scholarly journals CONHECIMENTOS TRADICIONAIS E O DIREITO EMPRESARIAL ÀS PATENTES

Percurso ◽  
2019 ◽  
Vol 4 (31) ◽  
pp. 93
Author(s):  
Ana Carolina Lucena BRITO ◽  
André Luís Fregapani LEITE ◽  
Valmir César POZZETTI
Keyword(s):  
Sustainable Development ◽  
Intellectual Property ◽  
Industrial Property ◽  
Contractual Relationship ◽  
Federal Constitution ◽  
The People ◽  
The World ◽  
Biotechnology Companies ◽  
World Organization ◽  
The Right

RESUMOO objetivo desta pesquisa foi o analisar a relação contratual que se forma entre as empresas de biotecnologia e os povos tradicionais, quando as primeiras utilizam-se dos conhecimentos dos segundos para reduzir custo e tempo gasto com pesquisas, obtendo lucro, sendo a devida remuneração aos povos tradicionais em virtude dos conhecimentos por eles oferecidos. Ressaltou-se a relevância jurídica da proteção do direito da propriedade intelectual e industrial, perpassando por uma análise da evolução histórica dos instrumentos jurídicos no cenário mundial, podendo-se citar a Convenção da União de Paris, em 1883, seguida da criação da Organização Mundial do Comércio através do Acordo de Marrakesh, em 1994, que teve como seu mais importante instrumento o TRIPS. O TRIPS é um marco pelo qual muitos países regularam suas normas internas acerca da propriedade intelectual, incluindo o Brasil que é consignatário no Acordo. Já no Brasil, este âmbito sofreu modificações após a Constituição Federal, de 1988, garantindo como direito fundamental a propriedade intelectual, até se obter a legislação vigente no país acerca do tema, a Lei nº 9.279/96. A lei por fim regulamentou o registro de patentes e as obrigações inerentes, dentre outras disposições. Sobre tais, destacam-se as patentes verdes que visam tutelar conhecimentos de inovação biotecnológica, a fim de propagar o desenvolvimento sustentável na produção industrial. Todavia, verificou-se que no ramo houve graves violações aos direitos dos povos indígenas e tradicionais, no momento que as empresas utilizavam seus conhecimentos milenares e os patenteavam como se donos fossem. Desse modo, após intensos debates e novas concepções, entendeu-se que tais saberes não podem ser objetos de patentes. Ao fim, concluiu-se que o programa “Patente Verde” pode concorrer para grandes avanços tecnológicos e econômicos no Brasil; mas deve sempre respeitar às diretrizes do desenvolvimento sustentável, no qual se encontram direitos sociais e ambientais, garantindo a razoabilidade dos direitos e assegurando a inviolabilidade dos mesmos.PALAVRAS-CHAVES: Patentes; conhecimentos tradicionais; desenvolvimento sustentável. ABSTRACTThe objective of this research is to analyze the contractual relationship that is formed between biotechnology companies and traditional peoples, when the former use the knowledge of the second to reduce cost and time spent with research, obtaining profit, due to the remuneration to the people their knowledge. The legal relevance of the protection of the right to intellectual and industrial property was emphasized, as well as an analysis of the historical evolution of the legal instruments on the world scene, including the Paris Convention of 1883, followed by the creation of the World Organization through the Marrakesh Agreement in 1994, which had as its most important instrument TRIPS. TRIPS is a milestone for many countries to regulate their internal rules on intellectual property, including Brazil that is a signatory to the Agreement. In Brazil, this scope was modified after the Federal Constitution of 1988, to guarantee as fundamental right the intellectual property, until obtaining the legislation in force in the country on the subject, Law 9.279 / 96. The law finally regulated the registration of patents and the inherent obligations, among other provisions. These include green patents aimed at protecting knowledge of biotechnological innovation in order to promote sustainable development in industrial production. However, it was found that there were serious violations of the rights of indigenous and traditional peoples, as companies used their millennial knowledge and patented them as owners. Thus, after intense debates and new conceptions, it was understood that such knowledge can not be objects of patents. Finally, it was concluded that the green patent program can contribute to major technological and economic advances in Brazil, but should always respect the guidelines of sustainable development, which include social and environmental rights, guaranteeing the reasonableness of rights and ensuring the their inviolability.KEYWORDS: Patents; traditional knowledge; sustainable development. 

scholarly journals Boomerang hiring: Strategy for sustainable development in COVID-19 era

2021 ◽  
pp. 1-6
Author(s):  
Penumadu V. Raveendra ◽  
Yellappa M. Satish
Keyword(s):  
Sustainable Development ◽  
Organization Culture ◽  
Human Beings ◽  
Hiring Process ◽  
Positive Growth ◽  
The World ◽  
Key Drivers ◽  
Hr Managers ◽  
The Right

BACKGROUND: Many companies are forced to restructure themselves by right sizing due to unexpected fall in demand for their products and services created by the COVID-19 pandemic. COVID 19 not only affected the health of human beings but also their wealth across the world. Global economic parameters are showing a sign of positive growth with decreased number of COVID 19 cases across the world. Many companies are in a dilemma to rehire their former employees or to hire the new candidates to meet the increased demand. OBJECTIVES: The objectives of study are i) to analyze the key drivers for boomerang hiring and ii) to develop a conceptual process for boomerang hiring. METHODS: An exploratory methodology was designed to identify the key drivers of boomerang hiring by studying the various successful stories of those companies which had rehired their former employees. Various papers were reviewed to develop the process for boomerang hiring. RESULTS: Study showed that knowledge about the culture of the company, cost of hiring, morale booster for the existing employees, and customer retention, are the key drivers for boomerang hiring. This hiring process requires special skills from HR Managers, as this decision will impact long term success of the company. CONCLUSION: The process of boomerang hiring cannot be standardized as each organization culture is different and companies cannot have the same strategy for each candidate as every individual is different. Boomerang hiring will work as the right strategy during pandemic situation as former employees would have built relations with the customers. The customers will be happy to see the former employees who had served them better.

The German Elections of 1928

1928 ◽  
Vol 22 (3) ◽  
pp. 698-705
Author(s):  
James K. Pollock
Keyword(s):  
Political Parties ◽  
The Political ◽  
City Councils ◽  
The People ◽  
The World ◽  
Modern Methods ◽  
Political Consolidation ◽  
National Socialists ◽  
The Right ◽  
Intensive Work

The elections which were held throughout Germany on May 20, 1928, are of considerable interest and importance not only to Germany but also to the rest of the world. These elections, to be sure, did not have the dramatic interest which attended the Reichstag elections of December, 1924. But they deserve attention for a number of reasons: first, because they are the first elections to be held in the Reich under what may be called normal conditions; second, because elections for five Landtags and several city councils were held at the same time; and third, because the elections gave a further test, and supplied additional evidence of the operation, of the German system of proportional representation.Despite the intensive work of the political parties, the people were not aroused to much enthusiasm during the campaign. The old Reichstag was dissolved before Easter, but not until the last week of the campaign could one detect any excitement. Never before had the electors been bombarded with so much printed matter, posters, and, last but not least, loud-speakers and films. All the modern methods of appealing to the voters were tried by the numerous political parties. There were lacking, however, the overpowering issues and the battlecries which were so effective in 1924. Parades, demonstrations, meetings, and all the rest were carried through successfully on the whole, but they were quite dull and uninteresting. Only the two extreme parties, the National Socialists or Hitlerites on the right, and the Communists on the left, could appear enthusiastic. Nevertheless, the lack of what the Germans call a “grosse Parole” and the lack of excitement are not to be deplored; their absence probably indicates progress toward social and political consolidation.

scholarly journals RIGHT TO FOOD FOR ALL IN INDIA: MYTH OR REALITY

2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani
Keyword(s):  
Carbon Dioxide Emission ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
Complex Issue ◽  
The People ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.

Hegel's Critique of the Triumph of Verstand in Modernity

1997 ◽  
Vol 18 (01) ◽  
pp. 54-70 ◽  
Author(s):  
Stephen Houlgate
Keyword(s):  
French Revolution ◽  
Philosophy Of History ◽  
Self Determination ◽  
Crucial Importance ◽  
The People ◽  
Universal Suffrage ◽  
The World ◽  
The Many ◽  
The Right ◽  
The Revolution

In his lectures on the philosophy of history Hegel passes this famous judgement on the French Revolution. “Anaxagoras had been the first to say that nous governs the world; but only now did humanity come to recognize that thought should rule spiritual actuality. This was thus a magnificent dawn”. What first gave rise to discontent in France, in Hegel's view, were the heavy burdens that pressed upon the people and the government's inability to procure for the Court the means of supporting its luxury and extravagance. But soon the new spirit of freedom and enlightenment began to stir in men's minds and carry them forward to revolution. “One should not, therefore, declare oneself against the assertion”, Hegel concludes, “that the Revolution received its first impulse from Philosophy” (VPW, p 924). However, Hegel points out that the legacy of the revolution is actually an ambiguous one. For, although the principles which guided the revolution were those of reason and were indeed magnificent – namely, that humanity is born to freedom and self-determination – they were held fast in their abstraction and turned “polemically”, and at times terribly, against the existing order (VPW, p 925). What ultimately triumphed in the revolution was thus not concrete reason itself, but abstract reason or understanding (VPW, p 923). In Hegel's view, the enduring legacy of such revolutionary understanding was, not so much the Terror, but the principle that “the subjective wills of the many should hold sway” (VPW, p 932). This principle, which Hegel calls the principle of “liberalism” and which we would call the principle of majority rule, has since spread from France to become one of the governing principles of modern stat. It has been used to justify granting universal suffrage, to justify depriving corporations and the nobility of the right to sit in the legislature, and in some cases to justify abolishing the monarchy. What is of crucial importance for Hegel, however, is that such measures have not rendered the state more modern and rational, but have in fact distorted the modern state.

Proposal for an innovating business model for supporting biotechnology companies, ecosystem and their founders

2019 ◽  
Vol 24 (3) ◽  
Author(s):  
Fabrice Heitzmann
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Business Model ◽  
Market Performance ◽  
Market Growth ◽  
Current Economic Climate ◽  
Economic Climate ◽  
Biotechnology Companies ◽  
The Right

The pharmaceutical industry has been revolutionized by the new biotechnology companies during the last years. Facing patent expirations, lack of innovation and depleting product pipelines, the important structures turned to the funding of small biotechnology companies aimed at research and intellectual property securization. Alliances are primordial in the current economic climate. The market growth was questioned for years, but biotechnology companies shifted to product-driven strategies and the market performance has been verified during the last decade. Researchers still face challenges in transforming their science into businesses. They need to be fully equipped, and accompanied towards the right objectives to ensure the sustainability of the market as a whole.

Walk in the history of the city and its environs

10.12737/6572 ◽  
2014 ◽  
Vol 8 (4) ◽  
pp. 20-33
Author(s):  
Наталья Гаршина ◽  
Natalya Garshina
Keyword(s):  
Excursion Theory ◽  
Transmission Of Knowledge ◽  
City Environment ◽  
The Past ◽  
Walking Tour ◽  
The People ◽  
The World ◽  
History Of ◽  
The Right ◽  
The City

Having a look at the tourist space as a cultural specialist, the author drew attention to the fact that the closest to the modern man is a city environment he contacts and sometimes encounters in everyday life and on holidays. And every time whether he wants it or not, it opens in a dif erent way. One way of getting to know the world has long been a walking tour. It’s not just a walk hand in hand with a pleasant man or hasty movement to the right place, but namely the tour, in which a knowledgeable person with a soulful voice will speak about the past and present of the city and its surroundings, as if it is about your life and the people close to you. Turning to the beginning of the twentieth century, the experience of scientists-excursion specialists we today can learn a lot to improve the process of building up a tour, and most importantly the transmission of knowledge about the world in which we live. Well-known names of the excursion theory founders to professionals are I. Grevs, N. Antsiferov, N. Geynike and others. They are given in the context of ref ection on the historical development of walking tours, which haven’t lost their value and attract both creators and consumers of tour services.

The universal language of all cultures

1997 ◽  
Vol os-29 (1) ◽  
pp. 52-58
Author(s):  
Isabel Aretz De Ramon Y Rivera
Keyword(s):  
Early Stage ◽  
School Level ◽  
Music Schools ◽  
Musical Education ◽  
Universal Language ◽  
European Tradition ◽  
The People ◽  
The World ◽  
The Right ◽  
Different Cultures

Music is a language that is expressed through the audible sounds for which no one requires a translation, therefore music can be utilized, when shared between cultures in the right fashion, as a tool to increase brotherhood among people in the world. Sharing music by means of a concert or audio-visual tools falls short when it comes to penetrating the human sentiment. Our concert audiences always tend to prefer the music that they were brought up with; our music schools only answer to the European tradition. One can conclude that an appreciation of different musical cultures in the world depends on the degree of musical education at an early stage. Therefore one must consider an early musical education starting at the elementary school level. We believe that every child should be educated within its own culture first, in order to proceed to develop an appreciation of the culture of fellow nations within the same continent. Once a cultural foundation has been established – including the musical aspects – the child must be familiarized with and learn to appreciate the music and people of different continents in order to slowly become a world citizen. It is not the intention of this ambitious plan to unite the music of different cultures, but rather to maintain the musical diversity of the different continents, each with its own rich instrumental and vocal heritage, that accompanies people from birth until death. This diversity deserves to be perpetuated, as is done with musical masterpieces which can be attributed to their composers. Thus it can be achieved that the people of different nations may contact and communicate by means of a not yet exploited sonorous language which is familiar to everybody.

scholarly journals APPLICATION OF THE FORWARD CHAINING METHOD IN DOWN SYNDROME PATIENTS

2019 ◽  
Vol 12 (2) ◽  
pp. 75
Author(s):  
Kurniati .
Keyword(s):  
Down Syndrome ◽  
Early Detection ◽  
Early Age ◽  
Normal Children ◽  
Live Births ◽  
Forward Chaining ◽  
The People ◽  
Decent Life ◽  
The World ◽  
The Right

According to WHO data, the incidence of Down syndrome is 1 in 1,000 live births in the world. Down syndrome is a backward condition in the physical and mental development of children that results from abnormal chromosome development. However, these conditions are often too late to be realized by the parents of the sufferer. By conducting this study using the forward chaining method aims to help parents to do early detection of the level of retardation of Down syndrome. So, with the existence of this application, it is very petrifying for parents to carry out treatment from an early age in the right way. Thus, sufferers of dwon syndrome get maximum support and attention from the people closest and nearby so that children with dwon syndrome can grow happily and have a decent life like other normal children even though this dwon syndrome cannot be cured. 

scholarly journals Modern trends and problems of the global intellectual property market development

2021 ◽  
Vol 14 (4) ◽  
pp. 396-409
Author(s):  
T. G. Filosofova
Keyword(s):  
United States ◽  
Intellectual Property ◽  
World Economy ◽  
The United States ◽  
Assistive Technologies ◽  
Creative Industries ◽  
Property Market ◽  
The World ◽  
Effective Development ◽  
The Right

It is shown that active processes of digitalization and development of creative industries form new trends of the world economy development. Possession of the right to use IP, in particular the results of the latest scientific research and technological developments (especially in the field of artificial intelligence, the Internet of things, blockchain, processing large databases, quantum computing systems, cloud technologies, etc.) significantly expands the capabilities of the owner of IP rights in world economy, its participation in global value chains. Intellectual property is becoming not only the main instrument of socio-economic development, but also the center of global technological confrontation and a fierce struggle for the right to own it, a significant factor of success in geoeconomic competition. The main long-term trend in the development of world IP markets is the dynamic growth of the volume of commercial transactions with goods and services containing IP objects with a significant expansion of the range of the latter. The IP market is growing at a rate exceeding the rate of growth of “material” markets. The countryleader in the number of valid patents for a long period is the United States. The main competitor for the United States is China. Among the main technological trends, the development of the IP market in terms of assistive technologies should be highlighted, which allow producing products according to digital description anywhere in the world. A large share of the IP markets is occupied by trade in licenses. It is shown that for the further successful and effective development of IP markets, it is necessary to take into account the prospects for the functioning of IP markets and the movement of goods containing IP objects in a new technological order.

Sign in / Sign up

Export Citation Format

Share Document