scholarly journals The Role of National and International Intellectual Property Law and Policy in Reconceptualising the Definition of Investment

2021 ◽  
Vol 52 (2) ◽  
pp. 103-136
Author(s):  
Pratyush Nath Upreti
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Main Argument ◽  
Investment Arbitration ◽  
Law And Policy ◽  
The Social ◽  
Definition Of ◽  
Ip Law ◽  
Investment Agreements

AbstractThis article analyses the role of national and international intellectual property (IP) law in assessing IP as a protected investment. It offers two approaches for controlling investment arbitration related to intellectual property rights (IPRs), followed by an examination of the implications and challenges of those approaches. Its main argument is that even if a dispute arises from an investment (IP as an investment), it does not necessarily fall under the jurisdictional requirements of investment arbitration. Rather, assessing IP as an investment must be done by referring to national laws. This is more relevant in the case of IPRs as they are territorial. This means that rights and obligations are derived from national IP legislation. Essentially, only those IPRs that are “protected” by national regimes should be treated as investments. This article also examines the language used in investment agreements and arbitral awards to analyse the role of national law, particularly in determining the validity and scope of IP investments. Then it examines three IP-related arbitral cases to discuss how arbitral tribunals have used national law. Finally, it suggests approaches for controlling investment arbitration by integrating the territoriality principle and the social objectives and bargains achieved through international IP treaties.

scholarly journals Protection of Intellectual Property Rights in Investor-State Arbitration: Underlying Challenges and Perspectives

2021 ◽  
pp. 77-94
Author(s):  
Kateryna Lazarchuk ◽  
Oksana Zadniprovska
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Investment Arbitration ◽  
Property Rights Protection ◽  
Protecting Intellectual Property ◽  
Investment Agreements

This article provides an analysis of existing international mechanisms for protecting intellectual property rights and concludes whether investment arbitration can be an effective forum for resolving intellectual property disputes. It focuses on an examination of the scope of intellectual property rights protection by bilateral investment agreements, as well as the specifics of the investment dispute resolution procedure. In addition, the analysis includes an assessment of the territoriality principle of intellectual property rights and its application in Ukrainian law, as well as an examination of international investment treaties concluded with Ukraine to determine the scope of protection afforded to intellectual property.

scholarly journals A Quest to Prohibit Immoral Inventions? An Analysis of Law and Policy in Human Biotechnology

2021 ◽  
Vol 3 (3) ◽  
pp. 61-65
Author(s):  
Kun Shao
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rapid Evolution ◽  
Law And Policy ◽  
Patent Systems ◽  
Relationship Of ◽  
The Relationship

This paper consists of an identification and analysis of the place of, and role of ethics play, in the various patent systems currently in force in Europe. As for the rapid evolution of biotechnology advances, it is significant to observe the response from legislators and the measures put in place to address the further issues. Contemporaneously, this work aims to act as a commentary on the relationship of biotechnology with intellectual property rights, and on the role played in this respect by law.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

scholarly journals IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis

2021 ◽  
Author(s):  
Danai Christopoulou ◽  
Nikolaos Papageorgiadis ◽  
Chengang Wang ◽  
Georgios Magkonis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Meta Analysis ◽  
Host Countries ◽  
Productivity Spillovers ◽  
Domestic Firms ◽  
The Relationship ◽  
Positive Effect

AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.

MARCEL PAGNOL'S THE BAKER'S WIFE, A CINEMATIC CHARIVARI IN POPULAR FRONT FRANCE

2005 ◽  
Vol 48 (2) ◽  
pp. 437-469 ◽  
Author(s):  
BRETT BOWLES
Keyword(s):  
Middle Ages ◽  
Focal Point ◽  
Public Support ◽  
Popular Front ◽  
Partisan Politics ◽  
National Union ◽  
Late Middle Ages ◽  
The Social ◽  
Definition Of

Taking an anthropological approach, this article interprets Pagnol's critically acknowledged classic as a reinvention of a carnivalesque ritual practised in France from the late middle ages through the late 1930s, when ethnographers observed its last vestiges. By linking La Femme du boulanger (The baker's wife, 1938) to contemporaneous debates over gender, national decadence, and the definition of French cultural identity, I argue that the film recycles the charivari's long-standing function as a tool of popular protest against social and political practices regarded as detrimental to the welfare of the nation. In the context of the Popular Front, Pagnol's charivari ridiculed divisive partisan politics pitting Left against Right, symbolically purged class conflict from the social body, and created a new form of folklore that served as a focal point for the communitarian ritual of movie-going among the urban working and middle classes. In so doing, the film promoted the ongoing shift in public support away from the Popular Front in favour of a conservative ‘National Union’ government under Prime Minister Edouard Daladier, who in 1938–9 assumed the role of France's newest political patriarch.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

PERAN HAK CIPTA DALAM PEMBANGUNAN DAN KESEJAHTERAAN MASYARAKAT

2020 ◽  
Vol 2 (3) ◽  
pp. 37
Author(s):  
Andi Baso Ilmar M
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Rapid Development ◽  
Economic Value ◽  
Property Law ◽  
Community Activities ◽  
The Government ◽  
Legal Infrastructure

AbstrakIndonesia sebagai salah satu negara yang mengatur ketentuan Hak Kekayaan Intelektual khususnya Hak Cipta diatur dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Seiring dengan pesatnya perkembangan kreatifitas masyarakat dalam lingkup Hak Cipta yang memiliki nilai ekonomis dan dapat berpengaruh pada pertumbuhan ekonomi dalam masyarakat, kemudian bagaimana Hukum Kekayaan Intelektual khususnya dibidang Hak Cipta dapat meningkatkan kesadaran masyarakat sehingga dibutuhkan juga kesiapan infrastruktur hukum berupa regulasi untuk membantu perkembangan Hak Cipta di Indonesia sebagai payung hukum dari kegiatan masyarakat, serta bagaimana penagakannya. Penulisan ini bertujuan untuk mengetahui bagaimana peran kekayaan intelektual khususnya Hak Cipta dalam pembangunan demi menunjang kesejahteraan masyarakat. Seperti hasil kreatifitas masyarakat dibidang Hak Cipta yang dapat memiliki nilai ekonomis memiliki jaminan dan kepastian hukum dari pemerintah berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta.Kata Kunci: Hak Cipta, Pembangunan, Jaminan, Kepastian, Kesejahteraan. AbstractIndonesia as one of the countries that regulates the provisions of Intellectual Property Rights specifically Copyright is regulated in Law Number 28 of 2014 concerning Copyright. Along with the rapid development of community creativity in the scope of Copyright which has economic value and can affect economic growth in society, then how can Intellectual Property Law, especially in the field of Copyright, increase public awareness so that legal infrastructure readiness is also needed in the form of regulations to assist the development of Copyright in Unikom Center Indonesia as the legal umbrella for community activities, as well as how to enforce them. This writing aims to see how the role of intellectual property, especially copyright in development for the welfare of society. Such as the result of community creativity in the field of Copyright which can have economic value has legal guarantees and certainty from the government based on Law Number 28 of 2014 concerning Copyright.Keywords: Copyright, Development, Guarantee, Certainty, Prosperity.

Intellectual Property: Theory, Privilege, and Pragmatism

2003 ◽  
Vol 16 (2) ◽  
pp. 191-216 ◽  
Author(s):  
Adam D. Moore
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Secret ◽  
Social Constructions ◽  
Property Theory ◽  
General Terms ◽  
Anglo American ◽  
Definition Of

In the most general terms, this article focuses on the tension between competing justifications of intellectual property. Section I examines the nature and definition of economic pragmatism and argues that, while economic pragmatism comes in many flavors, each is either unstable or self-defeating. Section II advances the view that Anglo-American systems of intellectual property have both theoretical and pragmatic features. In Section III a sketch of a theory is offered--a theory that may limit applications of economic pragmatism and provide the foundation for copyright, patent, and trade secret institutions. To be justified--to warrant coercion on a worldwide scale--systems of intellectual property should be grounded in theory. Intellectual property rights are, in essence, no different than our rights to life, liberty, and tangible property. Intellectual property rights are neither pure social constructions nor bargains without foundations.

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