Domesticating Foreign Intellectual Property Laws in the Digital Age

2018 ◽  
pp. 125-142
Author(s):  
Suzi Mirgani
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
World Trade ◽  
International Markets ◽  
Economic Framework ◽  
Digital Era ◽  
Industrialized Nations ◽  
The Face ◽  
Knowledge Economies ◽  
The Many

This chapter examines some of the challenges faced by GCC nations as they attempt to modernize their economies in the digital era and in the face of substantial technological transformations. In order to fit within repositioned international markets geared towards knowledge economies, GCC states need to abide by the many rules and regulations in the area of intellectual property protection that have been developed and dictated by the World Trade Organization and the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Interestingly, even as Gulf governments introduce externally imposed legal systems, they attempt to “domesticate” foreign intellectual property laws to gain a competitive advantage by investing in the production of locally-produced content and promoting niche areas of intellectual property, including the protection of traditional knowledge rights. This is an area generally neglected by industrialized nations that tend to promote the concept of “innovation” rather than promoting and protecting collective knowledge. GCC states are attempting to use intellectual property laws to their own advantage with an emphasis on digital archiving and protection of traditional knowledge, heritage, and folklore. By promoting and protecting locally-produced content, GCC states can aspire to the globalized international economic framework as envisioned by the WTO.

scholarly journals What's in a copy?

2013 ◽  
Vol 10 (1) ◽  
pp. 20-39 ◽  
Author(s):  
Gustavo Lins Ribeiro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Knowledge Society ◽  
Social Practices ◽  
Pedagogical Practices ◽  
Digital Era ◽  
Cultural Life ◽  
The Many

I will answer the question "What's in a copy?" by considering three sets of related issues: the importance of copies in academia; in cultural life; and in the economic world. In academia the current capability of making copies is challenging pedagogical practices and the trust of its members, plagiarism being the most immediate problem. The notion of authorship is also undergoing changes provoked by a proliferation of authors and new possibilities opened up by cyberspace. In cultural life, imitation and mimesis have long been fundamental engines of socialization. Our enhanced capacity of copying problematizes, with new intensity, the relationships between homogeneity and heterogeneity, between the genuine and the spurious. In the economic world, the digital era is threatening some of the fundamental tenets of capitalism, especially of its variant called the "knowledge society", regarding the control of intellectual property rights. The gap between normativity and social practices is widening. The many dilemmas and tensions identified in the text are understood as symptoms of two major characteristics of the current times: hyperfetishism and hyperanimism.

World Trade Law

2015 ◽  
Author(s):  
Marc D. Froese
Keyword(s):  
World War Ii ◽  
Intellectual Property ◽  
World Trade ◽  
World War ◽  
Most Favored Nation ◽  
Political Issues ◽  
Developed Economies ◽  
Goods And Services ◽  
Trade Law ◽  
The Many

After World War II, a body of rules and institutions have emerged for the purpose of regulating global flows of goods and services. These are known as world trade law, classified under international economic law, an expanding body of transnational regulatory treaties and institutions. World trade law has evolved within the global trading system following the Second World War, beginning with the General Agreement on Tariffs and Trade (GATT), which came into force in 1948. The most-favored nation and national treatment principles are the most prominent principles that give world trade law its distinctive form. The World Trade Organization (WTO) provides a vast store of literature, which covers the waterfront of legal and political issues that animate the global political economy of trade. The WTO’s predecessor, the GATT, also contributed extensively to the growing body of literature on world trade law. The WTO’s inclusion of agreements on the liberalization of services, investment, and intellectual property have begun lively debates about the possible trajectories of governance in new issue areas, such as anti-dumping and intellectual property rights. In addition to the issues raised by the inclusion of many small economies in the institutions of global trade governance, the rise of world trade law has simultaneously highlighted the many areas of importance to national publics in developed economies where trade overlaps with social priorities.

The Many Faces of Socioeconomic Change

2017 ◽  
Author(s):  
John Toye
Keyword(s):  
Socioeconomic Development ◽  
Adam Smith ◽  
First Century ◽  
Social Progress ◽  
Long Time ◽  
The Face ◽  
Scientific Expertise ◽  
The Many ◽  
Century Development

This book provides a survey of different ways in which economic sociocultural and political aspects of human progress have been studied since the time of Adam Smith. Inevitably, over such a long time span, it has been necessary to concentrate on highlighting the most significant contributions, rather than attempting an exhaustive treatment. The aim has been to bring into focus an outline of the main long-term changes in the way that socioeconomic development has been envisaged. The argument presented is that the idea of socioeconomic development emerged with the creation of grand evolutionary sequences of social progress that were the products of Enlightenment and mid-Victorian thinkers. By the middle of the twentieth century, when interest in the accelerating development gave the topic a new impetus, its scope narrowed to a set of economically based strategies. After 1960, however, faith in such strategies began to wane, in the face of indifferent results and general faltering of confidence in economists’ boasts of scientific expertise. In the twenty-first century, development research is being pursued using a research method that generates disconnected results. As a result, it seems unlikely that any grand narrative will be created in the future and that neo-liberalism will be the last of this particular kind of socioeconomic theory.

General Principles for Integration

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Resolution Function ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Prior Analysis

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

scholarly journals William James and the Sustainable Transformation of Values, with a Case Study for Rethinking the American Dream

Human Arenas ◽  
2021 ◽  
Author(s):  
Paul Croce
Keyword(s):  
Economic Growth ◽  
Social Transformation ◽  
American Dream ◽  
William James ◽  
Social Issues ◽  
Virus Spread ◽  
Global Pandemic ◽  
The Face ◽  
The Many

AbstractThis article addresses the call of the Psychology of Global Crises conference for linkage of academic work with social issues in three parts: First, examples from conference participants with their mix of bold calls for social transformation and realization of limits, a combination that generated few clear paths to achieving them. Second, presentation of Jamesian practical idealism with psychological insights for moving past impediments blocking implementation of ideals. And third, a case study of impacts from the most recent prominent crisis, the global pandemic of 2020, which threatens to exacerbate the many crises that had already been plaguing recent history. The tentacles of COVID’s impact into so many problems, starting with economic impacts from virus spread, present an opportunity to rethink the hope for constant economic growth, often expressed as the American Dream, an outlook that has driven so many of the problems surging toward crises. Jamesian awareness of the construction of ideological differences and encouragement of listening to those in disagreement provide not political solutions, but psychological preludes toward improvements in the face of crises.

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

The silence of the ellipses: Why history can’t be about telling our children lies

2021 ◽  
Vol 102 (5) ◽  
pp. 8-11
Author(s):  
Sam Wineburg
Keyword(s):  
History Textbooks ◽  
Historical Study ◽  
The Face ◽  
The Many ◽  
Over Time ◽  
Boston Massacre

History textbooks are less likely to be complete renderings of the truth than a series of stories textbook authors (and the many stakeholders who influence them) consider beneficial. Sam Wineburg describes how the process of writing history textbooks often leads to sanitized and inaccurate versions of history. As an example, he describes how the story of Crispus Attucks and the Boston massacre has evolved over time. The goal of historical study, he explains, is not to cultivate love or hate of the country. Rather, it should provide us with the courage needed to look ourselves unflinching in the face, so that we may understand who we were and who we might aspire to become.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

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