Treating Creative Black Intellectual Property Ownership as a Human Right

2020 ◽  
Author(s):  
Toni Lester
Keyword(s):  
Intellectual Property ◽  
Human Right ◽  
Property Ownership ◽  
Black Intellectual

Intellectual Property Ownership in a University Setting

2022 ◽  
pp. 251512742110572
Author(s):  
Lizhu Y. Davis ◽  
Lynn M. Forsythe ◽  
John M. Mueller
Keyword(s):  
Intellectual Property ◽  
Graduate Student ◽  
Oil And Gas ◽  
Hard Rock ◽  
Property Ownership ◽  
The University ◽  
A Company ◽  
University Setting

Drilling through hard rock to explore for underground oil and gas is especially complicated in geographic areas where the sub-layer is full of dense and impenetrable rock. Charlie Scent, an Engineering Professor working at a university, undertook research to solve this dilemma and developed a solution after approximately 20 years of effort. To commercialize the technology, Scent collaborated with one of his PhD students and formed a company. Through the commercialization process, friction developed among the participants—Scent, the graduate student, and the university. This discord brought to light several important questions regarding intellectual property that is created in a university setting. This case is about who owns intellectual property and decreasing the probability that there will be friction between the individuals who are at the heart of an invention.

Intellectual Property Rights and Biodiversity Management: The Case of India

2004 ◽  
Vol 4 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Philippe Cullet ◽  
Jawahar Raja
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
International Treaties ◽  
Human Right ◽  
Individual Level ◽  
Biological Resources ◽  
The Individual ◽  
Biodiversity Convention

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.

scholarly journals Intellectual Property and Human Rights: A Conceptual Analysis in the Light of Developing Countries

2013 ◽  
pp. 144-158
Author(s):  
Nour Mohammad
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Intellectual Property ◽  
Broad Spectrum ◽  
Conceptual Analysis ◽  
Intellectual Property Protection ◽  
Basic Question ◽  
Intergovernmental Organizations ◽  
Human Right ◽  
Legal Frameworks

This paper examines some competing legal frameworks that governments, NGOs, and intergovernmental organizations are using to conceptualize the intersection of human rights and intellectual property. Among the two approaches examined, the first approach views the two areas of law as in fundamental conflict, with strong intellectual property protection standards in particular those of the TRIPS Agreement undermining a broad spectrum of human rights. The second approach sees both areas of law as concerned with the same basic question .This paper aims to critically analyze different provisions of the intellectual property and to search for the implications of them for the developing countries in line with the Human right. Finally an attempt is made to explore ways and means in mitigating or addressing the problems arising out of the TRIPS which are peculiar to the developing countries.

scholarly journals Criminal law problems in determining the object of intellectual property crimes

2019 ◽  
pp. 110-118
Author(s):  
M. A. Zheludkov ◽  
V. N. Chernyshov ◽  
M. N. Kochetkova
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Public Relations ◽  
Criminal Law ◽  
Scientific Community ◽  
Rapid Development ◽  
Property Ownership ◽  
Conceptual Apparatus

Currently, due to the rapid development of information technology, there is an urgent need to protect public relations of property from crimes committed in the intellectual rights area. The absence of conceptual apparatus consolidated in laws or supported by the scientific community complicates determination of interrelations between the concepts of “property”, “ownership”, “intellectual property” and “right of ownership,” which subsequently determines the classification of acts as different objects of protection under criminal law. The article examines the complex of topical issues related to the protection against crimes in the field of intellectual property in Russia, the analysis of the ratio of crimes against property and crimes affecting intellectual property, the study of the features of the objects protected under criminal law.

scholarly journals Exploring lecturer engagement with the VLE: findings from a multi-college staff survey

2018 ◽  
Vol 3 (2) ◽  
pp. 11 ◽  
Author(s):  
Tom Farrelly ◽  
Damien Raftery ◽  
Nuala Harding
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Learning Environments ◽  
Virtual Learning ◽  
Virtual Learning Environments ◽  
Property Ownership ◽  
Online Tools ◽  
Educational Spaces ◽  
College Staff ◽  
Barriers To Use

Virtual Learning Environments (VLEs) are important infrastructure and digital educational spaces that are widely used. The lecturers’ voices on VLEs and their use were not adequately captured in the #VLEIreland project. Therefore, following the development and piloting of a questionnaire consisting of a common set of questions, lecturers were surveyed across seven Irish higher education institutes. There were 580 responses from staff who use the VLE, with the analysis based upon the 521 valid responses. The findings will explore the VLE features or tools used by lecturers, their attitude to the VLE, and barriers to the use of the VLE and related issues, including that of intellectual property ownership. Lecturers are broadly positive about VLEs, with 7 in 10 of those who use the VLE strongly agreeing that it is helpful. However the adoption and use of VLEs is not without difficulties. In particular, time pressures emerged as barriers to use, limiting the use of VLEs and engagement with training. Despite this, 91% of respondents answered Yes to the question “Are you interested in making more use of online tools in your teaching?” Drawing on the issues highlighted in the findings, this paper will explore the attitudes of lecturers to the VLE and the enablers of, and inhibitors to, their greater engagement with the VLE. 

scholarly journals Pendampingan HKI Karya Invensi Guru dan Siswa di SMK Lemuria Kudus

2019 ◽  
Vol 3 (1) ◽  
pp. 71-81
Author(s):  
Zainul Arifin ◽  
Miftah Arifin ◽  
Purwo Adi Wibowo
Keyword(s):  
Intellectual Property ◽  
Action Plan ◽  
Program Planning ◽  
Legal Protection ◽  
Director General ◽  
Human Right ◽  
Implementation Phase ◽  
Evaluation Phase ◽  
Teachers And Students ◽  
Preparation Phase

UNISNU Community Service Activities Based on Fostered Schools aims to provide assistance, development of work and determination of work to identify inventions of the work of teachers and students at the Kudus Lemuria Vocational School of Furniture Engineering to submit a Intellectual Property Rights request of their invention. The output of this activity are : 1) increasing the effectiveness and innovation of teachers & students to work inventions; 2) increasing partner understanding of the work of invention 3) increasing the teacher's ability in making inventions. The program was carried out by the UNISNU HKI Center with the methods are socialization and assistance in registering the work of teacher and student inventions. Activity stages are: 1) Preparation Phase; 2) Assessment Phase; 3) Planning or Alternative Program Planning Phase; 4) Action Plan Phase; 5) Program or Activity Implementation Phase; 6) Evaluation Phase. The results of this service are: 1) awareness of the importance of copyright protection in the work produced, 2) identified works owned 3) willingness to submit legal protection to the works produced and Copyright certificates from the Director General of Intellectual Property Ministry of Law and Human Right.

Arguing for Human Rights

2012 ◽  
Author(s):  
Mathias Risse
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Law ◽  
Private Ownership ◽  
Human Right ◽  
General Argument ◽  
Intellectual Property Law ◽  
Hugo Grotius ◽  
The Relationship

This chapter examines whether there is a human right to essential pharmaceuticals. It first considers the notion of an Intellectual Common by engaging with Hugo Grotius, and particularly whether his argument against private ownership of the seas can be applied to ideas. Freedom of the seas is no longer called for on Grotius's own terms. However, his reasoning in support of freedom of the seas bears not only on the atmosphere but also on a different domain, the domain of ideas. How people can exploit ideas economically is regulated by intellectual property law, which includes patents, copyrights, and trademarks. The chapter presents a general argument against the legitimacy of private intellectual property beyond compensation and incentive setting wherever intellectual property is regulated. It concludes by making the case for the relationship between human rights and vital medicines.

Intellectual Property: A Universal Human Right?

1999 ◽  
Vol 21 (1) ◽  
pp. 156-178 ◽  
Author(s):  
Robert L Ostergard
Keyword(s):  
Intellectual Property ◽  
Property A ◽  
Human Right
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