African Traditional Intellectual Property Rights, Customary Law, and Legal Pluralism

2019 ◽  
Vol 11 (4) ◽  
pp. 299-318
Author(s):  
Ayoyemi Lawal Arowolo
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Pluralism ◽  
Legal Issues ◽  
Customary Law ◽  
Legal Systems ◽  
Protection Mechanism ◽  
The Past ◽  
Intellectual Properties

AbstractIndeed, intellectual property rights are not new to traditional African communities. Traditional legal systems of protection in Africa such as customary law protected the rights of members of these communities. These systems of protection are still used. There are also practices of monopoly from the past regarding the use of some products of creative works. This paper examines the various ways in which traditional intellectual properties have been protected over the years which are similar in some ways to modern intellectual property rights. Thus, proposing that the adoption of a pluralistic protection mechanism (legal pluralism) for traditional intellectual properties could resolve legal issues related to them in Africa.

Multimedia Digital Library as Intellectual Property

2008 ◽  
pp. 279-290
Author(s):  
H. Sasaki ◽  
Yasushi Kiyoki
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Digital Library ◽  
Digital Libraries ◽  
Critical Issue ◽  
Legal Issues ◽  
System Implementation ◽  
Fundamental Knowledge ◽  
Library Community

The principal concern of this chapter is to provide those in the digital library community with the fundamental knowledge on the intellectual property rights and copyrights regarding multimedia digital libraries. The main objects of our discussion are the multimedia digital libraries with content-based retrieval mechanisms. Intellectual property rights are the only means for database designers to acquire their incentive of content collection and system implementation in database assembling. We outline the legal issues on multimedia digital libraries and retrieval mechanisms. As the protection of intellectual property rights is a critical issue in the digital library community, the authors present legal schemes for protecting multimedia digital libraries and retrieval mechanisms in a systematic, engineering manner.

The European Union’s New Generation of International Investment Agreements and Its Implications for the Protection of Intellectual Property Rights

2017 ◽  
pp. 271-305
Author(s):  
Siegfried Fina ◽  
Gabriel M. Lentner
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Legal Issues ◽  
The European Union ◽  
International Investment Agreements ◽  
New Generation ◽  
Investment Agreements ◽  
Do So

This article examines the potential challenges for the protection of intellectual property rights (IPRs) through International Investment Agreements (IIAs) in light of the new generation of IIAs negotiated by the European Union (EU). It argues that it will be difficult in practice to succeed in enforcing IPRs through IIAs. The article will do so by examining in detail the criteria international tribunals have required in order to consider IPRs covered investments, and then analyzing the key protection standards considering the interaction between investment treaties and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Because negotiators have reacted to the legal issues raised in this context with new and innovative treaty language, this article will further examine these issues based on the EU’s IIAs. Their drafting practice should be taken as an indication that existing IIAs should be interpreted rather narrowly in respect of the protection of IPRs.

scholarly journals Standardization

2018 ◽  
Vol 16 (1) ◽  
pp. 52-59 ◽  
Author(s):  
Henk de Vries ◽  
Kai Jakobs ◽  
Tineke M. Egyedi ◽  
Manabu Eto ◽  
Stephan Fertig ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Ethical Issues ◽  
Legal Issues ◽  
Corporate Management ◽  
Research Topics ◽  
Basic Understanding ◽  
Subjective Views ◽  
Potential Impact

Standardization research is a fairly new and is a still-evolving field of research, with possibly major practical ramifications. This article presents a summary of the authors' subjective views of the most pressing research topics in the field. These include, among others, standards (e.g. incorporation of ethical issues), the potential impact of standards, the corporate management of standardization and legal issues like Intellectual Property Rights (IPR). In addition, gaps have been identified with a respect to a basic understanding of standardization, suggesting a need for better education in the field.

The Ethics of Intellectual Property Rights in an Era of Globalization

2013 ◽  
Vol 41 (4) ◽  
pp. 841-851 ◽  
Author(s):  
Aakash Kaushik Shah ◽  
Jonathan Warsh ◽  
Aaron S. Kesselheim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The United States ◽  
Industrial Society ◽  
The Past ◽  
Material Goods ◽  
Industrial Markets ◽  
Post Industrial ◽  
States Patent

In recent decades, advances in information technology have given rise to a post-industrial society in which emphasis on the manufacture of material goods has been supplanted by the creation of intellectual property. Indeed, this new “knowledge economy” can be tracked by the exponential growth in patented products across a range of sectors since the 1980s (see Figure 1). According to the United States Patent and Trademark Office, the number of annual patent applications submitted grew from 112,379 to 520,277 over the past three decades, a 464% increase.The transformation in the industrial markets has been accompanied by the rise of a new, global institution for coordinating intellectual property rights (IPRs): the World Trade Organization (WTO).

Legal issues in bioinformatics

10.5912/jcb34 ◽  
1969 ◽  
Vol 9 (3) ◽  
Author(s):  
Caroline McCubbin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Issues ◽  
Legal Problem ◽  
Ipr Protection

This paper is a review of legal issues in the discipline of bioinformatics. It covers the intellectual property rights (IPR) protection available to databases (together with their contents) and software. Legal problem areas that are unique to the discipline are then discussed. The paper concludes with a summary of the IPR position and recommendations that have been made for resolution of problem areas.

scholarly journals Intellectual Property Rights and the Ancient Indian Perspective

2015 ◽  
Vol 3 (2) ◽  
pp. 15 ◽  
Author(s):  
Janani Ganapathi ◽  
Venkat Pulla
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
High Potential ◽  
The Past ◽  
The World ◽  
Original Works ◽  
Indian Perspective

Intellectual Property Rights (IPRs) appear to be vital for the sustenance of our present society. Not only do they seem to protect the original works of creators but they also fight infringement, a major problem in today’s world. But do we really need to fear the use of our works by others? Is it right to consider knowledge as a commodity and seek recognition for it? Ancient Indian scriptures appear to suggest that people of the Indian sub-continent did not uphold the concept of ownership of bases of knowledge and believed that knowledge was to be passed down without reservations: A Parampara (tradition ) of the Guru ( the erudite teacher) and Sishya (the understudy). This article is an effort to understand the views and values of the present and past that appear consistently divergent. In this paper we also recognise the growing initiatives that call for knowledge to be freely shared through means of open licensing. In fact these initiatives across the world are indicative of a rising movement with high potential for change in people’s perspectives for a better world where knowledge is free. This paper in this context is our humble attempt to reconnect with the values of the past.

MORE THAN ONE DECADE OF VIAGRA: WHAT LESSONS CAN BE LEARNED FROM INTELLECTUAL PROPERTY RIGHTS IN THE ERECTILE DYSFUNCTION MARKET?

2014 ◽  
Vol 18 (04) ◽  
pp. 1450027
Author(s):  
CÁSSIA RITA PEREIRA DA VEIGA ◽  
CLAUDIMAR PEREIRA DA VEIGA ◽  
JANSEN MAIA DEL CORSO ◽  
EDUARDO WINTER ◽  
WESLEY VIEIRA DA SILVA
Keyword(s):  
Erectile Dysfunction ◽  
Data Analysis ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Longitudinal Research ◽  
Pharmaceutical Market ◽  
Patent Data ◽  
The Past ◽  
Technological Trajectory

The general objective of this study is to investigate the erectile dysfunction pharmaceutical market over the past two decades (1990–2010) through patent data analysis. The study of the erectile dysfunction market allows the analysis of the technological trajectory of Viagra® in its several phases, since the launching of a radical innovation, going through the accommodation of incremental innovations and eventually the release of generic versions of that product. This is a descriptive, documentary, longitudinal research that analyses five research hypotheses. The results show how the erectile dysfunction market has developed over the years and the lessons that can be extracted regarding Intellectual Property Rights for countries, companies and governments, including political and social considerations about how much should a patent protect innovation.

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