Evolving Relationship between Law, Offshoring of Professional Services, Intellectual Property, and International Organizations

2007 ◽  
Author(s):  
Amar Gupta ◽  
David A. Gantz ◽  
Devin Sreecharana ◽  
Jeremy Kreyling
Author(s):  
Amar Gupta ◽  
David A. Gantz ◽  
Devin Sreecharana ◽  
Jeremy Kreyling

This chapter covers four issues. First, it examines evolving international conventions to determine whether countries, especially developed countries, can take any steps to inhibit offshoring with the objective of protecting jobs in their respective countries. Second, it looks at statistics from independent sources to see if outsourcing exceeds insourcing, or vice versa, in the case of the U.S. Third, it looks at trends in outsourcing in the legal arena. Fourth, it looks at the intellectual property aspects of outsourcing and presents a long-term vision on how this ticklish issue is likely to be addressed in the long-term.


Author(s):  
Amar Gupta ◽  
David A. Gantz ◽  
Devin Sreecharana ◽  
Jeremy Kreyling

This paper covers four issues essential to understanding the interplay between law, the offshoring of professional services, intellectual property, and international organizations. First, this paper examines the extent to which evolving international conventions restrict the ability of countries, especially developed countries, to inhibit offshoring with the objective of protecting jobs at home. Second, it looks at statistics from independent sources to see if the U.S. ultimately benefits or loses when outsourcing occurs—i.e., whether offshoring exceeds insourcing, or vice versa, in the case of the U.S. Third, it cites specific examples to predict future legal trends in outsourcing. Fourth, it looks at the intellectual property aspects of outsourcing, and suggests equitable protection of intellectual property in an economy with increased offshoring.


2010 ◽  
pp. 286-309
Author(s):  
Amar Gupta ◽  
David Gantz ◽  
Devin Sreecharana ◽  
Jeremy Kreyling

This chapter covers four issues. First, it examines evolving international conventions to determine whether countries, especially developed countries, can take any steps to inhibit offshoring with the objective of protecting jobs in their respective countries. Second, it looks at statistics from independent sources to see if outsourcing exceeds insourcing, or vice versa, in the case of the U.S. Third, it looks at trends in outsourcing in the legal arena. Fourth, it looks at the intellectual property aspects of outsourcing and presents a long-term vision on how this ticklish issue is likely to be addressed in the long-term.


Author(s):  
Amar Gupta ◽  
David A. Gantz ◽  
Devin Sreecharana ◽  
Jeremy Kreyling

This article covers four issues. First, it examines evolving international conventions to determine whether countries, especially developed countries, can take any steps to inhibit offshoring with the objective of protecting jobs in their respective countries. Second, it looks at statistics from independent sources to see if outsourcing exceeds insourcing, or vice versa, in the case of the U.S. Third, it looks at trends in outsourcing in the legal arena. Fourth, it looks at the intellectual property aspects of outsourcing and presents a long-term vision on how this ticklish issue is likely to be addressed in the long-term.


Terminology ◽  
2016 ◽  
Vol 22 (2) ◽  
pp. 171-200
Author(s):  
Cristina Valentini ◽  
Geoffrey Westgate ◽  
Philippe Rouquet

Many key terminology databases are managed by national and international organizations. However, the methodology behind the development of such databases has rarely been discussed. This paper presents the terminology database of the Patent Cooperation Treaty (PCT) of the World Intellectual Property Organization (WIPO), the scientific and technical patent terminology database in ten languages available for browse online in WIPO Pearl. The article discusses in detail the design and structure of the PCT Termbase with reference to ISO standards. Divergences are explained in light of specific aspects of the workflow and the text type under consideration — patents. Thus, traditional problematic areas of terminography are addressed from a practical perspective, e.g. identifying concepts and terms; attributing a concept to a specific subject field in a multidisciplinary database; multilingual equivalence; quality control in terminology management; building domain ontologies from/in terminology databases. A comprehensive understanding of the PCT Termbase is thereby provided.


2020 ◽  
Vol 13 (2) ◽  
pp. 176-182
Author(s):  
V.N. Glaz ◽  
◽  
T.G. Martseva ◽  
O.V. Berezhnaya ◽  
◽  
...  

This article reveals the importance of legal regulation of intellectual property issues in economic integration between the Russia and the Republic of Belarus. Membership in a number of international organizations makes it necessary to change the state approach to the protection of intellectual property.


2014 ◽  
Vol 10 (2) ◽  
pp. 373-394
Author(s):  
Edward Kwakwa ◽  
Marie-Lea Rols

In light of their particular role and position, international organizations have long benefited from specific privileges and immunities. Most notably, it is usually understood that these organizations enjoy jurisdictional immunity and that their premises are inviolable, while some privileges and immunities have been extended to their staff. Those privileges and immunities, however, are not absolute and can be curtailed, or waived, under certain circumstances. As a result, not only may the practice regarding privileges and immunities vary from one organization or jurisdiction to another, but the precise scope of said privileges and immunities could be challenged. The World Intellectual Property Organization (‘wipo’) benefits from a comprehensive protection in that respect, based either on the 1947 Convention on the Privileges and Immunities of the Specialized Agencies or bilateral agreements, complemented by relevant domestic provisions. Nonetheless, the Organization rarely had to exercise them so far. In fact, it seems that wipo’s policy and related practice with regards to potential claims or claimants, rather than an intricate web of privileges and immunities provisions, has kept the Organization out of the courts.


Author(s):  
Kevin T. Merriman ◽  
David M. Knapp ◽  
Meghan E. Ruesch ◽  
Nicole M. Weir

Whether a claim involves “bodily injury” or “property damage” is a threshold issue for coverage under Coverage A of the standard comprehensive general liability (CGL) policy and homeowners policy. Social media-related claims that allege pure emotional distress, without corresponding physical manifestations, or that allege damage to intangible property, such as intellectual property rights, may not fall within the insuring agreements of these policies. Social media claims often allege intentional conduct, if not intentional harm, which raises the threshold issue of whether the claim alleges an “occurrence” such that coverage is triggered. To the extent a social media claim falls within the policies’ insuring agreements, the next issue is whether the policies contain exclusions that might apply. Exclusions for expected or intended injury, employer’s liability, and electronic data may limit coverage for social media claims. Likewise, exclusions in homeowners policies for “bodily injury” or “property damage” arising from a home business, professional services, or physical or mental abuse may apply to common social media claims.


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