The Emergence and Development of Intellectual Property Law in the Middle East

2017 ◽  
Author(s):  
Michael Birnhack ◽  
Amir Khoury
Keyword(s):  
Intellectual Property ◽  
Middle East ◽  
United Arab Emirates ◽  
Legal Framework ◽  
International Standards ◽  
Palestinian Authority ◽  
Historical Sources ◽  
Global Standards ◽  
Local Law ◽  
Ip Law

The Eurocentric term “Middle East” captures the historical sources and emergence of intellectual property (IP) in this region. Early colonial influences had a long-lasting effect. In the mid-1990s the global replaced the colonial, imposing new demands. Both the colonial and globalized IP frameworks have allowed only a narrow leeway for the expression of local interests. This chapter explores the emergence and development of IP law in the Middle East as a case of a western legal transplant, and focuses on Egypt, Israel, the Palestinian Authority, Jordan, Saudi Arabia, and the United Arab Emirates. Instead of a technocratic doctrinal approach that compares local law to international standards and asks about “compliance,” it advocates a richer evaluation. In assessing IP laws against global standards, it suggests contextualizing the local law within the country’s larger legal framework to take into consideration its political economy, local and global politics, and unique cultural needs.

The Legal Framework of Capital Movements and Current Payments in Palestine and its Compatibility with International Law

2009 ◽  
Vol 23 (2) ◽  
pp. 105-137
Author(s):  
Samer Fares
Keyword(s):  
International Law ◽  
Market Economy ◽  
Legal System ◽  
Free Market ◽  
Legal Framework ◽  
International Standards ◽  
Free Market Economy ◽  
Palestinian Authority ◽  
Capital Movements ◽  
Palestinian Economy

AbstractSince its inauguration in 1994, the Palestinian Authority (PA) has taken responsibility over Palestinian economy and finance. The PA lifted all restrictions on the movement of capital and current payments. Although this has moved Palestinian economy from a heavily controlled economy to a market-based style, the liberalization process was not built on sound legal bases and thus created a legal vacuum. The PA has been working ever since to confirm the Palestinian free-market economy with the introduction of a new well-developed legal system consistent with international standards and norms. Therefore, the objectives of this article are to analyze the Palestinian liberalization process and its compatibility with international law obligations.

scholarly journals Protection of traditional medical knowledge under intellectual property law

2015 ◽  
Author(s):  
Alexandra Alexandrou ◽  
Alkinoos Athanasiou ◽  
Panagiotis D Bamidis
Keyword(s):  
National Identity ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Cultural Practices ◽  
Negative Impact ◽  
Medical Knowledge ◽  
Legal Protection ◽  
Legal Framework ◽  
Indigenous Populations ◽  
Ip Law

Intellectual Property (IP) Law constitutes the legal framework that ensures the protection of original creations of the mind against their illicit use and misappropriation. Providing the original creator with his rights constitutes a problem in cases such as traditional knowledge and cultural expressions since the rights over a practice cannot be traced back to specific individuals. Traditional Medical Knowledge (TMK) describes the practices and knowledge gained by native indigenous populations which is passed on from generation to generation and which is conducive towards the development of medicinal research. These forms of medical know-how are multidimensional and are often closely linked to the cultural practices and the national identity of many indigenous populations. The lack of a means of legal protection for this source of knowledge is an issue that touches both upon economic and moral grounds. The industrial exploitation of TMK native to a country may not only undermine that country’s economy and facilitate misappropriation; it may also have a negative impact on matters of national identity. This is an issue of ongoing importance, which has not yet been adequately met. Patents (a significant IP protection in the medical field) have little application to TMK. Trade secrets and geographical indications are other such solutions of limited usefulness in the protection of TMK but have been used in some countries alongside with sui generis systems and customary laws or practices. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. It is necessary that based upon current IP resolution methods a new means of protection is provided for that will enable all nationalities to safeguard their cultural diversity whilst respecting medical knowledge dissemination within the framework of a digital era.

Complementarity in public and private intellectual property enforcement; implications for international standards

2020 ◽  
Vol 72 (3) ◽  
pp. 748-771 ◽  
Author(s):  
Michael A Klein
Keyword(s):  
Intellectual Property ◽  
Public Investment ◽  
International Standards ◽  
Investment Incentives ◽  
Public Enforcement ◽  
Public And Private ◽  
Minimum Quality Standards ◽  
Private And Public ◽  
Counterfeit Products ◽  
Ip Law

Abstract I examine the relationship between public enforcement of intellectual property (IP) rights and firm strategies to influence entry of non-deceptive counterfeit products: illegal copies of authentic goods purchased consciously by consumers. I assume that private enforcement investment determines the probability that a counterfeit entrant will be detected, while public investment determines the efficacy of the legal institutions responsible for enforcing IP law. Private and public enforcement serve distinct complementary roles, which combine to determine total IP protection in the economy. I show that differences in the investment incentives of the two entities that control enforcement lead to inefficiently low public investment in equilibrium. In this context, international efforts to impose stricter legal penalties against counterfeiters can be counterproductive: further reducing public enforcement and increasing counterfeit prevalence. In contrast, minimum quality standards can be implemented to better align incentives, encourage higher public enforcement, and reduce inefficiency.

The Role of Intellectual Property Laws in Creating a Favourable Environment for Investment

2020 ◽  
Vol 34 (4) ◽  
pp. 428-439
Author(s):  
Firas Abdel-Mahdi Massadeh ◽  
Tariq Abdel Rahman Kameel
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
United Arab Emirates ◽  
Intellectual Property Rights ◽  
Direct Investment ◽  
Legal Framework ◽  
The Political ◽  
Favourable Environment

Abstract This article analyses the role of intellectual property laws in fostering domestic and foreign investment in the United Arab Emirates (UAE). As a signatory to all the major international agreements on intellectual property rights, such as the World Intellectual Property Organisation, the UAE has established legislative protection of intellectual property rights to create a favourable environment for investment. This study has two main aims. First, it analyses whether the approach taken by UAE legislators provides assurance for intellectual property holders and their related investments. Second, it reviews whether this approach indicates if the UAE has the political and legal will to provide incentives for investors. The study found that the UAE’s intellectual property laws are equitable, accurate, and capable of drawing the attention of foreign direct investment. With such a competent legal framework, the UAE demonstrates it has the required political and legal will to foster foreign direct investment.

scholarly journals Protection of traditional medical knowledge under intellectual property law

2015 ◽  
Author(s):  
Alexandra Alexandrou ◽  
Alkinoos Athanasiou ◽  
Panagiotis D Bamidis
Keyword(s):  
National Identity ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Cultural Practices ◽  
Negative Impact ◽  
Medical Knowledge ◽  
Legal Protection ◽  
Legal Framework ◽  
Indigenous Populations ◽  
Ip Law

Intellectual Property (IP) Law constitutes the legal framework that ensures the protection of original creations of the mind against their illicit use and misappropriation. Providing the original creator with his rights constitutes a problem in cases such as traditional knowledge and cultural expressions since the rights over a practice cannot be traced back to specific individuals. Traditional Medical Knowledge (TMK) describes the practices and knowledge gained by native indigenous populations which is passed on from generation to generation and which is conducive towards the development of medicinal research. These forms of medical know-how are multidimensional and are often closely linked to the cultural practices and the national identity of many indigenous populations. The lack of a means of legal protection for this source of knowledge is an issue that touches both upon economic and moral grounds. The industrial exploitation of TMK native to a country may not only undermine that country’s economy and facilitate misappropriation; it may also have a negative impact on matters of national identity. This is an issue of ongoing importance, which has not yet been adequately met. Patents (a significant IP protection in the medical field) have little application to TMK. Trade secrets and geographical indications are other such solutions of limited usefulness in the protection of TMK but have been used in some countries alongside with sui generis systems and customary laws or practices. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. It is necessary that based upon current IP resolution methods a new means of protection is provided for that will enable all nationalities to safeguard their cultural diversity whilst respecting medical knowledge dissemination within the framework of a digital era.

Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002

2018 ◽  
Vol 32 (3) ◽  
pp. 281-297
Author(s):  
Fayez Al Nusair ◽  
Firas Massadeh
Keyword(s):  
Intellectual Property ◽  
United Arab Emirates ◽  
Analytical Study ◽  
Legal Framework ◽  
Federal Law ◽  
Economic Rights ◽  
Economic Justification ◽  
Comprehensive Examination ◽  
International Conventions ◽  
Neighbouring Rights

Abstract This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).

Part XII International Arbitration: Myths and Perspectives, 34 Arbitration in the UAE: Demystifying the Myths

2016 ◽  
Author(s):  
Blanke Gordon
Keyword(s):  
Middle East ◽  
Dispute Resolution ◽  
United Arab Emirates ◽  
Best Practice ◽  
Role Model ◽  
Middle Eastern ◽  
International Standards ◽  
Common Belief ◽  
International Arbitration ◽  
Dispute Resolution Mechanism

This chapter discusses arbitration in the United Arab Emirates (UAE). There is a general perception in the international arbitration community that arbitration in the Middle East is an untested science and a risky, unpredictable business. However, arbitration has played a determinative role in the formation of the dispute resolution landscape of prominent Middle Eastern jurisdictions since pre-Islamic times and has left an indelible mark in the civil procedure codes of most of these jurisdictions. The UAE in particular has led by example in establishing a modern arbitration jurisdiction that, by and large, meets international standards and best practice. The chapter seeks to demystify the practice and procedure of arbitration as they prevail in the UAE and show that-contrary to common belief-arbitration there is modern and at times even genuinely avant-garde. The UAE serves as a role model on how arbitration in the Middle East has been developing into the preferred dispute resolution mechanism of international commercial disputes in the region and set the pace for other Middle Eastern jurisdictions to follow suit.

Some Reflections on the First Muslim Visitor to Japan

2018 ◽  
Vol 35 (3) ◽  
pp. 116-130
Author(s):  
James Harry Morris
Keyword(s):  
Middle East ◽  
Research Note ◽  
Historical Sources ◽  
Modern Period

Japanese relations with Islam and Muslims have a much longer history1than is commonly assumed. Most scholarship on Japanese-Middle East andJapanese-Muslim relations has focused on the modern period. Nevertheless,there is evidence that Persian visitors came to Japan as early as 736CE(Tenpyō hachi nen 天平8年).2 It has been postulated that some of thesePersians were Syriac Christians,3 Zoroastrians, or Manichaeans,4 however,the historical sources do not provide details of their religious affiliationand therefore no definitive conclusions in regards to their religions can bemade.5 This research note explores the visit and biography of a man whocame to Japan some five and a half centuries later than these first Persianvisitors, a man whom Hosaka Shuji notes was the first recorded Muslimvisitor to Japan.6 This figure, known as Sādōulǔdīng 撒都魯丁 in Chineseand Sadorotei in Japanese, came to Japan as part of an envoy sent by Khubilai7Khan (1215-1294CE), the first ruler of the Yuán 元 dynasty (1271-1368CE), in 1275CE. Herein Sādōulǔdīng’s biography and the significanceof his visit to Japan will be explored ...

The role of standardization as a key Tool of Quality Economics in the development of integration of the Eurasian Economic Union

2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Standards ◽  
Member States ◽  
Scientific Methods ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Economic Union

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.

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