Our Anti-Intellectual Property Rights System

2021 ◽  
pp. 139-158
Author(s):  
Dan Breznitz
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Free Market ◽  
Slowing Down ◽  
System P ◽  
Sustained Innovation ◽  
The Rich ◽  
The Many ◽  
Elegant Solution

The chapter explains why, properly used, intellectual property rights (IPR) are an elegant solution to the real problems of the inappropriability and indivisibility of innovation. Under free market conditions, these factors lead to a situation in which it is just not worth it to innovate, since even if successful, the innovator will not be able to enjoy high enough profits to recoup the initial investment. The theory behind IPR is that by granting them we can diminish the problems of inappropriability and indivisibility, and thus stimulate innovation. However, the positive welfare outcomes of innovation happen only when it is widely diffused and produces a lot of spillovers, which by definition do not generate profits. Accordingly, solutions that give too strong and full property rights risk slowing down innovation. As such, those solutions can become a cure that is worse than the disease. Sadly, we have come to a point where our patent, copyrights, trademarks, and trade secrets systems favor the incumbent and the rich and stifle innovation. For locales, existing IPR act as a punitive restriction on their companies and entrepreneurs’ freedom to operate. Accordingly, communities that wish to enjoy sustained innovation-based growth must game the system to protect their innovators’ freedom to operate. The chapter concludes with a few promising venues by which communities can transform weaknesses into strength. These examples aim to highlight the many ways to go forward even under the current conditions of a broken and dysfunctional global IPR system.

scholarly journals Intellectual Property Rights, Investment Climate and FDI in Developing Countries

2010 ◽  
Vol 3 (3) ◽  
pp. 201 ◽  
Author(s):  
Samuel Adams
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Investment Climate ◽  
Fdi Inflows ◽  
The Many ◽  
The Impact ◽  
Positive Effect

What is the impact of intellectual property rights (IPR) protection on foreign direct investment (FDI)? Has the coming into effect of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) had any impact on FDI inflows in developing countries? This paper answers these questions by the use of panel data for a cross – section of 75 developing countries over a period of 19 years (1985 – 2003). The results of the study indicate that: 1) strengthening IPR has a positive effect on FDI; 2) the impact of patent protection on FDI after the TRIPS agreement is far and above that of the pre – TRIPS era; 3) the degree of openness, growth rate of the economy and investment are also key determinants of FDI. The findings of the study suggest that strengthening IPR is only one component of the many factors needed to maximize the potential of developing countries to attract FDI.

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.

The Emergence and Development of the International Intellectual Property System

2017 ◽  
Author(s):  
Sam Ricketson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Level ◽  
Property System ◽  
International Recognition ◽  
System P ◽  
Protecting Intellectual Property ◽  
International Conventions ◽  
Organizing Principles

This Chapter identifies and describes the principal features of the international arrangements for protecting intellectual property rights (IPRs) in countries other than those of their originator or creator. In the case of national or regional IP laws, these connections are readily identifiable. At the international level, however, they are less obvious, and many gaps and inconsistencies arise. Nonetheless, the Chapter argues that a ‘system’ for the international recognition and protection of IPRs is still clearly discernible and can be described. It begins with a brief account of the objectives of that system and its principal organizing principles, and then moves to consider its principal actors and the means by which its protection is achieved, namely through a series of international conventions or treaties of varying content and particularity. The Chapter concludes by noting a number of pressures, both internal and external, to which the system thus comprised is subject.

scholarly journals Die Globalisierung von Rechten an geistigem Eigentum und der Nord-Süd-Konflikt

2002 ◽  
Vol 32 (126) ◽  
pp. 103-125
Author(s):  
Michael Frein
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Multinational Corporations ◽  
Intellectual Property Rights ◽  
World Trade Organisation ◽  
Access To Medicines ◽  
Trips Agreement ◽  
The Poor ◽  
The Rich

The article discusses the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) of the World Trade Organisation (WTO) as an instrument for the globalisation of intellectual property rights. It focuses on the provisions of TRIPs Art 27.3 (b), which contains global rules for the patenting of life, and the question of access to medicines for the poor in developing countries. By analysing the underlying economic and political interests of the industrial countries and multinational corporations, which have formed the provisions of the TRIPs- Agreement, it is argued that higher standards in intellectual property rights, especially patents, advantage the rich and disadvantage the poor. Therefore there is an urgent need to change the TRIPs-Agreement in line with the interests and in favour of developing countries. The article shows that there are several suggestions for the current negotiations made not only by NGOs, but also by governments of developing countries.

scholarly journals CLASSIFICATION, PRINCIPLES AND LEGAL BASIS OF INTELLECTUAL PROPERTY IN INDONESIA (Obie Persada Sitanggang) Quiz Selected Sction Class

2019 ◽  
Author(s):  
obie persada sitanggang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Science ◽  
Judicial Process ◽  
Legal Norms ◽  
The Public ◽  
The Law ◽  
The Many ◽  
The Right

In the life of the state there are various norms that regulate life so that there is balance and order in life. When one of the norms is not properly implemented, there will be potential undesirable things to happen, and the wheel of life will stagnate.There are several written and unwritten norms. One of the written norms is legal norms. Even though the law is a standard rule and must be followed, many parties still view the law as something that can be bought with money and power. This includes the law concerning the regulation of Intellectual Property Rights (IPR), which is currently increasingly being considered by the public. Because of the many claims and the increasing difficulty of the judicial process to follow up the claim if it does not have a strong law.Intellectual Property Rights (IPR) are included in the right to intangible objects (such as patents, brands, and copyrights). Intellectual Property Rights are tangible, in the form of information, science, technology, art, literature, skills and so on which do not have a certain form.Keywords: Haki and Intellectual.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

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