From Fighting Monopolies to Promoting Industry: Patent Laws and Innovation in Sweden 1819–1914

2019 ◽  
Vol 60 (1) ◽  
pp. 123-156 ◽  
Author(s):  
David E. Andersson ◽  
Fredrik Tell
Keyword(s):  
Intellectual Property ◽  
Life And Death ◽  
The Third ◽  
Patent Laws ◽  
The World ◽  
Public Debates ◽  
Different Types ◽  
The Law ◽  
Market For Technology ◽  
Early Market

Abstract In this essay, we trace the evolution of four different patent laws in Sweden; from the first Swedish law of privilegia exclusiva in 1819 to the country becoming only the third country in the world to introduce novelty searches into the law of 1884. We discuss the ensuing contemporary public debates surrounding new proposals for legislation, as well as discernible effects of new patent laws. From being mainly a question about the “tyranny of monopolies” in the early laws to being one of “life and death for Swedish industry” in the subsequent laws, we show how changes in patent legislation resulted in three different types of innovation; technological, market and organizational. The results show that although the early laws implied severe litigation problems and considerably shorter patent terms, an early market for technology emerged as legislation had clearly established that intellectual property could be sold, bought and inherited. Concurrently the law of 1856 created a market for patenting services and patent agencies by requiring the use of Swedish agents by foreign patentees. Finally, foreign patenting increased as restrictions on patentees being non-Swedish citizens were gradually phased out.

United and Uniting Churches

2017 ◽  
Author(s):  
James Haire
Keyword(s):  
Nineteenth Century ◽  
Significant Contribution ◽  
New Delhi ◽  
World Council Of Churches ◽  
Ecumenical Movement ◽  
The Third ◽  
The World ◽  
Different Types ◽  
World Council ◽  
History Of

United and uniting churches have made a very significant contribution to the ecumenical movement. In seeking to assess that contribution, the chapter first defines what these churches are, considers the different types of union that have been created, examines the characteristics of these churches, and looks at the theological rationale for them. It goes on to trace the history of their formation from the beginning of the nineteenth century, and particularly during the years leading up to and following the Third Assembly of the World Council of Churches at New Delhi in 1961, under the influence of Lesslie Newbigin. Giving a theological assessment, it emphasizes that the existence of these churches, despite difficulties, provides places where the final unity of Christ’s one body is most clearly foreshadowed. They will always present proleptic visions of that goal.

The Invention and Expansion of Intellectual Property

2017 ◽  
Author(s):  
Murphy Halliburton
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
World Trade ◽  
Court Decisions ◽  
Market Control ◽  
Patent Laws ◽  
The World ◽  
Paris Convention ◽  
The U.S

This chapter depicts the emergence of the concept of intellectual property starting with analyses of intangible property in pre-capitalist societies and the development of patents and copyrights in 15th-18th century Europe. Court decisions that expanded the scope of intellectual property in the last few decades in the U.S. are presented followed by a review of the development of patent treaties from the Paris Convention of 1883 to the current World Trade Organization TRIPS legislation which required a rewriting of patent laws in India and around the world. India’s 1970 Patents Act, the reigning law until the TRIPS regime, prohibited product patents on medications, allowing only patents on the process for making a drug in order to prevent monopoly control of medications. In 2005, India had to change its law to comply with the WTO by allowing product patents and exclusive market control of medications.

1 Introduction

2018 ◽  
Author(s):  
Smith Marcus ◽  
Leslie Nico
Keyword(s):  
Intellectual Property ◽  
Historical Development ◽  
Different Types ◽  
English Law ◽  
The Law

This introductory chapter provides an overview of the book, describing the law of assignment and intangible property. The law of assignment is concerned with intangible property. Traditionally, English law has tended to use the label choses (or things) in action to describe this species of property, and this term is still widely used. As a result, in order to understand the historical development of the law of assignment, it is at times necessary to make use of the term ‘chose in action’. Intangible property is classified into six different types: rights or causes of action; debts; rights under a contract; securities; intellectual property; and leases. It comprises both legal and equitable property. The distinction between law and equity looms large in assignment, and is one of the reasons for the subject's complexity.

scholarly journals On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective

2018 ◽  
Vol 10 (12) ◽  
pp. 4369 ◽  
Author(s):  
Qing Lin ◽  
Zheng Lian
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Copyright Protection ◽  
Patent Protection ◽  
Intangible Cultural Heritage ◽  
The Third ◽  
Current State ◽  
The World ◽  
Protection Mode ◽  
Ipr Protection

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

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.

A Review of Lofts as Housing in Istanbul

2014 ◽  
Vol 39 (1) ◽  
pp. 56-68
Author(s):  
Serpil Özker
Keyword(s):  
New York ◽  
Industrial Revolution ◽  
Cultural Development ◽  
Urban Transformation ◽  
Way Of Life ◽  
The Third ◽  
Cultural Life ◽  
The World ◽  
Different Types ◽  
The Usa

Lofts are housing forms converted from warehouse-workshop into a “habitable environment” in coastal towns of Europe and the USA after the Industrial Revolution. Particularly positioned in coastal towns of New York, Loft life made an impact in the world over time. It became a new form of living when artists converted structures like factories into habitable environment. From past to today, all national and international developments during the process affected and accelerated development of the constant evolution of housing concept. In that sense, in this study, the meaning of Lofts in Istanbul and the effect and change of socio-cultural stratification on spatial conversion of housing consumerism has been examined in the context of Istanbul. Especially, process of gentrification, shaped by effects of urban transformation post 1980, and cultural development affected by this process, attendant Loft life has become an accelerating way of life. In this context, historical and stylistic value and especially usage of Loft living has been examined. In the first chapter; past, present and the post-1980 development of housing sector in Istanbul, in the second chapter, with a thriving cultural life, and Loft formation, has been examined in the context of structural criteria, resulting three different Lofts have been discussed in detail. In the third section, three different types of Loft have been analyzed in the context of space depending on examples. As a result of researches, three different types of Lofts, “Original”, “Semi” and “Imitation” concepts have become clear and it has been concluded that “Imitation Loft” formation gives direction to life in Istanbul.

MISQUOTING SOPHOCLES’ OEDIPVS TYRANNVS. A NEW PROOF OF THE INAUTHENTICITY OF PS.-ARISTOTLE, ON THE COSMOS

2018 ◽  
Vol 68 (2) ◽  
pp. 733-735
Author(s):  
Manuel Galzerano
Keyword(s):  
Capital Punishment ◽  
Latin Translation ◽  
Greek City ◽  
Life And Death ◽  
Perfect Order ◽  
The World ◽  
The Law ◽  
The Stability ◽  
The City ◽  
The Universe

Chapters 6 and 7 of the pseudo-Aristotelian treatise On the Cosmos (Περὶ κόσμου = De mundo) display ‘a series of well-crafted and carefully organized analogies’ in order to represent the power of god pervading the whole universe. The last analogy (400b14–28), which is by far the most important in this section, compares the rule of god over the world to the rule of the law in a Greek city (ὁ τῆς πόλεως νόμος). As shown by the author in the previous analogies, the perfect order of the universe is the result of the continuous creation and dissolution of single things: this process—based upon the harmony of opposites—is the keystone of the eternity and equilibrium of our world. Similarly, the law is the unmoved (ἀκίνητος) mover of every activity and experience in the city: both positive and negative situations involving single citizens contribute to the supreme order and stability of the city. Positive examples include the activity of rulers, officials and members of the assemblies (ἄρχοντες, θεσμοθέται, βουλευταί, ἐκκλησιασταί), whereas negative examples include those who go to trial defending themselves (ὁ δὲ πρὸς τοὺς δικαστὰς ἀπολογησόμενος) and those who are imprisoned and destined to capital punishment (ὁ δὲ εἰς τὸ δεσμωτήριον ἀποθανούμενος). In spite of their difference, all of these actions are due to one single order (κατὰ μίαν πρόσταξιν), that is, the civic law, which ensures the stability of the city. To stress and illustrate this concordia discors, which characterizes both the city and the universe, the author of the treatise closes the passage with a quotation from Sophocles’ Oedipus Tyrannus (lines 4–5):πόλις δ' ὁμοῦ μὲν θυμιαμάτων γέμει,ὁμοῦ δὲ παιάνων τε καὶ στεναγμάτωνThe author reads these verses as a perfect example of a context characterized by opposite situations: in fact, the city is full of paeans (παιάνων), which are interpreted as ‘songs of joy and relief’, and, at the same time, it is also full of laments and mourns (στεναγμάτων). The same interpretation can be found in the Latin translation of the treatise, which gives even more emphasis to the opposition between life and death: uideasque illam ciuitatem pariter spirantem Panchaeis odoribus et graueolentibus caenis, resonantem hymnis et carminibus et canticis, eandem etiam lamentis et ploratibus heiulantem.

scholarly journals Ch.9 Patents

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
National Level ◽  
Trips Agreement ◽  
Good Faith ◽  
Vienna Convention ◽  
Policy Issues ◽  
Patent Laws ◽  
The World

This chapter explores the issue of patentability. Article 27.1 of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement stipulates that ‘patents shall be available for any inventions’. As with most patent laws in the world, the Agreement does not define what an invention is. The plain wording of Article 27.1 suggests that Members have been left room to define ‘invention’ within their legal systems, in good faith, subject only to the application of the method of interpretation set out by the Vienna Convention. However, the interpretation of the obligation to patent ‘any inventions’ raises many important policy issues, such as the extent to which Members are bound to confer patents over discoveries, particularly over substances found in nature such as genes. Although Members can adopt a more expansive concept at the national level, they are not obliged to grant patents to what is not ordinarily considered an ‘invention’. Thus, they are not obliged to grant patents over genes.

Part I The Nature of Intangible Property, 8 Leases

2018 ◽  
Author(s):  
Smith Marcus ◽  
Leslie Nico
Keyword(s):  
Intellectual Property ◽  
Middle Ages ◽  
Real Property ◽  
Modern Times ◽  
The World ◽  
The Law ◽  
The Right ◽  
Historical Origins ◽  
The Middle Ages

This chapter focuses on leases. Leases are most commonly associated with transactions involving land, and have been a feature of the law of real property since the Middle Ages. However, other forms of lease have become increasingly prominent in modern times. There are now major industries concerned with the leasing of chattels, such as vehicles or aircraft, and leases of intangible rights have become commonplace in the world of intellectual property. The key feature of such leases is that the lessee obtains the right to exclude others from using the relevant chattel or intellectual property. This is in contrast to a mere licence, by which the licensee obtains only the right to use the chattel or property himself. The chapter looks specifically at leases over land—its nature, historical origins, and whether they can be properly classified as choses in action.

scholarly journals PROTECTION OF INTELLECTUAL PROPERTY IN PHARMACEUTICAL INDUSTRY

2010 ◽  
Vol 2 (4) ◽  
pp. 62-64
Author(s):  
Vitalija Česiulytė ◽  
Eligijus Toločka ◽  
Rolandas Strazdas
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
New Drugs ◽  
High Demand ◽  
Disease Treatment ◽  
Treatment And Prevention ◽  
The World ◽  
Different Types ◽  
Substantial Investment

The development of pharmaceutical and biotechnology industries indicates that people around the world use different types of drugs for disease treatment and prevention. In the case of high demand for medicines, great attention to pharmacy industry is paid. Since the drugs are directly linked to human health and life, the state pays special attention to the safety of medicines and the quality of eligibility. Therefore, the companies wishing to become a part of this area are to obtain and then keep the license. The protection of intellectual property allows companies to use substantial investment in new drugs and treatment methods and to conduct research in the future. This is a particular concern for originator companies. Undefended patents also inhibit the creativity of local people as local innovators know that their products can be immediately copied, thus discouraging investment in new investigation.

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