scholarly journals Global Ruling. Intellectual Property and Development in the United Nations Knowledge Economy

2014 ◽  
Vol 11 (2) ◽  
pp. 113-145 ◽  
Author(s):  
Ondina Fachel Leal ◽  
Rebeca Hennemann Vergara de Souza ◽  
Fabrício Solagna
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Life ◽  
International System ◽  
Historical Context ◽  
Civil Society Organizations ◽  
World Intellectual Property Organization ◽  
International Agency ◽  
Development Agenda

This paper firstly provides an ethnographic account of the dynamic of events in Geneva in 2004, when meetings of various multilateral agencies and global civil society organizations were held simultaneously to discuss the proposal to include the Development Agenda as a key element of intellectual property rights (IPR), seeking to insert some public policy aspects into the existing legal frameworks on IPR. Secondly we describe the historical context for the emergence of the intellectual property system as global legislation, explaining how it came into being and the ways in which it intertwines with international trade, examining the extent of its impact and its interfaces with various domains of social life, including culture and knowledge. Finally, based on interviews, documents and minutes from international agency meetings, we reconstruct the three-year process of negotiating the Development Agenda at the World Intellectual Property Organization (WIPO), describing the role of its main actors. Since Brazil, a member state of the organization, assumed a lead role in promoting the Agenda, we examine the disputes that occurred during this process as political actors veered back and forth in their support for the international system to protect and enforce intellectual property rights, and the tensions generated as IPRs become barriers to the trade and development of developing nations.

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.

Regulating Access and Protecting Traditional Health Knowledge through Intellectual Property Rights? Issues from a Holistic Health Systems Perspective

2018 ◽  
Vol 23 (3) ◽  
pp. 504-529 ◽  
Author(s):  
Ritu Priya ◽  
Chris M. Kurian
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Health Systems ◽  
Intellectual Property Rights ◽  
Health Knowledge ◽  
Systems Approach ◽  
Holistic Health ◽  
World Intellectual Property Organization ◽  
Traditional Health

Traditional Health Knowledge (THK) has been a resource for modern pharmacology and the pharma-ceutical industry since its inception. Until the 2000s, there was little obligation to acknowledge the use of THK by the pharmaceutical industry. Now, with the intellectual property regime becoming a prominent mode of regulating use of pharmaceutical inventions and innovations, and attempts by the pharmaceutical industry to patent products based on THK, rights of THK holders are being fore-grounded. The World Intellectual Property Organization (WIPO) is seeking to protect the rights of THK holders through international legal instruments under the Intellectual Property Rights (IPR) framework. This article discusses dilemmas arising from this attempt at bringing together two diverse knowledge frameworks. It draws upon existing literature on the nature of THK and upon the debates of the WIPO’s Inter-Governmental Committee on Genetic Resources, Traditional Knowledge and Traditional Cultural Expression (WIPO-IGC), and analyses them from the standpoint of a holistic health systems approach (HHSA) in an era of Sustainable Development Goals (SDGs). The approach leads to the conclusion that deliberations and promulgations of the WIPO-IGC will have long-lasting implications for the survival of diversity and context-specificity in healthcare. Therein lies the significance of thinking through the policy and legal measures to be adopted nationally and internationally.

scholarly journals Intellectual Property, Traditional Resources Rights, and Natural Law: A Clash of Cultures

2007 ◽  
Vol 7 ◽  
pp. 182-188
Author(s):  
John N Gathegi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Natural Law ◽  
Large Degree ◽  
World Intellectual Property Organization ◽  
International Treaties ◽  
The World ◽  
African Context ◽  
Clash Of Cultures

Western nations, through international treaties and bodies such as the World Trade Organization, the World Intellectual Property Organization, and economic and political pressures on many governments, are to a large degree succeeding in strengthening protection of intellectual property rights as they are understood mainly within the western context. Framing the debate within Locke‘s theory of natural law, the paper discusses the extent to which this strengthening of intellectual property rights is appropriate for developing countries, especially within the African context.

When Property Does Not Mean Property: An Analysis of the Existence of International Intellectual Property†

2011 ◽  
Vol 39 (3) ◽  
pp. 328-345
Author(s):  
Jonathan M.W.W. Chu
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
International Agreements ◽  
World Intellectual Property Organization ◽  
Logical Conclusion ◽  
International Obligations ◽  
Definition Of

AbstractThis paper endeavours to dispel the logical conclusion which one may draw from the territorial nature of intellectual property rights and aims to show that the term “international intellectual property” may refer to the underlying products of intellect which give rise to rights granted internationally and which are, themselves, rights of a different sort.To suggest that “there is no such thing as international intellectual property” may have been particularly reasonable prior to the end of the 19thcentury when there was little or no international obligations to protect intellectual property. Nowadays, however, the term “international intellectual property” is, at the very least, misunderstood, if not a clear term that has worked its way into the international legal lexicon with each international intellectual property agreement entered into since the beginning of the beginning of the international period.It is quite plain that individual intellectual property rights such as copyright, patents, registered designs, and registered and unregistered trade mark rights are not international in scope or nature. It is also quite clear that intellectual property rights are territorial in nature as they are derived from national law and are governed exclusively within jurisdictions of such law. This principle is trite and was better observed in a World Intellectual Property Organization survey:Each country determines, for its own territory and independently from any other country, what it is to be protected as intellectual property, who should benefit from such protection, for how long and how protection should be enforced.Despite an apparently logical conclusion which one may draw from the territorial nature of intellectual property rights, the term “international intellectual property” may infer something more than this. Rather than confining the term to basic interpretation of the words which make the term, international intellectual property may refer to the underlying products of intellect which give rise to rights granted internationally and which are, themselves, rights of a different sort. While the standards of recognition and rights granted in relation to such products of intellect may vary between nations, the source of such products remains the same and it is such property which various international agreements seek to govern. It is given through developments in international intellectual property agreements, that a definition of the term may be implied, if not derived.In this paper, I endeavour to establish that there is such thing as international intellectual property. As such, I will first establish that there is such a thing as „intellectual property,” despite arguments against the term. I will then move on to establish that there is such thing as international intellectual property, particularly in light of the developments in international intellectual property agreements.

COPYRIGHT AND RELATED RIGHTS PROTECTION IN MODERN CONDITIONS

2017 ◽  
Author(s):  
Hanna Urazova ◽  
◽  
Yulia Gudzenko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Intellectual Property Organization ◽  
Modern World ◽  
The Internet ◽  
Rights Protection ◽  
Domestic Legislation ◽  
The Law ◽  
Definition Of

The article presents a study of the problem of protection and enforcement of intellectual property rights, namely copyright and related rights. It is noted that the issue of protection and preservation of copyright and related rights in the modern world is very relevant and currently not fully resolved. The analysis of normative-legal documents in this sphere is carried out. In particular, the domestic legislation was studied, namely, the norms of the Civil and Criminal Codes of Ukraine, the Law of Ukraine "On Copyright and Related Rights", the Law of Ukraine "On State Support of Cinematography in Ukraine". International normative legal acts are analyzed. Namely: the World Intellectual Property Organization Copyright Treaty (BOIB Agreement) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The definition of "protection" is given, as well as the objects and subjects of copyright and related rights. The article also pays attention to the types of copyright and related rights protection: jurisdictional and non-jurisdictional. Two modern ways of copyright protection have been studied - copyright and copyleft. Civil law protection is analyzed: the grounds for a person to go to court to protect their intellectual property rights, the procedure for protection of infringed rights and ways to protect these rights are determined. It has been established that filing a claim against the infringer of copyright and related rights is not always an effective way of protection. Thus, the subjects of copyright and related rights often choose to protect their infringed rights. Problems related to the regulation, protection and proof of copyright infringement on the Internet have been identified. An analysis of case law on the protection of copyright and related rights. It has been found that courts do not always adequately protect related rights that have been violated on the Internet. The conclusions and prospects of development of protection and protection of copyright and related rights are given.

2. The international and European framework

2019 ◽  
pp. 28-38
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Intellectual Property Organization ◽  
Trade Marks ◽  
The World ◽  
International Conventions ◽  
International Aspects

This chapter considers the international aspects of intellectual property rights. It summarizes the various international conventions, treaties, agreements, and protocols that are in place, all of which are administered by the World Intellectual Property Organization. The chapter also discusses European initiatives in the areas of patents, trade marks, industrial designs, and copyright.

scholarly journals THE IMPACT OF TRIPS ON IPRs PROTECTION IN JORDAN, AS A PRIME EXAMPLE OF A DEVELOPING COUNTRY

2020 ◽  
Vol 5 (Special) ◽  
pp. 154-162
Author(s):  
Mohammad Abdulmahdi Amin Alfaouri
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Low Income ◽  
Social Life ◽  
Negative Impact ◽  
Developed Countries ◽  
Ethical Attitude ◽  
The Impact

In the last few decades, the developing countries have witnessed a remarkable increase in the infringement of intellectual property rights thus conventions and treaties were held to reduce these infringements, in particular, the TRIPS Treaty (Trade-Related Aspects of Intellectual Property Rights).This study attempts to explain the causes of intellectual property rights infringements and the efficient means for intellectual property rights protections by taking Jordan as an example. The study finds that TRIPS Treaty, which is the latest international action to enhance the protection level, consumer's ethical attitude, development expenditure, economic policies, weakness of law enforcement, and low-income in developing countries are important factors to explain the level of IP protection. Because of all of these, the infringements became a phenomenon in developing countries that firstly need amendments in their intellectual property laws to apply the criminal sanctions jointly by civil remedies, owing to the fact of the shock value or general deterrence to enhance the commitment to the law and to remit this phenomenon, furthermore, the state will follow up on the cost of prosecution without involving the owners of the rights personally in many cases. On the other hand, literature revealed that the infringements of IPRs became a phenomenon because the TRIPS Treaty prepared for the benefits of the large companies, thus the developing countries' legislation, economic and consumer's ethical attitude got affected negatively. In addition, the developed countries threatened them by sanctions if they didn't make retroactively amendments on their legislation, which also led to prevent them to adopt the necessary measures that mitigate the negative impact on their economic and social life. Regarding the applied research method, this paper used secondary data sources and applied the descriptive and comparative analytical legal approaches to illustrate the most important points and findings on the topic.

scholarly journals Intellectual property and artificial intelligence

E-Management ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 43-49
Author(s):  
R. O. Omorov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Modern Society ◽  
World Intellectual Property Organization ◽  
Legal Personality ◽  
Technological Gap ◽  
The World ◽  
Artificial Intelligence Systems

Issues, arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society, have been considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity have been examined. Questions of copyright and ownership in the interaction of man, collective and artificial intelligence or artificial intelligence systems have been raised and proposed. Issues related to artificial intelligence as an object of intellectual property have been considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems has been presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject – a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights also have been considered, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data have been considered. Harmonization of international intellectual property rights policies to alleviate the technological gap between countries in the context of artificial intelligence development has been examined.

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