scholarly journals From Flexible Balancing Tool to Quasi-Constitutional Straitjacket—How the EU Cultivates the Constraining Function of the Three-Step Test

2021 ◽  
pp. 83-105
Author(s):  
Martin Senftleben
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Crucial Role ◽  
Step Test ◽  
Eu Law ◽  
International Treaties ◽  
Limitations And Exceptions ◽  
Marrakesh Treaty ◽  
The Eu

This chapter focuses on one of the most important hedges protecting strong intellectual property rights: the three-step test. This test forms part of the TRIPS Agreement and other international treaties, as well as EU law. It regulates the room for the adoption of limitations and exceptions to exclusive rights across different fields of IP. As a flexible compromise formula, the provision plays a crucial role at the intersection between IP protection and areas of freedom that serve competing economic, social, and cultural interests. The chapter then outlines the potential enabling and constraining functions of the three-step test in international and supranational copyright law and explores the way in which a potentially flexible international balancing tool has been converted into a powerful IP hedge. In particular, it looks at the embedding of the constraining function in EU law and the Marrakesh Treaty.

Conclusion

2018 ◽  
Author(s):  
Patrick J. W. Egan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Policy Reform ◽  
Policy Implications ◽  
Data Sources ◽  
Future Research ◽  
International Treaties ◽  
The Future ◽  
Innovation Outcomes

This chapter summarizes the main arguments of the book and repeats the central empirical findings. Following a brief discussion of the data sources used to support the varied arguments, this chapter considers the lessons for theory and its strong comparative institutionalist perspective. Policy implications of the book are also considered in this chapter, and the link between institutional and policy reform and innovation outcomes is again emphasized. This chapter considers also the limitations of the book, and the ways the book’s arguments and analysis might be constructively challenged/amended in the future. There are a number of issues not explicitly addressed in the book because of its domestic institutionalist focus, including international treaties on intellectual property rights. The chapter concludes with some suggestions on how these future research agendas might be integrated with existing literature.

Intellectual Property Rights and Biodiversity Management: The Case of India

2004 ◽  
Vol 4 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Philippe Cullet ◽  
Jawahar Raja
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
International Treaties ◽  
Human Right ◽  
Individual Level ◽  
Biological Resources ◽  
The Individual ◽  
Biodiversity Convention

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.

scholarly journals Transatlantic trade and investment partnership (TTIP) and the spill overs effects on the Gulf – cooperation council

2017 ◽  
Vol 59 (1) ◽  
pp. 35-51
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Global Trade ◽  
Content Type ◽  
Transatlantic Trade ◽  
The Usa ◽  
Trade And Investment ◽  
The Eu

Purpose The purpose of this paper is to examine the transatlantic trade and investment partnership (TTIP). The EU and the USA are negotiating the TTIP, a trade agreement that aims to remove trade barriers across different economic sectors to increase trade between the EU and the USA. The TTIP will have spill over effects on the MENA region, the GCC, Australia and the Asian sub-continent, as it raises key questions for intellectual property and international trade agreements. For instance, will the USA and EU be on an equal footing or will one triumph over the other, will third party countries like the GCC states be expected to adopt new standards. Design/methodology/approach The research design is a paper and online data collection method to find literature to date on intellectual property law development in the GCC states in relation to the three research objectives as set out above. The literature is the population, and this could prove problematic. Different databases have been used to cover all sources where data can be found. Findings As the EU-USA TTIP is aiming to conclude by the end of 2015, the GCC has an opportunity to reassess its relationship with both the EU and GCC. Up until now, the GCC was able to enter into negotiations with the EU and USA relatively independently. However, where the EU and USA can agree, there will be a harmonisation of regulations. This therefore has repercussions for the GCC. The TTIP has three main aims: to increase trade and investment through market access, increase employment and competitiveness and create a harmonised approach to global trade. To harmonise global trade, the EU and USA aim to harmonise their intellectual property rights through an intellectual property rights chapter that deals specifically with enhancing protection and recognition for geographical indications, build on TRIPS and patentability. Research limitations/implications This study is non-empirical. Originality/value The TTIP will have spill over effects for the GCC, as it has yet to finalise the EU-GCC free trade agreement and USA-GCC framework agreement. The power dynamics between the USA and EU will be a deciding factor on the intellectual property chapter in the TTIP in terms of what the provisions for intellectual property will look like and what powers will be available to investors to bring investor-state-dispute settlement claims against foreign countries.

USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

2019 ◽  
Vol 1 ◽  
pp. 607
Author(s):  
Liene Vindele ◽  
Renāte Cāne
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Scientific Research ◽  
Research Process ◽  
Legal Framework ◽  
Educational Process ◽  
Step Test ◽  
Legal Norms

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 

scholarly journals Protection of intellectual property rights on a trademark

2020 ◽  
pp. 19-24
Author(s):  
L.V. Zolota ◽  
G.V. Rusak
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Necessary Condition ◽  
International Treaties ◽  
Goods And Services ◽  
Unique Object ◽  
Trademark Protection ◽  
The Moment ◽  
Trademark Use

In the process of developing their own business, legal entities and individuals are looking for new ways and tools to separate, individualize goods or services from others. The most effective tool to individualize and promote business not only in domestic but also global markets is a trademark. Therefore, it is worth paying attention to the brand from the moment of business formation. After all, the consumer perceives the brand visually, phonetically, semantically, it is a tool that psychologically affects the consumer of a product or service and forces him to make a choice. Relations arising during the acquisition, exercise and protection of trademark rights are provided by the Constitution of Ukraine, the Civil and Commercial Codes of Ukraine, the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", as well as relevant ratified international treaties and other regulations acts. Also, the relevance of this topic is due to the fact that the trademark is a special, unique object of intellectual property rights, a means to individualize goods and services, as well as business participants. Problems of trademark use and protection are a significant issue, as a necessary condition for effective economic development, increasing the level of product competitiveness, not only in Ukraine but also abroad, protection against unfair competition is the proper implementation of trademark rights. During the writing of the article to achieve the goal the concept of trademark in Ukraine and its features were revealed, differences of trademark from other marks for goods and services were established, the legislation of Ukraine in the field of trademark protection was analyzed and characterized trademark in Ukraine.

scholarly journals Design rights for Start-ups: Drawing a line of protection

2019 ◽  
Vol 7 (2) ◽  
pp. 312-320
Author(s):  
Pratap Devarapalli ◽  
Seema Soni
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Crucial Role ◽  
Registration Process ◽  
Design Law ◽  
Start Ups ◽  
Business Design

Designs are considered as one of the imperative aspects of a business. Design rights as a branch of Intellectual property rights plays a crucial role in protecting unique designs from infringement. In this regard, design rights have become increasingly important for designers and businesses all over the globe. Primarily, this article provides an overview of design law and registration process in Australia with an emphasis on Start-ups and SMEs. Secondly, this article provides insights on design registration trends of Start-ups and SMEs in Australia. Thirdly, the study provides the importance of designs as an intellectual property for Start-ups and SMEs. Further, the study sheds some light on how registered designs can be used as collaterals.

scholarly journals Intellectual Property, Traditional Resources Rights, and Natural Law: A Clash of Cultures

2007 ◽  
Vol 7 ◽  
pp. 182-188
Author(s):  
John N Gathegi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Natural Law ◽  
Large Degree ◽  
World Intellectual Property Organization ◽  
International Treaties ◽  
The World ◽  
African Context ◽  
Clash Of Cultures

Western nations, through international treaties and bodies such as the World Trade Organization, the World Intellectual Property Organization, and economic and political pressures on many governments, are to a large degree succeeding in strengthening protection of intellectual property rights as they are understood mainly within the western context. Framing the debate within Locke‘s theory of natural law, the paper discusses the extent to which this strengthening of intellectual property rights is appropriate for developing countries, especially within the African context.

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