scholarly journals Access Versus Incentives: Analysing Intellectual Property Policies in Four UN Specialized Agencies by Emphasizing the Role of the World Intellectual Property Organization and Human Rights

2010 ◽  
Vol 13 (6) ◽  
pp. 697-728 ◽  
Author(s):  
Hans Morten Haugen
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
World Intellectual Property Organization ◽  
The World

scholarly journals The Role of Party Autonomy in Choosing Procedural Law in Arbitration: the rules of the WIPO Arbitration and Mediation Centre

2020 ◽  
Vol 9 (1) ◽  
pp. 207-231
Author(s):  
Bashayer Alghanim
Keyword(s):  
Intellectual Property ◽  
World Intellectual Property Organization ◽  
Party Autonomy ◽  
Applicable Law ◽  
Procedural Law ◽  
The World ◽  
The Law ◽  
Minimal Importance

While the role of parties’ autonomy is of minimal importance when discussing procedures in cases including foreign element presented before the courts, it plays an important role in the choice of applicable law in arbitration procedures. The reason for this is that an arbitrator is not subject to law of jurisdiction, in the same way as a national judge. In response to the development of protection of intellectual property, the World Intellectual Property Organization “WIPO” organization has established an arbitration and Mediation centre, described as the first institutional international center specialized in settling intellectual property disputes, and has given the parties freedom to choose the law applicable to procedure. The study concludes that it is essential to introduce amendments to the WIPO arbitration rules to guarantee legal clarity and prevent confusion, such as imposing characterization to the law of the selected seat of arbitration, the need for explicit choice on the law governing the arbitration procedures, and clarification about what is meant by the law of the seat of arbitration in the absence of choice.

WIPO's International Registration of Trademarks: An International Administrative Act Subject to Examination by the Designated Contracting Parties

2008 ◽  
Vol 9 (11) ◽  
pp. 1597-1624 ◽  
Author(s):  
Karen Kaiser
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
International Institutions ◽  
World Intellectual Property Organization ◽  
Property Law ◽  
Industrial Property ◽  
Intergovernmental Organization ◽  
Intellectual Property Law ◽  
The World

Although the World Intellectual Property Organization (WIPO) is a technical intergovernmental organization with a limited mandate, it has been entrusted with a panoply of tasks. These include, inter alia, the international harmonization of intellectual property law, the administration of fee-based global intellectual property protection services, and the delivery of dispute resolution services to individuals. While the central role of WIPO in the continuous development of substantive intellectual property law has been questioned by developing countries, the administrative activities of WIPO have remained largely unscathed by critique and, therefore, have not attracted much attention. They revolve around the international filing, registration or recognition of industrial property rights, such as patents, industrial designs and trademarks, and provide an interesting perspective on the law of international institutions.

A rationale for the legitimacy of the world legal order: Kant’s idea of a cosmopolitan will

2020 ◽  
Vol 9 (3) ◽  
pp. 523-530
Author(s):  
CLAUDIO CORRADETTI
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
European Court ◽  
The World ◽  
Global Constitutionalism

AbstractIn this contribution I provide an interpretation of Stone Sweet’s and Ryan’s cosmopolitan legal order in conjunction with a certain reconstruction of the Kantian cosmopolitan rationale. Accordingly, I draw attention to the connection between the notion of a general (cosmopolitan) will in Kant’s reinterpretation of Rousseau and the role of the European Court of Human Rights (ECtHR) as an ‘interpreter’ of such will. I conclude by suggesting that the opportunity of extending the CLO also accounts for a variety of other poliarchical regimes that, taken as a whole, illustrate the landscapes of contemporary global constitutionalism.

The Role of Religious Force in the Wukan Incident

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
The Political ◽  
The People ◽  
The World ◽  
History Of ◽  
The Media ◽  
Social Management ◽  
The Village

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.

Legal Protection of the Web Page as a Database

2009 ◽  
pp. 2616-2631
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
World Intellectual Property Organization ◽  
Web Pages ◽  
Future Trends ◽  
Web Page ◽  
European Directive ◽  
The World ◽  
The Web

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.

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