WorldWideScience

Sample records for intellectual property rights

  1. 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...

  2. 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....

  3. 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.

  4. 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

  5. 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....

  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. 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.

  8. 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.

  9. 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...

  10. 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…

  11. 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.

  12. 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.

  13. 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

  14. '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 ...

  15. 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)

  16. 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.

  17. 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

  18. 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’.

  19. 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

  20. 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…

  1. 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 ...

  2. 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.

  3. 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...

  4. 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.

  5. 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.

  6. 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...

  7. 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...

  8. 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.

  9. 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).

  10. 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…

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

    Science.gov (United States)

    Ricketson, Sam

    1993-01-01

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

  12. 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

  13. 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...

  14. 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.

  15. 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.

  16. 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.

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

    Directory of Open Access Journals (Sweden)

    Juan Carlos Riofrío Martínez-Villalba

    2013-01-01

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

  18. 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...

  19. 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…

  20. 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.

  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. 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…

  3. 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.

  4. 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.

  5. 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.

  6. 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

  7. 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.

  8. 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.

  9. INTELLECTUAL PROPERTY RIGHTS ISSUES FOR RESEARCH TOOLS IN BIOTECHNOLOGY RESEARCH

    Directory of Open Access Journals (Sweden)

    Rekha Chaturvedi

    2015-09-01

    Full Text Available The research tools refer to the resources researchers need to use in experimental work. In Biotechnology, these can include cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry libraries, drug and drug targets, clones and cloning tools (such as PCR, method, laboratory equipment and machines, database and computer software. Research tools therefore serve as basis for upstream research to improve the present product or process. There are several challenges in the way of using patented research tools. IP issues with regard to research tools are important and may sometime pose hindrance for researchers. Hence in the case of patented research tools, IPR issues can compose a major hurdle for technology development. In majority instances research tools are permitted through MTAs for academic research and for imparting education. TRIPS provides a provision for exception to patent rights for experimental use of patented technology in scientific research and several countries including India have included this provision in their patent legislation. For commercially important work, licensing of research tools can be based on royalty or one time lump sum payment. Some patent owners of important high-end research tools for development of platform technology create problems in licensing which can impede research. Usually cost of a commercially available research tool is built up in its price.

  10. 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.

  11. 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.

  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. 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...

  14. 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…

  15. 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

  16. 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.

  17. 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...

  18. 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...

  19. [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.

  20. 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.

  1. 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...

  2. 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.

  3. 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.

  4. 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.

  5. 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

  6. 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

  7. 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.

  8. 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.

  9. 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…

  10. 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…

  11. 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

  12. 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

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

    Directory of Open Access Journals (Sweden)

    Namhoon Kwon

    2001-12-01

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

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

    Science.gov (United States)

    Feldschreiber, Peter; Breckenridge, Alasdair

    2015-01-01

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

  15. 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.

  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. 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.

  18. Reflections on the International Networking Conference “Ethical and Social Aspects of Intellectual Property Rights – Agrifood and Health”, Brussels, September 2011

    NARCIS (Netherlands)

    Korthals, M.; Timmermann, C.A.

    2013-01-01

    Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects

  19. 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)

  20. 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)

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

    NARCIS (Netherlands)

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

    2018-01-01

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

  2. 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

  3. 75 FR 68325 - Government Programs to Assist Businesses Protect Their Intellectual Property Rights (IPR) in...

    Science.gov (United States)

    2010-11-05

    ... of U.S. businesses, including Small- and Medium-Sized Enterprises (SMEs), in foreign markets. As... rights in foreign markets in particular. 2. Identify specific challenges businesses, including SMEs, face..., patents, trade secrets) present the most challenges to SMEs? Should U.S. government programs focus on...

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

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2010-01-01

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

  5. 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.

  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. 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...

  8. 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...

  9. 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://...

  10. 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

  11. Legal Rights & Intellectual Disability: A Short Guide.

    Science.gov (United States)

    Hall, Julia, Ed.; And Others

    The book examines actions that may be taken to redress wrongs illegally perpetrated against people with intellectual disabilities in New South Wales, Australia. Ten topic areas are addressed (sample subtopics in parentheses): protecting rights (complaints to government departments, use of the ombudsman); discrimination (legal aid); personal…

  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. 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

  14. 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.

  15. 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.

  16. MITIGATING INNOVATION RISKS CONCERNING INTELLECTUAL PROPERTY INSTRUMENTS

    Directory of Open Access Journals (Sweden)

    Andreea DUMITRESCU

    2014-11-01

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

  17. Intellectual property disclosure in standards development

    NARCIS (Netherlands)

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

    2012-01-01

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

  18. 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.

  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)

    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

  20. 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.

  1. Development of international regulation of intellectual property

    OpenAIRE

    Schmitz Vaccaro, Christian

    2013-01-01

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

  2. 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.

  3. 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…

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

    Science.gov (United States)

    Rosina, Mônica Steffen Guise; Shaver, Lea

    2012-01-01

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

  7. 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)

  8. 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...

  9. 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.

  10. [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.

  11. 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.

  12. 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.

  13. 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.

  14. Property Rights and Finance

    OpenAIRE

    Simon Johnson; John McMillan; Christopher Woodruff

    2002-01-01

    Which is the tighter constraint on private sector investment: weak property rights or limited access to external finance? From a survey of new firms in post-communist countries, we find that weak property rights discourage firms from reinvesting their profits, even when bank loans are available. Where property rights are relatively strong, firms reinvest their profits; where they are relatively weak, entrepreneurs do not want to invest from retained earnings.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. Endogenous property rights

    NARCIS (Netherlands)

    Dari-Mattiacci, G.; Guerriero, C.

    2014-01-01

    Albeit the relevance of property rights is well known, their determinants are still poorly understood. When property is fully protected, some buyers with valuation higher than that of original owners are inefficiently excluded from trade due to transaction costs. When protection of property is weak,

  20. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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...

  5. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen

    2011-01-01

    Studies of land property rights usually focus on tenure security and transfer rights. Rights to determine how to use the land are regularly ignored. However, user rights are often limited. Relying on a unique Vietnamese panel data set at both household and plot levels, we show that crop choice...... restrictions are widespread and prevent crop diversification. Restrictions do not decrease household income, but restricted households work harder, and there are indications that they are supplied with higher quality inputs. Our findings are consistent with the view that it is possible to intervene effectively...

  6. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen

    Studies of land property rights usually focus on tenure security and transfer rights. Rights to determine how to use the land are regularly ignored. However, in transition economies such as Vietnam and China, user rights are often limited. Relying on a unique Vietnamese panel data set at both...... household and plot level, we show that crop choice restrictions are widespread and prevent crop diversification. Restrictions do not decrease household income, but restricted households work harder, and there are indications that they are supplied with higher quality inputs. Our findings are consistent...

  7. 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

  8. 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…

  9. 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...

  10. 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...

  11. 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

  12. 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)

  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. 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...

  15. Human rights and intellectual disabilities in an era of 'choice'.

    Science.gov (United States)

    Fyson, R; Cromby, J

    2013-12-01

    Efforts to uphold and promote the human rights of people with intellectual disabilities (ID) are being affected by the increasing emphasis on 'choice' in the delivery of social care services. While rights presume subjects or selves to whom they apply, there is a disconnect between the subjects presumed within human rights frameworks and the variable capacities of a heterogeneous ID population. This disconnect is amplified by choice discourses which characterise current service provision based upon neoliberal ideologies. Conceptual assumptions and theoretical positions associated with human rights in relation to people with ID are critically examined. The analysis results in an argument that current conceptualisations of personhood in relation to human rights exclude people with ID. The adverse effects of this exclusion are exacerbated within services which emphasise the permissive rights associated with a neoliberal agenda of 'choice' over protective rights. In order to ensure that the human rights of people with ID are upheld, neoliberal emphases on choice need to be tempered and a more nuanced and inclusive notion of personhood in relation to universal human rights needs to be adopted. © 2012 The Authors. Journal of Intellectual Disability Research © 2012 John Wiley & Sons Ltd, MENCAP & IASSID.

  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 protection for brand Jamaica’s creative industries

    Directory of Open Access Journals (Sweden)

    Keisha LaRaine Ingram

    2014-10-01

    is globally known for. This research seeks to uncover the extent to which intellectual property protection is important for the social and economic development of Brand Jamaica’s creative industries.Design/methodology/approach – first, it presents a theoretical analysis of scientific literature and monographs on good country brand management and country brand property, as well as the objects of intellectual property that are applicable to good country brand management pursuant to the research. Secondly, the official web page of the World Intellectual Property Office comprising many articles regarding the Economics of Intellectual Property was referenced for this research. New data from survey questionnaires are presented and will test the hypotheses raised. The hypotheses raised explore the influencers that create value for country brands with strong intellectual property rights legislation. From that perception, two hypotheses are made:H1: Trademarks, industrial designs, copyrights and other objects of intellectual property protect Brand Jamaica.H2: Trademarks, industrial designs, copyrights and other objects of intellectual property protection create value for Brand Jamaica.Findings – enforced intellectual property rights indeed create possibilities for country brands, such as Brand Jamaica. This protection is enormous, especially in cyberspace as a branded e-commerce website portal. A branded website portal is ideal for online forums and building brand awareness necessary for its promotion. The findings further indicate that there is a direct relationship between country brand value and intellectual property protection.Research Limitations/Implications – current intellectual property protection is not actively enforced for Brand Jamaica since the right to copyright and trademark the brand by its governing state Jamaica, are withheld by the Paris Convention; as a result the resources needed to protect brand Jamaica against infringement are absent, and

  18. 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...

  19. 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...

  20. 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 ...

  1. Judicial Protection of Private Property Rights in Ethiopia: Selected ...

    African Journals Online (AJOL)

    Hailu_Elias_&_Muradu

    Property Rights Protection and Private Sector Development in Ethiopia” which was .... Even if land has come under public ownership in Ethiopia since 1975, these ... may be capital contributions and in effect, the ownership of the use right over ..... Ethiopian Intellectual Property Office (EIPO) did not hesitate to register this.

  2. 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.

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

    Directory of Open Access Journals (Sweden)

    Paul-George BUTA

    2017-05-01

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

  4. 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...

  5. 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

  6. 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.

  7. Making and Breaking Property Rights

    DEFF Research Database (Denmark)

    Justesen, Mogens Kamp

    2015-01-01

    This paper analyzes why some governments protect property rights while others do not. Although institutional constraints may affect government incentives to protect property rights, the paper emphasizes that different political institutions have dissimilar effects. Coalition institutions that make...... governments accountable to large groups in society are particularly important, whereas division of powers between veto players is hypothesized to have more ambiguous effects on property rights. Empirical analyses of panel data support the proposition that coalition institutions matter for property-rights...

  8. 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...

  9. Measuring Institutions: Indicators of Political and Property Rights in Malawi

    Science.gov (United States)

    Fedderke, Johannes; Garlick, Julia

    2012-01-01

    This paper constructs a new set of institutional indicators for Malawi. We develop indicators of political rights, of freehold, traditional (communitarian) and intellectual property rights, based on the Malawian legislative framework. In exploring the association between our rights measures and a range of indicators of socio-economic development,…

  10. 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.

  11. 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...

  12. 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.

  13. 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

  14. 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 ...

  15. 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 ...

  16. 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...

  17. 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...

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

    OpenAIRE

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

    2001-01-01

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

  19. 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.

  20. What Is Right? Ethics in Intellectual Disabilities Research

    Science.gov (United States)

    McDonald, Katherine E.; Kidney, Colleen A.

    2012-01-01

    There are important benefits to including adults with intellectual disabilities in research. Calls for their increased participation in research co-occur with notable discussion about how to conduct ethically strong research with adults with intellectual disabilities, a population widely considered vulnerable in the context of research. The…

  1. Property rights institutions and investment

    OpenAIRE

    Saleh, Jahangir

    2004-01-01

    This paper examines the channels through which alternative property rights institutions affect investment. These institutions are defined by a society's enforced laws, regulations, governance mechanisms and norms concerning the use of resources. A transaction cost framework is used to analyze the incentive impact of various types of property rights, liability rules, and rules regarding con...

  2. 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.

  3. 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.

  4. 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.

  5. Property rights, productivity and common property resources

    DEFF Research Database (Denmark)

    Markussen, Thomas

    2008-01-01

    This paper uses data from the 2003/04 Cambodia Household Socioeconomic Survey to investigate the effects of property rights to land. Plots held with a paper documenting ownership in rural Cambodia are found to have higher productivity and land values than other plots, while property rights have...

  6. 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...

  7. 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.

  8. Property Rights, Finance, and Entrepreneurship

    OpenAIRE

    Simon Johnson; John McMillan; Christopher Woodruff

    1999-01-01

    Is investment constrained more by insecure property rights or by limited external finance? For five transition economies in Eastern Europe and the former Soviet Union we find that weak property rights limit the reinvestment of profits in startup ma nufacturing firms. Access to credit does not appear to explain differences in investment. At least in the early stages of post-communist reform, retained earnings appear to have been enough to finance the investments that managers wanted to make.

  9. Property Rights, Restrictions and Responsibilities

    DEFF Research Database (Denmark)

    Enemark, Stig

    more to a social, ethical commitment or attitude to environmental sustainability and good husbandry. This paper provides an overall understanding of the concept of land administration systems for dealing with rights, restrictions and responsibilities in future spatially enabled government. Finally......Land Administration Systems are the basis for conceptualizing rights, restrictions and responsibilities related to people, policies and places. Property rights are normally concerned with ownership and tenure whereas restrictions usually control use and activities on land. Responsibilities relate...

  10. 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...

  11. 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 ...

  12. 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)

  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. Fiduciary transfer of property rights

    Directory of Open Access Journals (Sweden)

    Đurđić Tamara

    2011-01-01

    Full Text Available Fiduciary transfer of property rights for the purpose of loan security represents the non-possessory form of collateral, which experiences renaissance in the comparative law. It is a complex legal institute, which is subject to numerous concerns and can be viewed from different perspectives, due to the large number of its specific features - non typical for the Continental European legal systems. The paper discusses disputed issues related to defining the causa, as well as the legal grounds, for fiduciary transfer of property rights, its legal nature and the justification thereof. Aiming at more adequate understanding of this complex Property Law institute and finding satisfactory answers to some of the disputed issues the legal theory has opened, the author analyses provisions of current legislation in Montenegro, which was the first country in the Region to regulate this non-possessory form of collateral.

  16. ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Ruxandra I. CHIRU

    2017-05-01

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

  17. 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...

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

    Directory of Open Access Journals (Sweden)

    Claire E. Brolan

    2018-02-01

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

  19. 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.

  20. 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...

  1. 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…

  2. 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...

  3. Mind the Gap: The Human Rights of Children with Intellectual Disabilities in Egypt

    Science.gov (United States)

    Gobrial, E.

    2012-01-01

    Background: Children with intellectual disabilities (IDs) have the same human value as other children and are entitled to their basic human rights. And yet, in developing countries they face many barriers to accessing these rights. This study focuses on children with IDs in Egypt. Method: A new measure, the Human Rights of children with…

  4. 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.

  5. 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...

  6. 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…

  7. 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…

  8. 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

  9. 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.

  10. 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…

  11. 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.

  12. 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

  13. 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.

  14. Rights Discourses in Relation to Education of People with Intellectual Disability: Towards an Ethics of Care that Enables Participation

    Science.gov (United States)

    Mckenzie, Judith Anne; Macleod, Catriona Ida

    2012-01-01

    In this paper we argue that human rights approaches for intellectually disabled people have failed to recognise the complexity of rights claims made by and on behalf of this group. Drawing on a research project into discourses of education for intellectually disabled people in the Eastern Cape, South Africa we discern three rights discourses;…

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

    Directory of Open Access Journals (Sweden)

    Stalin Ballesteros García

    2016-12-01

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

  16. 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.

  17. Health Advocacy: A Vital Step in Attaining Human Rights for Adults with Intellectual Disability

    Science.gov (United States)

    Brolan, C. E.; Boyle, F. M.; Dean, J. H.; Gomez, M. Taylor; Ware, R. S.; Lennox, N. G.

    2012-01-01

    Background: People with intellectual disability (ID) experience health inequity compared with the general population, a key contributing factor being disparities in social determinants of health. The enactment of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) provides a platform for the progression and promotion of…

  18. Experiencing Rights within Positive, Person-Centred Support Networks of People with Intellectual Disability in Australia

    Science.gov (United States)

    Hillman, A.; Donelly, M.; Whitaker, L.; Dew, A.; Stancliffe, R. J.; Knox, M.; Shelley, K.; Parmenter, T. R.

    2012-01-01

    Background: This research describes issues related to human rights as they arose within the everyday lives of people in nine personal support networks that included adult Australians with an intellectual disability (ID). Method: The research was part of a wider 3-year ethnographic study of nine personal support networks. A major criterion for…

  19. The Human Rights Context for Ethical Requirements for Involving People with Intellectual Disability in Medical Research

    Science.gov (United States)

    Iacono, T.; Carling-Jenkins, R.

    2012-01-01

    Background: The history of ethical guidelines addresses protection of human rights in the face of violations. Examples of such violations in research involving people with intellectual disabilities (ID) abound. We explore this history in an effort to understand the apparently stringent criteria for the inclusion of people with ID in research, and…

  20. Mechanisms for development of property rights institutions

    Directory of Open Access Journals (Sweden)

    Žarković Jelena

    2006-01-01

    Full Text Available The institution of property rights is increasingly recognized as an essential building block of an economically prosperous society. The question that remains unsolved, however, is how do we develop effective property rights institutions? The literature dealing with the development of property rights tends to be, in general, an optimistic one since there is a tendency to view the design of property rights institutions as maximizing decisions to economize on transaction costs and to facilitate new economic activities. On the other hand, since property rights define the distribution of wealth and political power in a society, changes in property rights structures are likely to be influenced by more than pure efficiency considerations. Therefore, in order to achieve a balanced analysis of the evolution of property rights institutions, the model of endogenous property rights creation should be modified. We did that by introducing the neoinstitutional theory of the state in the model.

  1. 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...

  2. ELECTRONIC PUBLISHING AND THE EVOLVING INTERNATIONAL INTELLECTUAL PROPERTY REGIME

    OpenAIRE

    D. Langenberg

    2000-01-01

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

  3. 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...

  4. 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...

  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. Rents in property rights creation and implementation

    Directory of Open Access Journals (Sweden)

    Žarković Jelena

    2006-01-01

    Full Text Available The institution of property rights is increasingly being recognized as an essential building block of an economically prosperous society. The question that remains unanswered however, is how do we develop effective property rights institutions? The literature dealing with the development of property rights tends to be, in general, overly optimistic since there is a tendency to view the design of property rights institutions as optimizing decisions to economize on transaction costs and to facilitate new economic activities. On the other hand, since property rights define the distribution of wealth and political power in a society changes in property rights structures are likely to be influenced by more than pure efficiency considerations. Therefore, in order to achieve a balanced analysis of the evolution of property rights institutions our article introduces the state in the whole process. Following the propositions of the interest group theory of government we show an important relationship between rent seeking and state involvement in property rights creation. The state with a coercive power to establish and enforce property rights can also use that power, through the process of economic regulation, to redistribute property rights to politically influential interest groups. Herein lies the state failure in property rights creation.

  7. Is Education a Fundamental Right? People's Lay Theories About Intellectual Potential Drive Their Positions on Education.

    Science.gov (United States)

    Savani, Krishna; Rattan, Aneeta; Dweck, Carol S

    2017-09-01

    Does every child have a fundamental right to receive a high-quality education? We propose that people's beliefs about whether "nearly everyone" or "only some people" have high intellectual potential drive their positions on education. Three studies found that the more people believed that nearly everyone has high potential, the more they viewed education as a fundamental human right. Furthermore, people who viewed education as a fundamental right, in turn (a) were more likely to support the institution of free public education, (b) were more concerned upon learning that students in the country were not performing well academically compared with students in peer nations, and (c) were more likely to support redistributing educational funds more equitably across wealthier and poorer school districts. The studies show that people's beliefs about intellectual potential can influence their positions on education, which can affect the future quality of life for countless students.

  8. PROPERTY. ABSOLUT RIGHT. SOCIAL FUNCTION

    Directory of Open Access Journals (Sweden)

    Lucia Maria COŞTIUG

    2016-07-01

    Full Text Available The article presents the opinion according to which today we can speak rather of a relative character of ownership, while the social function of it is ever more present and the rights of the owner are subject to multiple legal requirements and limited in order to meet general interests of the community.

  9. Coasian and Modern Property Rights Economics

    DEFF Research Database (Denmark)

    Foss, Kirsten; Foss, Nicolai

    2015-01-01

    Laying the foundations of property rights economics stands out among Ronald Coase's many seminal contributions. This approach had an impact on a number of fields in economics in, particularly, the 1960s and 1970s. The modern body of property rights economics mainly originates in the work Oliver...... Hart and is quite different in style, scope, and implications from the original property rights economics of Coase, Demsetz, Alchian, Cheung, Umbeck, Barzel, etc. Based on our earlier work on the subject (Foss and Foss, 2001), we argue that the change from Mark I to Mark II property rights economics...... led to a substantial narrowing of the scope of property rights economics, somewhat akin to a Kuhnian loss of content. In particular, Mark II property rights economics make strong assumptions concerning the definition and enforcement of ownership rights made which lead to many real life institutions...

  10. 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

  11. CONSERVATISM IN A POAST-SOCIALIST COUNTRY: THE INTELLECTUAL ELITE AND THE EXTREME RIGHT IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Valentin Quintus NICOLESCU

    2016-06-01

    Full Text Available My paper focuses on the sensitive point of intersection between the far-right orthodox autochthonous conservative school of thought and the pluralist, European center-right Popular ideology in the case of the contemporary Romanian conservative intellectual elite. How this tension does shape the conservative discourse in contemporary Romania? This issue becomes especially relevant within the particular post-socialist political and ideological context of Romania. In the years following the 1989 Revolution, the Romanian the dominant discourse of the anticommunist intellectuals turned towards the right. Major figures, like Andrei Pleşu and Gabriel Liiceanu inspired an ideological turn towards an autochthonous conservative school of thought that originated in the 19th century and which reached a peak during the interwar period with the nationalist ideological strand that, amongst other things, inspired the far-right Legionar Movement. During that period a particular name comes to attention, that of Constantin Noica. Persecuted by the communist authorities, he managed to organize a small group of philosophers that will later be known as “the Păltiniş School”. Amongst the young people recruited were the above mentioned Pleşu and Liiceanu. After 1989 they embarked in a series of various projects that encouraged the emergence of a strong group of young right-wing orthodox conservative intellectuals currently associated with the Christian-democrat strand within the Romanian Popular movement. In order to reach my research goal, I will analyze the contemporary Romanian conservative discourse, mainly relying on published texts, interviews and opinion pieces of the most representative intellectuals of this ideological strand.

  12. Is education a fundamental right? People's lay theories about intellectual potential drive their positions on education

    OpenAIRE

    Savani, K; Rattan, A; Dweck, C S

    2017-01-01

    Does every child have a fundamental right to receive a high quality education? We propose that people’s beliefs about whether “nearly everyone” or “only some people” have high intellectual potential drive their positions on education. Three studies found that the more people believed that nearly everyone has high potential, the more they viewed education as a fundamental human right. Further, people who viewed education as a fundamental right, in turn, (1) were more likely to support the inst...

  13. Intellectual disability rights and inclusive citizenship in South Africa: What can a scoping review tell us?

    Science.gov (United States)

    2018-01-01

    Background Intellectual disability (ID) is the most prevalent disability in the world. People with intellectual disability (PWID) frequently experience extreme violations of numerous human rights. Despite greater prevalence in South Africa than in high-income countries, most ID research currently comes from the Global North. This leaves us with few contextually sensitive studies to draw from to advance inclusive citizenship. Objectives Our scoping review aims to investigate pertinent ID rights issues in South Africa, synthesise quantitative and qualitative studies, and provide a synopsis of available evidence on which to base future work. We aim to clarify key concepts, address gaps in the literature and identify opportunities for further research. Method We followed strict eligibility criteria. Medical subject heading terms were entered into seven databases. Seven reviewers worked independently, two per paper. Quantitative and qualitative data extraction forms were designed. We followed Preferred Reporting Items for Systematic Review and Meta-Analysis (PRISMA) guidelines and registered a protocol. An inductive approach enabled a thematic analysis of selected studies. Results By following PRISMA guidelines, 82 studies were assessed for eligibility of which 59 were included. Ten sub-themes were integrated into four main themes: the right not to be discriminated against, the right to psychological and bodily integrity, the right to accommodating services and challenges to rights implementation. Conclusion People with intellectual disability face compound difficulties when trying to assert their constitutionally entitled rights. This ongoing project requires serious commitment and action. Statutory obligations to nurture every South African’s human rights naturally extend to PWID and their supporters who forge ahead in a disabling environment. PMID:29850438

  14. 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

  15. 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.

  16. 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.

  17. 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.

  18. 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...

  19. 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...

  20. Human rights of children with intellectual disabilities: comparing self-ratings and proxy ratings.

    Science.gov (United States)

    Huus, K; Granlund, M; Bornman, J; Lygnegård, F

    2015-11-01

    A child rights-based approach to research articulates well with Article 12 of the United Nations Convention on the Rights of the Child (CRC) and highlights the importance and value of including children's own views about aspects that concern them. The aim of this study is to compare children with intellectual disability's own ratings (as self-raters) to those of their primary caregivers (as proxy raters) regarding human rights of children. The study also aims to establish whether there is an inter-rater agreement between the self-raters and proxy raters concerning Maslow's hierarchy of needs. This study is nested in a larger study examining the human rights of children with intellectual disability in South Africa. In total, 162 children with intellectual disability from 11 schools across three provinces and their primary caregivers participated by answering parts of a Children's Rights Questionnaire (CRQ) developed by the researchers based on the United Nation's CRC. We compared the answers for six questions in the questionnaire that were addressed to self-raters (children) and proxy raters (primary caregivers) in the same way. Questions regarding basic needs, such as access to clean water or whether the child had food to eat at home, were answered similarly by self-raters and proxy raters. Larger differences were found when self-raters and proxy raters were asked about whether the child had things or friends to play with at home. Socio-economic variables seemed to affect whether self-raters and proxy raters answered similarly. The results underscore the importance of promoting children's rights to express themselves by considering the opinions of both the children as self-raters and their primary caregivers as proxy raters - not only the latter. The results indicate that it is especially important to include children's own voices when more complex needs are surveyed. Agreement between self- and proxy ratings could be affected by socio-economic circumstances.

  1. Financial development, property rights, and growth

    OpenAIRE

    Claessens, Stijn; Laeven, Luc

    2002-01-01

    The authors analyze how property rights affect the allocation of firms' available resources among different types of assets. In particular, they investigate empirically for a large number of countries whether firms in environments with more secure property rights allocate available resources more toward intangible assets and consequentially grow faster. The authors find that improved asset...

  2. THE LEGAL PROTECTION OF THE PROPERTY RIGHT

    Directory of Open Access Journals (Sweden)

    Anda CRISU-CIOCÎNTĂ

    2015-04-01

    Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

  3. 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...

  4. 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.

  5. 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.

  6. 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...

  7. Democracy, property rights, income equality, and corruption

    OpenAIRE

    Dong, Bin; Torgler, Benno

    2011-01-01

    This paper presents theoretical and empirical evidence on the nexus between corruption and democracy. We establish a political economy model where the effect of democracy on corruption is conditional on income distribution and property rights protection. Our empirical analysis with cross-national panel data provides evidence that is consistent with the theoretical prediction. Moreover, the effect of democratization on corruption depends on the protection of property rights and income equality...

  8. The Transfer of Property Rights by Theft

    DEFF Research Database (Denmark)

    Rose, Caspar

    2005-01-01

    jurisdictions treat this issue differently. The traditional theory suggests that there is a tradeoffbetween the costs of protecting the good and the costs of verifying the ownership. However, asshown, the rule of law concerning this issue significantly affects parties' incentives. Specifically, itis shown...... the ownership when good faith is decisive for the transfer of property rights.JEL Classification: K11, K14 and K42Keywords: property right law, theft, good faith and game theory...

  9. Expiration of private property rights: a note

    Directory of Open Access Journals (Sweden)

    Walter E. Block

    2015-05-01

    Full Text Available According to libertarian law, upon what occasions may a person’s private property rights in goods, commodities, in himself, be alienated from him? The present paper is an attempt to wrestle with this question. We consider abandonment, punishment, salvage, misplacement, liberation of property.

  10. 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...

  11. 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

  12. 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.

  13. Rights-Based and Person-Centered Approaches to Supporting People with Intellectual Disability: A Dialectical Model

    Science.gov (United States)

    Glicksman, Stephen; Goldberg, Chaim; Hamel, Corey; Shore, Ryan; Wein, Avraham; Wood, Daniel; Zummo, Joseph

    2017-01-01

    Protecting human rights has increasingly become a focus of regulation regarding individuals with Intellectual Disability (ID). While this focus on rights has succeeded in protecting people with ID from many of the most insidious abuses of the past, an over-emphasis on the human rights of people with ID while ignoring other aspects of their…

  14. 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.

  15. General Motors China versus Chery: Disputes Over Intellectual Property Rights

    OpenAIRE

    Shengjun Liu; Juan Antonio Fernandez

    2007-01-01

    Chery, a Chinese domestic car maker, launched a new mini car model, the QQ in July 2003. This was several months earlier than the planned launch date for General Motor (GM)'s new mini car, the Chevrolet Spark. The QQ looked very similar to the Chevrolet Spark but was priced much cheaper. GM claimed that the Chery QQ was a knockoff of the Matiz, a model owned by GM Daewoo. To make matters worse for GM, Chery was aggressively expanding into other countries where GM had a presence. The case was ...

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

    Science.gov (United States)

    2009-05-28

    the level of market-based incentives they offer for R&D. • Type I diseases (“chronic diseases”), such as cancer, diabetes , and cardiovascular... diabetes , and asthma may be subject to patents.44 Critics of the TRIPS Agreement maintain that implementation of the agreement will affect...customs authorities temporarily halted shipments of generic medicines manufactured in India and in transit to Colombia and Peru via the Netherlands

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

    African Journals Online (AJOL)

    The majority of the population in developing nations depends on agriculture. Agricultural biotechnology involves genetic modification and promises a number of important benefits, such as improving agricultural yields by increasing the resistance of crops to pests and facilitating them to flourish in harsh natural environments ...

  18. Parallel trade, pharmaceutical innovation, and intellectual property rights

    OpenAIRE

    Tabata, Ken; Shinkai, Tetsuya; Tanaka, Satoru; Okamura, Makoto

    2005-01-01

    This paper examines how the parallel trade influences the pharmaceutical innovation and welfare. We consider the case where one monopolist in the home potentially sells in the both domestic and foreign markets with different price elasticities of demand. As relevant in the pharmaceutical context, the price of a good sold in the foreign country is determined by the negotiation between the firm and the foreign government. When the parallel trade is allowed, this negotiated foreign price also be...

  19. Essays on the Economics of Intellectual Property Rights

    OpenAIRE

    Kiema, Ilkka

    2008-01-01

    Väitöskirjassani tarkastelen informaatiohyödykkeiden ja tekijänoikeuksien taloustiedettä kahdesta eri perspektiivistä. Niistä ensimmäinen kuuluu endogeenisen kasvuteorian alaan. Väitöskirjassani yleistän ”pool of knowledge” -tyyppisen endogeenisen kasvumallin tilanteeseen, jossa patentoitavissa olevalla innovaatiolla on minimikoko, ja jossa uudenlaisen tuotteen patentoinut yritys voi menettää monopolinsa tuotteeseen jäljittelyn johdosta. Mallin kontekstissa voidaan analysoida jäljittelyn ja i...

  20. 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...

  1. CBP Intellectual Property Rights (IPR) Annual Seizure Statistics

    Data.gov (United States)

    Department of Homeland Security — Products that infringe on U.S. trademarks, copyrights, and patents threaten the health and safety of American consumers,our economy, and our national security. U.S....

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

    Science.gov (United States)

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

    2017-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Johan Söderberg

    2012-01-01

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

  4. Property rights in human gametes in Australia.

    Science.gov (United States)

    White, Vanessa

    2013-03-01

    It has long been a basic tenet of the common law that there can be no property interest in human bodies or body parts. However, exceptions to the rule have been recognised from the mid-19th century and developed over time. In the early 21st century, there have been interesting developments in the common law of Australia and England, with Australian Supreme Court judges and the English Court of Appeal casting aside existing exceptions, and finding property rights in human body parts, including gametes, by relying instead on a "rational" and "logical" basis to identify property interests in human body parts.

  5. 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.

  6. 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.

  7. The awareness of primary caregivers in South Africa of the human rights of their children with intellectual disabilities.

    Science.gov (United States)

    Huus, K; Dada, S; Bornman, J; Lygnegård, F

    2016-11-01

    Besides the right to freedom, human rights can be seen as a basic requirement also for the maintenance of human dignity and the opportunity to thrive - particularly in the case of children with disabilities. It is imperative to explore primary caregivers' awareness of the human rights of their children with intellectual disabilities in view of the role they may play in either facilitating or restricting these rights. This paper explores the awareness of 219 primary caregivers of the human rights of their children with intellectual disabilities. A descriptive survey design was used with a custom-designed questionnaire that employed a deductive content analysis based on the articles of the United Nations Convention on the Rights of a Child. Comparisons were drawn between the awareness of primary caregivers from urban and those from rural areas. The majority (85.5%) of participants agreed that their child with intellectual disability had rights. Three broad kinds of right were mentioned (in descending order): provision rights, protection rights and participation rights. Participants from both urban and rural areas mentioned education (a provision right) most frequently. However, participants from urban areas were more aware of the different rights that existed than were their counterparts from rural areas. Primary caregivers in both rural and urban areas are aware of the rights of their children with disabilities, although there are significant differences between them. © 2016 John Wiley & Sons Ltd.

  8. Public health innovation and intellectual property rights: report of the Commission on Intellectual Property Rights, Innovation and Public Health

    National Research Council Canada - National Science Library

    Dreifuss, Ruth

    2006-01-01

    ..., pharmaceutical companies, scientists and other stakeholders to consider how diseases which disproportionately affect developing countries could best be addressed, and to seek solutions. Our terms of reference made it clear that the focus of our enquiry should be the development of new diagnostics, vaccines and medicines to treat these diseases. But w...

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

    Directory of Open Access Journals (Sweden)

    IONELA BĂLŢĂTESCU

    2014-05-01

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

  10. 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.

  11. 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)

  12. 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

  13. 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...

  14. 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

  15. 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...

  16. 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…

  17. Between Civil Rights and Property Rights: Debating the Selective ...

    African Journals Online (AJOL)

    What is framed as political contestation today is a culmination of abuses of human rights, including political, civil, social and economic rights. Using a historical analysis, this article points out that there has been selective amnesia in Zimbabwe's human rights discourse, and argues for the equal treatment of civil and political ...

  18. Rights and quality of life of individuals with intellectual disability and extensive support needs

    Directory of Open Access Journals (Sweden)

    Patricia NAVAS MACHO

    2018-04-01

    Full Text Available People with intellectual (ID and developmental disabilities who have generalized or extensive support needs constitute a particularly vulnerable group that has traditionally experienced situations of exclusion. Despite this, their situation has not been a priority subject of study nor have there been specific developments in social policy to respond to their needs, which can be translated into an absence of interest in knowing the reality of these group, difficulties to guarantee the fulfillment of their rights, and lack of initiative aimed to achieve their full inclusion in society. Is therefore necessary to undertake different actions, translated into objectives of the present work: to explore and synthesize existing data on this group in our country; to detect their needs and their fulfillment; and to propose evidence-based guidelines to ensure their well-being and rights. For this purpose, the methodology used consisted of: (a a review of the most relevant scientific literature of the last ten years on ID and extensive support needs; and (b the analysis of the results yield by two national surveys carried out in Spain: the Disability, Independence, and Dependency Situations survey, EDAD (INE, 2008, and the System for Autonomy and Care for Dependency, SAAD (IMSERSO, 2016, among others. Considering the disparities observed within this group, urgent lines of action are highlighted, which are aimed to improve the knowledge about the living conditions of people with more significant ID and drive better practices in the provision of supports to this group.

  19. Report on `Survey of commercialization of intellectual ownership such as patent rights`; `Tokkyoken nado chiteki shoyuken no jitsuyoka ni kansuru chosa` hokokusho

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-03-01

    A survey was conducted on research results in industrial circles, universities, etc. in the U.S., Europe and Japan, especially the state of how intellectual ownership such as patent rights is handled and the present situation of the commercialization of intellectual ownership, proposing problems and measures to be taken for promotion of practical use of excellent research results in Japan. The most important thing obtained from the survey is that study jointly by industrial circles and universities in the U.S. and Europe is much more advancing than that in Japan and is firmly established not only in industrial circles, universities and national research institutes, but in the whole society, actually producing a lot of favorable results. For Japan to catch up with the U.S. and Europe, needed is not only accumulation of the ideas in the past, but drastic measures to be taken from a new point of view. Concretely, it was proposed that by belonging intellectual properties such as patent rights to universities/research institutes and transferring their disposal rights to them, royalties of licenses are given back to inventors as incentives, and that as a body promoting the transfer to the industrial circle, `management organization` to which private vitality is introduced is established in universities/research institutes in order to promote interconnection between the industrial circle and universities. 15 refs., 35 figs., 36 tabs.

  20. The Impact of Inclusive Education (IE) on the Rights of Children with Intellectual Disabilities (IDs) in Chegutu

    Science.gov (United States)

    Mapuranga, Barbra; Dumba, Oswald; Musodza, Blessing

    2015-01-01

    This study investigated the impact of Inclusive Education (IE) on the rights of children with Intellectual Disabilities in schools around Chegutu. The qualitative case study method was used for the research. Questionnaires and interviews were used to collect data from schools around Chegutu. Random sampling was used to choose the sample group from…

  1. 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.

  2. 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.

  3. 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

  4. 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....

  5. 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.

  6. 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.

  7. 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

  8. 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.

  9. Legal aspects of Blockchain`s technology applicability for registration of intellectual rights

    Directory of Open Access Journals (Sweden)

    Novoselova Lyudmila

    2018-01-01

    Full Text Available This article describes systems of accounting for the results of creative work, reveals possibilities for Blockchain`s technology applicability for providing information about the protected results of intellectual activity and their inclusion in the turnover (commercialization. Legal mechanisms play an important role for successful implementation of the opportunities which form the basis of this technology. It also requires addressing the unjustified legal obstacles for applicability of the technology and, at the same time, deciding which includes the technology into established legal mechanisms. Authors analyze the main issues which may arise when including the results of intellectual activity into accounting systems based on Blockchain technologies.

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

    Science.gov (United States)

    Tokoro, Tetsuro; Habuchi, Hitoe; Chonan, Isao

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

  11. Service Development for Intellectual Disability Mental Health: A Human Rights Approach

    Science.gov (United States)

    Evans, E.; Howlett, S.; Kremser, T.; Simpson, J.; Kayess, R.; Trollor, J.

    2012-01-01

    Background: People with intellectual disability (ID) experience higher rates of major mental disorders than their non-ID peers, but in many countries have difficulty accessing appropriate mental health services. The aim of this paper is to review the current state of mental health services for people with ID using Australia as a case example, and…

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

    Directory of Open Access Journals (Sweden)

    Luciana Goulart Oliveira

    2010-09-01

    copyright involved in all the media they have in hands, specially when they are virtual. So, this paper will deal with the new characteristics demanded for the information professional, which comprises, at least: a be pro-active; b have a comprehensive approach on leadership, finances, communication and technical management, in order to best get, use and organize the information; c be strongly acquainted with information technologies and how databases are structured and work; dunderstand the scientific methods of research and have the capacity to analyze and filter literature in databases; ehave a researcher and planned attitude, because he is going to understand technical and scientific information when dealing with patents, trademarks, utility models, geographical indications and others; e be a multidisciplinary professional, able to understand the “talk of every man in the vast world”; e learn how to make “technical” searches in public and private databases in order to help students and teachers in their work; f understand the legislative complex of laws governing the rights involved in the world of research and intellectual property. These conditions are in line with the diversity encountered as the reality and there is no longer time to comply with curricula not adjusted to it. The proposed paper will present a curricula that could preview 2 or 3 semesters of subjects, performed during the complete course, to accomplish and training future professionals for this context. The discussion with other specialists dealing with intellectual property, education and methodology of distance learning will promote an interchange of visions ant the best approaches to each education entity. It is important to give to this new students a base to promote a high understand and possibility to be included as an integral specialist.

  13. The cadastral registration of the property right

    Directory of Open Access Journals (Sweden)

    D.-G. IONAȘ

    2017-12-01

    Full Text Available Real rights are subjective patrimonial rights which provide the holder with the right to directly exercise certain prerogatives over a determined good. Real rights over immobile goods, registered in the cadastral register are called tabular rights. Cadastral registration is that certain form of registration by which a real right over an immobile good is acquired, changed or ended, from the time de registration request is filed. At this time, registration in the cadastral register provides the opposability effect, as the constitutive effect is suspended until the cadastral works are finalized and new cadastral registers are created for each administrative unit.

  14. "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...

  15. 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.

  16. 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...

  17. 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...

  18. 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 ...

  19. 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...

  20. 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...

  1. 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…

  2. 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…

  3. 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

  4. 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

  5. Below the radar innovations and emerging property right approaches in Tibetan medicine.

    Science.gov (United States)

    Madhavan, Harilal

    2017-11-01

    Outside the established legal framework of intellectual property rights, countries have pursued multiple pathways to protect and promote traditional medicine. As Tibetan medicine is a late entrant into commercialization, the proposals to propertize generally fall within the rationale of existing sui-generis paradigms of Intellectual property. In this context, the article enquires the state of innovations in this sector viz-a-viz the property right approaches in place especially in India and China. It argues that beyond the usual complex medical science and technology led-innovations, the pathways of cumulative processes and creative additions through informal experiential learning platforms, where the transfers of knowledge become part of livelihood and social benefits (we call them "below the radar innovations") is ubiquitous in Tibetan medicine. The trends and politics in two recent strategies of protection, that is, Tibetan medicine as economic property (emphasizing patents here among many others) and as a cultural property (intangible cultural heritage) are juxtaposed with these informal innovative attempts. The paper underlines that the productivity-based economic rationale of these protection mechanisms should not obscure sustainability alternatives of "below the radar" (BtR) innovations in Tibetan medicine.

  6. 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

  7. 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…

  8. Property Rights in Women's Empowerment in Rural India: A Review

    OpenAIRE

    Roy, Kartik C.; Tisdell, Clement A.

    2000-01-01

    This paper examines the importance of property rights in women’s empowerment in rural India. Arguments justifying the need for granting property rights to women are presented and the distinction is made between legal (formal) and customary (informal) rights. The ineffectiveness of legal right in absence of customary rights has been discussed. Customary rights also become ineffective due to other institutional impediments. These impediments have been discussed. The results of extensive field w...

  9. What Intellectual Property lawyers can Learn from Barbra Streisand ...

    African Journals Online (AJOL)

    ... lawyers can Learn from Barbra Streisand, Sepp Blatter, and the "Coca-Cola ... rights; Overly-aggressive enforcement; Rights holder over-reach; Litigation strategy; ... 'Trademark extortion'; 'Duty to police'; Streisand effect; Ambush marketing.

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

    Science.gov (United States)

    Doldirina, Catherine

    2010-09-01

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

  11. Self-determination of individuals with intellectual disability as an educational goal and basic right: The status of the issue

    Directory of Open Access Journals (Sweden)

    Araceli Arellano Torres

    2013-07-01

    Full Text Available Results of research suggest that self-determination is one of the variables that determine, in part, the quality of life of people with intellectual disabilities and their recognition as equal members of society. This paper presents a summary of the main ideas about this construct: factors that enable the origin and development of this movement, conceptual models, assessment tools and suggestions for intervention. To do this, we have performed an exhaustive review of the literature. Efforts to promote this basic right let us to state that self-determination is no longer a wish but it has become a reality.

  12. Nudge, nudge, wink, wink: love, sex and gay men with intellectual disabilities - a helping hand or a human right?

    Science.gov (United States)

    Abbott, D

    2013-11-01

    How do human rights help us with the experiences of people with intellectual disabilities (ID) who face discrimination and barriers in their sexual lives? Men with ID who are gay face a whole range of rights violations when it comes to exercising their sexual identity. How can such a seemingly marginalised group draw on rights based claims for better and equal treatment? This paper explores how the power of men's own stories may usefully challenge prevailing social norms and in turn strengthen human rights claims in this area. It also reflects on the challenges posed to such an agenda by current economic difficulties and changes in the organisation of adult social care in the UK. The paper draws on empirical research with gay men with ID completed in the UK in 2005 and briefly revisits some key messages from the data. It also considers the wider literature on the power and possibilities of human rights, 'intimate stories' and translating human rights into everyday change. Gay men with ID tell powerful stories of love, longing and exclusion. Such stories have the capacity to transform wider social attitudes and in turn strengthen the rights claims of this marginalised groups. There are question marks about the possibility of such change in a time of austerity and the broader move in the UK's welfare state from the collective to the individual consumer of services. However, the telling of men's 'intimate stories' creates an almost unassailable challenge to current discriminatory practices and norms. © 2012 The Author. Journal of Intellectual Disability Research © 2012 John Wiley & Sons Ltd, MENCAP & IASSID.

  13. Afrikaans-speaking parents' perceptions of the rights of their children with mild to moderate intellectual disabilities: A descriptive investigation.

    Science.gov (United States)

    Erasmus, Alta; Bornman, Juan; Dada, Shakila

    2016-06-01

    This study aimed to describe the perceptions of Afrikaans-speaking parents regarding the human rights, as defined by the United Nation's Convention on the Rights of the Child (CRC), of their children, aged between 8.0 and 14.11 (years/months), with mild to moderate intellectual disabilities. The underlying premise is that the CRC defines the rights of children, whereas the International Classification of Functioning, Disability and Health, Child and Youth version (ICF-CY) can provide the framework for documenting a deprivation of rights and the conditions under which those rights can be realized. Forty-seven Afrikaans-speaking parents completed a custom-designed survey. The results of the closed-ended questions indicated that most parents felt that their children had rights and that these rights were met. A theme analysis performed on the open-ended questions revealed that parents were mostly concerned about their children's rights pertaining to school education and safety. These rights were discussed in terms of the CRC articles and linked to environmental codes of the ICF-CY. Finally, the limitations and implications of the study are discussed and recommendations are made. © The Author(s) 2015.

  14. 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.

  15. Chapter 5: The numerus clausus of property rights

    NARCIS (Netherlands)

    Akkermans, Bram; Graziadei, Michele; Smith, Lionel

    2017-01-01

    The numerus clausus of property rights is one of the fundamental principles of property law. It refers to the idea that both the number and content of property rights is limited and is traditionally placed in contrast to party autonomy, which reigns in contract law. Parties can only shape their

  16. The Form of Property Rights: Oligarchic vs. Democratic Societies

    OpenAIRE

    Daron Acemoglu

    2003-01-01

    This paper develops a model where this is a trade-off between the enforcement of the property rights of different groups. An oligarchic' society, where political power is in the hands of major producers, protects their property rights, but also tends to erect significant entry barriers, violating the property rights of future producers. Democracy, where political power is more widely diffuesed, imposes redistributive taxes on the producers, but tends to avoid entry barriers. When taxes in dem...

  17. 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.

  18. [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.

  19. 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.

  20. 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...

  1. 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...

  2. 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

  3. 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.

  4. 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.

  5. Supporting Teachers as Transformative Intellectuals: Participatory Action Research in Human Rights Education

    Science.gov (United States)

    Hersey, Page Elizabeth

    2012-01-01

    Human rights education (HRE) holds the potential for educators to begin an honest dialogue with students and to connect local issues with international struggles for human rights. However, HRE and other teaching approaches that build understanding of systems of power and oppression that lead to human rights violations are not widely embraced in…

  6. GUIDED EMPLOYMENT – RIGHTS AND OPPORTUNITIES FOR PEOPLE WITH INTELLECTUAL DISABILITIES

    Directory of Open Access Journals (Sweden)

    Erna ZHGUR

    2017-03-01

    Full Text Available Introduction: People with intellectual disabilities (ID are often excluded from the labour market and face many obstacles on their way to employment. Aim: The main aim is giving the persons with ID a possibility to participate in occasional employment, providing them suitable work skills, sustainable knowledge and competencies, as well as suitable skills for more active life. Materials and methods: We analysed 90 evaluation questionnaires (filled out by students, mentors, parents and craftsmen, during a 3-year project (September 2013 - October 2015. The Spearman Correlation Coefficient and Chi-square test were used for statistical data analysis. Results: We determined the level of satisfaction expressed by parents, mentors and students, related to guided employment (χ2 = 1,07; p > 0,05; χ2 = 0,04; p > 0,05;χ2 = 0,04; p > 0,05. Workshops were balanced with theoretical and practical content (χ2 = 16,58; p 0,05, craftsmen (ϱ = 0,79; p 0,05. Conclusion: Implementation of selected workshops, related to guided employment showed that employment of people with ID is possible under professional guidance of mentors.

  7. 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...

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

    Science.gov (United States)

    REICHMAN, JEROME H.

    2009-01-01

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

  9. 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

  10. 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.

  11. 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…

  12. The practice of property rights in rural China

    NARCIS (Netherlands)

    Li, Juan

    2017-01-01

    In the economic transition of the past decades, China has seen remarkable economic growth without robust property rights. In an era of urban transformation premised on large-scale rural land conversion, those ill-defined property rights have, without hindering economic growth, led to increasing

  13. 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.

  14. 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

  15. 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

  16. Licensing biotech intellectual property in university-industry partnerships.

    Science.gov (United States)

    Drozdoff, Vladimir; Fairbairn, Daryl

    2015-01-20

    Appropriate negotiation and drafting of license agreements are critical to successfully establishing and managing the expansive and complex relationships that are becoming more common between industry and universities. More often than not, the resulting licensing agreements become quite lengthy and complex, and the key principles become difficult to discern among all the details. This summary provides a short, nonexhaustive introduction to some of the essential components of these licenses with the intent of providing the non-licensing professional a better appreciation of some of the key commercial and legal terms from both an academic and company perspective, keeping in mind some of the considerations that particularly apply to biotechnology deals. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

  17. 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

  18. Property Rights and the Resolution of Social Conflict

    Science.gov (United States)

    Ross, Hildy; Conant, Cheryl; Vickar, Marcia

    2011-01-01

    It has long been argued that ownership depends upon social groups' establishing and adhering to rights such as the right to use and to exclude others from using one's own property. The authors consider the application of such rights in the interactions of young peers and siblings, and the extent to which parents support their children in…

  19. 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

  20. 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.

  1. Are both dimensions of property rights “efficient”?

    Directory of Open Access Journals (Sweden)

    Pál Czeglédi

    2015-06-01

    Full Text Available The “efficient institutions view” on property rights claims that property rights emerged and are enforced when their enforcement maximizes net wealth. In a cross-country pattern this is usually understood as the prediction that economic development creates the incentives to provide higher quality property rights, but this claim is highly debated. This paper tries to take various property rights scholars’ arguments seriously and see property rights quality as a two dimensional concept, the two dimensions being the definition and the assignment of property rights. The paper derives a measure for these two dimensions of property rights and shows that it is the assignment dimension which is determined by development, while the definition dimensions is rather determined by cultural factors, especially those deeper factors that seem to reflect a long-run effect of Western European culture. According to the paper, the main reasons behind this may be the difference in the expropriability of income generated by an improvement of each dimension, and the way such improvements may or may not affect countries’ catching up process.

  2. Right to education: the school enrollment of people with intellectual disabilities

    Directory of Open Access Journals (Sweden)

    Luiz Alberto David Araujo

    2015-12-01

    by the Brazilian Constitution, that has in equality one of its core values. From a newspaper report, denouncing the difficulty of people with disabilities to actualize their enrollment in the regular school system, this article analyzes the current constitutional configuration of rights to inclusion and education of that vulnerable group, pointing out the ways offered by the Brazilian legal system to guarantee and actualize these rights. Any damage caused by the refusal of the school enrollment, diffuse or individual, moral or material, are liable to repairing.

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

    Science.gov (United States)

    Carney, Terry

    2013-01-01

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

  4. Global property rights. The Kyoto protocol and the knowledge revolution

    International Nuclear Information System (INIS)

    Chichilnisky, G.

    2006-01-01

    This paper is about the origin of today's global environmental problems, and how to resolve them. At stake are catastrophic risks from global warming and damage to the world's biodiversity that ranks as the planet' sixth great extinction. The origin of today's global environmental problems is a historic difference in property rights regimes between industrial and developing countries, the North and the South. The solutions we suggest involve redefining property rights in the use of the global environment as well as in knowledge. We discuss the Kyoto Protocol's new systems of property rights on the use of the planet's atmosphere, and propose a parallel system of property rights on knowledge. Resources such as forests and oil and other mineral deposits are owned as private property in industrial countries but they are treated as common or government property in developing countries. Ill-defined protected property rights lead to the over-extraction of resources in the South, such as timber and oil. They are exported at low prices to the North that over-consumes them. The international market amplifies the tragedy of the commons, leading to inferior solutions for the world economy as a whole (Chichilnisky 1994). Updating property rights on resources in developing countries would face formidable opposition. The lack of property rights in inputs to production, such as timber and oil, could be compensated by assigning property rights on by-products of outputs. The 1997 Kyoto Protocol provides an example as it limits the countries' rights to emit carbon, a by-product of burning fossil fuels. Our suggestions for trading emissions rights (Chichilnisky 1995, 96) was adopted in the Kyoto Protocol, yet the atmosphere's carbon concentration is a global public good, which makes trading tricky. Trading rights to forests' carbon sequestration services or to genetic blueprints would also be trading global public goods. Markets that trade public goods have been shown to require a

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

    DEFF Research Database (Denmark)

    Yu, Helen; Wested, Jakob; Minssen, Timo

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Yeung Nga Man

    2014-05-01

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

  7. 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.

  8. The trade of virtual water: do property rights matter?

    Science.gov (United States)

    Xu, Ankai

    2016-04-01

    My paper examines the determinants of the virtual water trade - embodied in the trade of agriculture products - by estimating a structural gravity model. In particular, it tests the relationship between property rights and the export of water-intensive agricultural products based on water footprint data in Mekonnen and Hoekstra (2011, 2012). Using two different measures of property rights protection, I show that countries with weaker property rights have an apparent comparative advantage in the trade of water-intensive products. After controlling for the economic size, natural resource endowments, and possible effects of reverse causality, the trade flow of virtual water is negatively and significantly correlated with the property rights index of the exporting country. Holding other factors constant, one point increase in the property rights index of a country is associated with a 24% - 36% decrease in its virtual water export, whereas a 1% increase in the natural resource protection index of a country is associated with a 16% decrease in its virtual water export. This paper is the first empirical work that tests the relationship between property rights and trade of water-intensive products, offering a new perceptive in the debate of virtual water trade. The findings provide a possible explanation on the paradoxical evidence that some countries with scarce water resources export water-intensive products. The result is important not only in terms of its theoretical relevance, but also its policy implications. As prescribed by the model of trade and property rights, when countries with weaker property rights open to international trade, they are more likely to over-exploit and thus expedite the depletion of natural resources.

  9. 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...

  10. 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.

  11. Conceptual Foundations of Property Rights: Rethinking De Facto ...

    African Journals Online (AJOL)

    ... unlawful logging and overgrazing. The article attempts to show that it is usually impossible to effectively exclude persons from the use and overconsumption of commonpool resources in Ethiopia in the absence of well-defined and effectively implemented public property regime, or unless the property rights of indigenous ...

  12. 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).

  13. The Care Manager's Dilemma: Balancing Human Rights with Risk Management under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

    Science.gov (United States)

    Prebble, Kate; Diesfeld, Kate; Frey, Rosemary; Sutton, Daniel; Honey, Michelle; Vickery, Russell; McKenna, Brian

    2013-01-01

    In New Zealand, the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 provides diversion for persons with an intellectual disability who have been charged with, or convicted of, a criminal offence. This unique Act moves the responsibility for such "care recipients" from the criminal justice system to a disability…

  14. Renegotiating property rights in the Florida golden crab fishery

    Directory of Open Access Journals (Sweden)

    Scott Crosson

    2013-08-01

    Full Text Available The golden crab (Chaceon fenneri supports a small, economically healthy fishery in south Florida. Crabbers in the fishery have successfully protected themselves against larger outside fishing interests in the past, and management has been stable for over fifteen years.  Why, then, did a portion of the fleet propose shifting to individual transferable quotas (ITQs?  Our findings suggest that proponents sought ITQ management because they believed it would further limit the ability of other crabbers to enter the fishery and act as a mechanism to legally preserve the informal and formal property rights that they have previously negotiated among themselves. Opponents believed that a shift to an ITQ regime would destroy those same property rights.  We explore the implications of these findings to a broader understanding of property rights and natural resource management institutions, noting that the currently existing system closely resembles a territorial use rights fishery (TURF.

  15. 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.

  16. 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.

  17. 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

  18. 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

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

    Directory of Open Access Journals (Sweden)

    Vujović Dragana

    2014-01-01

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

  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

    Full Text Available Além de garantir o direito de propriedade e exclusividade ao titular da criação intelectual, a proteção da propriedade intelectual permite o avanço da inovação e a divulgação dos conhecimentos, equilibrando os interesses do titular e acarretando benefícios para a sociedade. Neste sentido, a Propriedade Intelectual é estratégica no cenário globalizado e competitivo, no qual o conhecimento e a capacidade de inovar têm papel importante para o desenvolvimento de um país. Assim, visando à gestão da propriedade intelectual, com foco na inovação, faz-se necessário incentivar a cooperação entre a ICT e a empresa, para a realização de pesquisas e desenvolvimento tecnológico conjuntos, bem como dinamizar os processos de licenciamento e transferência de tecnologia. Nesse sentido, as ICTs com o auxílio dos NITs devem adotar políticas de gestão da Propriedade Intelectual, elaborando instrumentos jurídicos adequando o ambiente acadêmico ao contexto regulatório. Cabe às ICTs, por meio do NITs, estimularem a cultura da proteção da propriedade intelectual gerada na Instituição, podendo as mesmas atuarem em rede, aprimorando e avançando na gestão da propriedade intelectual. A Propriedade Intelectual é um fator estratégico para a inovação científica e tecnológica e, no Brasil, tem-se buscado a convergência dos setores público e empresarial, com o propósito de contribuir para o desenvolvimento científico, tecnológico e social do país, por meio de um processo contínuo com ações conjuntas e coordenadas.Besides ensuring property and exclusive rights to holders of intellectual creation, intellectual property protection allows innovation and spread of knowledge, balancing the interests of the holder and the benefits to society. In this sense, Intellectual Property is strategic in the globalized and competitive world scenario, in which knowledge and innovation capacity play an important role in the development of a

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

    DEFF Research Database (Denmark)

    Berggren, Niclas; Bjørnskov, Christian

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

  2. The Property Right and the Requirements of Environmental Protection

    Directory of Open Access Journals (Sweden)

    Vasilica NEGRUŢ

    2014-11-01

    Full Text Available The environmental protection has lately become an essential component of the concept of sustainable development, along with the economic, social and cultural components. Being an objective of public interest, the environmental protection and conservation are essential to ensure the habitat necessary for continuing the human existence. Considering this aspect, the limitation of ownership required by certain laws has both a social and moral justification, the environmental protection having a direct link with the level of public health, which is a value of national interest. The legal limits of the ownership are restrictions brought by the law, considering aspects regarding the general interest of society. In this article we intend to emphasize, on the analysis and comparison of legislation and case law, the nature of the relationship between ownership of property and environmental rights, as well as the limitations of property rights in favor of environmental protection. As a conclusion, the environmental easements meet a wide national and international recognition and guarantee, the holder of the property having to exercise it in the interest of the whole community, including the protection and conservation of the environment. At the same time, we must consider that the right to property and environment are fundamental rights guaranteed by the Romanian Constitution itself, which makes us conclude that they converge and mutually enrich across the fundamental duties as well.

  3. Legislative Protection of Property Rights in Ethiopia: An Overview ...

    African Journals Online (AJOL)

    There are ambiguities, inconsistencies, gaps and outdated features in the legislative protection of some property rights in Ethiopia. Moreover, there is the bestowal of wide and undue discretion to various administrative authorities without judicial scrutiny. These problems clearly lead to discretionary and arbitrary ...

  4. 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

  5. Report on the behalf of the Foreign Affair Commission on the bill project nr 4021 authorizing the approval of the convention between the Government of the French Republic and the Government of the Republic of India related to the distribution of intellectual property rights in the agreements for the development of peaceful uses of nuclear energy - Nr 4191 - and appendix: text of the Foreign Affairs Commission

    International Nuclear Information System (INIS)

    Woerth, Eric

    2012-01-01

    This document first presents the civilian nuclear sector as a promising field of cooperation between France and India. It comments the fact that India is wishing to develop different partnerships in this domain in order to meet its energetic needs and as the international law framework has been adjusted in favour of India. It outlines that France has an opportunity to become one of the major partner of India with excellent perspectives of scientific and industrial cooperation. Then, the report outlines the necessity of such a convention to protect the interests of both countries because India has a peculiar idea of intellectual right protection. The convention allows the consequences of this position on the French interests to be limited. The commission debate is reported

  6. The right of property and its social function

    Directory of Open Access Journals (Sweden)

    Erida Pejo

    2017-11-01

    Full Text Available Rights of property are the main prerequisites for the existence of any political society, as it is an objective necessity for their normal functioning and continuity. Property and right of property are the constituent of autonomous life in the realization of the world of individual or collective goals, without the protection and guarantee of which, it is oft en stated that the respect and enjoyment of the entirety of other constitutional rights cannot be imagined. Rights of property are presented and considered as one of the most important issues of legal and political doctrines, and it represents one of the fundamental issues of national and international policy. The classic liberal property concept has dominated the modern legal and political debates and imagination. The property institution is oft en conceived as a quasi absolute subjective right, a concept that, in the modern era, competes with alternative concepts that have influenced both state policies and modern legal culture and consciousness, the consequences of which are reflected in legal systems. One of the most influential alternative concepts is the social function of property,1 of course in modern legal culture the property is understood as an individual right, limited not only by the rights of others, but also by the public interest. Thus, modern legal thinking, although it regards it as a basic element of the normal functioning of the Rule of Law, the private property institution has given a new emphasis to this right, altering the basis for the attribution of property power by the fact that, the relation of the individual to his/ her personality in a social organization, is considered as substantive to the juridical order, therefore the volume of ownership power may not be more unconditional. The social function cannot be identified with the external limitation of ownership which is reserved to collectivity, but it is presented as an elitist, unifying expression of the

  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. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN OBAT-OBATAN TRADISIONAL DALAM REZIM HAK KEKAYAAN INTELEKTUAL (HKI INDONESIA (Studi Pada Masyarakat Tradisional Sasak / LEGAL PROTECTION TOWARD TRADITIONAL MEDICINE KNOWLEDGE IN INDONESIA’S INTELLECTUAL PROPERTY RIGHT REGIME (A Study in The Sasak Traditional Community

    Directory of Open Access Journals (Sweden)

    Dwi Martini

    2017-03-01

    Full Text Available Dalam konteks kekinian Pengetahuan Obat Tradisional (POT masyarakat adat Sasak merupakan aset ekonomi bernilai tinggi mengingat kegunaannya sebagai pengetahuan dasar (milestone dalam penemuan obat modern. Sebagai suatu wujud kemampuan intelektual manusia, POT diatur di bawah rezim HKI-TRIPs, padahal POT memiliki perbedaan karakter yang mencolok dengan HKI. Hal ini memunculkan persoalan dalam hal bentuk POT masyarakat adat Sasak, pengaturan perlindungannya dalam rezim HKI dan pranata hukum ideal untuk mewujudkan perlindungan hukum tersebut. POT Sasak mayoritas ditransmisikan secara lisan, sebagian kecil ada yang tercatat dalam babon (kitab tetamba/oat dan lontar usada. Dalam rezim HKI hanya terdapat pengaturan tidak langsung terhadap POT seperti termuat dalam Undang-Undang Paten dan Perlindungan Varietas Tanaman. Idealnya, terdapat suatu peraturan daerah yang mengatur secara khusus skema perlindungan POT Sasak demi mencegah tindakan misappropriation. Dengan demikian, masih terdapat kekosongan hukum karena belum ada peraturan perundang-undangan sui generis mengenai perlindungan POT. In the modern context, the Traditional Medicine Knowledge (TMK of Sasak community is a valuable economic asset considering its usage as a basic knowledge (milestone in the modern medicine discovery. As a form of human intellectual ability, TMK is regulated under the IPRs-TRIPs regime, whereas TMK have prominent opposite characters with IPRs. This fact raises particular issues in terms of: the form of Sasak community’s TMK, regulation of its protection under the IPRs regime and the ideal legal institution to realize the protection. The majority of Sasak’s TMK are transmitted verbally, a fraction of it was written in babon (book of tetamba/oat and lontar Usada. The IPRs-TRIPs regime only provides indirect regulation toward TMK, as contained in Patent and Plant Variety Protection Law. Ideally, there should be a local Law that particularly regulates protection on

  14. 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...

  15. 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.…

  16. 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

  17. Danish Mortgage Finance, Property Rights Protection and Economic Development

    DEFF Research Database (Denmark)

    Haldrup, Karin

    of screening methods for assessing the readiness for such transplantation depends on a deeper understanding of three large domains: A) Mortgage Finance, B) Cadastre and Land Registration; and C) Economic Development; and the interrelations between these three areas. In particular the thesis has focused...... formal property rights regimes and real credit with implications for development strategies. The PhD was co-sponsored by VP Securities A/S, www.vp.dk...

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

    DEFF Research Database (Denmark)

    Berggren, Niclas; Bjørnskov, Christian

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

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

    DEFF Research Database (Denmark)

    Berggren, Niclas; Bjørnskov, Christian

    2013-01-01

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

  20. Striking the Right Balance: Police Experience, Perceptions and Use of Independent Support Persons during Interviews Involving People with Intellectual Disability

    Science.gov (United States)

    Henshaw, Marie; Spivak, Benjamin; Thomas, Stuart D. M.

    2018-01-01

    Background: Several jurisdictions mandate the presence of an independent support person during police interviews with vulnerable people. The current study investigated police officers' experiences and perceptions of these volunteers during interviews with people with intellectual disability(ies) (ID). Methods: The sample comprised 229 police…

  1. Spring cleaning: rural water impacts, valuation, and property rights institutions.

    Science.gov (United States)

    Kremer, Michael; Leino, Jessica; Miguel, Edward; Zwane, Alix Peterson

    2011-01-01

    Using a randomized evaluation in Kenya, we measure health impacts of spring protection, an investment that improves source water quality. We also estimate households' valuation of spring protection and simulate the welfare impacts of alternatives to the current system of common property rights in water, which limits incentives for private investment. Spring infrastructure investments reduce fecal contamination by 66%, but household water quality improves less, due to recontamination. Child diarrhea falls by one quarter. Travel-cost based revealed preference estimates of households' valuations are much smaller than both stated preference valuations and health planners' valuations, and are consistent with models in which the demand for health is highly income elastic. We estimate that private property norms would generate little additional investment while imposing large static costs due to above-marginal-cost pricing, private property would function better at higher income levels or under water scarcity, and alternative institutions could yield Pareto improvements.

  2. 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....

  3. 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

  4. 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.

  5. Striking the Right Balance: Police Experience, Perceptions and Use of Independent Support Persons During Interviews Involving People with Intellectual Disability.

    Science.gov (United States)

    Henshaw, Marie; Spivak, Benjamin; Thomas, Stuart D M

    2018-03-01

    Several jurisdictions mandate the presence of an independent support person during police interviews with vulnerable people. The current study investigated police officers' experiences and perceptions of these volunteers during interviews with people with intellectual disability(ies) (ID). The sample comprised 229 police officers who attended a mandatory firearms training course in Melbourne, Australia, in 2010. Participants commonly reported utilizing independent support persons and displayed a fair understanding of their role. Overall, volunteers were engaged more frequently than family/friends; police considered the volunteers to be more impartial during interviews, whereas family/friends provided a greater level of emotional support to interviewees. Independent support persons need to demonstrate two quite different types of support to people with intellectual disability(ies) during police interviews; these require quite different skill sets and suggest the need for more tailored training and support for these volunteers. Implications for future research and policy are discussed. © 2016 John Wiley & Sons Ltd.

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

    Directory of Open Access Journals (Sweden)

    Víctor Carlos Pascual Planchuelo

    2016-12-01

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

  7. 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.

  8. 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)

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. The Voting Rights of Adults with Intellectual Disabilities: Reflections on the Arguments, and Situation in Kenya and England and Wales

    Science.gov (United States)

    Redley, M.; Maina, E.; Keeling, A.; Pattni, P.

    2012-01-01

    Article 29 of the Convention on the Rights of Persons with Disabilities guarantees equality of political rights, including the right to vote and stand for election. The affirmation of these rights, first guaranteed by the Universal Declaration of Human Rights, raises an important question given the long-standing association between political…

  15. Who Owns My Words? Intellectual Property Rights as a Business Issue

    Science.gov (United States)

    Jameson, Daphne A.

    2011-01-01

    Most college faculty approach plagiarism as a moral issue: a violation of the rules of the university and a violation of the behavioral standards of the academic world. However, business communication faculty can enhance students' educations by approaching plagiarism as one aspect of a larger business issue: the protection of intellectual…

  16. Interpreting TRIPS: globalisation of intellectual property rights and access to medicines

    National Research Council Canada - National Science Library

    Yamane, Hiroko

    2011-01-01

    .... Today, after more than a decade of intense debate over global IPR protection, the problems remain acute despite limited evidence of co-operation and partnership, most notably in areas such as patent...

  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. Copy Chic: Status Representation and Intellectual Property Rights in Contemporary Fashion

    DEFF Research Database (Denmark)

    Mackinney-Valentin, Maria; Teilmann-Lock, Stina

    2014-01-01

    . And the luxury fashion industry has historically benefited from mass-market as a way of stimulating consumers’ appetite for innovation. The article explores the presence of “copy chic” in luxury fashion as an ambiguous celebration of the conspicuously inauthentic through a study of luxury version...

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

    DEFF Research Database (Denmark)

    Minssen, Timo; Pierce, Justin

    2018-01-01

    , especially in the life science sectors where competitive innovation and research and development (R&D) resources are persistent considerations. For private actors, the like of pharmaceutical companies, health care providers, laboratories and insurance companies, it is becoming common practice to accumulate R......Undeniably “Big Data” plays a crucial role in the ongoing evolution of health care and life science sector innovations. In recent years U.S. and European authorities have developed public platforms and infrastructures providing access to vast stores of health-care knowledge, including data from......&D data making it searchable through medical databases. This trend is advanced and supported by recent initiatives and legislation that are increasing the transparency of various forms of data, such as clinical trials data. As a result, researchers, companies, patients and health care providers gain...

  20. 77 FR 24375 - Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border

    Science.gov (United States)

    2012-04-24

    ..., operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source... insights into the importer's business operations, processes, style of work, and income, all inuring to the... NAMES, AND COPYRIGHTS 0 1. The general authority citation for part 133 and the specific authority...

  1. 78 FR 68030 - Draft Guidance on Intellectual Property Rights for the National Network for Manufacturing...

    Science.gov (United States)

    2013-11-13

    ... serve as a regional hub designed to bridge the gap between basic research and product development...-announce-new-efforts-support-manufacturing-innovation-en . Each institute will serve as a regional hub of manufacturing excellence, providing the innovation infrastructure to support regional manufacturing and ensuring...

  2. Intellectual Property Rights for Digital Design and Manufacturing: Issues and Recommendations

    Science.gov (United States)

    2014-06-30

    contract research, operations, accountability and marketing and branding .” 11 Maintaining a common approach across the diverse entities expected to...of spin- off companies, equity , and other business arrangements between the members. 5.2.2 Contractual Commitments of Institute Participants The...to a more formal process or to professional mediation . Tiers may be appropriate for licensing disputes involving amounts above a specified level

  3. Interpreting TRIPS: globalisation of intellectual property rights and access to medicines

    National Research Council Canada - National Science Library

    Yamane, Hiroko

    2011-01-01

    ...) protection and offers a global regime for IPR protection. However, the social costs of this regime often outweigh the benefits of IPR protection, particularly in the poorest countries where resources for research and development are inadequate...

  4. Open Source, Open Innovation and Intellectual Property Rights – A Lightning Talk

    OpenAIRE

    Kilamo , Terhi; Hammouda , Imed; Kairamo , Ville; Räsänen , Petri; Saarinen , Jukka ,

    2012-01-01

    Part 2: Lightning Talks; International audience; Open innovation projects are fast paced aiming at producing a quick proof of concept of an innovative software product. This need for speedy results makes the use of open source components as a basis for the work appealing. Open source brings with it an inherent risk of license conflicts that may become an issue when aiming to develope an innovative demo into an actual product. In this study, the first results of investigating the knowledge the...

  5. Intellectual Property, Competition and Human Rights: the past, the present and the future

    Directory of Open Access Journals (Sweden)

    Abbe Brown

    2005-12-01

    Full Text Available We were delighted that Professor Paul Geroski, then Chairman of the UK Competition Commission, was able to join us for our expert working group meeting in December 2004. Paul’s contribution to our proceedings was excellent. He was engaged and informed and made valuable contributions to our debate - provoking and stimulating input from the participants. It was the first time that many of us had met Paul. With his warm and engaging personality we had firm hopes that Paul would become a regular member of our group. Sadly that was not to be. As will be known to many readers, Paul died in the summer of 2005. We dedicate this collection of papers, to which he contributed, to his memory.

  6. 10 CFR 603.860 - Rights to inventions.

    Science.gov (United States)

    2010-01-01

    ... approved by assigned intellectual property counsel. (c) Taking past investments as an example, the... DEPARTMENT OF ENERGY (CONTINUED) ASSISTANCE REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Award Terms Related to Other Administrative Matters Intellectual Property § 603.860 Rights to inventions. (a) The...

  7. GROUNDS FOR LIMITING PROPERTY RIGHTS IN THE APPLICATION OF TEMPORARY SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGS

    Directory of Open Access Journals (Sweden)

    Tetiana Suprun

    2018-01-01

    Full Text Available The purpose of the paper is to investigate reasons for the restriction of property rights in the application of temporary seizure of property in criminal proceedings and to determine promising directions for further research on the issues. The issue of measures to ensure criminal proceedings and observance of human and civil rights and freedoms was investigated by a number of domestic scientists, but the degree of investigation of grounds for restricting property rights in the application of temporary seizure of property in criminal proceedings in the context of amendments made to the CPC of Ukraine in recent years remains insufficient. That is why the study of the grounds for limiting property rights in the application of temporary seizure of property in criminal proceedings is now of particular urgency. Methodology. Methodological basis of the research is a set of philosophical, general scientific, special scientific methods. The method of logical-semantic analysis is used to clarify the meaning of multi-valued concepts, the application of the method of system analysis allowed investigating the place of the institute of property rights in legal literature and legislation of Ukraine. The method of grouping and the system and structural approach are used for classifying the distribution, ascertaining the internal structure, and analysing the interconnections between elements of the concept of ownership and the category of property rights restriction. Results. The paper examines the factual and formal legal grounds for limiting the ownership of a suspect, accused, and other persons in the application of temporary seizure of property in a criminal proceeding. The conclusion is drawn on the need to clarify the factual grounds for the temporary seizure of property for cases where such a seizure is carried out by a person who has carried out legal detention in the manner prescribed by Articles 207, 208 of the CPC of Ukraine and is not an investigator

  8. 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…

  9. 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

  10. 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...

  11. Fundamental Right to Property and Right to Housing in Nigeria: a Discourse

    Directory of Open Access Journals (Sweden)

    Akintunde OTUBU

    2011-11-01

    Full Text Available Housing is one of the basic needs of human kind. Given its quintessential relevance to the overall development of man and the State; the question is posed: whether there is a right to adequate housing in the citizen to warrant a demand from the State to fulfill this right; and whether there should be such a right? This paper sets out to examine the concept of Right as it relates to housing and enters into a discourse as to whether there is a fundamental right to housing under Nigeria law. A corollary to the above is to answer the question whether such a right should be cognizable under Nigerian law. In a doctrinal research approach, the paper concedes that housing is a prerequisite to optimal utility of man and the state. Unfortunately, right to housing does not enjoy the same ranking with civil and political rights for obvious reasons enunciated in the paper. The implication is that there is no enforceable right to housing under our law. Notwithstanding, the paper posits that it is desirable for the State to create an enabling environment for the realization of this right because of its multiplier effect on the individual and the State.

  12. 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.

  13. 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

  14. 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

  15. 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

  16. Risky Business: The Impact of Property Rights on Investment and Revenue in the Film Industry

    OpenAIRE

    Venkat Kuppuswamy; Carliss Y. Baldwin

    2012-01-01

    Our paper tests a key prediction of property rights theory, specifically, that agents will respond to marginal incentives embedded in property rights when making non-contractible, revenue-enhancing investments. (Grossman and Hart, 1986; Hart and Moore, 1990). Using rich project-level data from the U.S. film industry, we investigate variation in property right allocations, investment choices, and film revenues to test the distinctive aspects of property-rights theory. Empirical tests of these ...

  17. Right of way real property asset management : prototype data architecture.

    Science.gov (United States)

    2009-02-01

    The Texas Department of Transportation (TxDOT) is responsible for managing 1.1 million acres of land that : provide right of way for approximately 80,000 centerline miles of state-maintained roads. Management of : the huge right of way asset involves...

  18. Legislative Protection of Property Rights in Ethiopia: An Overview

    African Journals Online (AJOL)

    Muradu_A.

    the economic potentials of assets, integrates dispersed information into one ... over a piece of property (which allows long term investments using one's own capital, through .... Ethiopia which not only takes into account the present economic.

  19. 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.

  20. The Concept of Quality of Life and Its Role in Enhancing Human Rights in the Field of Intellectual Disability

    Science.gov (United States)

    Verdugo, M. A.; Navas, P.; Gomez, L. E.; Schalock, R. L.

    2012-01-01

    Background: The changed societal views of persons with disabilities are reflected in the 2006 United Nations "Convention on the Rights of Persons with Disabilities". However, what is not specified in the Convention is how to operationalise and measure the Articles composing the Convention, and how to use that information to further…

  1. Spatial transferring of ecosystem services and property rights allocation of ecological compensation

    Science.gov (United States)

    Wen, Wujun; Xu, Geng; Wang, Xingjie

    2011-09-01

    Ecological compensation is an important means to maintain the sustainability and stability of ecosystem services. The property rights analysis of ecosystem services is indispensable when we implement ecological compensation. In this paper, ecosystem services are evaluated via spatial transferring and property rights analysis. Take the Millennium Ecosystem Assessment (MA) as an example, we attempt to classify the spatial structure of 31 categories of ecosystem services into four dimensions, i.e., local, regional, national and global ones, and divide the property rights structure into three types, i.e., private property rights, common property rights and state-owned property rights. Through the case study of forestry, farming industry, drainage area, development of mineral resources, nature reserves, functional areas, agricultural land expropriation, and international cooperation on ecological compensation, the feasible ecological compensation mechanism is illustrated under the spatial structure and property rights structure of the concerned ecosystem services. For private property rights, the ecological compensation mode mainly depends on the market mechanism. If the initial common property rights are "hidden," the implementation of ecological compensation mainly relies on the quota market transactions and the state investment under the state-owned property rights, and the fairness of property rights is thereby guaranteed through central administration.

  2. Desiring Diversity and Backlash: White Property Rights in Higher Education

    Science.gov (United States)

    Patel, Leigh

    2015-01-01

    In this theoretical essay, I argue that the current incidences of backlash to diversity are best understood as a dynamic of complicated, historic and intertwined desires for racial diversity and white entitlement to property. I frame this argument in the theories of critical race theory and settler colonialism, each of which provide necessary but…

  3. The Right to Property and Inheritance in the Old Testament

    Directory of Open Access Journals (Sweden)

    Adrian Vasile

    2016-01-01

    Inheritance has for ever played an important part in human societies and it still does in certainareas of the world. The Jewish right to succession had some features that derived from thepatriarchal family, which had been thoroughly established even before the age of stateconsolidation.

  4. 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.

  5. 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.

  6. 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

  7. On the Macroeconomic Effects of Establishing Tradability in Weak Property Rights

    DEFF Research Database (Denmark)

    Eliasson, Gunnar; Wihlborg, Clas

    2003-01-01

    effects of strengthened property rights, dependboth on the particular strategy a firm employs to secure property rights, and the protectionoffered by law. Economic property rights can be strengthened if the originator can findinnovative ways to charge for the intangible assets. The extreme complexity....... For a realistic analysis we introduce a Schumpeterian market environment (theexperimentally organized economy). Weak property rights prevail when the rights to access,use, and trade in intangible assets cannot be fully exercised. The trade-off between the benefitsof open access on the Internet, and the incentive...

  8. Reclaiming deserted corridors: Rights of way as common property resources

    International Nuclear Information System (INIS)

    Brown, D.T.

    1993-01-01

    In Canada, power line transmission corridors are administered and maintained by provincial crown utilities. These corridors have fragmented natural habitats, destroyed biota, and disrupted geological and hydrologic systems. The practices used by utilities to maintain their rights-of-way tend to worsen the environmental and social context of the localities affected by the corridors. If the corridors are considered as common resources, and if co-management of these resources is undertaken involving the utilities and the communities affected by the corridors, public rights-of-way would be created which would have environmental benefits. These corridors would have a recreational potential and could be managed so as to reduce considerably the negative impacts presently generated by current right-of-way management practices. The use of local residents in this management process could ensure that the use of the corridors harmonizes with local needs. Among the obstacles to the co-management of these corridors are the badly defined policies of secondary land use, the restrictions on vegetation maintenance in utility corridors, lengthy approvals processes, and concerns about public liability. To make co-management of these corridors a reality, new policy structures and new procedures have to be developed in cooperation with the utilities and the affected communities. 14 refs., 1 fig

  9. The Effect Of The Original Acquisition Of Ownership Of Immovable Property On Existing Limited Real Rights

    Directory of Open Access Journals (Sweden)

    Gerrit Pienaar

    2015-12-01

    Full Text Available It is an accepted principle in South African law that movable property acquired in an original way (by operation of law is not burdened by any limited real rights, as previous limited real rights are extinguished on the vesting of ownership (mobilia non habent sequelam. It is assumed by some South African writers that the same principles are applicable to the original acquisition of immovable property and that all existing limited real rights fall away on original acquisition of ownership. In this article the nature of limited real rights to immovable property is examined, and the notion that ownership is the "mother" right on which all limited real rights are based is scrutinised critically. The nature and establishment of limited real rights are used to distinguish between the essence and effect of limited real rights in the case of immovable property. The recognition of limited real rights as constitutional property is used as a further argument that limited real rights cannot be extinguished automatically by the original acquisition of immovable property, as such common law or statutory measures will constitute an arbitrary deprivation of property in terms of section 25 of the Constitution. The statutory provisions regarding limited real rights in the case of prescription and expropriation are then analysed as an indication that it is not a general principle that limited real rights are extinguished automatically on the original acquisition of ownership of immovable property.

  10. The assessment of premorbid intellectual ability following right-hemisphere stroke: reliability of a lexical decision task.

    Science.gov (United States)

    Gillespie, David C; Bowen, Audrey; Foster, Jonathan K

    2012-01-01

    Comparing current with estimated premorbid performance helps identify acquired cognitive deficits after brain injury. Tests of reading pronunciation, often used to measure premorbid ability, are inappropriate for stroke patients with motor speech problems. The Spot-the-Word Test (STWT), a measure of lexical decision, offers an alternative approach for estimating premorbid capacity in those with speech problems. However, little is known about the STWT's reliability. In the present study, a consecutive sample of right-hemisphere stroke (RHS) patients (n = 56) completed the STWT at 4 and 16 weeks poststroke. A control group, individually matched to the patients for age and initial STWT score, also completed the STWT on two occasions. More than 80% of patients had STWT scores at retest within 2 scaled score points of their initial score, suggesting that the STWT is a reliable measure for most individuals with RHS. However, RHS patients had significantly greater score change than controls. Limits of agreement analysis revealed that approximately 1 in 7 patients obtained abnormally large STWT score improvements at retest. It is concluded that although the STWT is a useful assessment tool for stroke clinicians, this instrument may significantly underestimate premorbid level of ability in approximately 14% of stroke patients.

  11. Free trade or just trade? The world trade organisation, human rights ...

    African Journals Online (AJOL)

    User

    Organisation (WIPO).101 At the national level, patent protection varied between .... anti-competitive abuse of intellectual property rights by right holders. ...... Measures Affecting the Importation of Milk and the Exportation of Dairy Products.

  12. 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.

  13. 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.

  14. 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.

  15. Property Rights for Natural Resources Management in Indonesia: Have They Been Ruled Unconstitutional?

    Directory of Open Access Journals (Sweden)

    Sarah Waddell

    2012-05-01

    Full Text Available A new property right known as the coastal waters commercial use right (Hak Pengusahaan Pengairan Pesisir (HP-3 introduced by Law No. 27 of 2007 regarding the Management of Coastal and Small Island Areas has been ruled inoperative by the Constitutional Court. The decision raises a question as to whether the door has been closed to marketbased instruments that rely on property rights as a policy tool in natural resources management. This concern is relevant as legal developments in natural resources law internationally have moved away from traditional forms of regulation to focus on the creation of new statutory property rights such as fisheries rights, water use rights and rights associated with carbon sequestration. An exploration of theConstitutional Court’s decisionsuggests that a similar line of reasoning would not, and should not,arise in relation to other forms of property rights that the Government of Indonesia may seek to introduce in the future.

  16. 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.

  17. 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…

  18. 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…

  19. 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

  20. THE PHENOMENON OF FIXATION OF RIGHTS TO INDUSTRIAL APPLICATION OF THE RESULTS OF INTELLECTUAL ACTIVITY AT THE STAGE OF FUNDAMENTAL RESEARCH

    Directory of Open Access Journals (Sweden)

    F. A. Kurakov

    2017-01-01

    Full Text Available Using the example of evolution of the genome editing technology, the phenomenon of fixing the rights to industrially applicable of the results of intellectual activity at the stage of fundamental research have been studied. Attention is drawn to the fact that the struggle for high added value of not yet created market high-tech product does take place not between industrial companies, but between centers of excellence (universities, research centers and start-ups. The case reviewed in the article makes it possible to cast doubt on the validity of the thesis that modern science exists outside national borders, having become a global network structure that carries out research by the forces of the world scientific community. It is concluded that the transition from an industrial economy to a postindustrial knowledge economy led to the transformation of the spatial cross-border organization of science and the model of interaction between scientists within the framework of open interdisciplinary research projects. This transformation is associated with the leading role of the business sector, supporting basic research, the results of which have obvious commercial projection.

  1. [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.

  2. 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.

  3. Institutional property rights structure, common pool resource (CPR), tragedy of the urban commons: A Review

    International Nuclear Information System (INIS)

    Ling, G; Ho, C S; Ali, H M

    2014-01-01

    There have been a plethora of researches on the significance of public open space (POS) in contributing to societies' sustainability. However, by virtue of identified maladaptive policy-based-property rights structure, such a shared good becomes vulnerable to tragedy of the urban commons (overexploitation) that subsequently leads to burgeoning number of mismanaged POS e.g., degraded and unkempt urban public spaces. By scrutinising the literatures within property rights domain and commons resources, an objective is highlighted in this paper which is to insightfully discourse institutional property rights structure pertaining to the mechanism, roles and interrelationship between property-rights regimes, bundle of property rights and resource domains; types of goods on how they act upon and tie in the POS with the social quandary. In summary, urban POS tragedy can potentially be triggered by the institutional structure especially if the ownership is left under open-access resource regime and ill-defined property rights which both successively constitute the natures of Common Pool Resource (CPR) within the commons, POS. Therefore, this paper sparks an idea to policy makers that property rights structure is a determinant in sustainably governing the POS in which adaptive assignment of property regimes and property rights are impelled

  4. Institutional property rights structure, common pool resource (CPR), tragedy of the urban commons: A Review

    Science.gov (United States)

    Ling, G.; Ho, C. S.; Ali, H. M.

    2014-02-01

    There have been a plethora of researches on the significance of public open space (POS) in contributing to societies' sustainability. However, by virtue of identified maladaptive policy-based-property rights structure, such a shared good becomes vulnerable to tragedy of the urban commons (overexploitation) that subsequently leads to burgeoning number of mismanaged POS e.g., degraded and unkempt urban public spaces. By scrutinising the literatures within property rights domain and commons resources, an objective is highlighted in this paper which is to insightfully discourse institutional property rights structure pertaining to the mechanism, roles and interrelationship between property-rights regimes, bundle of property rights and resource domains; types of goods on how they act upon and tie in the POS with the social quandary. In summary, urban POS tragedy can potentially be triggered by the institutional structure especially if the ownership is left under open-access resource regime and ill-defined property rights which both successively constitute the natures of Common Pool Resource (CPR) within the commons, POS. Therefore, this paper sparks an idea to policy makers that property rights structure is a determinant in sustainably governing the POS in which adaptive assignment of property regimes and property rights are impelled.

  5. Understanding the Consequences of Property Rights Mismatches: a Case Study of New Zealand's Marine Resources

    Directory of Open Access Journals (Sweden)

    Tracy Yandle

    2007-12-01

    Full Text Available Within fisheries and natural resource management literature, there is considerable discussion about the key roles that property rights can play in building biologically and socially sustainable resource management regimes. A key point of agreement is that secure long-term property rights provide an incentive for resource users to manage the resource sustainably. However, property rights mismatches create ambiguity and conflict in resource use. Though the term mismatches is usually associated with problems in matching temporal and spatial resource characteristics with institutional characteristics, I expand it here to include problems that can arise when property rights are incompletely defined or incompletely distributed. Property rights mismatches are particularly likely to occur over marine resources, for which multiple types of resource and resource user can be engaged and managed under a variety of regulatory regimes. I used New Zealand's marine resources to examine the causes and consequences of these property rights mismatches. New Zealand is particularly interesting because its property-rights-based commercial fishing regime, in the form of individual transferable quotas, has attracted considerable positive attention. However, my review of the marine natural resource management regime from a broader property rights perspective highlights a series of problems caused by property rights mismatches, including competition for resources among commercial, customary, and recreational fishers; spatial conflict among many marine resource users; and conflicting incentives and objectives for the management of resources over time. The use of a property rights perspective also highlights some potential solutions such as the layering of institutional arrangements and the improvement of how property rights are defined to encourage long-term sustainability.

  6. 76 FR 24787 - Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria

    Science.gov (United States)

    2011-05-03

    ... Order 13572 of April 29, 2011 Blocking Property of Certain Persons With Respect to Human Rights Abuses..., finding that the Government of Syria's human rights abuses, including those related to the repression of... have engaged in human rights abuses, constitute an unusual and extraordinary threat to the national...

  7. 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.

  8. 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,…

  9. The evolution of property rights: The strange case of Iceland’s health records

    Directory of Open Access Journals (Sweden)

    Thráinn Eggertsson

    2011-02-01

    Full Text Available In her path-breaking work, Elinor Ostrom provides theoretical and empirical evidence suggesting that individuals often overcome the problem of collective action and arrange privately for the provision and allocation of public goods, including informal property rights. Ostrom has also found that local experimentation and self-governance often produce more effective results than rulemaking by the state. In his Coase Theorem, Ronald Coase arrives at a somewhat similar conclusion. Ostrom and Coase both recognize that high transaction costs can block private rule making. The new literature on institutions, however, has jettisoned the model of a benevolent welfare maximizing state: The state does not as a rule assign the license to create property rights to those who are most likely to provide efficient solutions. Still, private individuals often find various opportunities to supply their own informal rules and governance systems. In this paper, I examine recent evolution of property rights in Iceland’s national health records. My findings a support the hypothesis that the demand for exclusive and well-defined property rights depends directly on the value of the assets in question; b show that de facto rights, which are the effective economic property rights, can deviate from the corresponding de jure rights; c demonstrate the relevance of the Coase-Ostrom insight concerning the role of private ordering; and d provide evidence that competition between mental models can have a major role in the evolution of property rights.

  10. 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

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

    Directory of Open Access Journals (Sweden)

    Laura Silberleib

    2001-12-01

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

  12. Property rights and chronic diseases: evidence from a natural experiment in Montevideo, Uruguay 1990-2006.

    Science.gov (United States)

    Gandelman, Néstor

    2010-07-01

    We exploit a natural experiment in Montevideo, Uruguay, in order to analyse the effects on human health of granting formal property rights to untitled individuals. Because of administrative mistakes committed decades ago by an institution that no longer exists, such rights may be transferred to residents of some neighborhoods but not to residents of others. We found that titling reduces the probability of suffering from hypertension and diabetes and in some cases rheumatism and asthma as well within 17 years of being offered property rights, but we did not find statistically significant evidence that the housing quality functions as a channel between titling and health. 2010 Elsevier B.V. All rights reserved.

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

    Science.gov (United States)

    Clark, Laurel A

    2010-01-01

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

  14. 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.

  15. Selected issues of the property right limitation in the criminal proceedings

    OpenAIRE

    Mityukova, Marina

    2014-01-01

    The study aims at an analysis of the relationship between civil law and the criminal procedure law system. The author focus on the limitation of the property right in the selected aspects of the criminal proceedings.

  16. the clash of property and environmental rights in the niger delta

    African Journals Online (AJOL)

    RAYAN_

    Property Rights in Economic History: Implications for. Research” (1986) 23 .... mechanisms of collective decision-making, for instance, a leisurely debate among the ..... with Multinational Oil Firms: The Nigerian Experience (Ed-Linform Services,.

  17. 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.

  18. 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).

  19. 77 FR 42765 - Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments...

    Science.gov (United States)

    2012-07-20

    ...: The Federal Government is starting the process of developing a new Joint Strategic Plan on... rights and the identification of threats to public health and safety and the U.S. economy resulting from... developing new enforcement strategy action items that further the priorities identified in the Joint...

  20. Microsatellite profiles as a basis for intellectual property protection in grape

    NARCIS (Netherlands)

    Ibanez, J.; Eeuwijk, van F.A.

    2003-01-01

    The use of microsatellite analysis in a forensic procedure for establishing infringement on plant breeders¿ rights in vegetatively propagated crops was evaluated. A reference collection of 45 seedless grape varieties was chosen as reference collection. Matching probabilities of grape microsatellite

  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. Private Property Rights and Compulsory Acquisition Process in Nigeria: the Past, Present and Future

    Directory of Open Access Journals (Sweden)

    Akintunde OTUBU

    2012-11-01

    Full Text Available Objectives: A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by government or by individuals. In the context of land, it is the authority of the land owner to determine its use or otherwise. On the other hand, compulsory acquisition is the process by which government obtain land from private owners for development purposes in the best interest of the community. These diametrically opposed concepts of property rights and compulsory acquisition is reconciled with the payment of compensation for the extinguishment of private property rights. Implications: In Nigeria, these two concepts have a history of mutual conflicts, resulting in congruous resolutions most of the time, until the introduction of the Land Use Act 1978. With the coming of the Act, the pendulum has tilted in favors of compulsory acquisition to the detriment of private property rights; as compensation fails to assuage the loss occasioned by expropriation. Value: The paper explored the dichotomy between private property rights and compulsory acquisition in Nigeria in the last 50 years and submitted that the process under the Land Use Act changed the equilibrium that existed between these two concepts and produced a skewed and unfavorable result to the detriment of private property rights and National economy. It finally proposed a new equitable arrangement to the quagmire.

  3. 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.

  4. Property rights in a very poor country : tenure insecurity and investment in Ethiopia

    OpenAIRE

    Ali, Daniel Ayalew; Dercon, Stefan; Gautam, Madhur

    2007-01-01

    This paper provides evidence from one of the poorest countries of the world that the property rights matter for efficiency, investment, and growth. With all land state-owned, the threat of land redistribution never appears far off the agenda. Land rental and leasing have been made legal, but transfer rights remain restricted and the perception of continuing tenure insecurity remains quite ...

  5. 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…

  6. The right of servitude between public interest and undisturbed use of private property

    Directory of Open Access Journals (Sweden)

    Petovar Ksenija

    2011-01-01

    Full Text Available For obtaining the land in order to build the magistral pipeline a specific form of land expropriation is applied, namely the Right of servitude. The Right of servitude can be realized on the basis of established public interest, which can be defined according to the spatial plan of the relevant area. The Right of servitude is analyzed from the point of its influence on the respect of basic human rights of property owners to enjoy their property in safety and without disturbance. Current legal framework in Serbia that regulates procedures for acquiring land for the purpose of public interest allows for breach of private property rights. There is a mutual inconsistency between a number of decrees that regulate property rights for large infrastructural development projects. A specific, and possibly a greater problem, is the status of the local population, the land owner and other real estate. It concerns their awareness of their private and individual rights, as well as technical and other legal standards, which must be applied during the preparation, construction and working stages of an energy facility. Applying the Right of servitude as a way to acquire land for construction of the Pipeline, there is direct breach of the basic human right as stated in the first Protocol of the European Convention on Human Rights, namely that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions’ (Article 1, Protocol 1. The Right of servitude allows the investor to use ‘public interest’ as a way of gaining access to another’s land, and under better financial conditions than if he were to apply permanent expropriation. While the owner retains his/her ownership of the land, inconvenienced by numerous limitations of its use, usability and market value of the land becomes substantially reduced.

  7. Constitutional foundations of the property rights of citizens and organizations for real estate

    Directory of Open Access Journals (Sweden)

    Zarina Kamilevna Kondratenko

    2015-09-01

    Full Text Available Objective to develop a comprehensive scientific conception of the constitutional foundations of the property rights of citizens and organizations for real estate. Methods general and specific scientific methods including formal logical methods hypothesis analysis synthesis deduction induction. The special methods included historical legaltechnical interdisciplinary comparativelegal systemic and other methods of scientific cognition. Results first the Constitution of the Russian Federation does not contain detailed regulation of property relations as they are regulated by the branches of Civil law. Therefore as certain property disputes affect substantial property interests of physical and juridical persons which are not under the protection of property rights in the traditional sense there is a need for a broad interpretation of the relevant provisions of the Russian Constitution. However the mixing of proprietary and contractual rights in this case does not occur. Second the Russian Civil Code reproducing and specifying the constitutional provisions as principles of private law form a direct normative basis of the whole civil law. However the constitutional law attributes a broader meaning to the notions of property and property right than the traditional civil law. Third the possible limitations of the Federal law of the rights of ownership use and disposition of property as well as freedom of entrepreneurship and freedom of contract must meet the requirements of justice to be adequate proportionate be of general and abstract character be not retroactive and not affect the essence of constitutional rights i.e. not limit the scope and application of the substantive content of the relevant constitutional norms.The possibility of such limitations and their nature must be determinedby the need to protect the significant values ndash the foundations of the constitutional system morality health rights and lawful interests of other persons provision

  8. From the Right to Use to The Right to Do: Monsanto Case Study and the Conflict Between Use and Abuse in Patent Rights

    Directory of Open Access Journals (Sweden)

    Leônidas Meireles Mansur Muniz de Oliveira

    2015-12-01

    Full Text Available This study aims to present a reflection on the interface between the use and abuse of the right to patent. Bibliographic method will be developed to achieve the proposed objective focusing on the specific case involving the legal battle against the company Monsanto. Thus, a vast literature was analyzed on the subject trying to identify in this case what is the interface that balances the right to the patent. Intellectual property rights repeatedly occupy the pages of the major newspapers in the world, demonstrating the existing fight between the most diverse countries when it becomes the exclusive use of a particular invention. This is where the relevance of this research on the subject lays, once the intellectual property rights require academic reflections on the conflicts surrounding intellectual property.

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

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

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

  10. 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

  11. RIGHT TO PROPERTY: THE LAND ACQUISITION ACT 1960 AND THE SHARIAH PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Nor Asiah Mohamad

    2013-08-01

    Full Text Available Islamic law recognizes both private and community property. This community rights are manifested in forms of entitlement for charitable purposes, known as waqf or trusts,  sadaqah as well as  zakat. Under the Sha‘riah, however, ownership of all property ultimately rests with God. Though individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need. In Malaysia, the right to property is a constitutional right and thus, the acquiring authority cannot deprive a person of his land in an arbitrary manner. This paper discusses the extent of which the acquisition law falls in line with Shari‘ah thus preserving the right to property as determined by Shari‘ah to individuals. Similarly, the paper also looks at some basic principles sustained by the court in determining whether the working of the acquisition law falls within the constitutional guarantee provided under Article 13 of the Federal Constitution and the Sha‘riah. A study of the case law reveals that human errors due to greediness and lack of responsibility have contributed to some of the problems in land acquisition.

  12. The WHO atlas on global resources for persons with intellectual disabilities: a right to health perspective El atlas de recursos para las personas con discapacidad intelectual de la OMS: una visión desde el derecho a la salud

    Directory of Open Access Journals (Sweden)

    Jocelin Lecomte

    2008-01-01

    Full Text Available This paper focuses on the links between the WHO atlas on global resources for persons with intellectual disabilities (Atlas-ID project and the right to health in international human rights law. The WHO Atlas-ID project initiated by the Department of Mental Health and Substance Abuse of the WHO was designed to collect, compile and disseminate data on intellectual disabilities services and resources throughout the world. The right to health, as linked to all other human rights, brings a set of globally agreed upon norms and standards, and out of these norms arise governmental obligations. Even in countries which have a relatively high standard of living, persons with intellectual disabilities are very often denied the opportunity to enjoy the full range of economic, social and cultural rights. This paper aims at establishing the WHO Atlas-ID and the international human rights instruments as two parts of a holistic approach in regards to State provided services to persons with intellectual disabilities and their families.Este artículo se centra en la relación entre el proyecto Atlas-DI de la OMS y el derecho a la salud en la normativa internacional de derechos humanos. El proyecto Atlas-DI de la OMS, puesto en marcha por el Departamento de Salud Mental y Abuso de Sustancias de la OMS, se diseñó para recolectar, compilar y divulgar datos sobre servicios y recursos para la discapacidad intelectual alrededor del mundo. El derecho a la salud, en su relación con todos los demás derechos humanos, engloba un conjunto de normas y estándares aprobados internacionalmente, y de éstos emanan obligaciones gubernamentales. Incluso en países con estándares relativamente altos de vida, a las personas con discapacidades intelectuales se les niega frecuentemente la oportunidad de disfrutar el espectro total de derechos económicos, sociales y culturales. El objetivo de este artículo es el de establecer el Atlas-DI de la OMS y los instrumentos

  13. 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.

  14. Should intellectual property be disseminated by "forwarding" rejected letters without permission?

    Science.gov (United States)

    Gupta, V K

    1996-08-01

    Substantive scientific letter writing is a cost-effective mode of complementing observational and experimental research. The value of such philosophically uncommitted and unsponsored well-balanced scientific activity has been relegated. Critical letter writing entails the abilities to: maintain rational scepticism; refuse to conform in order to explain data; persist in keeping common sense centre-stage; exercise logic to evaluate the biological significance of mathematical figures, including statistics, and the ability to sustain the will to share insights regarding disease mechanisms on an ostensibly lower research platform. During peer review, innovative letter writing may share the occasionally unfortunate fate of innovative research. Rejected scientific letters do not automatically lose copyright. Periodicals with high letter loads will see some valuable contributions wasted, but that is the price for maintaining autonomy in scientific publication. The scientific community is an integrated whole that must respect the rights of authors at all levels. Unauthorised forwarding of rejected letters sets the dangerous precedent of justifying unjust means.

  15. Diversity of resource use and property rights in Tam Giang Lagoon, Vietnam

    Directory of Open Access Journals (Sweden)

    Ta Thi Thanh Huong

    2011-02-01

    Full Text Available Since the early 1990s, aquaculture has become the most important livelihood activity in Tam Giang Lagoon, Vietnam. The aquaculture boom has reduced the available water area for mobile gear fishers, polarized different user-groups, created resource conflicts, and increased pressures on the lagoon systems. Aquaculture in the lagoon is governed by both customary and legal rights. The objective of this paper is to explore the diversity of resource use and the complexity of property rights in one of the villages located in the lagoon. The paper emphasizes the linkages between changes in commons institutions and changes in resource use and property rights. First, the political and socio-economic changes in Vietnam are examined as well as how they have influenced traditional commons institutions and lagoon resource management in the village. Second, the linkages between common institutions and the diversity of property rights are analyzed. Particular attention is given to the analysis of different types of resource use associated with "bundle of rights" and the diversity of property rights regimes in the village.

  16. The Relationship between Property Rights and Economic Growth: an Analysis of OECD and EU Countries

    Directory of Open Access Journals (Sweden)

    Haydaroğlu Ceyhun

    2015-12-01

    Full Text Available In recent years, institutions and institutional structure have become some of the most popular concepts analyzed by economics theory. New growth theories have especially focused on the effects of institutions and institutional structure on a macro level. Property rights are one of the most important elements of this institutional structure. The relationship between property rights and economic growth have drawn the attention of many researchers and policymakers in recent years. The aim of this study, covering the period 2007–2014, is to examine the relationship between property rights and economic growth with the help of PARDL in OECD and EU countries. According to the result of a bounds test, there is cointegration between the variables. The long- and short-term relationships between series were determined and the results taken from the analysis show that there is a positive effect on economic growth in those countries.

  17. 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 ...

  18. When patents matter: The impact of competition and patent age on the performance contribution of intellectual property rights protection

    NARCIS (Netherlands)

    Maresch, Daniela; Fink, Matthias; Harms, Rainer

    2016-01-01

    The question whether patenting impacts patenting firms' subsequent financial performance is important for technology-oriented companies. However, relevant research has led to contradictory results. We strive to overcome this impasse by introducing innovation competition and patent age as moderators

  19. Geospatial patterns in traditional knowledge serve in assessing intellectual property rights and benefit-sharing in northwest South America

    DEFF Research Database (Denmark)

    Cámara-Leret, Rodrigo; Paniagua-Zambrana, Narel; Svenning, J.-C.

    2014-01-01

    medicinal palm (Arecaceae) uses is unique and how much is shared across (i) four countries (Colombia, Ecuador, Peru, Bolivia), (ii) two cultural groups (Amerindian and non-Amerindian), (iii) 52 Amerindian tribes, (iv) six non-Amerindian groups, (v) 41 communities, and (vi) individuals in the 41 communities...... in the number of unshared and shared uses accounted for by the five birth cohorts. Results We found that most knowledge was not shared among countries, cultural groups, tribes, communities, or even individuals within them. Still, a minor knowledge component was widely shared, even across countries. General...

  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. Property Rights, Inheritance by Wives and Gender Equality: Brazil and Hispanic America in Comparative Perspective

    Directory of Open Access Journals (Sweden)

    Carmen Diana Derre

    2001-01-01

    Full Text Available Considerable gains were made in Latin America over the course of the twentieth century in strengthening the property rights of married women. Insufficient attention, nonetheless, has been given to the inheritance rights of wives. Reviewing the legal norms for twelve countries, it is argued that widows are often in a disadvantaged position compared to the children of a couple. Inheritance norms were not designed to give widows the possibility for economic autonomy, such as through control of the family farm or business. Moreover, given the gender gap favoring women in the lengthening of life spans and the low coverage of social security (particularly in rural areas in most countries, they are particularly vulnerable when they are widowed. The women’s movement is urged to take on the issue of inheritance rights since strengthening these are necessary to achieve a redistribution of property and real gender equality.

  3. 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

  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. Intellectual emotions

    Directory of Open Access Journals (Sweden)

    Vasilyev, Igor A.

    2013-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Metin Turan

    2016-06-01

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

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

    Index Scriptorium Estoniae

    Forman, Lisa

    2011-01-01

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

  8. Breeding business : the future of plant breeding in the light of developments in patent rights and plant breeder's rights

    NARCIS (Netherlands)

    Louwaars, N.P.; Dons, J.J.M.; Overwalle, van G.; Raven, H.; Arundel, A.; Eaton, D.; Nelis, A.

    2009-01-01

    Plant breeding serves an important public interest. Two intellectual property (IP) systems are relevant for the protection of innovations in this sector: plant breeder's rights and patent rights. Some exemptions play an important role in plant breeding, such as the 'breeder's exemption', which is

  9. Constitutional Property Rights Protection and Economic Growth: Evidence from the Post-Communist Transition

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    This paper seeks to estimate the economic growth effect of constitutional provisions for property rights protection. It does so using the unique situation in formerly communist countries in Central and Eastern Europe and the Caucasus where all but two introduced new constitutions after the fall...... of the Iron Curtain. The effects of implementing different constitutional provisions can therefore be observed in a group of countries with the same formal starting point. Estimates provide no evidence of positive effects and mainly point towards a negative conclusion: the introduction of constitutional...... protection of property rights is not associated with economic development in the long run, but tends to impose costs during a period of institutional transition and implementation proportional to the constitutional change....

  10. 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...

  11. 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.

  12. 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...

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

    OpenAIRE

    Baturan Luka O.

    2015-01-01

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

  14. 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

  15. 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

  16. Phenomenological analysis of properties of the right-handed Majorana neutrino in the seesaw mechanism

    International Nuclear Information System (INIS)

    Pan Haijun; Cheng, G.

    2002-01-01

    As an extension of our previous work in the seesaw mechanism, we analyze the influence of nonzero U e3 on the properties (masses and mixing) of the right-handed Majorana neutrinos in three flavors. The quasidegenerate light neutrinos case is also considered. Assuming the hierarchical Dirac neutrino masses, we find the heavy Majorana neutrino mass spectrum is either hierarchical or partially degenerate if θ 23 ν is large. We show that degenerate right-handed (RH) Majorana masses correspond to a maximal RH mixing angle while hierarchical ones correspond to the RH mixing angles which scale linearly with the mass ratios of the Dirac neutrino masses. An interesting analogue to the behavior of the matter-enhanced neutrino conversion and their difference is presented

  17. A Conjecture on Institutional Rationalities and Property Rights in Public Procurement of Innovation

    DEFF Research Database (Denmark)

    Ågren, Robert; Rolfstam, Max

    2013-01-01

    The increased interest in using public procurement as a policy tool for innovation has renewed a need for understanding the procurement process. A conjecture on institutional rationalities and property rights is offered to explain the hurdles present for conducting successful procurement projects....... If an efficient negotiation solution is to be achieved participants in procurement projects need to be aware of the other participants’ institutional rationalities and actively consider these while concluding the terms of procurement projects. Consequently, future policy efforts towards increased innovation have...... to be targeting the process of public procurement of innovation, rather than focusing on regulatory issues....

  18. How Genetics Might Affect Real Property Rights: Currents in Contemporary Bioethics.

    Science.gov (United States)

    Rothstein, Mark A; Rothstein, Laura

    2016-03-01

    New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process. One likely use would be by retirement communities to learn an individual's genetic risk for Alzheimer's disease. The federal Fair Housing Act prohibits discrimination based on disability, but it is not clear that it would apply to genetic risk assessments. Only California law explicitly applies to this situation and there have been no reported cases. © 2016 American Society of Law, Medicine & Ethics.

  19. From Legal to Effective Recognition of Equal Dignity as a Right of the Individual with Intellectual and Developmental Disabilities. A Process that Challenges us

    Directory of Open Access Journals (Sweden)

    Tatiana URIEN ORTIZ

    2017-01-01

    Full Text Available This article analyzes the ethical implications of acknowledging disability as a human rights issue. The most common way to understand disability is inspired by a welfarist structure where collective needs trump the wishes of the individual. This new conceptualization, inspired by influential philosophers, such as Dworkin and Margalit, understands dignity as the individual’s right to have their life unfold in an inclusive context that creates self-respect.

  20. 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。

  1. In the absence of private property rights: Political control and state corporatism during Putin's first tenure

    Directory of Open Access Journals (Sweden)

    Nadia Vanteeva

    2016-03-01

    Full Text Available This paper argues that Russia's choice of economic organization, which is based on the renewed role of the state, is a response to the existence of severe transaction costs, and subsequent mitigation of contractual incompleteness in the absence of a strong property rights system. Ill-defined property rights have historically hampered formation of business classes in Russia, reducing the necessity for appropriate market infrastructure. This also implied that if Russia's political and economic system had more than one competing hierarchy, the objective of the elites would not have entailed long-term economic growth, as gains from short-term wealth tunneling would have been much larger. As in the early 2000s Russian investment projects were generally defined by large sunk costs and long-term to maturity, under a weak legal system a new substitute governing mechanism, which took form of the state–private co-partnership system, has arisen in order to reduce hold-up costs leading to high levels of underinvestment.

  2. 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

  3. 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.

  4. Enforcing the right to property properly : An essay on the shift from injunctive relief to mere compensation

    NARCIS (Netherlands)

    S.D. Lindenbergh (Siewert)

    2010-01-01

    textabstractOf all patrimonial rights, the right to property is considered by far the most powerful. The owner is entitled to the exclusive use of the object, the word ‘use’ is understood in a very wide meaning and the owner has a strong position as far as enforcement of his right is concerned. He

  5. 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.

  6. Property rights, institutional regime shifts and the provision of freshwater ecosystem services on the Pongola River floodplain, South Africa

    Directory of Open Access Journals (Sweden)

    Bimo Abraham Nkhata

    2017-03-01

    Full Text Available This paper proposes a property rights perspective to interpret institutional regime shifts in the provision of freshwater ecosystem services. Institutional regime shifts are conceived as persistent changes in the structure and function of a system. Property rights are viewed as an important component of institutional regimes. The paper draws on a case study of flow regulation on the Pongolo Floodplain in South Africa to illustrate the central role of property rights in mediating institutional regime shifts. The case study illustrates that there are many combinations of property rights that underpin institutional regime shifts in the provision of freshwater ecosystem services. It provides useful insights into the consequences of failing to recognize, establish and enforce bundles of rights. A major thrust of the case study is that the nature and context of property rights are important in determining the long-term provision of these services. By examining the configurations of property rights that have governed the Pongola River floodplain over the years, the paper demonstrates the importance of explicitly defining and categorizing the range of rights.

  7. Exemplary Teachers: Teaching for Intellectual Freedom

    Science.gov (United States)

    Collinson, Vivienne

    2012-01-01

    Intellectual freedom has long been a desirable ideal and a foundational value for supporting democratic governance. Since 1948, it has been a universal human right. Given the unique nature of education in democratic societies, schools serve as a crucible for helping children understand and practise the rudiments of intellectual freedom. Drawing on…

  8. Property rights and water markets in Australia: An evolutionary process toward institutional reform

    Science.gov (United States)

    Pigram, John J.

    1993-04-01

    In the past decade far-reaching reforms have taken place in the Australian water industry. Extensive restructuring of water administration has been accompanied by increased evidence of willingness by public agencies to consider alternative institutional arrangements to the traditional regulatory approach to water allocation and use. In irrigated agriculture, a market-based system linked to enforceable property rights to water is seen as preferable to rule-based management of water resources. However, significant social and economic considerations and political realities constrain the unfettered operation of water markets. The challenge facing the irrigation industry in Australia is to put in place institutional arrangements which reflect the most appropriate mix of incentive-based and regulatory mechanisms for water management.

  9. [Asymmetry in international relations, industrial property rights and anti-HIV medication].

    Science.gov (United States)

    Costa-Couto, Maria Helena; Nascimento, Alvaro César

    2008-01-01

    This paper analyzes the asymmetry in the international relations as refers to the recognition of industrial property rights in the pharmaceutical industry. It focuses on the impact of such relations upon the access to ARV medication, an issue of worldwide interest due to its connection with the development of the nations. Clashing interests and the position taken by some countries in their patent laws point to a scenario less favorable for the access of peripheral countries to anti-HIV/AIDS medication. On the other hand, it seems that the success of the Brazilian STD/AIDS program in negotiating ARV prices will open new possibilities. The solution may be the internal strengthening of the National States and the active role played by the Agencies of the United Nations System in defense of the collective human interests.

  10. Protecting Community Rights over Traditional Knowledge - Phase III ...

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

    Existing intellectual property regimes protect individual rights for the purpose of commercial gain, but are often unsuitable for protecting the collective heritage of indigenous and local communities whose livelihoods rely on access to biodiversity. This is an important but under-researched field, with few concrete examples of ...

  11. Preliminary Research on Property Rights Derived from Personality%人格派生财产权初探

    Institute of Scientific and Technical Information of China (English)

    隋彭生

    2013-01-01

    “人格权商品化”及类似观点,使人格权具有了双重属性,颠覆了人们对人格权的既有认识,动摇了人们对人格权原有的逻辑判断和价值判断。人格派生财产权的观点认为,在人格权的基础上,权利人还享有人格派生财产权。它与人格权是有内在联系的两种民事权利,人格权是人格派生财产权的基础法律关系。人格派生财产权是以信息化人格要素和能够信息化的人格要素为客体的。人格派生财产权人可以就自己的人格要素为他人设立用益债权。用益债权是财产权,可以在市场上流通。人格派生财产权可以继承。肖像权、姓名权、隐私权及声音权等是具体人格权,是消极的禁止权,对肖像、姓名、隐私、声音等人格要素在经济上的积极利用,不是人格权固有的、本身的内容,而是财产权的内容。对肖像用益的一个前提,是把肖像转化为映像,映像是一种信息。姓名、声音、隐私等本身是一种信息,可以作为财产进行用益。%“Commercialization of Personality Rights”and similar argument ,make Personality Rights have dual attrib-utes, subvert the old cognition of Personality Rights and shake logical judgment and value judgments of Personality Rights that we shared before .The argument of “Property Rights Derived from Personality”thinks that on the basis of Personality Rights the Rights holders also have Property Rights Derived from Personality .Property Rights Derived from Personality and Personality Rights are two intrinsically linked civil rights .Personality Rights are the basic legal relationship of Property Rights Derived from Personality .The object of Property Rights Derived from Personality is personality factors that have been informatizated and can be informatizated .The owner of Property Rights Derived from Personality can use his own personality factors to establish Usufructuary Debt with

  12. Altered Right Ventricular Mechanical Properties Are Afterload Dependent in a Rodent Model of Bronchopulmonary Dysplasia

    Directory of Open Access Journals (Sweden)

    Jitandrakumar R. Patel

    2017-10-01

    Full Text Available Infants born premature are at increased risk for development of bronchopulmonary dysplasia (BPD, pulmonary hypertension (PH, and ultimately right ventricular (RV dysfunction, which together carry a high risk of neonatal mortality. However, the role alveolar simplification and abnormal pulmonary microvascular development in BPD affects RV contractile properties is unknown. We used a rat model of BPD to examine the effect of hyperoxia-induced PH on RV contractile properties. We measured in vivo RV pressure as well as passive force, maximum Ca2+ activated force, calcium sensitivity of force (pCa50 and rate of force redevelopment (ktr in RV skinned trabeculae isolated from hearts of 21-and 35-day old rats pre-exposed to 21% oxygen (normoxia or 85% oxygen (hyperoxia for 14 days after birth. Systolic and diastolic RV pressure were significantly higher at day 21 in hyperoxia exposed rats compared to normoxia control rats, but normalized by 35 days of age. Passive force, maximum Ca2+ activated force, and calcium sensitivity of force were elevated and cross-bridge cycling kinetics depressed in 21-day old hyperoxic trabeculae, whereas no differences between normoxic and hyperoxic trabeculae were seen at 35 days. Myofibrillar protein analysis revealed that 21-day old hyperoxic trabeculae had increased levels of beta-myosin heavy chain (β-MHC, atrial myosin light chain 1 (aMLC1; often referred to as essential light chain, and slow skeletal troponin I (ssTnI compared to age matched normoxic trabeculae. On the other hand, 35-day old normoxic and hyperoxic trabeculae expressed similar level of α- and β-MHC, ventricular MLC1 and predominantly cTnI. These results suggest that neonatal exposure to hyperoxia increases RV afterload and affect both the steady state and dynamic contractile properties of the RV, likely as a result of hyperoxia-induced expression of β-MHC, delayed transition of slow skeletal TnI to cardiac TnI, and expression of atrial MLC1. These

  13. Right to property, inheritance, and contract and persons with mental illness.

    Science.gov (United States)

    Bhugra, Dinesh; Pathare, Soumitra; Joshi, Rajlaxmi; Nardodkar, Renuka; Torales, Julio; Tolentino, Edgardo Juan L; Dantas, Rubens; Ventriglio, Antonio

    2016-08-01

    Discrimination against people with mental illness is rife across the globe. Among different types of discrimination is the policy in many countries where persons with mental illness are forbidden to inherit property, and they are not able to enter into a contract in a large number of countries. Using various databases, legislations dealing with law of contract, law of succession/inheritance, and law relating to testamentary capacity (wills) of all UN Member states (193 countries) were studied. With respect to federal countries, the laws of the most populous state as a representative state in the respective country were studied. Only 40 Member States (21%) recognize/allow persons with mental health problems to enter into contracts. Of these, however, only 16 Member States (9%) recognize the right of persons with mental health problems to enter into a contract without any restrictions. The remaining 24 Member States (12%) allow a contract entered into by a person with mental health problems to be invalidated under certain conditions. These countries also make the validity of the contract subject to the capacity to consent or based on the level of understanding of the person with mental health problems. They may allow persons with mental health problems to enter into contracts only for transactions of an insignificant nature or of personal rights. Only 9% of the countries allow people with mental illness to enter into contracts in an unrestricted way. Furthermore, there remain variations between high income and low income states. In spite of international laws in many countries, laws remain discriminatory.

  14. The legacy of social conflicts over property rights in rural Brazil and Mexico : Current land struggles in historical perspective

    NARCIS (Netherlands)

    Vergara-Camus, Leandro

    2012-01-01

    This article proposes an approach to the agrarian question that focuses on the establishment of absolute private property rights over land in Brazil and Mexico. The author argues that current land struggles are conditioned by the property regimes inherited from past struggles. The author examines

  15. Network access charges, vertical integration, and property rights structure - experiences from the German electricity markets

    International Nuclear Information System (INIS)

    Growitsch, C.; Wein, T.

    2005-01-01

    After the deregulation of the German electricity markets in 1998, the German government opted for a regulatory regime called negotiated third party access, which would be subject to ex-post control by the federal cartel office. Network access charges for new competitors are based on contractual arrangements between energy producers and industrial consumers. As the electricity networks are incontestable natural monopolies, the local and regional network operators are able to set (monopolistic) charges at their own discretion, restricted only by the possible interference of the federal cartel office (Bundeskartellamt). In this paper we analyze if there is evidence for varying charging behaviour depending on the supplier's economic independence (structure of property rights) or its level of vertical integration. For this purpose, we hypothesise that incorporated and vertically integrated suppliers set different charges than independent utility companies. Multivariate estimations show a relation between network access charges and the network operator's economic independence as well as level of vertical integration: on the low voltage level for an estimated annual consumption of 1700 kW/h, vertically integrated firms set-in accordance with our hypothesis-significantly lower access charges than vertically separated suppliers, whereas incorporated network operators charge significantly higher charges compared to independent suppliers. These results could not have been confirmed for other consumptions or voltage levels. (author)

  16. Owning genetic information and gene enhancement techniques: why privacy and property rights may undermine social control of the human genome.

    Science.gov (United States)

    Moore, A D

    2000-04-01

    In this article I argue that the proper subjects of intangible property claims include medical records, genetic profiles, and gene enhancement techniques. Coupled with a right to privacy these intangible property rights allow individuals a zone of control that will, in most cases, justifiably exclude governmental or societal invasions into private domains. I argue that the threshold for overriding privacy rights and intangible property rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. Once the bar is raised, so-to-speak, the burden of overriding it is formidable. Thus many policy decisions that have been recently proposed or enacted--citywide audio and video surveillance, law enforcement DNA sweeps, genetic profiling, national bans on genetic testing and enhancement of humans, to name a few--will have to be backed by very strong arguments.

  17. Seed science in the 21st century: rights that scientist have to deal with

    NARCIS (Netherlands)

    Louwaars, N.P.

    2012-01-01

    Seed researchers, like anybody else working with materials containing genes, have to deal with a variety of rules. Their ‘freedom to operate’ does not only depend on intellectual property rights but also on various rights arising from biodiversity policies and possibly traditional knowledge. The

  18. The importance of industrial property rights, legal monopolies for fair competition; La importancia de los derechos de propiedad industrial. Monopolios legales para una competneica leal

    Energy Technology Data Exchange (ETDEWEB)

    Hernandez Rodriguez, J. A.

    2011-07-01

    Industrial property rights are an exception, perhaps the main, for freedom competition and entrepreneurial freedom. Those rights give the holder an exclusive right, and the existence of these legal monopolies is essential for the development of fair competition. Industrial property rights are national and, therefore, to obtain registration and exclusive rights in several countries, they must register on each of them. However, in recent years are emerging industrial property rights with impact on a number of countries (Community marks and designs). (Author)

  19. 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.

  20. 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.