scholarly journals Does Intellectual Property Protection Bring Advantage to Innovators And Consumers? Perceptions of Kenyan Small Agro-Food Processors

2018 ◽  
Vol 8 (1) ◽  
Author(s):  
Dr. Sc. Francis Okumo Omillo ◽  
LL.M. Yufunalis Okubo

Enriching understanding of the complex relationship between intellectual property protection and local perceptions on how it benefits innovator and consumer in food value chain is an important policy effort towards food security and economic development of an agricultural society. This paper concerns intellectual property of small entrepreneurs as an intangible human capital that would spurs their ingenuity and innovation in processing foods to feed the exponentially growing population. The study sampled opinions of 132 micro and small agro-food processors in Kenya on intellectual property and its effect on developing advantageous products for them and consumers. Patent and trade secret were used as predictors of advantageous products. The two variables were modeled using linear regression techniques to find their effects on food products that would end starvation and generate enough income for the innovators (advantageous products). The study found out that the contribution of trade secrets was positive and patenting inverse to both the innovator and customer at marketplace. In the opinion of agro-food processors, intellectual property protection did not significantly influence the advantage of food products to the innovator and the end user. This implies that, small scale agro-food processors have not fully appreciated the importance of intellectual property rights. Therefore the study suggests the food processors are sensitized and current intellectual property legal framework be enhanced to promote innovation among the micro and small entrepreneurs. Borrowing from United States and China, the administration of intellectual property protection should be a one-stop-shop for policy development and enforce laws and all other intellectual proprietary matters. Interested further studies could be done on trade mark, copyrights and plant patents.

2004 ◽  
Vol 08 (10) ◽  
pp. 540-545
Author(s):  
Albert Wai Kit Chan ◽  
Jason Chih-Sheng Lin

The article discusses about trade secrets, trademarks and patents and plant patents. It is about the intellectual property protection while dealing with natural products.


Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 108-128
Author(s):  
Sudjana Sudjana

This study discusses the potential of Intellectual Property protection on the creation of Science and Technology Development results by Lecturers in Higher Education and Intellectual Property Protection on the Creation of Science and Technology Development results in Universities in Improving Global Competitiveness.This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of the study show that (1). the results of Science and Technology Development by university lecturers have the potential to obtain wealth protection in the field of Copyright and Patents, but do not rule out rights through other types of Intellectual Property. (2). Creation of Science and Technology development results that are protected by Intellectual Property and supported by the value chain and competitive scope will have high quality and reputation so as to enhance global competitiveness.


2021 ◽  
Author(s):  
Nicolas Hohn-Hein

Store design is becoming increasingly important: Long before Apple Store and Co. original store designs have captivated us. In an increasingly competitive market, store design entails considerable material and non-material value. However, protection against counterfeit store design so far has been discussed in science only rarely. This book closes the gap by analysing the relevant categories of German intellectual property protection (trade-mark, design, copyright and competition law). It not only provides an overview of the essential legal issues, but also gives concrete tips for protectable design. The book is thus aimed at practitioners in law firms and companies alike.


1993 ◽  
Vol 3 (3) ◽  
pp. 284-290
Author(s):  
Richard Craig

Pelargoniums represent a major floricultural crop in international markets. Intellectual property protection in the form of U.S. plant patents (200 since 1980) and European breeders' rights have been used for asexually propagated Pelargoniun. In addition, the hundreds of F', hybrid seed-reproduced cultivars are protected as trade secrets. International protection through the International Union for the Protection of New Varieties of Plants (UPOV) and the use of utility patents will accelerate breeding efforts; however, issues such as “essentially derived” and the farmer and research exemptions still must be resolved.


2019 ◽  
Vol 27 (3) ◽  
pp. 426-445
Author(s):  
Carol Chi Ngang ◽  
Patrick Agejo Ageh

In this article, we examine the prospect of securing intellectual property protection of African traditional medicine within the legal framework of the right to development in Africa. We do so with the aim to advance the right to development as an imperative to improving living standards for the peoples of Africa. Our analysis involves determining to what extent adequate protection could be secured to the benefit of the communities that engage in the practice of traditional medicine as a livelihood. Despite the imposition of western medicine, which has dominated traditional medicine since the colonial era, the latter has survived and, as we argue, deserves protection for gainful purpose as part of the common heritage, which the peoples of Africa are entitled by law to benefit from. With the renewed impetus directed towards re-establishing African value systems against the iniquities of imperial domination, our central focus in this article is to demonstrate that the practice of traditional medicine is deeply rooted in African culture, which under the African human rights system is granted as a human right. In essence, the advancement of African culture constitutes an integral aspect of the right to socio-economic and cultural development enshrined in the African Charter. Unlike other intellectual property regimes, which we argue are not sufficiently protective, we posit that the right development provides a sui generis framework within which intellectual property protection of African traditional medicine could effectively be claimed as a measure to secure redistributive justice, which the peoples of Africa have been deprived of over the decades.


2016 ◽  
Vol 5 (12) ◽  
pp. 58
Author(s):  
Maysa Said Bydoon

<p>The purpose of this article is to discuss the legal framework of human rights and intellectual property in terms of state obligations to afford a protection for both human rights and intellectual property. The relationship between intellectual property and human rights, under bilateral, regional and multilateral treaties, is a matter of concern. In focusing on the relationship between intellectual property and human rights, this article argues that there are many challenges on the wide use of Intellectual property rights that given possible conflict between intellectual property and human rights.</p>


2018 ◽  
Vol 59 (2) ◽  
pp. 61-84
Author(s):  
Yunsun Park ◽  
◽  
Oh-Sang Kwon ◽  

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