Intellectual Property and Biotechnology

2005 ◽  
Vol 2 (6) ◽  
Author(s):  
Victoria Jimenez ◽  
Dennis Fernandez
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Management Strategy ◽  
Public Domain ◽  
International Treaties ◽  
Trade Secrets ◽  
State Laws ◽  
The Public ◽  
Legal Entitlement ◽  
Sound Management

AbstractWhy protect Intellectual Property?Intellectual property (IP) refers to a legal entitlement, which sometimes attaches to the expressed form of an idea or of other intangible subject matter. The most well known forms of IP include copyrights, patents, trademarks, and trade secrets. IP rights are protected under various federal and state laws, as well as international treaties. Without this protection, IP would fall into the public domain and be used by any party without a license. Therefore, a sound management strategy should systematically build a portfolio consisting of different IP rights, with the aim of protecting the various aspects of the company’s technology and commercial interests.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

TOWARDS A REGIME CHANGE IN THE ORGANIZATION OF THE SEED SUPPLY SYSTEM IN CHINA

2012 ◽  
Vol 49 (1) ◽  
pp. 114-133 ◽  
Author(s):  
JINGSONG LI ◽  
JANICE JIGGINS ◽  
EDITH T. LAMMERTS VAN BUEREN ◽  
CEES LEEUWIS
Keyword(s):  
Intellectual Property ◽  
Smallholder Farmers ◽  
Plant Genetic Resources ◽  
Rural Poverty ◽  
International Treaties ◽  
Chinese Context ◽  
The Public ◽  
Testing Procedures ◽  
Seed Supply ◽  
Participatory Breeding

SUMMARYThis paper explores changes in the organization of seed supply in China over the last decade by means of a multi-level institutional analysis. At the landscape level, the implications for China of the regulation of plant genetic resources through various international treaties and conventions are reviewed in the light of the evolution of the global seed industry. At the regime level, the transition in the Chinese context to market-based seed supply and the development of commercial and public seed sectors are examined. The study then analyses trends in seed supply at the niche level, with reference to participatory maize (Zea mays L.) breeding in three provinces in southwest China where high rural poverty persists. This work offers radical novelty in variety development and seed provision on behalf of smallholder farmers. However, a series of technical, organizational and market ‘mismatches’ are demonstrated within the existing seed regime. The participatory work emphasizes breeding for diverse cultivars adapted to specific ecosystems but these are prevented from reaching commercial markets by existing varietal testing procedures. Participatory breeding has potential to address farmers’ varietal needs as agriculture modernises and to support the public function of research institutes, but within mainstream intellectual property regimes the public value of participatory breeding cannot be accommodated adequately. Yet, when coupled to institutional innovations for recognising intellectual property and sharing benefit among all those who contribute, participatory breeding may initiate a powerful dynamics for change within seed regimes and a sui generis seed system suited to the Chinese context.

scholarly journals Property on the Line: Life on the Frontier between Copyright and the Public Domain

2013 ◽  
Vol 44 (1) ◽  
pp. 1
Author(s):  
Graeme W Austin
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Public Domain ◽  
Copyright Law ◽  
Human Rights Law ◽  
Line Life ◽  
The Public ◽  
Inaugural Lecture ◽  
Creativity And Innovation ◽  
The Relationship

This article is an edited transcript of Professor Graeme W Austin's Inaugural Lecture, delivered in the Council Chamber of Victoria University of Wellington on 15 November 2012. Professor Austin was appointed Chair in Private Law in the Faculty of Law in November 2010. This lecture explores claims that in copyright law, the public domain is necessarily in opposition to proprietary rights, and suggests that in many contexts the incentives offered by copyright contribute to the vibrancy and volume of material that is available for downstream creativity and innovation. Drawing on his earlier work on the relationship between human rights law and intellectual property, Professor Austin's lecture advances the idea that cognisance of the human rights dimensions of intellectual property, including creators' human rights, should inform our understanding of the appropriate scope of the rights of copyright owners. The lecture concludes with a warning against the "Walmartization" of copyright.

scholarly journals Guarding a Cultural Icon: Concurrent Intellectual Property Regimes and the Perpetual Protection of Anne of Green Gables in Canada

2011 ◽  
Vol 56 (4) ◽  
pp. 1011-1055 ◽  
Author(s):  
Andrea Slane
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
The Other ◽  
Property Law ◽  
Cultural Significance ◽  
The Public ◽  
Public Benefit ◽  
Anne Of Green Gables ◽  
Property Regimes

This article uses the various intellectual property protections afforded to the classic children’s novel Anne of Green Gables as a means of illustrating the blurring between copyright, trademark, and official marks regimes in Canada. By not keeping these regimes distinct, the author argues, Canadian intellectual property law seriously threatens the integrity of the public domain, a central means by which an appropriate balance is struck between the interests of authors, other cultural producers, and the public at large. The blurring between regimes is located in three conceptual sites: origin in copyright versus source in trademark; reputation in copyright versus goodwill in trademark; and the weak requirement that a public authority serve a "public benefit" in order to qualify for official marks protection, without any consideration of the public interest served by the limitations on protections built into the other intellectual property regimes. Reinforcing the distinctions between regimes and clarifying the public benefit requirement for official marks would help protect the public domain from unjustified encroachments that potentially deprive us of access to creative works of shared cultural significance.

Article 26—Application in Time

2021 ◽  
pp. 412-412
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Visual Art ◽  
Public Domain ◽  
Single Market ◽  
The Public ◽  
Time Of Application ◽  
Negotiation Mechanism ◽  
Copyright Directive

This chapter highlights the time of application of Directive 2019/790, a copyright directive in the Digital Single Market in Europe, which is included in Chapter 26. It emphasizes that Directive 2019/790 will apply in respect of all works and other subject matter that are protected by national law in the field of copyright. The directive will be implemented on or after 7 June 2021. The chapter points out that Directive 2019/790 will apply without prejudice to any acts concluded and rights acquired before 7 June 2021. It also cites the legislation on the negotiation mechanism, works of visual art in the public domain, and information about collective licensing with an extended effect.

Article 14—Works of Visual Art in the Public Domain

2021 ◽  
pp. 239-249
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
Visual Art ◽  
Public Domain ◽  
The Public ◽  
Technological Developments ◽  
High Level ◽  
The Way

This chapter highlights the works of visual art in the public domain stipulated in Article 14 of Directive 2019/790, copyright order in Europe. It discusses the term of protection of a work of visual art, which is not subject to copyright or related rights when deemed expired. It also reviews rapid technological developments that continue to transform the way works and other subject matter are created, produced, distributed, and exploited. The chapter cites the Commission Communication of 9 December 2015 entitled, which states that it is necessary to adapt and supplement the existing Union copyright framework, while keeping a high level of protection of copyright and related rights. It explains that cultural heritage institutions cover publicly accessible libraries and museums regardless of the type of works or other subject matter that they hold in their permanent collections.

Public domain art in an age of easier mechanical reproducibility

2006 ◽  
Vol 31 (3) ◽  
pp. 11-15
Author(s):  
Kenneth Hamma
Keyword(s):  
Education Research ◽  
Intellectual Property ◽  
Cultural Heritage ◽  
Public Good ◽  
Intellectual Property Rights ◽  
Public Domain ◽  
Information Environment ◽  
Digital Resources ◽  
Non Profit ◽  
The Public

The current information environment presents opportunities for sharing information and enhancing the public domain of creative resources for education, research and the public good. Because the sharing paradigm for digital resources is fundamentally different from any we experienced in the analog world, practices of non-profit cultural heritage collecting institutions should be re-examined and re-evaluated with respect to aligning mission with new opportunities. One practice that deserves attention, particularly in this new environment, is the continued assertion of intellectual property rights in images of creative works that are themselves in the public domain.

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