual Property Rights in Computer Science

    DEFF Research Database (Denmark)

    Bujlow, Tomasz

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

  6. Non-verbal communication between Registered Nurses Intellectual Disability and people with an intellectual disability: an exploratory study of the nurse's experiences. Part 1.

    Science.gov (United States)

    Martin, Anne-Marie; Connor-Fenelon, Maureen O'; Lyons, Rosemary

    2012-03-01

    This is the first of two articles presenting the findings of a qualitative study which explored the experiences of Registered Nurses Intellectual Disability (RNIDs) of communicating with people with an intellectual disability who communicate non-verbally. The article reports and critically discusses the findings in the context of the policy and service delivery discourses of person-centredness, inclusion, choice and independence. Arguably, RNIDs are the profession who most frequently encounter people with an intellectual disability and communication impairment. The results suggest that the communication studied is both complicated and multifaceted. An overarching category of 'familiarity/knowing the person' encompasses discrete but related themes and subthemes that explain the process: the RNID knowing the service-user; the RNID/service-user relationship; and the value of experience. People with an intellectual disability, their families and disability services are facing a time of great change, and RNIDs will have a crucial role in supporting this transition.

  7. Entrepreneurial dynamics and social responsibility: mapping an expanded intellectual territory

    OpenAIRE

    Blundel, Richard; Spence, Laura J.

    2009-01-01

    Objectives: (1) To provide a constructive critique of the interface between the entrepreneurial growth dynamics research and social responsibility literatures; (2) to explore opportunities for making new connections between these literatures in order to address substantive ‘gaps’ in research and policy-making ; (3) to map the broader intellectual territory implied by this critique; (4) to outline a tentative research agenda. \\ud Prior work: The paper draws on two main strands of research: ent...

  8. Social media for public health: an exploratory policy analysis.

    Science.gov (United States)

    Fast, Ingrid; Sørensen, Kristine; Brand, Helmut; Suggs, L Suzanne

    2015-02-01

    To accomplish the aims of public health practice and policy today, new forms of communication and education are being applied. Social media are increasingly relevant for public health and used by various actors. Apart from benefits, there can also be risks in using social media, but policies regulating engagement in social media is not well researched. This study examined European public health-related organizations' social media policies and describes the main components of existing policies. This research used a mixed methods approach. A content analysis of social media policies from European institutions, non-government organizations (NGOs) and social media platforms was conducted. Next, individuals responsible for social media in their organization or projects completed a survey about their social media policy. Seventy-five per cent of institutions, NGOs and platforms had a social media policy available. The primary aspects covered within existing policies included data and privacy protection, intellectual property and copyright protection and regulations for the engagement in social media. Policies were intended to regulate staff use, to secure the liability of the institution and social responsibility. Respondents also stressed the importance of self-responsibility when using social media. This study of social media policies for public health in Europe provides a first snapshot of the existence and characteristics of social media policies among European health organizations. Policies tended to focus on legal aspects, rather than the health of the social media user. The effect of such policies on social media adoption and usage behaviour remains to be examined. © The Author 2014. Published by Oxford University Press on behalf of the European Public Health Association. All rights reserved.

  9. Biotechnology's foreign policy.

    Science.gov (United States)

    Feldbaum, Carl

    2002-01-01

    From its inception, biotechnology has been a uniquely international enterprise. An American and an Englishman working together elucidated the structure of DNA almost 50 years ago; more recently, the Human Genome Project linked researchers around the world, from the Baylor College of Medicine in Houston to the Beijing Human Genome Center. Today our industry's researchers hail from African villages and Manhattan high rises; from Munich and Melbourne; from London, Ontario, and London, England; from Scotland and Nova Scotia--New Scotland; from Calcutta and Calgary. But in the beginning, the infrastructure that supported these efforts--intellectual property, venture capital, streamlined technology transfer--was less widely dispersed and the world's brightest biotech researchers clustered in only half a dozen scientific Meccas. Previous technological revolutions have spread around the world. Following in their footsteps, biotechnology's global diaspora seems inevitable, especially since governments are promoting it. But as our science and business emigrate from early strongholds in the United States, Canada and Europe across oceans and borders and into new cultures, international tensions over biotechnology continue to grow. In just the last few years, controversies have rolled over R&D spending priorities, genetic patents, bioprospecting, transgenic agriculture and drug pricing. My premise today is that our industry needs to formulate its first foreign policy, one which is cognizant of the miserable judgments and mistakes of other industries--and avoids them.

  10. 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.

  11. 'It's our everyday life' - The perspectives of persons with intellectual disabilities in Norway.

    Science.gov (United States)

    Witsø, Aud Elisabeth; Hauger, Brit

    2018-01-01

    This study illuminates how adults with intellectual disabilities understand and describe their everyday life and its shortcomings when it comes to equal rights in the context of Norwegian community living. An inclusive research design, including nine persons with mild intellectual disability, two university researchers and two intellectual disability nurses from the municipality, was undertaken. An inductive thematic analysis of data identified three key themes: everyday life - context, rhythm and structure, social participation and staff - an ambiguous part of everyday life. Results show that service provision had institutional qualities; participants experienced lack of information and reduced possibilities for social inclusion and community participation like everyone else. More attention on the role of policy development, support staff and leadership, in relation to facilitating an everyday life with more user involvement, social inclusion and community participation of people needing support, is essential. Participatory, appreciative, action and reflection in workshops for persons with intellectual disabilities and support staff represent a promising approach to promote the voices and interests of persons with intellectual disabilities. Accessible abstract This article tells you about the everyday life of people with intellectual disabilities living in Norway. Nine people with intellectual disabilities worked together with two university researchers and two intellectual disability nurses in the community, in workshops. The people with intellectual disabilities liked to have their own apartment and going to work every day. They said that they wanted more social participation with friends and more participation in activities in the community, just like everyone else. They wanted to be treated with more respect by their staff. All participants in the project saw great value in working together and some of them are working together in a new project about

  12. Mapping Intellectual Resources: Insights from Critical Modernism.

    Science.gov (United States)

    O'Regan, Philip; O'Donnell, David

    2000-01-01

    Intellectual capital and the management and use of an organization's intellectual resources can be understood from the perspective of Habermas' theory of communicative action. The systematic and reciprocal relations of communicative action create value through the mechanisms of exchange. (SK)

  13. 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

  14. Competition Policy and Innovation

    DEFF Research Database (Denmark)

    Møllgaard, Peter; Lorentzen, Jo

    2005-01-01

    We briefly review the rationale behind technological alliances and provide a snapshot oftheir role in global competition, especially insofar as it is based around intellectual capital.They nicely illustrate the increased importance of horizontal agreements and thusestablish the relevance of the t......We briefly review the rationale behind technological alliances and provide a snapshot oftheir role in global competition, especially insofar as it is based around intellectual capital.They nicely illustrate the increased importance of horizontal agreements and thusestablish the relevance...... of the topic. We move on to discuss the organisation of industriesin a dynamic context and draw out consequences for competition policy. We concludewith an outlook on the underlying tensions between technology alliances, competitionpolicy, and industrial policy.JEL codes: L4, L5, O31Keywords: Competition...

  15. 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...

  16. 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.

  17. 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.

  18. A quantitative study of attitudes toward the research participation of adults with intellectual disability: Do stakeholders agree?

    Science.gov (United States)

    McDonald, Katherine E; Conroy, Nicole E; Olick, Robert S

    2017-12-13

    Attitudes toward the research participation of adults with intellectual disability inform research policy and practice, impact interest in and support for research participation, and promote or discourage the generation of new knowledge to promote health among adults with intellectual disability. Yet we know little about these beliefs among the public and the scientific community. We quantitatively studied attitudes among adults with intellectual disability, family and friends, disability service providers, researchers, and Institutional Review Board (IRB) members. We predicted that adults with intellectual disability, and researchers would espouse views most consistent with disability rights, whereas IRB members, and to a lesser degree family, friends, and service providers, would espouse more protective views. We surveyed five hundred and twelve members of the five participant stakeholder groups on their attitudes toward the research participation of adults with intellectual disability. We found broad support for research about people with intellectual disability, though slightly more tempered support for their direct participation therein. In general, IRB members and to some extent adults with intellectual disability endorsed direct participation less than others. We also found that adults with intellectual disability strongly believed in their consent capacity. Resources should be directed toward health-related research with adults with intellectual disability, and interventions should be pursued to address ethical challenges and promote beliefs consistent with human rights. Copyright © 2017 Elsevier Inc. All rights reserved.

  19. Reaping benefits from intellectual capital.

    Science.gov (United States)

    Weston, Marla J; Estrada, Nicolette A; Carrington, Jane

    2007-01-01

    The wealth and value of organizations are increasingly based on intellectual capital. Although acquiring talented individuals and investing in employee learning adds value to the organization, reaping the benefits of intellectual capital involves translating the wisdom of employees into reusable and sustained actions. This requires a culture that creates employee commitment, encourages learning, fosters sharing, and involves employees in decision making. An infrastructure to recognize and embed promising and best practices through social networks, evidence-based practice, customization of innovations, and use of information technology results in increased productivity, stronger financial performance, better patient outcomes, and greater employee and customer satisfaction.

  20. 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.

  1. 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)

  2. Conceptual problems of the intellectual labor economics

    Directory of Open Access Journals (Sweden)

    S N Lebedev

    2014-12-01

    Full Text Available The article is based on the detailed analysis of the intellectual labor and takes into account theoretical and practical aspects of the intellectual labor economics in the transition to the information society. The author describes the nature, specific features, content, structure and the bases for classification of the intellectual labor.

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

    Directory of Open Access Journals (Sweden)

    陳國成 Kuo-Cheng Chen

    2009-12-01

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

  4. Nr 466 - Report made on the behalf of the foreign affairs, defence and armed forces Commission on the bill project adopted by the National Assembly authorizing the approval of the agreement between the Government of the French Republic 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

    International Nuclear Information System (INIS)

    Berthou, Jacques

    2013-01-01

    In its first part, this report proposes a presentation of the huge energy needs of India due to the emergence of the Indian economy but which could be met by a development of nuclear energy in India. The second part presents the agreement between France and India on intellectual property in the civil nuclear sector (an agreement within the frame of a strategic partnership with the civil nuclear sector as a pillar of the French-Indian relationship). The third part discusses the fact that some aspects are still to be solved: the agreement was necessary due to the Indian approach to intellectual property in the nuclear sector, and aims at a better protection of the rights of French companies. The issue of providers' responsibility is notably discussed

  5. Intellectual developmental disorders: towards a new name, definition and framework for “mental retardation/intellectual disability” in ICD-11

    Science.gov (United States)

    CARULLA, LUIS SALVADOR; REED, GEOFFREY M.; VAEZ-AZIZI, LEILA M.; COOPER, SALLY-ANN; LEAL, RAFAEL MARTINEZ; BERTELLI, MARCO; ADNAMS, COLLEEN; COORAY, SHERVA; DEB, SHOUMITRO; DIRANI, LEYLA AKOURY; GIRIMAJI, SATISH CHANDRA; KATZ, GREGORIO; KWOK, HENRY; LUCKASSON, RUTH; SIMEONSSON, RUNE; WALSH, CAROLYN; MUNIR, KEMIR; SAXENA, SHEKHAR

    2011-01-01

    Although “intellectual disability” has widely replaced the term “mental retardation”, the debate as to whether this entity should be conceptualized as a health condition or as a disability has intensified as the revision of the World Health Organization (WHO)’s International Classification of Diseases (ICD) advances. Defining intellectual disability as a health condition is central to retaining it in ICD, with significant implications for health policy and access to health services. This paper presents the consensus reached to date by the WHO ICD Working Group on the Classification of Intellectual Disabilities. Literature reviews were conducted and a mixed qualitative approach was followed in a series of meetings to produce consensus-based recommendations combining prior expert knowledge and available evidence. The Working Group proposes replacing mental retardation with intellectual developmental disorders, defined as “a group of developmental conditions characterized by significant impairment of cognitive functions, which are associated with limitations of learning, adaptive behaviour and skills”. The Working Group further advises that intellectual developmental disorders be incorporated in the larger grouping (parent category) of neurodevelopmental disorders, that current subcategories based on clinical severity (i.e., mild, moderate, severe, profound) be continued, and that problem behaviours be removed from the core classification structure of intellectual developmental disorders and instead described as associated features. PMID:21991267

  6. Friendships and Intimate Relationships among People with Intellectual Disabilities: A Thematic Synthesis.

    Science.gov (United States)

    Fulford, Casey; Cobigo, Virginie

    2018-01-01

    The purpose of this thematic synthesis was to review qualitative studies on perspectives of persons with intellectual disabilities regarding friendships and intimate relationships. A literature search was conducted, including studies published between 2004 and 2014, involving participants 14 years of age or older, who had intellectual disabilities, and participated in focus groups or interviews. Eighteen studies were included. Three master themes were identified: (i) How do I know someone is my friend? (ii) How do I know someone is my boyfriend or girlfriend? and (iii) What helps and hinders relationships? Understanding how people with intellectual disabilities describe relationships, and being aware of factors that support and impede relationships, will aid stakeholders in developing training, policies, programmes and services. Knowledge translation of research that focuses on strategies aimed at supporting relationships is crucial to affect change in applied settings and improve quality of life for persons with intellectual disabilities. © 2016 John Wiley & Sons Ltd.

  7. "If We Are Going to Include Them We Have to Do It before We Die": Norwegian Seniors' Views of Including Seniors with Intellectual Disability in Senior Centres

    Science.gov (United States)

    Ingvaldsen, Anne Kristin; Balandin, Susan

    2011-01-01

    Background: Concepts of inclusion and participation are at the core of both international and Norwegian policy for people with intellectual disability. The aim of this study was to identify senior centre users' views of the barriers and solutions to the inclusion of seniors with intellectual disability in community senior centres. Method: Thirty…

  8. Intellectualization through Terminology Development | Khumalo ...

    African Journals Online (AJOL)

    The article will propose an improved model to cater for AnyTime Access, which is convenient for student needs between lec-tures, and improve the harvesting mechanism in the existing model. Keywords: Intellectualization, Terminology Development, Harvesting, Crowdsourcing, Consultation, Verification, Authentication, ...

  9. Business model and Intellectual Capital

    DEFF Research Database (Denmark)

    Lindgren, Peter; Saghaug, Kristin Margrethe

    2012-01-01

    When practicing business model (BM) innovation releasing intellectual capital (IC) strategically from SME´s BMs through the innovation process can be extremely difficult and complex to carry out especially to small and medium size enterprises (SME). There are so many opportunities and resources...

  10. Remembering PESA: An Intellectual Journey

    Science.gov (United States)

    Evers, Colin W.

    2009-01-01

    This author's interest in philosophy derived from a passion for mathematics that developed in middle high school, which he attended in Sydney. In this article, he provides a self-portrait of his intellectual life and his involvement with the Philosophy of Education Society of Australasia (PESA). He states that despite the research demands of his…

  11. Access, Intellectual Freedom and Libraries.

    Science.gov (United States)

    Darling, Richard L.

    1979-01-01

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

  12. Intellectual capital: approaches to analysis as an object of the internal environment of an economic entity

    Directory of Open Access Journals (Sweden)

    O. E. Ustinova

    2017-01-01

    Full Text Available Intellectual capital is of strategic importance for a modern company. At the same time, its effective management, including a stimulating and creative approach to solving problems, will help to increase the competitiveness and development of economic entities. The article considers intellectual capital as an object of analysis of the internal environment. In the context of the proposed approaches to its study, its impact on the development of the company is also considered. The intellectual capital has a special significance and influence on internal processes, since on each of them the intellectual component allows to achieve a positive synergetic effect from the interaction of different objects. In more detail, it is proposed to consider it in terms of the position of the company it occupies on the market, the principles of its activities, the formation of marketing policies, the use of resources, methods and means of making managerial decisions, and the organizational culture formed. For the analysis of the state of the internal environment, the main approaches are proposed, in which the intellectual capital is considered, among them: methods for analyzing cash flows, economic efficiency and financial feasibility of the project, analysis of the consolidated financial flow by group of objects, assessment of the potential of the business entity, technology of choice of investment policy, technology Selection of incentive mechanisms. In this regard, it is advisable to analyze the company's internal environment from the position of influencing its state of intellectual capital. The scheme of interaction of intellectual capital and objects of an estimation of an internal environment of the managing subject is offered. The results of this study should be considered as initial data for the further development of the economic evaluation of the influence of intellectual capital on the competitiveness of companies.

  13. Intellectual capital management: An approach to organizational practices in Ecuador

    Directory of Open Access Journals (Sweden)

    Enrique Claver-Cortés

    2018-03-01

    Full Text Available Purpose: The present study has as its aim to identify the organizational management practices that involve intellectual capital as facilitators of innovation in its diverse formats, in Ecuador-based shrimp exporting companies. Design/methodology: The research of a qualitative nature was based on the Grounded Theory as a support for data analysis and collection. The personal interview was used in order to obtain the text corpus. The five resulting clusters served as the basis to apply inductive processes: open coding; axial coding; and selective coding, as a methodological activity meant to help interpret concepts and relationships. Findings: The organizational practices associated with intellectual capital in shrimp exporting companies are focused on structural and human capital management, where innovation has developed from the demands for the implementation of quality management systems in accordance with international regulations. Research limitations/implications:  The main contribution made by the present study lies in establishing a primary reference framework for the design of strategic alternatives that involve strengthening intellectual capital as a way to generate sustainable competitive advantages in the companies belonging to this sector. Social implications: Shrimp exports, which stand out for being one of the most significant sources of income in Ecuador, contribute to local development by means of employment generation, mainly in rural communities. The exposure to organizational routines linked to intellectual capital provides a chance to come closer to the reality of this sector. This can prove useful for executives and public policy managers to prioritize an approach which influences the generation and maintenance of competitiveness at a firm level, and also impacts on the development of the regions where such business are located. Originality/value: Faced with the absence of works applied to this sector, the present work

  14. Obesity in adolescents with intellectual disability: Prevalence and associated characteristics.

    Science.gov (United States)

    Krause, Sharon; Ware, Robert; McPherson, Lyn; Lennox, Nicholas; O'Callaghan, Michael

    Studies from a number of countries have indicated an increased risk of obesity in adolescents with intellectual disability. Whether risk factors for adults with intellectual disability apply to adolescents however is uncertain. This study examines obesity in a community sample of adolescents with intellectual disability in Australia, and investigates risk factors associated with obesity and overweight. A cross-sectional survey and medical record review on 261 adolescents with intellectual disability attending special education facilities in South-East Queensland, Australia between January 2006 and September 2010 was conducted. Information on age, gender, weight, height, syndrome specific diagnoses, problematic behaviours, mobility, taking psychotropic or epileptic medication, and perceived household financial difficulties was collected. Body mass index (BMI) was calculated and participants categorised as normal/underweight, overweight or obese according to the International Obesity Taskforce definitions. Overall 22.5% (95% CI: 17.8-28.0%) of adolescents were obese, and 23.8% (95% CI: 19.0-29.4%) were overweight, a marked increase compared to Australian norms. Adolescents with Down syndrome were more likely to be obese than other participants (odds ratio=3.21; 95% CI: 1.41-7.30). No association was found with other risk factors examined. Prevalence of obesity and overweight were increased compared to general Australian adolescents. The only significant risk factor was the presence of Down syndrome. These findings reinforce the need for a health policy and practice response to obesity that is inclusive of individuals with intellectual disability. Copyright © 2015 Asia Oceania Association for the Study of Obesity. Published by Elsevier Ltd. All rights reserved.

  15. 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.

  16. 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.

  17. Reading skills among students with intellectual disabilities.

    Science.gov (United States)

    Ratz, Christoph; Lenhard, Wolfgang

    2013-05-01

    Students with intellectual disabilities (ID) display an extremely wide variety of skills in the field of literacy, and the ability to read and write are central learning aims in the education of students with ID. It is vital to gain detailed knowledge on the literacy skills of students with ID in order to plan instruction, create learning environments, implement educational policies or funding models and specify future fields of research. However, there has been little research into the prevalence and variation of their reading skills. The present study assessed the reading stages of 1629 school-aged students with ID regardless of aetiology (age 6-21) in Bavaria, one of the largest regions in Germany within a randomly chosen and representative sample. Teachers described the reading and writing stages of their students in a questionnaire following the developmental model of Frith. Results indicate that 29.3% do not read at all, 6.8% read at a logographic stage, 31.9% at an alphabetic and 32% at an orthographic level. Writing achievements are lower on average. We analyze and discuss the determinants of literacy in this sample with regard to the sociocultural background of students with ID and draw conclusions for teaching and school policies. Copyright © 2013 Elsevier Ltd. All rights reserved.

  18. [Policy dilemmas in providing antiretroviral treatment in Brazil].

    Science.gov (United States)

    do Lago, Regina Ferro; Costa, Nilson do Rosário

    2010-11-01

    This paper addresses institutional constraints that have affected Brazilian politics regarding provision of anti-retroviral treatment (ART) to HIV/Aids patients. We analyzed the normative conflict resulting from international agreements on intellectual property rights, especially patent protection, and the constitutional rights of Brazilian patients to universal and free access to ART. These constraints have not substantially changed the Brazilian public policy yet, but they may impact the future sustainability of this policy. As the main barrier to the production of patented drugs is not technological but institutional, Brazilian government faces a dilemma. It may either abide by existing monopolistic restrictions or it may incite competitiveness of domestic industries and developing countries in the pharmaceutical market.

  19. “You Can’t be Cold and Scientific”: Community Views on Ethical Issues in Intellectual Disability Research

    Science.gov (United States)

    McDonald, Katherine E.; Schwartz, Nicole M.; Gibbons, Colleen M.; Olick, Robert S.

    2015-01-01

    Perceptions, attitudes, and ethical concerns related to conducting research with adults with intellectual disability hinder scientific innovation to promote health. Yet we lack an understanding of community views on effective research policy and practice. To address this knowledge void, we qualitatively studied the views of adults with intellectual disability and those who provide them support regarding research participation of adults with intellectual disability. We found substantial support for their inclusion, particularly given the possibility of benefits to adults with intellectual disability, researchers, and society. We also found concerns for potential harm and differing ideas on how to promote safety. Our findings emphasize the importance of their inclusion in research, and the need for policies and practices that promote respect and safety. PMID:25769310

  20. "You can't be cold and scientific": community views on ethical issues in intellectual disability research.

    Science.gov (United States)

    McDonald, Katherine E; Schwartz, Nicole M; Gibbons, Colleen M; Olick, Robert S

    2015-04-01

    Perceptions, attitudes, and ethical concerns related to conducting research with adults with intellectual disability hinder scientific innovation to promote health. Yet we lack an understanding of community views on effective research policy and practice. To address this knowledge void, we qualitatively studied the views of adults with intellectual disability and those who provide them support regarding research participation of adults with intellectual disability. We found substantial support for their inclusion, particularly given the possibility of benefits to adults with intellectual disability, researchers, and society. We also found concerns for potential harm and differing ideas on how to promote safety. Our findings emphasize the importance of their inclusion in research, and the need for policies and practices that promote respect and safety. © The Author(s) 2015.

  1. Community Intellectual Disability Nurses' Public Health Roles in the United Kingdom: An Exploratory Documentary Analysis

    Science.gov (United States)

    Mafuba, Kay; Gates, Bob; Cozens, Maria

    2018-01-01

    The aim of this study was to explore how public health policy in the United Kingdom was reflected in community intellectual disability nurses' (CIDNs)' job descriptions and person's specifications. The role of CIDNs has evolved due to policy changes. As these roles evolve, job descriptions and person specifications are important in highlighting…

  2. Linking international trademark databases to inform IP research and policy

    Energy Technology Data Exchange (ETDEWEB)

    Petrie, P.

    2016-07-01

    Researchers and policy makers are concerned with many international issues regarding trademarks, such as trademark squatting, cluttering, and dilution. Trademark application data can provide an evidence base to inform government policy regarding these issues, and can also produce quantitative insights into economic trends and brand dynamics. Currently, national trademark databases can provide insight into economic and brand dynamics at the national level, but gaining such insight at an international level is more difficult due to a lack of internationally linked trademark data. We are in the process of building a harmonised international trademark database (the “Patstat of trademarks”), in which equivalent trademarks have been identified across national offices. We have developed a pilot database that incorporates 6.4 million U.S., 1.3 million Australian, and 0.5 million New Zealand trademark applications, spanning over 100 years. The database will be extended to incorporate trademark data from other participating intellectual property (IP) offices as they join the project. Confirmed partners include the United Kingdom, WIPO, and OHIM. We will continue to expand the scope of the project, and intend to include many more IP offices from around the world. In addition to building the pilot database, we have developed a linking algorithm that identifies equivalent trademarks (TMs) across the three jurisdictions. The algorithm can currently be applied to all applications that contain TM text; i.e. around 96% of all applications. In its current state, the algorithm successfully identifies ~ 97% of equivalent TMs that are known to be linked a priori, as they have shared international registration number through the Madrid protocol. When complete, the internationally linked trademark database will be a valuable resource for researchers and policy-makers in fields such as econometrics, intellectual property rights, and brand policy. (Author)

  3. Poetics of communal praxis: transcendences of the policies of the Bolivarian revolution in life of some Creole and indigenous communitarian intellectuals facing the challenges of “Socialism of the XXI Century”

    Directory of Open Access Journals (Sweden)

    Benjamín Eduardo Martínez Hernández

    2014-05-01

    Full Text Available The topics of LASA 2013 proposed discuss current leftist governments in Latin America, and if we see corresponding changes between consciousness and culture. The commitment of the government of Hugo Chavez for "socialism of the XXI century" has had in the recent history of Venezuela many difficulties. However, community dynamics illustrate the real impact of government policies on cultural transformations of the Venezuelan people worthy interpreted as the foundation of the Bolivarian Revolution, often silenced by the dominant logics that resist. This paper explores such logic from the oral testimony of some Indians and Creoles, as part of the achievements and challenges of the "Socialism of the XXI Century". Normal 0 21 false false false ES X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;}

  4. Inovação: uma análise do papel da agência USP de inovação na geração de propriedade intelectual e nos depósitos de patentes da Universidade de São Paulo Analysis of the role of USP agency for innovation in generation of intellectual property and patent deposits of University of São Paulo

    Directory of Open Access Journals (Sweden)

    Emerson Antonio Maccari

    2011-12-01

    . Knowing these patents importance, this article searched to deepen the theoretical discussions in terms of the investigation of USP Agency of Innovation role over the creation of intellectual property and over the patents deposits of Universidade de São Paulo. With this purpose, it has been adopted as methodology a formulation of the kind of descripted exploratory research, through a detailed interview with the general director of USP Agency of Innovation. The data obtained during this interview were analyzed by means of qualitative technics of contents analysis, what has enable a detailed description of the USP Agency of Innovation at the intellectual property generation and at the patents deposits effected by Universidade de São Paulo in the Brazilian context after its establishment.

  5. INNOVATION POLICY FEATURES IN THE OECD COUNTRIES

    Directory of Open Access Journals (Sweden)

    Ivan Anisimov

    2015-11-01

    Full Text Available The purpose of the paper is to analyze the innovation policy features in the OECD countries and give the basic framework which defines rights and obligations of intellectual property rights (IPRs owners. Governments play an important role in determining demand-side policies, such as smart regulations, standards, consumer education, taxation and public procurement that can affect innovation. Because demand linked to supply, policies that affect both need to be better harnessed to drive long-term innovation and sustainable growth. Policies to stimulate innovation require taking account of changes in the international economy and the transformation of innovation processes. To transform invention into innovation requires a range of activities. Innovation now encompasses much more than research and development (R&D, albeit R&D remains vitally important. Methodology. The data for the paper is taken from the publications and reports of the European Commission, OECD, World Bank etc. In the paper the descriptive analysis, supported by the quantitative analysis is applied. Results. It is identified that rises in R&D intensity and innovation are driven by such factors: reduction of anti-competitive market regulations, which promotes business R&D and strengthens the incentives for innovations; stable economic conditions and low interest rates which encourage the growth of inno vation activity by creating a low-cost environment for investment in innovation; availability of internal and external finance. Practical implication. It is given the basic legal framework which defines rights and obligations of IPR owners: reviewing exemptions to copyright in the light of the internet’s different uses; clarifying exemptions for research use; promoting an active and open commercialization policy for universities; encouraging the commercialization and monetization of IPR: for example draft licensing contracts, valuation standards; standards: encouraging pooling

  6. Cause-Specific Mortality and Death Certificate Reporting in Adults with Moderate to Profound Intellectual Disability

    Science.gov (United States)

    Tyrer, F.; McGrother, C.

    2009-01-01

    Background: The study of premature deaths in people with intellectual disability (ID) has become the focus of recent policy initiatives in England. This is the first UK population-based study to explore cause-specific mortality in adults with ID compared with the general population. Methods: Cause-specific standardised mortality ratios (SMRs) and…

  7. Informing and Equipping Parents of People with Intellectual and Developmental Disabilities

    Science.gov (United States)

    Gilson, Cathy B.; Bethun, Lauren K.; Carter, Erik W.; McMillan, Elise D.

    2017-01-01

    The importance of supporting families with members who have intellectual and developmental disabilities (IDD) is well established in both policy and research. Yet little is known about how familiar parents are with existing resources (e.g., programs, supports, trainings), what information they would consider most helpful, and how they would prefer…

  8. The Ethical Imperative of Reason: How Anti-Intellectualism, Denialism, and Apathy Threaten National Security

    Science.gov (United States)

    2016-03-01

    imperative for “reason” and factual discussion to rule the policy process. 14. SUBJECT TERMS ethics, philosophy , reason, anti-intellectualism...opinion, public trust, science, scientific process, discurisive reasoning, morality , technology, futurology, Aristole, Sagan, Hofstader, Kant, Ross 15...9 D. CONCLUSION ........................................................................................10 III. PHILOSOPHY AND

  9. Guidelines for Preparing Psychological Specialists: An Entry-Level Course on Intellectual Assessment

    Science.gov (United States)

    Oakland, Thomas; Wechsler, Solange Muglia

    2016-01-01

    This article provides guidelines for an entry-level course that prepares psychology students and practitioners to acquire entry-level skills, abilities, knowledge, and attitudes important to the individual assessment of intellectual abilities of children and youth. The article reviews prominent international, regional, and national policies,…

  10. Connecting stories: a narrative approach of social inclusion of persons with intellectual disability

    NARCIS (Netherlands)

    Meininger, H.P.

    2010-01-01

    Social inclusion is a leading goal of policy and practice in care and support for persons with intellectual disabilities. However, its conceptualization, moral presuppositions and effects are far from clear. In answering the call for reconceptualization, the author refers to cultural-historical,

  11. Rethinking College: Roles for School Psychologists in Transition Planning for Students with Intellectual Disability

    Science.gov (United States)

    Wilczenski, Felicia L.; Cook, Amy L.; Regal, Colleen P.

    2017-01-01

    Transition from high school to postsecondary education (PSE) and employment can be challenging for all youth, and particularly for youth with intellectual disability (ID) who are more likely to remain in poverty compared to their peers without disabilities (Mock and Love, "J Policy Pract Intellect Disabil," 9:289-297, 2012; Siperstein et…

  12. Mood disorders in intellectual disability.

    Science.gov (United States)

    Hurley, Anne D

    2006-09-01

    This article examines reviews and research on the diagnosis and treatment of mood disorders in people with intellectual disability published from September 2004 to December 2005. Patients with intellectual disability have limitations in verbal ability, and with increasing levels of disability may have an atypical clinical presentation. Thus, methods to diagnose mood disorders were a major research focus. Informant-rating scales and two self-report instruments provided data on thought patterns, aberrant behavior, appetite, and suicidality. Behavioral symptoms such as aggression were frequently associated with mood disorders. Pharmacotherapy and electroconvulsive therapy were found to be effective treatments. Mood disorders were frequently identified in people with intellectual disability, although suicide was still quite rare. Patients with milder levels of disability can use self-report measures and can be diagnosed using standard criteria with little modification. For those with more severe disability, diagnosis is challenging and often requires the use of residual categories. Atypical clinical presentation, including maladaptive behaviors, lent support for 'behavioral equivalent' substitutes of standard criteria. Typical pharmacological agents were effective for depression and electroconvulsive therapy for treatment-resistant bipolar disorder.

  13. Fruit flies and intellectual disability.

    Science.gov (United States)

    Bolduc, François V; Tully, Tim

    2009-01-01

    Mental retardation--known more commonly nowadays as intellectual disability--is a severe neurological condition affecting up to 3% of the general population. As a result of the analysis of familial cases and recent advances in clinical genetic testing, great strides have been made in our understanding of the genetic etiologies of mental retardation. Nonetheless, no treatment is currently clinically available to patients suffering from intellectual disability. Several animal models have been used in the study of memory and cognition. Established paradigms in Drosophila have recently captured cognitive defects in fly mutants for orthologs of genes involved in human intellectual disability. We review here three protocols designed to understand the molecular genetic basis of learning and memory in Drosophila and the genes identified so far with relation to mental retardation. In addition, we explore the mental retardation genes for which evidence of neuronal dysfunction other than memory has been established in Drosophila. Finally, we summarize the findings in Drosophila for mental retardation genes for which no neuronal information is yet available. All in all, this review illustrates the impressive overlap between genes identified in human mental retardation and genes involved in physiological learning and memory.

  14. Intellectual Property Norms in Online Communities: How User-Organized Intellectual Property Regulation Supports Innovation

    NARCIS (Netherlands)

    Bauer, J.; Franke, N; Tuertscher, P.R.

    2016-01-01

    Since the advent of the AIS Grand Vision Project of ICT-enabled Bright Society (in short, Bright ICT), there has been significant excitement as well as confusion about the concept. To resolve ambiguities about the types of research that are consistent with this vision, the notions of Restorative

  15. 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.

  16. 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.

  17. An inexorable rise in intellectual disability?

    OpenAIRE

    Michiel Ras; Isolde Woittiez; Hetty van Kempen; Klarita Sadiraj

    2010-01-01

    Original title: Steeds meer verstandelijk gehandicapten? Demand for intellectual disability care has grown strongly in the Netherlands in recent years. Partly at the request of the Dutch Ministry of Health, Welfare and Sport, the Netherlands Institute for Social Research/SCP measured the number of people with intellectual disabilities applying for care. The results are contained in this report. Our inventory reveals that demand for intellectual disability care has risen by an average of 9% pe...

  18. 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…

  19. 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…

  20. Do as the Swedes do? Internet policy and regulation in Sweden – a snapshot

    Directory of Open Access Journals (Sweden)

    Merlin Münch

    2013-05-01

    Full Text Available When it comes to information technology Sweden is considered to be at the forefront both in terms of technological innovation, as well as in progressive policy-making, regulation and internet freedom. This article investigates the state-of-affairs in a number of fields of Swedish internet policy, such as copyright, net neutrality and censorship, in order to find out if and why the 'Swedish way' has been particularly efficient. In the course of this article it will become apparent that Swedens approach to internet policy and regulation has often been controversial, as the examples of the contested National Defence Radio Establishment law (known as the 'FRA-law', as well as the rigorous implementation of the Directive on the enforcement of intellectual property rights have shown. Also, when it comes to matters of transparency, the Swedish government has some catching up to do.