scholarly journals Modalities, Challenges, and Possibilities

2021 ◽  
Vol 7 (1) ◽  
pp. 1-42
Author(s):  
Peter K. Yu
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Pharmaceutical Innovation ◽  
Public Access ◽  
The Public ◽  
Property System ◽  
Introductory Article ◽  
To Come ◽  
Proper Balance

On October 25, 2019, the Texas A&M Journal of Property Law and the Center for Law and Intellectual Property at Texas A&M University School of Law jointly organized the “Pharmaceutical Innovation, Patent Protection, and Regulatory Exclusivities” Symposium. Although none of the organizers and participants could predict what was to come in the next few months, there was a wide consensus that the rapid changes in the pharmaceutical landscape and our continuous struggle to strike a proper balance between proprietary protection and public access in the public health arena deserves scholarly, policy, and regulatory attention. To help contextualize the articles included in this special issue and to inform readers about the inspirations and motivations behind the Symposium, Part II of this Introductory Article explores the different modalities of protection—in particular the role of patents and regulatory exclusivities in providing the needed incentives to pharmaceutical developers. Part III identifies three sets of challenges that affect the future of pharmaceutical innovation at both the domestic and international levels. Part IV utilizes a very recent event—the COVID-19 pandemic—to illustrate the wide array of policy options and possibilities both within and outside the intellectual property system. This Part makes salient the nexus between the domestic and international debates on pharmaceutical innovation.

scholarly journals Public Domain and the Copyright. State Participation and Public Interests in the Information Age

2015 ◽  
pp. 32-36
Author(s):  
Ivan I. Zasursky
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Cultural Values ◽  
Information Age ◽  
Public Domain ◽  
Public Access ◽  
Public Interests ◽  
The Public ◽  
State Participation

The article presents a review of development of the copyright system and brings up the issue of public domain. The role of state is considered to be in dissemination, conservation and augmentation of cultural values, knowledge and information. Currently, the attempts to protect intellectual property and interests of the industry in Russia jeopardize the public access to the objects of public cultural heritage. The author suggests 10 steps necessary to develop the public domain in the field of culture and science and to transform the current copyright standards.

scholarly journals Analysis of the performance of the brazilian intellectual property system: challenges and perspectives

2018 ◽  
Vol 18 (2) ◽  
pp. 172-199 ◽  
Author(s):  
Cleiton Rodrigues de Vasconcelos ◽  
Daniel Pereira da Silva
Keyword(s):  
Intellectual Property ◽  
Computer Program ◽  
Management System ◽  
Development Process ◽  
Industrial Design ◽  
Methodological Approach ◽  
Geographical Indication ◽  
The Public ◽  
Property System ◽  
The Right

The protection of intellectual property (IP) is a crucial area to support the development process of any country, as it is in this context that the biggest strategic disputes are taking place. In recent years Brazil has developed some actions to achieve greater efficiency in the public IP management system, but are we on the right track? The present study seeks to present answers regarding the performance of Brazil and to highlight the advances and challenges regarding the IP system. The methodological approach was structured based on a review in the literature, highlighting the scientific, economic and technological indicators on the development of IP and the main IP objects registered with the Brazilian national intellectual property body (INPI) in the period of 2013 to 2016, in the areas of patents, trademarks, industrial design, computer program, circuit topography, technology contracts and geographical indication.

Compensated Motherhood and the State

2017 ◽  
Author(s):  
Catherine E. Rymph
Keyword(s):  
Nineteenth Century ◽  
Child Welfare ◽  
Foster Parents ◽  
The State ◽  
The Public ◽  
Child Welfare Professionals ◽  
The 1960S ◽  
Proper Balance

This chapter examines the role of foster parents as workers, an idea rooted in the nineteenth century role of the “boarding mother.” Child Welfare professionals, foster parents, and the public struggled over the proper balance between paying adequate board to foster parents while ensuring that desire to nurture a child remained the paramount motivation. By the 1960s, foster parents began organizing themselves, culminating in the formation of the National Foster Parents Association in 1971.

Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India

2011 ◽  
pp. 74-114
Author(s):  
Rakhi Rashmi
Keyword(s):  
Developing Countries ◽  
Optimal Policy ◽  
Patent Protection ◽  
Trips Agreement ◽  
Public Access ◽  
The Public ◽  
Transfer Of Technology ◽  
The People ◽  
The Right ◽  
Government Initiative

In theory, patents work by providing the inventor an incentive to invent in the first place and then to disclose. Disclosure to the public is rewarded by giving the inventor a monopoly. As product patent and higher patent protection has been advocated by Art 27.1 of the TRIPs agreement on the basis that for greater innovation through transfer of technology is a necessity in developing countries like India as it provides capital to fund expensive innovations, who are otherwise not be able to fund expensive innovations on its own. On the other hand, at the same time drugs are also related with the health of the people and to take care of the health of the people is the utmost priority of any Government and there are issues like accessibility with regard to strong patent protection to biopharma products and data exclusivity. Also as per Art 7 of the TRIPs transfer of technology has to occur to the developing countries in order to promote technological innovations, which is conducive to social and economic welfare. Therefore, striking the right balance between incentive and public access creates a tension is essential. This study suggests optimal policy (Patent and other regulations) to have a balance between biopharma drugs innovation and their access in India while complying with the provisions of the TRIPs agreement by broadly categorising variables such as (1) patent policy such as the scope of biotech patents and the extent of the right in terms of breadth and length; and (2) regulatory environment such as the taxation incentive, Investment policy, Government initiative for the development of this sector etc.

14. Key elements of the patent system

2020 ◽  
pp. 230-245
Author(s):  
Ian J. Lloyd
Keyword(s):  
Patent Protection ◽  
World Trade Organisation ◽  
Patent System ◽  
The European Union ◽  
The United Kingdom ◽  
System P ◽  
To Come ◽  
The Uk ◽  
Near Future

This chapter considers the nature and manner of operation of the patent system. Patents date back to around the 14th century. For the United Kingdom they began as a means to encourage the importation of foreign skills and technology, fell into disrepute as they were used by monarchs to confer monopolies in respect of the sale of well-known objects such as playing cards and eventually from the late seventeenth century settled into their present role of granting temporary monopolies to those who make inventions. The chapter examines the criteria that will be applied in determining whether an invention is eligible for patent protection and the procedures that will required to be followed in order to obtain this. Unlike copyright which applies effectively on a global basis, the patent system has operated on a national basis. A UK patent will be valid and enforceable in the UK but nowhere else. There are international agreements, however, designed to simplify the task of obtaining protection in a range of countries and the operation of these will be considered as well as the treatment of intellectual property within the General Agreement on Trade in Services and the World Trade Organisation. Within the European Union, the possible introduction of a unitary patent has been the subject of discussion for many years and appears likely to come to fruition in the near future although the involvement of the UK post Brexit is uncertain.

scholarly journals ‘deep wounds… left… in hearts and minds’: South African Public History

2018 ◽  
Vol 24 ◽  
pp. 1-21
Author(s):  
Julia C. Wells
Keyword(s):  
South African ◽  
Public History ◽  
African Identity ◽  
The Public ◽  
Academic Communities ◽  
Knowledge Based ◽  
To Come ◽  
Oral History Interview ◽  
Hearts And Minds

Public history practise in South Africa holds out much promise of further things to come. It can close the gulf between history and heritage. This chapter argues that the role of the public historian should not be conflated with the dynamics of the heritage sector, but suggests how trained academics can indeed put their skills to work in a society that is passionately interested in understanding itself and how its pasts created the present. The student movement sharply raised the image of universities in crisis, requiring a whole new, relevant curriculum and rethinking the ways that universities relate to their publics. Public historians can work towards creating invented spaces for co-production of knowledge, moving beyond the traditional oral history interview. The divide between academia and communities is huge and needs to be constantly tackled, providing access to the secluded information of the professional world. I suggest that due to their privileged place in society, many historians have been unable or unwilling to engage with the recovery agenda – the massive need for affirmation of African identity, capacity and culture. A handful of dedicated public historians do not fit this mould and have been exemplary in rolling up their sleeves and boldly engaging with the messy complications of dealing with non-academic communities to produce new forms of historical knowledge, based on inclusiveness.

The exploitation of publicly funded research intellectual property in Malaysia

2020 ◽  
Vol 10 (4) ◽  
pp. 486-502
Author(s):  
Haswira Nor Mohamad Hashim ◽  
◽  
Muhamad Helmi Muhamad Khair ◽  
Anida Mahmood ◽  
Rohazar Wati Zuallcobley ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Open Innovation ◽  
Public Universities ◽  
Innovation Strategy ◽  
Publicly Funded ◽  
Structured Interviews ◽  
The Public ◽  
Funded Research ◽  
Property System ◽  
Socio Economic Impact

This article reports a study that aims to formulate an outbound open innovation strategy for the exploitation of publicly funded research intellectual property in Malaysia. The outbound open innovation strategy is proposed due to the inability of the existing intellectual property commercialization strategy of Malaysian public universities to optimize the exploitation of publicly funded research intellectual property. The current strategy assumes that the best exploitation route is by way of commercialization to enable the public universities to monetize the publicly funded research intellectual property. This strategy creates a legal barrier since publicly funded research intellectual property is locked up behind proprietary rights and a rigid licensing regime. In contrast, outbound open innovation strategy allows publicly funded research intellectual property to be exploited through permissive licensing. This study employs a mixed-methods approach involving semi-structured interviews and survey questionnaires with technology licensing officers of Malaysian public universities. The output of this study is an outbound open innovation strategy which connects innovation to the intellectual property system and improves the socio-economic impact of publicly funded research intellectual property.

The Fight for Access to Government Records round Two: Enter the Computer

1994 ◽  
Vol 71 (3) ◽  
pp. 550-560 ◽  
Author(s):  
Sigman L. Splichal ◽  
Bill F. Chamberlin
Keyword(s):  
Local Governments ◽  
Public Access ◽  
Federal State ◽  
Court Cases ◽  
Public Records ◽  
The Public ◽  
Rapid Pace ◽  
State And Local ◽  
Government Records

Federal, state, and local governments are converting public records to computer formats at a rapid pace, creating novel issues with respect to public access. Record requesters are finding access laws, written when most documents were on paper and stored in file cabinets, inadequate when applied to requests for records held in government computers. As a result, requesters have turned to the courts to define the contours of public access in the computer age. Several court cases suggest government agencies are using the fact information is in a computer as an excuse to withhold records. This paper underlines the need to rewrite access laws to acknowledge the pervasive role of computers in government. It proposes a fifteen-point approach to computerized information to help guide the public and media in their quest to ensure computers are used to enhance public access, not undermine it.

scholarly journals LEGAL PROTECTION OF PATENT RIGHTS IN INDONESIA

2019 ◽  
Author(s):  
ega yuliani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
The Public ◽  
Patent Rights ◽  
The Government ◽  
The Right ◽  
Privately Owned

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better.

scholarly journals Transparency in EU Trade Policy: A Comprehensive Assessment of Current Achievements

2021 ◽  
Vol 9 (1) ◽  
pp. 261-271 ◽  
Author(s):  
Axel Marx ◽  
Guillaume Van der Loo
Keyword(s):  
Trade Policy ◽  
Case Law ◽  
Two Dimensions ◽  
Public Access ◽  
The European Union ◽  
Implementation Phase ◽  
The Public ◽  
Institutional Actors ◽  
The Eu

<p>The EU trade policy is increasingly confronted with demands for more transparency. This article aims to investigate how transparency takes shape in EU trade policy. First, we operationalize the concept of transparency along two dimensions: a process dimension and an actor dimension. We then apply this framework to analysis of EU Free Trade Agreements (FTAs). After analyzing transparency in relation to FTAs from the perspective of the institutional actors (Commission, Council and Parliament), the different instruments and policies that grant the public actors (civil society and citizens) access to information and documents about EU FTAs are explored by discussing Regulation 1049/2001, which provides for public access to European Parliament, Council and Commission documents, and the role of the European Ombudsman. The article is based on an analysis of official documents, assessments in the academic literature and case-law of the Court of Justice of the European Union. The ultimate aim is to assess current initiatives and identify relevant gaps in the EU’s transparency policies. This article argues that the EU has made significant progress in fostering transparency in the negotiation phase of FTAs, but less in the implementation phase.</p>

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