scholarly journals O ACESSO A MEDICAMENTOS E O SISTEMA INTERNACIONAL DE PROTEÇÃO À PROPRIEDADE INTELECTUAL SOB A LÓGICA DO CONTRAPODER NA SOCIEDADE EM REDE

2021 ◽  
Vol 26 (1) ◽  
pp. 6-29
Author(s):  
João Pedro Seefeldt Pessoa ◽  
Rafael Santos de Oliveira

A lógica das redes permeia o estudo da sociedade e do poder, devido à interação entre atores sociais e a formação de redes de (contra)poder. O direito da propriedade intelectual não fica alheio, porquanto o acesso a medicamentos em determinados casos depende de mecanismos de afronta ao sistema de proteção dominante. Assim, a pesquisa tem por objetivo estudar o acesso a medicamentos no sistema internacional de proteção à propriedade intelectual sob a lógica do contrapoder exercido na sociedade em rede. Para tanto, utiliza-se o método de abordagem dedutivo, de forma que se aplica, como método de procedimento, o monográfico, bem como a técnica de pesquisa bibliográfica. Ao fim, concluiu-se que a afronta ao sistema de proteção à propriedade intelectual e a flexibilização do Acordo TRIPS é uma garantia de países menos desenvolvidos para acesso a medicamentos, alterando-se a programação e impedindo o sucesso de redes dominantes de poder. The logic of networks permeates the study of society and power, due to the interaction between social actors and the formation of networks of (counter)power. The intellectual property right is not alien, since access to medicines in certain cases depends on mechanisms of affront to the dominant protection system. Thus, the research aims to study the access to medicines in the international system of protection of intellectual property under the logic of counterpower exercised in the network society. To do so, the deductive approach and the monographic procedure are used, as well as bibliographic research technique is applied. Finally, it was concluded that the affront to the system of intellectual property protection and the flexibilization of the TRIPS Agreement is a guarantee of less developed countries for access to medicines, changing programming and preventing the success of dominant networks of power.

2021 ◽  
Vol 12 (1) ◽  
pp. 190-203
Author(s):  
Inesa Anatoliivna Shumilo ◽  
Zoria Zhuravlova ◽  
Serafyma Henadiivna Hasparian ◽  
Vasyl Valeriiovych Franchuk

Considering and researching the content and essence of the main issues of this article through the prism of the current state of affairs in the domestic and global legal field, it is stated that such a legal phenomenon as intellectual property law is constantly increasing the importance and presence in jurisprudence and everyday life. Examples of the most successful experience of developed and democratic foreign countries in the field of legal support of intellectual property rights are considered. The potential of future introduction of one or another successful foreign example or the approach on which it is based into the Ukrainian social and legal realities is analyzed. The author's definitions of the concepts "intellectual property", "intellectual property right" and "enforcement of intellectual property rights" are offered. Emphasis is placed on the fact that in order to properly ensure intellectual property rights in Ukraine, it is first necessary to create and implement clear and effective legal regulation in this area. It is emphasized that not all methods and means of ensuring intellectual property rights, which have demonstrated success in certain countries, will be suitable for use in Ukraine. Therefore, the main focus of this article was not only to highlight successful examples of the functioning of intellectual property rights in developed countries, but also to select those that could be successfully adopted in the domestic legal field.


2003 ◽  
Vol 16 (2) ◽  
pp. 52-63
Author(s):  
Maria del Carmen Fernandez Diez ◽  
Maria de los Reyes Corripio Gil-Delgado

In this paper, we discuss the implications of the recent Intellectual Property Right (IPR) enforcement in the European Union (EU) as a potential factor affecting agrifood biotechnology industry stagnation. After presenting a theoretical framework justifying patents, we describe some controversial questions in the European patent protection related to: a) the distinction between discovery and invention and; b) the morality and ordre public exception to the patentability. Although we provide some evidence about the reduction in importance of agrifood activities compared to that of pharmaceutical areas of application, we conclude that differences between EU and other developed countries IPR legislations are not the principal regulatory controversial factor affecting activities in the agrifood biotechnology sector.


2018 ◽  
Vol 58 (7) ◽  
pp. 1301-1329
Author(s):  
Ali Raza ◽  
Moreno Muffatto ◽  
Saadat Saeed

Purpose The purpose of this paper is to clarify the relationship between entrepreneurial cognition and innovative entrepreneurial activity (IEA) across countries using an institutional perspective. Design/methodology/approach The paper tests theoretical model using data collected by the Global Entrepreneurship Monitor, the Global Leadership and Organizational Behavior Effectiveness study and the Index of Economic Freedom (IEF). A multi-level analysis is performed based on set of 1,004,620 observations from 49 countries spanning 13 years (2001–2013). Findings The results suggest that in terms of formal regulations; the relationship between entrepreneurial cognitions and IEA becomes stronger when there is an increase in intellectual property right and business freedom regulations in a country. On the other hand, in terms of informal institutions the relationship between entrepreneurial cognitions and IEA becomes stronger when the level of institutional collectivism and uncertainty decreases and performance orientation increases. Originality/value The study indicates that entrepreneurship by innovation increases when the individuals possess high level of entrepreneurial cognition under suitable institutional conditions (e.g. intellectual property right, business freedom, institutional collectivism, uncertainty avoidance and performance orientation).


2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Sarwono

<p align="center"><strong><em>Abstract</em></strong></p><p><em>            In order to provide the protection to the “traditional batik art knowledge” in Tirtomoyo, Wonogiri, the local government policy rests on the </em><em>potensial of art, commerce, services, education, tourism and sports</em><em>.Here, it can be drawn the real purpose, that is to develop, to conserve, and to protect the traditional knowledge as the heritage and cultural expression, especially the traditional knowledge. I</em><em>n th</em><em>is</em><em> case</em><em>, the Intellectual Property Right protection and its all varieties should be applied on the traditional intellectual art. However, it has not yet manifested the regional regulation on the Intellectual Property Right, especially the protection to the traditional knowledge.         There has not been confirmation about what institutions will be responsible or what kind of agencies will be involved in providing the protection to the traditional knowledge, like the batik art, dance art, and others, so that they don’t seem loose accountability in handling it. The policy on the Intellectual Property Right, especially the one related to the traditional knowledge, is still partial or supplement. The Industry and Trade Department of Wonogiri regency, which handles the micro and medium industry field and is not related directly to the batik handicraft industry, has planned to make a program of batik handicraft industry as the regional superior. </em></p><strong><em>Key words: Intellectual Property Right, Traditional knowledge, Batik Art.</em></strong>


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Thuy Thi Nguyen ◽  
Tien Hanh Duong ◽  
My Tran Thanh Dinh ◽  
Tram Ho Ha Pham ◽  
Thu Mai Anh Truong

PurposeThis study aims to empirically investigate how difference in social trust explains the heterogeneity of intellectual property right (IPR) protection (proxied by software piracy rate) across countries. Specifically, the authors also examine whether this effect is complementary or substitute to legal and economic factors.Design/methodology/approachThe authors use both ordinary least square and two-stage least square regressions to investigate this effect.FindingsThe authors find that there is also a complementary effect between trust and rule of law in reducing the violation of IPRs.Originality/valueAlthough the literature by now has documented the solid relationship between trust and the quality of formal institutions, only few studies have explored more specific measures of institutional consequences. Thus, this study is the first study investigating the role of trust, a valuable social capital dimension, on IPR protection.


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