Patenting of Research Results Related to Genetic Resources from Areas beyond National Jurisdiction: The Crossroads of the Law of the Sea and Intellectual Property Law

Abstract An international legally binding instrument under the United Nations Convention on the Law of the Sea (LOSC) will need to address “Marine Genetic Resources (MGRs), including questions on the sharing of benefits” from areas outside national jurisdiction (ABNJ). Existing international models of benefit-sharing have all evolved in the context of national jurisdiction and cannot readily be put to use in ABNJ. Current use of MGRs from ABNJ is practically non-existent, although any instrument or model would have to both cater for this situation and provide for any potential technological development and increase in use. The aim of this paper is to provide a simplified overview of options for access and benefit-sharing, drawing on existing models from international and national instruments. Existing options could be analysed through separating access from benefit-sharing and assessing them factually in terms of how ‘light’ and ‘heavy’ they are.

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13. The emergence and forms of intellectual property law

Information Technology Law ◽

10.1093/he/9780198830559.003.0013 ◽

2020 ◽

pp. 223-229

Author(s):

Ian J. Lloyd

Keyword(s):

Information Technology ◽

Intellectual Property ◽

The Internet ◽

Property Law ◽

Famous Scientist ◽

Trade Marks ◽

Intellectual Property Law ◽

Isaac Newton ◽

Technical Effect ◽

The Law

Systems of intellectual property law date back many centuries and play a very important role in the information technology field. The main forms of intellectual property law are patents, copyright and trade marks. All play important roles and are considered in this section of the book. Patents and copyright have been applied in an IT context from the early days of the computer whilst trade marks have come to assume more significance with the commercialization of the Internet and its use by major manufacturers who typically own many trade marks developed for use in the course of their activities in the physical environment. As with many areas, the connection between the real and virtual words is not exact. The application of the law of copyright to software has seldom been in doubt. It is clear that the unauthorized copying of all of a work is unlawful. What is not clear is the extent of the protection. The famous scientist Isaac Newton is quoted as saying “If I have seen further, it is because I stood on the shoulders of giants”. Most later works build to some extent on their predecessors and there is a difficult dividing line between fair and unfair use of such works. Somewhat different issues apply in relation to patents – a branch of the law which offers the strongest protection but does require that works be innovative and produce a technical effect – that they should do something. This can be difficult to assess in respect of very fast-moving technologies.

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Holyoak and Torremans Intellectual Property Law

10.1093/he/9780198836452.001.0001 ◽

2019 ◽

Cited By ~ 1

Author(s):

Paul Torremans

Keyword(s):

Intellectual Property ◽

Real Life ◽

Trade Mark ◽

Property Law ◽

Intellectual Property Law ◽

Starting Point ◽

Recent Developments ◽

Ninth Edition ◽

The Subject ◽

The Law

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.

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1. Intellectual property law: an introduction

Contemporary Intellectual Property ◽

10.1093/he/9780198799801.003.0001 ◽

2019 ◽

pp. 2-28

Author(s):

Abbe Brown ◽

Smita Kheria ◽

Jane Cornwell ◽

Marta Iljadica

Keyword(s):

European Union ◽

Intellectual Property ◽

Property Law ◽

Field Of Study ◽

Intellectual Property Law ◽

Global Context ◽

Realistic View ◽

The Law ◽

Ip Law ◽

Different Levels

This chapter provides an accessible introduction to intellectual property (IP) law. It provides and challenges some definitions of intellectual property law and IP itself. It discusses the development of IP law as a field of study in an increasingly global context and presents a realistic view of the law as it actually operates; the relationships between different levels of IP law—at national, European, European Union, and international levels; the various influences on the formation, justifications for, and development of IP law including between IP law and other legal fields; and the tensions that arise from different perspectives when the law seeks to protect IP.

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Ontologies and Law

Handbook of Research on Social Dimensions of Semantic Technologies and Web Services ◽

10.4018/978-1-60566-650-1.ch040 ◽

2011 ◽

pp. 819-837 ◽

Cited By ~ 1

Author(s):

Claudia Cevenini ◽

Giuseppe Contissa ◽

Migle Laukyte ◽

Régis Riveret

Keyword(s):

Intellectual Property ◽

General Relation ◽

Copyright Law ◽

Ontology Development ◽

Property Law ◽

Intellectual Property Law ◽

The Law ◽

Legal Ontology

This chapter introduces the reader with the specificity of the development of a particular type of legal ontology, that is ontology of copyright law. The process of the development of this ontology (ALIS IP Ontology) should be seen as a miniature guide for anyone who will pursuit a goal to create an ontology for any sphere of law. In this chapter the development of the copyright ontology is not addressed separately as such, but in vaster perspective, analyzing not only particular problems that the development of the legal ontology implies, but also looking at the ontology development issues in the light of the general relation that the law (and intellectual property law in particular) has with the IT domain.

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Intellectual Property Law – Transfer of Technology

International Journal of Legal Information ◽

10.1017/s0731126500003103 ◽

2008 ◽

Vol 36 (2) ◽

pp. 338-341 ◽

Cited By ~ 1

Author(s):

Veerendra Tulzapurkar

Keyword(s):

Intellectual Property ◽

Copyright Law ◽

Property Law ◽

Confidential Information ◽

Trademark Law ◽

Intellectual Property Law ◽

Transfer Of Technology ◽

The Law ◽

Written Law

The law of patent, trademark law, copyright law and the law relating to industrial designs are the statutory enactments forming part of intellectual property law which have a bearing on the transfer of technology. There is one more branch of intellectual property law which also has a bearing on the transfer of technology and that is the law relating to confidential information or law relating to confidentiality. This law is not a written law; it is judge made law, in the sense that it is developed through cases.

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Marine Genetic Resources, the Nagoya Protocol and the Law of the Sea

10.7287/peerj.preprints.26781 ◽

2018 ◽

Author(s):

Sabine Zajderman

Keyword(s):

Genetic Resources ◽

Scientific Community ◽

Scientific Discovery ◽

Industrial Applications ◽

Benefit Sharing ◽

Law Of The Sea ◽

Access And Benefit Sharing ◽

Nagoya Protocol ◽

National Jurisdiction ◽

The Law

The access and benefit-sharing (ABS) of marine genetic resources (MGRs) within national jurisdiction have received very little interest among scholars and in international discussions. This may seem somewhat surprising given the fact that the vast majority of MGRs with potential for scientific discovery and industrial applications, including deep-sea organisms, are currently predominantly sourced within national jurisdiction. Such neglect is regrettable. Many countries could undoubtedly benefit from better guidance on how to implement effective national ABS regulatory frameworks that address the governance of MRGs and marine bioprospecting activities in sea areas under their jurisdiction. Familiarising the scientific community with the evolving international framework governing the access and utilisation of those resources would be just as relevant. With this in mind, this contribution will examine the interplay between the Law of the Sea and the Nagoya Protocol, the two primary international instruments setting out the conditions for the ABS of MGRs within national jurisdiction and provide an overview of the core provisions on the various rights and obligations of coastal States (providers of MGRs) and researching States (users of MGRs) under both instruments. Finally, the importance of the involvement of the scientific community in the international ABS process will be highlighted.

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Beyond Preemption: The Federal Law and Policy of Intellectual Property Licensing

10.31235/osf.io/xuy9s ◽

2016 ◽

Cited By ~ 3

Author(s):

Mark Lemley

Keyword(s):

Intellectual Property ◽

Public Policies ◽

Property Law ◽

State Law ◽

Federal Law ◽

Intellectual Property Law ◽

Law And Policy ◽

Commercial Code ◽

The Law

Proposed Uniform Commercial Code article 2B, which will govern transactionsin information, will remake the law of intellectual property licensing in aradical way. But federal and state intellectual property policies imposesignificant limits on the ability of states to change these rules bycontract law. One such limit is preemption, but preemption is unlikely toprovide sufficient protection for the established rules of intellectualproperty law. Three other sets of doctrines will limit the ability ofparties to set their terms by contract, even in the UCC 2B world. The firstdoctrine is copyright misuse, which has been applied against restrictivelicensing provisions. The second set of doctrines provides that a number oflicensing rules are decided as questions of federal, not state, law. Thethird doctrines are state public policies that cannot be overriden bycontract. Taken together, these doctrines create a patchwork federal policyof intellectual property law that UCC 2B cannot alter.

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Perlindungan Hukum Kekayaan Intelektual Kerajinan Kuningan Tumang

Kanun Jurnal Ilmu Hukum ◽

10.24815/kanun.v20i3.11717 ◽

2018 ◽

Vol 20 (3) ◽

pp. 401-419 ◽

Cited By ~ 1

Author(s):

Muhammad Fahmi Rois ◽

Kholis Roisah

Keyword(s):

Social Context ◽

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Legal Protection ◽

Property Law ◽

Legal Research ◽

Intellectual Property Law ◽

Empowerment Model ◽

The Law

Tujuan penelitian ini adalah menjawab perlindungan hukum kerajinan tembaga dan kuningan tumang bernilai seni melalui hak kekayaan intelektual. Penggunaan HKI dalam perberdayaan pengrajin tumang penting untuk meningkatkan daya saing dan mendorong kreativitas. Metode penelitian yang dipakai adalah sosiolegal yaitu dengan melihat hukum dalam konteks sosialnya. HKI penting bagi ekonomi kreatif untuk menghindari pencurian ide dan hak cipta. Namun pengrajin tumang belum peduli dengan HKI kerajinannya. HKI dapat digunakan untuk meningkatkan daya saing dan meningkatkan kreativitas; terdapat beberapa faktor yang menghambat perlindungan HKI kerajinan Tumang. Model pemberdayaan yang efektif adalah dengan melibatkan pemerintah dan koperasi dalam pemberdayaan. Intellectual Property Law Protection on Brass Tumang Crafts This study aims to answer the legal protection of valuable copper and brass Tumang crafts through intellectual property rights. The use of intellectual property rights in empowering Tumang craftsmen is important to increase competitiveness and encourage creativity. This is socio legal research by looking at the law in its social context. Intellectual property rights is important for the economy creative and to avoid theft of ideas and copyrights. However, Tumang craftsmen have not cared about intellectual property rights of their crafts. Intellectual property rights can be used to enhance competitiveness and creativity; there are several factors that hinder the protection of intellectual property rights of Tumang crafts. An effective empowerment model is the involvement of government and cooperatives institution.

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Marine Genetic Resources, the Nagoya Protocol and the Law of the Sea

10.7287/peerj.preprints.26781v1 ◽

2018 ◽

Author(s):

Sabine Zajderman

Keyword(s):

Genetic Resources ◽

Scientific Community ◽

Scientific Discovery ◽

Industrial Applications ◽

Benefit Sharing ◽

Law Of The Sea ◽

Access And Benefit Sharing ◽

Nagoya Protocol ◽

National Jurisdiction ◽

The Law

The access and benefit-sharing (ABS) of marine genetic resources (MGRs) within national jurisdiction have received very little interest among scholars and in international discussions. This may seem somewhat surprising given the fact that the vast majority of MGRs with potential for scientific discovery and industrial applications, including deep-sea organisms, are currently predominantly sourced within national jurisdiction. Such neglect is regrettable. Many countries could undoubtedly benefit from better guidance on how to implement effective national ABS regulatory frameworks that address the governance of MRGs and marine bioprospecting activities in sea areas under their jurisdiction. Familiarising the scientific community with the evolving international framework governing the access and utilisation of those resources would be just as relevant. With this in mind, this contribution will examine the interplay between the Law of the Sea and the Nagoya Protocol, the two primary international instruments setting out the conditions for the ABS of MGRs within national jurisdiction and provide an overview of the core provisions on the various rights and obligations of coastal States (providers of MGRs) and researching States (users of MGRs) under both instruments. Finally, the importance of the involvement of the scientific community in the international ABS process will be highlighted.

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