7. Patents

2019 ◽  
pp. 95-123
Author(s):  
Tim Press
Keyword(s):  
Pharmaceutical Industry ◽  
Public Interest ◽  
Technological Development ◽  
Individual Rights ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Technological Developments ◽  
The Subject ◽  
The Law

This chapter discusses patents, which are granted for new and inventive technological developments but not for developments in the creative or non-technological arts. Areas on the borderline between technical and other forms of creativity are the subject of difficulty and controversy. Patents last for 20 years from application, but may be revoked at any time on the grounds that the invention does not meet the requirements for patentability. Manufacturing or dealing in products, or carrying out processes, as described in the patent’s claims, infringes the patent. Unlike copyright, where both economic and individual rights are important, the main reasons for the grant of patents are economic, to encourage technological development. Patents are considered essential to many industries such as the pharmaceutical industry, where there is also a strong public interest in the development and accessibility of technology. The law must strike a balance between the public and private interests.

7. Patents

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
Pharmaceutical Industry ◽  
Public Interest ◽  
Technological Development ◽  
Individual Rights ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Technological Developments ◽  
The Subject ◽  
The Law

This chapter discusses patents, which are granted for new and inventive technological developments but not for developments in the creative or non-technological arts. Areas on the borderline between technical and other forms of creativity are the subject of difficulty and controversy. Patents last for 20 years from application, but may be revoked at any time on the grounds that the invention does not meet the requirements for patentability. Manufacturing or dealing in products, or carrying out processes, as described in the patent’s claims, infringes the patent. Unlike copyright, where both economic and individual rights are important, the main reasons for the grant of patents are economic, to encourage technological development. Patents are considered essential to many industries such as the pharmaceutical industry, where there is also a strong public interest in the development and accessibility of technology. The law must strike a balance between the public and private interests.

scholarly journals Currency circulation and its organization in the Russian Federation as a public need and interest

2021 ◽  
pp. 47-55
Author(s):  
Oleg Mikhailovich Krylov
Keyword(s):  
Public Interest ◽  
Public Life ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Legislative Framework ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the categories of “public need” and “public interest”. The object is the currency circulation and its organization. The author examines the elements of currency circulation, which represent independent public needs with corresponding public interests in its organization. Special attention is given to interrelation between the public needs in currency circulation and public interests, which serves as the legislative framework for currency circulation and observance of the balance of public and private interests in organization of currency circulation. The conclusion is drawn on the representatives of public interest in currency circulation and interdependence of public needs in currency circulation on the corresponding public interests in its organization. The author also formulates a number of interesting conclusions on interrelation between public needs in currency circulation, public interests and needs in other spheres of public life and organization of currency circulation, which serve as the legislative framework for currency circulation and observance of balance of public and private interests in organization of currency circulation. The novelty of this research consists in determination of the content of public interest in currency circulation, as well as in establishment of correlation with public interests and needs in other spheres of public life.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals The standing of the public interest

2016 ◽  
Vol 2 (49) ◽  
pp. 46 ◽  
Author(s):  
Amitai Etzioni
Keyword(s):  
National Security ◽  
Public Interest ◽  
Common Good ◽  
A Priori ◽  
Individual Rights ◽  
The Public ◽  
The Common Good ◽  
Technological Developments ◽  
The Common ◽  
Liberal Communitarianism

Liberal communitarianism holds that a good society is based on a carefully crafted balance between individual rights and the common good; that both normative elements have the same fundamental standing and neither a priori trumps the other. Societies can lose the good balance either by becoming excessively committed to the common good (e.g. national security) or to individual rights (e.g. privacy). Even societies that have established a careful balance often need to recalibrate it following changes in historical conditions (such as the 2001 attacks on the American homeland) and technological developments (such as the invention of smart cell phones).

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

Privacy Rights and Satellite Broadcasts

1993 ◽  
Vol 27 (3) ◽  
pp. 384-414
Author(s):  
Jonathan Gillis
Keyword(s):  
Public Interest ◽  
Subject Matter ◽  
Practical Problem ◽  
Privacy Rights ◽  
The Public ◽  
News Broadcasts ◽  
Tv News ◽  
The Subject ◽  
The Law ◽  
Private Individual

The subject matter of this article is, at bottom, a practical problem. It accepts that people have a right to privacy and that this right should find proper protection in the law. It asks, simply, whether such protection is at all feasible given the particular technology of broadcast by satellite.For the purposes of investigating this problem several issues must be addressed. First is the nature of the violation of privacy involved. Our concern here is principally with TV news broadcasts. We begin from the point where the debate over “what is in the public interest versus what the public is interested in” has ended; there will be general consensus that the content of a certain broadcast represents a violation of an individual's privacy and one about which the law should do something. An example might be the filming in the public domain of a private individual caught in the shock of personal grief or tragedy. In such a case we would need to investigate the nature of the injury involved in any subsequent broadcast of these sounds and images, and to ask what dimension, if any, is added to this injury by their simultaneous broadcast across the globe.

Sportgulation: Courts as ‘deus ex machina’ in defining the ‘public interest’ in sport broadcasting – The case of Israel

2017 ◽  
Vol 79 (2) ◽  
pp. 190-202 ◽  
Author(s):  
Ilan Tamir ◽  
Yehiel Limor
Keyword(s):  
Public Interest ◽  
Women's Sport ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Public Broadcasting Service ◽  
Women's Basketball ◽  
Court Intervention ◽  
Broadcasting Service ◽  
Israeli Supreme Court

In 2005, following an appeal to the High Court of Justice, secret financial agreements between the Israel Broadcasting Authority and Maccabi Tel Aviv basketball team (a privately owned team that plays regularly in top European tournaments) were exposed. The documents revealed that the Israel Broadcasting Authority paid 26 million dollars in the previous six years for broadcasting Maccabi’s games, in addition to indirect payments related to sponsors. At the same year, the Israeli Supreme Court ordered the Israeli Broadcasting Authority to broadcast all games of the Israeli women’s basketball champion, as part of European tournaments, after the Authority refused to do so. Why was one team favored by the public broadcasting service while the other required court intervention? Who, then, defines the public interest in sport? Who enjoys being broadcast: only national teams in popular sport branches (football and basketball) or private teams as well? Is it ‘men only’ or women’s sport is also considered worthy to be broadcast? This study seeks to examine the pressures and interests regarding sport broadcasting and focus on the role of courts as a ‘deus ex machina’ in solving the competition between the public and private interests. Based on analysis of courts’ decisions and in-depth interviews with senior officials at the three regulatory organs, who regulate all Israeli TV outlets and channels, we draw a complicated web of economic, political, and legal interests and pressures. When no one wins the ‘pressure game,’ it comes to court, which has to decide and define what a ‘public interest’ is, and thus becomes, de facto, a fourth regulator of the TV in sport broadcasting. The decisions made concerning sport broadcasting rights in Israel offer a window in the wider question of how Israel defines the public interest in broadcasting.

scholarly journals How to Do Surgery on the Constitutional Law of Libel

2021 ◽  
Vol 74 (1) ◽  
pp. 145-168
Author(s):  
R. George Wright
Keyword(s):  
First Amendment ◽  
Public Interest ◽  
Subject Matter ◽  
Constitutional Law ◽  
Tort Law ◽  
Public And Private ◽  
Public Figure ◽  
The Public ◽  
The Subject ◽  
Public Versus Private

Of late, the constitutional law of libel has become the focus of increasing dissatisfaction. This dissatisfaction has taken various forms. The argument below, however, is that the most crucial defect of constitutional libel law lies in the Court’s continuing attempts to draw and utilize distinctions among public figure and private figure libel plaintiffs. The Court should abandon these attempts. Instead, the Court should attend, broadly and fundamentally, to the constitutionally vital distinction between libelous speech that does or does not address some matter of public interest and concern. The argument below first emphasizes the constitutional logic underlying the Court’s initial imposition of First Amendment limitations on the state tort law of libel. The argument then critiques the Court’s initial embrace of a supposedly fundamental but actually distracting distinction between public and private figure libel plaintiffs. Interestingly, for a brief time, a divided Court returned to a focus on the underlying logic of putting First Amendment limits on the tort of libel, only to then re-distract itself with a renewed focus on questions of public and private figure status. Perhaps inevitably though, the Court’s emphasis on public versus private figure status has been qualified, in limited ways, by recourse to the genuinely basic and more valuable distinction between speech that does or does not address some matter of public interest and concern. The argument then catalogs some additional problems inherent in the Court’s public versus private figure libel plaintiff distinction. The argument then defends the essential priority of a focus on the public interest versus merely private interest nature of the subject matter of the libel defendant’s speech. A brief, but comprehensive, conclusion then follows.

scholarly journals Persecução do interesse público em um cenário de múltiplos interesses: recomendações da OCDE e os conflitos regulados pela Lei nº 12.813/2013

2018 ◽  
Vol 277 (2) ◽  
pp. 149
Author(s):  
Fabrício Motta ◽  
Bruno Belém
Keyword(s):  
International Organizations ◽  
Public Interest ◽  
Conflicts Of Interest ◽  
Public Policies ◽  
Public And Private ◽  
The Public ◽  
Central Focus ◽  
Private Interests

<p>Persecution of the public interest in a scenario of multiple interests: the OECD’s recommendations and the conflicts regulated by Law 12.813/2013</p><p> </p><p>O artigo analisa a estrutura dos conflitos de interesses públicos e privados, tendo como foco central o exercício de competências por parte de agentes públicos. Com fundamento nos estudos realizados por organismos internacionais, especialmente pela OCDE, são identificados os elementos integrantes das políticas públicas da gestão de conflitos de interesses e sua organização, com o foco voltado para a preservação da integridade das decisões públicas e prevenção à corrupção, analisando-se a normatização e o conteúdo da lei brasileira que disciplina o conflito de interesses no âmbito da administração pública federal.</p><p> </p><p>The article analyzes the composure of conflicts of public and private interests, having as central focus the exercise of competences by public agents. Based on the studies carried out by international organizations, the elements that are part of the public policies of the management of conflicts of interest and their organization are identified, with a focus on preserving the integrity of public decisions and preventing corruption.</p>

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