scholarly journals A ‘Human Development’ Approach to Intellectual Property Law

2021 ◽  
pp. 640-653
Author(s):  
J. Janewa Osei-Tutu
Keyword(s):  
Intellectual Property ◽  
Human Development ◽  
Human Development Index ◽  
Well Being ◽  
Human Condition ◽  
Property Law ◽  
Human Flourishing ◽  
System P ◽  
Development Approach ◽  
Ip Law

This chapter discusses the human development approach to intellectual property (IP) and suggests some areas for further research. As the chapter explains, IP can positively affect human development and human flourishing. Human development refers to factors such as those measured by the United Nations Human Development Index, and includes health, education, and financial well-being. This human development framing can also incorporate subjective measures of human flourishing, such as happiness. A human development lens treats IP as a tool for promoting progress by improving the human condition, and recognizes human development as an objective of IP law rather than as an incidental by-product of the trade-based IP system.

The Concept

2019 ◽  
pp. 24-73
Author(s):  
K. Seeta Prabhu ◽  
Sandhya S. Iyer
Keyword(s):  
Human Development ◽  
Human Development Index ◽  
Unique Feature ◽  
Well Being ◽  
Analytical Framework ◽  
Capabilities Approach ◽  
Human Flourishing ◽  
Development Index ◽  
Factors Influencing

This chapter explains in detail the notions of ‘functionings’ and ‘capabilities’. It discusses the multi-layered phenomena of capabilities in the form of as threshold, internal, external, and complex capabilities. It analyses how they provide valuable understanding about the conversion factors that are involved in the translation of resources to capabilities and capabilities into functionings. It critically evaluates the capabilities approach and emphasises the importance of the role of endowments and entitlements as factors influencing and contributing to human flourishing and well-being. The unique feature of the chapter is the presentation of an integrated analytical framework that traces the pathways to human development through equity, sustainability, empowerment, and productivity processes. In addition, the chapter discusses the Human Development Index (HDI) and the challenges relating to its computation.

Applicability of Human Development Index for Measuring Economic Well-being: A Study on GDP and HDI Indicators from Indian Context

2021 ◽  
pp. 001946622199862
Author(s):  
G G Sajith ◽  
K. Malathi
Keyword(s):  
Human Development ◽  
Human Development Index ◽  
Well Being ◽  
Development Project ◽  
Human Being ◽  
Composite Matrix ◽  
Human Welfare ◽  
Development Index ◽  
Development Indicator ◽  
Per Capita

The tracking of gross domestic product (GDP) as a measure of well-being of the society or human-being has been debated by many researchers and economists (Elizabeth, 2007; Abhinav, 2014; Deb, 2015 ) There are many deficiencies in tracking GDP as the economic development indicator, as it does not capture the inequality or true development of Human-being. Noted economist Mehbub ul Haq’s human development project defined a composite matrix which captures the life expectancy, education and per capita indicators in one matrix. This was developed to track as a development indicator of human welfare. In the previous studies, the GDP or GDP per capita was regressed with the Human Development Index (HDI) composite index and indicated a direct correlation between the two variables. However, this article examines the contribution of the income component in the HDI index by recalculating the composite matrix. This article also qualitatively examines the ability of HDI index to measure the human development parameters. JEL Classification Codes: E01, I12, O1

scholarly journals Determinan Ketimpangan Indeks Pembangunan Manusia di Provinsi Jambi

2020 ◽  
Vol 5 (2) ◽  
pp. 227
Author(s):  
Arniwita Arniwita ◽  
Deka Veronica ◽  
Ahmad Soleh
Keyword(s):  
Data Analysis ◽  
Human Development ◽  
Human Development Index ◽  
Hypothesis Test ◽  
Well Being ◽  
Poor People ◽  
Analysis Tool ◽  
Economic Variables ◽  
Development Index ◽  
Dependent Variables

The Human Development Index (HDI) is an index to measure human achievement and is one of the indicators used in looking at people's well-being in a region. The higher the HDI value in a region, the better the level of welfare in the region. So often HDI is considered to have been able to represent the welfare level of the population, because in the HDI includes elements that include economic and noneconomic variables. Non-economic variables are measured from the level of public education and the degree of public health. While economic variables are measured from income levels indicating people's purchasing power, the three are related to each other. However, if you look at the conditions in Jambi Province, there is an interesting phenomenon where the development of the government does not or lack a real impact on the improvement of the Human Development Index (HDI), so it is necessary to do this research. The purpose of this study is to analyze the inequality, influence and relationship of the variables of the human development index which includes Gross Regional Domestic Product (GRDP) per capita, the number of medical personnel, the number of basic health facilities, the number of poor people as well as the number of teachers in public elementary schools as dependent variables with the human development index (HDI) as dependent variables. The data analysis method used in this study is a qualitative and qualitative descriptive method of explanatory properties, using sekuder data in the period 2008-2017. The data analysis tool used in this study uses the usual Weighted Coefficient of Variation (CVw) method for the first problem, the subsequent regression of the data panel for the second problem and the person correlation for the third problem. The hypothesis test in this study shows that there is inequality in IPM-forming variables in Jambi Province, further influence and significant relationship between ipm-forming variable inequality and HDI in Jambi Province.

Directions in Intellectual Property Law Research: A Linguistic Contribution

2021 ◽  
pp. 344-360
Author(s):  
Alan Durant ◽  
Jennifer Davis
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Language Use ◽  
Public Debate ◽  
Policy Formation ◽  
Property Law ◽  
Concurrent Use ◽  
Subject Areas ◽  
Ip Law ◽  
Legal Meaning

The questions in intellectual property (IP) law which most directly engage language fall into several types. ‘Language’ questions may concern particular signs or stretches of language examined for their registrability as a trademark, or disputed in relation to alleged infringement of literary copyright. Other kinds of words and phrases may also create difficulty, such as the words ‘distinctive’ or ‘generic’ which describe features of, and categorize, such signs or stretches of language. Such words and phrases establish a metalanguage that overlaps with frameworks in linguistics (e.g. ‘noun’, ‘consonant’) yet differs from such frameworks both in detail and purpose. Across all IP subject areas, a further kind of language, the field’s legal terms of art, defines the intangible subject matter, doctrines, and rationales of IP law, giving specialized legal meaning to otherwise general words and phrases whose meaning in law may nevertheless be contested. Such terms remain in concurrent use beyond law, with related but different meanings, and may therefore also be problematic when relied on in policy formation and in public debate about what IP is. ‘Language’ in these and other IP contexts is not, we argue, a single, unified topic. Rather, it consists of a number of very different kinds of language use, which raise different questions and call for varied forms of analysis. This chapter describes and illustrates those specialized kinds of language use. It also discusses prominent examples of research into them by legal scholars and linguists, and highlights further topics that may be amenable to linguistic investigation. In conclusion, we explain why specialist linguistic expertise is less important in such study of than interdisciplinary, legal and linguistic collaboration.

scholarly journals Nature's role in sustaining economic development

2010 ◽  
Vol 365 (1537) ◽  
pp. 5-11 ◽  
Author(s):  
Partha Dasgupta
Keyword(s):  
Human Development ◽  
Human Development Index ◽  
Natural Capital ◽  
Well Being ◽  
Sub Saharan Africa ◽  
Development Index ◽  
Development Indicators ◽  
Comprehensive Wealth ◽  
Per Capita ◽  
Sub Saharan

In this paper, I formalize the idea of sustainable development in terms of intergenerational well-being. I then sketch an argument that has recently been put forward formally to demonstrate that intergenerational well-being increases over time if and only if a comprehensive measure of wealth per capita increases. The measure of wealth includes not only manufactured capital, knowledge and human capital (education and health), but also natural capital (e.g. ecosystems). I show that a country's comprehensive wealth per capita can decline even while gross domestic product (GDP) per capita increases and the UN Human Development Index records an improvement. I then use some rough and ready data from the world's poorest countries and regions to show that during the period 1970–2000 wealth per capita declined in South Asia and sub-Saharan Africa, even though the Human Development Index (HDI) showed an improvement everywhere and GDP per capita increased in all places (except in sub-Saharan Africa, where there was a slight decline). I conclude that, as none of the development indicators currently in use is able to reveal whether development has been, or is expected to be, sustainable, national statistical offices and international organizations should now routinely estimate the (comprehensive) wealth of nations.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals Geospatial Study of Human Development Index of Ukraine in the Light of Regional Indicators

2014 ◽  
Vol 26 ◽  
pp. 197-206
Author(s):  
Andriy Kuzyshyn
Keyword(s):  
Human Development ◽  
Human Development Index ◽  
Well Being ◽  
Individual Performance ◽  
The State ◽  
Development Index ◽  
Reliability Estimates ◽  
Key Issues ◽  
The Impact ◽  
Unambiguous Interpretation

The article reveals the peculiarities in the formation of comfortable life features in the regions of Ukraine based on the analysis of the components and the human development index. In particular, it reveals the essenceof the human development concept as one that enables people to develop their potential, to live productively and creatively in tune with their needs and interests. Its goal is to empower each individual in the chosen environment – country, region or specific locality. Human development involves balancing the formation of human abilities to improve their conditions of life. However, the level of regional human development will depend on the potential of the designated area. Since 2012, Ukraine has updated the method of estimating regional Human Development Index by which we can calculate the regional human development index. It includes 33 indicators grouped into six blocks in accordance with the basic aspects of human development. These are reproduction, social position, comfortable life, well-being, worthy work, and education. These indicators were selected on the basis of suitability for the annual calculation of provision available to the State Statistics Service of Ukraine, reliability estimates at the regional level under the specific issues of human development in Ukraine, unambiguous interpretation of the impact on human development, lack of high correlation between individual performance and adequacy of static and dynamic variation. According to the ratings of Human Development Index in 2012, conducted by the State Statistics Service of Ukraine and the Institute of Demography and Social Studies of M.V. Puhta, regions that constantly show high indicators of human development index are Crimea, Kharkiv, Lviv, Transcarpathian and Poltava regions. The largest group consists of regions with the average index indicator of the human development (most regions of Ukraine). Finally, the third group consists of regions with the lowest human development index (Kirovograd, Donetsk, Sumy regions). The results of calculations of regional Human Development Index can serve as a basis for identifying key issues and priorities of each region.

scholarly journals Análisis multidimensional de la desigualdad en el marco del desarrollo humano

2020 ◽  
Vol 32 (2) ◽  
pp. 765
Author(s):  
Vanesa Jordá ◽  
Carmen Trueba ◽  
José María Sarabia
Keyword(s):  
Human Development ◽  
Human Development Index ◽  
Well Being ◽  
Three Dimensions ◽  
Generalized Entropy ◽  
Development Index ◽  
Inequality Measures ◽  
Entropy Measures ◽  
Alternative Approaches ◽  
Multidimensional Process

In this work we contribute to the study of well-being inequality conceived as a multidimensional process, analyzing inequality across countries in terms of the Human Development Index (HDI). To that end, we consider two alternative approaches based on the use of generalized entropy measures. Our results point out a reduction of inequality in the three dimensions considered by the HDI as well as in composite indicators of these components over the period 1980-2011. The decomposition of this type of inequality measures in two components, between-regions and within- regions, reveals that the fall of overall disparities is mainly driven by the decrease in inequality between regions.

Achievements, Challenges, and the Way Forward

2018 ◽  
Author(s):  
Frances Stewart ◽  
Gustav Ranis ◽  
Emma Samman
Keyword(s):  
Human Development ◽  
Environmental Conditions ◽  
Environmental Sustainability ◽  
Human Development Index ◽  
Social Institutions ◽  
Violent Conflict ◽  
Political Systems ◽  
Global Level ◽  
Development Approach

The chapter reviews progress across countries on human development over forty years in many dimensions. As shown earlier, there was general progress on basic human development, measured by the Human Development Index. This chapter also shows progress on many other dimensions, including a rising number of countries with broadly democratic political systems, a decline in crime in many countries, and a fall in gender gaps in education and earnings. Despite a recent upsurge of violent conflict, this was mostly on a downward trend at a global level. There was a more mixed situation in some other dimensions—for example, homicides and inequalities rose while trust fell in many countries. The most pervasive failure was on environmental sustainability. The chapter concludes with a discussion of areas that the human development approach has not adequately incorporated, including social institutions, macroeconomics, and above all environmental conditions which may threaten long-term achievements on human development.

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