Content, digitisation and intellectual property rights: an institutional perspective

2010 ◽  
Vol 35 (4) ◽  
pp. 5-11
Author(s):  
Matthew Bailey
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Cultural Institutions ◽  
Institutional Perspective ◽  
The Past ◽  
Key Characteristics ◽  
Challenges And Opportunities ◽  
History Of ◽  
Working Practices

Cultural institutions the world over share certain key characteristics: the care of the items in their collection, the means of enabling access to these items, and the task of sustaining their ability to do both of these things. In the past decade, digitisation and supply of digital content has become increasingly important for museums and galleries wanting to disseminate their content to a global audience. What processes are involved in doing this, and how have they impacted on organisations and their working practices? What role do intellectual property rights play in this, and what are the associated challenges and opportunities in this area? This article will present the perspective of the National Portrait Gallery, London, investigating the history of its digitisation activities and its ongoing commitment to access and responsible IPR management through Picture Library licensing and image management activities.

scholarly journals Protecting Intellectual Property Rights and Traditional Ecological Knowledge: A Critical Look at Peru's Law 27811

2020 ◽  
Vol 79 (1) ◽  
pp. 69-79
Author(s):  
Michelle Hak Hepburn
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Traditional Ecological Knowledge ◽  
Indigenous Communities ◽  
Ecological Knowledge ◽  
History Of ◽  
Protecting Intellectual Property ◽  
San Martín

The Peruvian government's Law N. 27811, an intellectual property law passed in 2002 and designed to register and protect traditional knowledge, provides productive opportunities for critical analysis. Framed within the trajectory of international intellectual property rights and discussions that complicate the integration of Traditional Ecological Knowledge (TEK) into Cartesian scientific frameworks, this paper critically examines how the Peruvian law has been implemented and its impacts in Indigenous communities, particularly in the Andean Amazon region. The analysis is based on the author's work assisting Indigenous communities in San Martin register their knowledge through this law. While the law represents an advanced legal attempt to address power inequalities, it remains problematic. It does not address the impoverishment of Indigenous Peoples and continues to subordinate Indigenous TEK to Cartesian science. Although it is a symbolic recognition of the value of Peruvian Indigenous Peoples, other mechanisms are still required to redress the long history of colonization and racism.

The Ethics of Intellectual Property Rights in an Era of Globalization

2013 ◽  
Vol 41 (4) ◽  
pp. 841-851 ◽  
Author(s):  
Aakash Kaushik Shah ◽  
Jonathan Warsh ◽  
Aaron S. Kesselheim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The United States ◽  
Industrial Society ◽  
The Past ◽  
Material Goods ◽  
Industrial Markets ◽  
Post Industrial ◽  
States Patent

In recent decades, advances in information technology have given rise to a post-industrial society in which emphasis on the manufacture of material goods has been supplanted by the creation of intellectual property. Indeed, this new “knowledge economy” can be tracked by the exponential growth in patented products across a range of sectors since the 1980s (see Figure 1). According to the United States Patent and Trademark Office, the number of annual patent applications submitted grew from 112,379 to 520,277 over the past three decades, a 464% increase.The transformation in the industrial markets has been accompanied by the rise of a new, global institution for coordinating intellectual property rights (IPRs): the World Trade Organization (WTO).

scholarly journals Intellectual Property Rights and the Ancient Indian Perspective

2015 ◽  
Vol 3 (2) ◽  
pp. 15 ◽  
Author(s):  
Janani Ganapathi ◽  
Venkat Pulla
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
High Potential ◽  
The Past ◽  
The World ◽  
Original Works ◽  
Indian Perspective

Intellectual Property Rights (IPRs) appear to be vital for the sustenance of our present society. Not only do they seem to protect the original works of creators but they also fight infringement, a major problem in today’s world. But do we really need to fear the use of our works by others? Is it right to consider knowledge as a commodity and seek recognition for it? Ancient Indian scriptures appear to suggest that people of the Indian sub-continent did not uphold the concept of ownership of bases of knowledge and believed that knowledge was to be passed down without reservations: A Parampara (tradition ) of the Guru ( the erudite teacher) and Sishya (the understudy). This article is an effort to understand the views and values of the present and past that appear consistently divergent. In this paper we also recognise the growing initiatives that call for knowledge to be freely shared through means of open licensing. In fact these initiatives across the world are indicative of a rising movement with high potential for change in people’s perspectives for a better world where knowledge is free. This paper in this context is our humble attempt to reconnect with the values of the past.

scholarly journals Ways to eliminate inflections in teaching disciplines of intellectual property

2021 ◽  
Author(s):  
Yurii Kuznetsov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Polytechnic Institute ◽  
The Other ◽  
Negative Consequences ◽  
Technical Creativity ◽  
History Of ◽  
Kyiv Polytechnic Institute

The history of introduction of disciplines devoted to the methodology of scientific and technical creativity, acquisition, protection, protection and commercialization of intellectual property rights in the Kyiv Polytechnic Institute (KPI) is presented chronologically. The positive and negative consequences of teaching disciplines in intellectual property and patent science are analyzed. Emphasis was placed on a strategic mistake when two disciplines (one legal, the other integrated engineering creative direction) merged into one and two teachers of two different departments of KPI began to teach.

Contextualizing the Disagreement of Intellectual Property Rights and Open Innovation Systems in Realizing the Goal of Innovation Society in India

2020 ◽  
pp. 377-383
Author(s):  
Sabuj Kumar Chaudhuri
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Open Innovation ◽  
Innovation System ◽  
Innovation Systems ◽  
Free Flow ◽  
History Of ◽  
Scientists And Engineers ◽  
Creative Endeavor

Innovation has always been the creative endeavor throughout the history of human civilization. With the inception of intellectual property rights (IPR) to protect the innovations almost 500 years back, the free flow of knowledge was obstructed, and further advancement of knowledge is somehow stunted. Emerging open innovation system with the sharing of knowledge beyond geographical boundaries has opened a new door to many possibilities. India, with her vast pool of scientists and engineers, can become an innovation society with a judicious combination of IP and open innovation systems. This chapter seeks to contextualize the trajectory evolves due to philosophical conflict that arises among intellectual property rights (IPR), open innovation systems, innovation society formation in India. It inquires to find a realistic sustainable path.

MORE THAN ONE DECADE OF VIAGRA: WHAT LESSONS CAN BE LEARNED FROM INTELLECTUAL PROPERTY RIGHTS IN THE ERECTILE DYSFUNCTION MARKET?

2014 ◽  
Vol 18 (04) ◽  
pp. 1450027
Author(s):  
CÁSSIA RITA PEREIRA DA VEIGA ◽  
CLAUDIMAR PEREIRA DA VEIGA ◽  
JANSEN MAIA DEL CORSO ◽  
EDUARDO WINTER ◽  
WESLEY VIEIRA DA SILVA
Keyword(s):  
Erectile Dysfunction ◽  
Data Analysis ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Longitudinal Research ◽  
Pharmaceutical Market ◽  
Patent Data ◽  
The Past ◽  
Technological Trajectory

The general objective of this study is to investigate the erectile dysfunction pharmaceutical market over the past two decades (1990–2010) through patent data analysis. The study of the erectile dysfunction market allows the analysis of the technological trajectory of Viagra® in its several phases, since the launching of a radical innovation, going through the accommodation of incremental innovations and eventually the release of generic versions of that product. This is a descriptive, documentary, longitudinal research that analyses five research hypotheses. The results show how the erectile dysfunction market has developed over the years and the lessons that can be extracted regarding Intellectual Property Rights for countries, companies and governments, including political and social considerations about how much should a patent protect innovation.

scholarly journals Intellectual Property Rights: The Other Side of the Coin

2021 ◽  
Vol VI (IV) ◽  
pp. 9-14
Author(s):  
Rao Raza Hashim ◽  
Bushra Arfeen
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Modern World ◽  
Technological Innovations ◽  
Use Of Resources ◽  
Development Costs ◽  
History Of ◽  
Global North ◽  
Survival Of The Fittest

The modern world operates on the survival of the fittest rule. Hence, there is cutthroat competition among the states, and every state is striving for greater economic development. Development is based on the minimal use of resources which in turn is dependent upon technological innovations. These innovations incur huge research and development costs and can easily be copied to serve as the basis for further developments by the rivals. Thus, the idea of Intellectual Property Rights (IPR) was introduced. While there are many advantages that these rights have to offer, they also prove to be deleterious in some ways as they also play a role in restricting innovation by the global North, which further widens the gap between both worlds. This paper traces the history of the IPR and develops an argument that proposes that IPR has been a cause of inequalities and has restricted innovation.

Recent Developments in China’s Antimonopoly Regulations on Abuse of Intellectual Property Rights

2017 ◽  
Vol 62 (4) ◽  
pp. 806-814
Author(s):  
Wang Xianlin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The Past ◽  
Public Comment ◽  
Recent Developments ◽  
Near Future ◽  
Ipr Protection

Over the past decade, while strengthening intellectual property rights (IPR) protection, China has also explored means to regulate the abuse of IPRs. IPR protection in China is mainly based on the Anti-Monopoly Law (AML), in particular Article 55. Recent years have seen more and more judicial and administrative enforcement practices related to China’s antimonopoly regulation on the abuse of IPRs. Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Eliminate or Restrict Competition was released on April 7, 2015, and the draft of Antimonopoly Guidelines in Relation to the Abuse of Intellectual Property Rights was released for public comment in early 2017. It can be expected that China’s antimonopoly guidelines on the regulation of abuses of IPRs will come out in the near future.

Ownership of intellectual property rights: Did Vodacom ‘sell’ its rights in Makate v Vodacom?

2021 ◽  
Vol 9 ◽  
pp. 18-34
Author(s):  
Malebakeng Agnes Forere
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Market Value ◽  
Constitutional Court ◽  
The Past ◽  
Fair Compensation

The case between Mr Makate and Vodacom, which was decided by the highest court in the land — the Constitutional Court, raises interesting intellectual property questions; yet it was argued and decided on as a purely contractual matter. Specifically, Vodacom was found to have been in breach of an agreement to reward a former employee who conceived an idea that led to the development of a product known as ‘Please Call Me’ while still employed by Vodacom. In the main, the dispute is now about fair compensation payable to Mr Makate. It is argued herein that the determination of fair compensation is predicated on the determination of ownership of the ‘Please Call Me’ product. This paper finds that ownership of the product in question vests in Vodacom in accordance with the Copyright Act and the Patents Act, even though the product was never patented, which, in turn, makes compensation to Mr Makate even less determinable. Accordingly, it is argued herein that any determination of compensation must be based on how the industry, in general, and Vodacom, in particular, has rewarded its employees who have conceived workable ideas in the past. Thus, compensation cannot be based on market value.

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