UNSETTELD INTERNATIONAL INTELLECTUAL PROPERTY ISSUES

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Unsettled International Intellectual Property Issues

Author : Tshimanga Kongolo
ISBN : 9789041126412
Genre : Law
File Size : 82.16 MB
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The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties. Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications. Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies - including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation - the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis. In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international 'protection instrument' that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet. As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.
Category: Law

International Intellectual Property Law And Human Security

Author : Robin Ramcharan
ISBN : 9789067049009
Genre : Law
File Size : 21.4 MB
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This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.
Category: Law

Unsettled Legitimacy

Author : William Donald Coleman
ISBN : 9780774817172
Genre : Political Science
File Size : 74.74 MB
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Under what conditions do individuals and communities accept globalizeddecision making as legitimate? And what political practices doindividuals and collectivities under globalization use to exerciseautonomy? To answer these questions, the contributors explore thedisruptions and reconfigurations of political authority that accompanyglobalization. Arguing that we live in an era in which politicallegitimacy at multiple scales of authority is under strain, they showthat globalization has also created demands for regulation, security,and the protection of rights and expressions of individual andcollective autonomy.
Category: Political Science

African Contributions In Shaping The Worldwide Intellectual Property System

Author : Tshimanga Kongolo
ISBN : 9781317184324
Genre : Law
File Size : 77.27 MB
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Africa is playing an increasingly more significant role in the domain of international intellectual property law, and this book underlines the contributions made by African countries as a group to the development of the current international IP system. It examines in detail their breakthrough proposals and initiatives at the WTO, WIPO and WHO with regard to IP and public health; IP and traditional knowledge, traditional cultural expressions and genetic resources; IP and biodiversity; and exceptions and limitations to copyright. Using Botswana, Burundi, Egypt, Ghana, Kenya, Mauritius, Morocco, South Africa and Tunisia as examples, it examines the systems under which these IP subject matters are protected. From a regional perspective, the book also analyses some initiatives taken by ARIPO, OAPI and the African Union to protect traditional knowledge and traditional cultural expressions, especially in relation to protection of the rights of local farming communities and breeders, regulation of access to biological resources, genetically modified organisms and the proposed establishment of the new Pan-African Intellectual Property Organization (PAIPO). Demonstrating how Africa is now an active player on the international IP scene, this book will be invaluable to those interested in intellectual property law, business and commercial law, and African and international law.
Category: Law

Global Dimensions Of Intellectual Property Rights In Science And Technology

Author : Office of International Affairs
ISBN : 9780309596206
Genre : Business & Economics
File Size : 85.94 MB
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As technological developments multiply around the globe--even as the patenting of human genes comes under serious discussion--nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnology--areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Category: Business & Economics

The International Law Of Property

Author : John G. Sprankling
ISBN : 9780191502521
Genre : Law
File Size : 34.2 MB
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
Category: Law

Computer Games And Virtual Worlds

Author : Ross A. Dannenberg
ISBN : 1604427507
Genre : Computers
File Size : 72.88 MB
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This book explores and discusses how to obtain traditional intellectual property law rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for researching these emerging legal issues. Each chapter addresses: end user license agreements; copyrights, patents, trademarks; and trade secrets, as addressed by U.S. law. It also covers international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.
Category: Computers

The Wto After Seattle

Author : Jeffrey J. Schott
ISBN : 0881322903
Genre : Business & Economics
File Size : 82.84 MB
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"The WTO after Seattle", presented by the Institute for International Economics, analyzes the problems and challenges facing the World Trade Organization after the failure of the Seattle trade ministerial in December 1999. The volume presents balanced perspectives on world trade problems by authors from the United States, Europe, Asia, and Latin America, with recommendations on what needs to be done in key areas to launch new talks.
Category: Business & Economics

Intellectual Property Rights In A Networked World

Author : Richard A. Spinello
ISBN : 1591405769
Genre : Business & Economics
File Size : 58.22 MB
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Annotation Intellectual Property Rights in a Networked World: Theory and Practice is a collection of contributions offering fresh perspectives on the scope and future of intellectual property rights. Part 1 consists of a single essay that provides a broad overview of the main themes in intellectual property scholarship. The second section of this book presents several essays that are intended to deepen the reader's understanding of intellectual property theory and show how it can help us to grapple with the proper allocation of property rights in cyberspace.
Category: Business & Economics

International Intellectual Property Law

Author : Anthony A. D'Amato
ISBN : UOM:39015040330998
Genre : Law
File Size : 42.97 MB
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International intellectual property law is a vast and burgeoning field that no single author can cover. This book collects and organizes works by some of the best current authors in the field, supplementing their work with numerous essays and notes prepared by the editors. A comprehensive appendix provides the controlling provisions of the major treaties in the field. The book's organization follows the theories underlying the protection of international intellectual property rights. For example, the editors have considered the historical and philosophical foundation of copyright protection in the context of the protection of culture and personality, while using examples drawn from patent protection to illustrate issues regarding compulsory licensing to ensure public use of certain forms of intellectual property. Numerous diverse examples from intellectual property protection address the difficult, emerging problem of `harmonization'--the alignment of national legislation through unilateral effort and bilateral and multilateral understandings among nations. International Intellectual Property Law also includes coverage of the protection of cultural patrimony, a closely related field sometimes excluded from works on international intellectual property. International intellectual property law issues offer no easy solutions. Differences in culture and economic development do not miraculously disappear as technology and communications shrink the world. The editors anticipate that the issues highlighted in this book will remain a source of contested legal accommodation as nations continue to struggle with the question of what norms, if any, should be established and secured for the protection of intellectual property rights.
Category: Law