scholarly journals A different kind of war: Internet databases and legal protection or how the strict intellectual property laws of the West threaten the developing countries’ information commons

2004 ◽  
Vol 2 ◽  
Author(s):  
Maria Canellopoulou-Bottis
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Legal Protection ◽  
International Agreements ◽  
The European Union ◽  
The West ◽  
Information Commons ◽  
The Us ◽  
Countries In Transition ◽  
Internet Databases

This paper describes intellectual property legislation in the European Union, the US and the Draft Treaty on the legal protection of unoriginal databases, usually available in the Internet. I argue that this type of legislation, if enforced upon developing countries and countries in transition through international ‘agreements’, could in effect deprive them of their own information commons, their own public domain. With examples from China, India, Africa and Iceland, I argue that this deprivation in the case of developing countries is, morally, equal to a virtual war against them by the West, wholly unjustified and dangerous-an example of virtual imperialism.

Searching for new Sources of growth. Are the Developing Countries Catching up with the Developed ones?

2015 ◽  
pp. 30-53
Author(s):  
V. Popov
Keyword(s):  
Developing Countries ◽  
Western Europe ◽  
Gdp Per Capita ◽  
The West ◽  
Catching Up ◽  
The Us ◽  
The World ◽  
Economic Divergence ◽  
Per Capita ◽  
Relative Standing

This paper examines the trajectory of growth in the Global South. Before the 1500s all countries were roughly at the same level of development, but from the 1500s Western countries started to grow faster than the rest of the world and PPP GDP per capita by 1950 in the US, the richest Western nation, was nearly 5 times higher than the world average and 2 times higher than in Western Europe. Since 1950 this ratio stabilized - not only Western Europe and Japan improved their relative standing in per capita income versus the US, but also East Asia, South Asia and some developing countries in other regions started to bridge the gap with the West. After nearly half of the millennium of growing economic divergence, the world seems to have entered the era of convergence. The factors behind these trends are analyzed; implications for the future and possible scenarios are considered.

GENESIS OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY IN THE EUROPEAN UNION

2020 ◽  
Author(s):  
Амала Алиевна Умарова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Legal Protection ◽  
The European Union

В статье анализируются отдельные нормативные акты, выступающие в качестве основы правовой охраны интеллектуальность собственность в Европейском Союзе. The article analyzes individual normative acts that act as the basis of legal protection of intellectual property in the European Union.

Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond

2019 ◽  
pp. 116-141 ◽  
Author(s):  
Kyle Dylan Dickson-Smith
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
International Investment ◽  
Economic Benefits ◽  
Lessons Learned ◽  
The European Union ◽  
Investment Protection ◽  
The Us ◽  
Investment Agreements

Key lessons can be made from analysing a unique and recent BIT, the Canada–China Foreign Investment Protection Agreement (FIPA), in order better to predict and identify the opportunities and challenges for potential BIT counterparties of China (such as the United States, the European Union (EU), India, the Gulf Cooperation Council, and Columbia). The Canada–China FIPA and the anticipated US–China BIT (and EU–China BIT) collectively fall into a unique class of investment agreements, in that they represent a convergence of diverse ideologies of international investment norms/protections with two distinct (East/West) underlying domestic legal and economic systems. The purpose of this chapter is to appreciate and utilize the legal content of the Canada–China FIPA in order to isolate the opportunities and challenges for investment agreements currently under negotiation (focusing on the US–China BIT). This analysis is conducted from the perspective of China’s traditional BIT practice and political–economic goals, relative to that of its counterparty. This chapter briefly addresses the economic and broader diplomatic relationship between China and Canada, comparing that with the United States. It then analyses a broad selection of key substantive and procedural obligations of the Canada–China FIPA, addressing their impact, individually and cumulatively, to extract what lessons can be learned for the United States (US) and other negotiating parties. This analysis identifies the degree of investment liberalization and legal protection that Canada and China have achieved, and whether these standards are reciprocally applied. The analysis is not divorced from the relevant political economy and negotiating position between China and the counterparty and the perceived economic benefits of each party, as well as any diplomatic sensitive obstacles between the parties. While this chapter does not exhaustively analyse each substantive and procedural right, it provides enough of a comprehensive basis to reveal those challenges that remain for future bilateral negotiations with China.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals Opportunities for Biotechnology Transfer to Developing Countries

1993 ◽  
Vol 3 (3) ◽  
pp. 268-279
Author(s):  
Don J. Durzan ◽  
M.D. Durzan
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Biological Diversity ◽  
Recombinant Dna ◽  
Developing Economies ◽  
Germplasm Conservation ◽  
International Agreements ◽  
Genetically Engineered ◽  
Adaptive Plasticity ◽  
Local Risk

Prospects for the establishment of joint-ventured agribusiness in developing countries are a function of international agreements, local risk conditions, business networks, and banking systems that are willing to support the innovative transfer, protection, assessment, and commercialization of biotechnology. The integration of biotechnology will occur only if truly convincing practices emerge that enhance biodiversity and the competitiveness of sustainable production, utilization, and marketing cycles. Integration also depends on agreements on intellectual property rights, plant protection, trade and tariffs, price stabilization, and non-trade-distorting policies. These policies deal with broad issues in research, pest and disease control, environmental quality, germplasm conservation, resource retirement programs, and even with crop and disaster insurance. Measures derived from these policies will apply to novel processes and to organisms that have been genetically engineered and approved for release into the environment. For developing countries, much more attention will have to be paid to biological diversity and sustainable balances among intercropped agriforest and horticultural production systems. Balances should be compatible with regional and local customs and practices before genetically engineered “green goods and services” are introduced in the marketplace. Recombinant DNA technologies are currently better-suited to deal on a “gene-by-gene” basis, with commodity surpluses and material conversions involving more concentrated and industrialized processes than with field plantations of genetically engineered, complex, and long-lived crops that may require considerable adaptive plasticity. In most countries with developing economies, the integration of recombinant DNA technology represents a “special problematique” involving politico- and socioeconomic and environmental factors. Barriers to transfer and integration may involve evolving international agreements, public acceptance, resource over-exploitation, environmental degradation, rapid insect and disease resistance, contaminated water and food supplies, reduced quality of life, labor quality, corruption, crime, farmers' rights, germplasm conservation, and lack of protection of intellectual property, among other factors. Hence, the timing and mode of transferring biotechnology needs considerable impact assessment on a case-by-case basis.

Design Protection

2017 ◽  
Author(s):  
Barton Beebe
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
The United States ◽  
Patent Law ◽  
The European Union ◽  
Design Law ◽  
Definition Of ◽  
International Instruments ◽  
Design Protection ◽  
Ip Law

This chapter surveys the legal protection of industrial designs, understood as the protection of the appearance of articles of manufacture. It discusses the definition of “design” according to both the European Union (EU) and the United States (US). It examines the international instruments that form the foundation of industrial design law, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, and the Berne Convention, among others. It then focuses on the various areas of intellectual property (IP) law that make up design law, including sui generis design protection law, patent law, copyright law, and trademark law among others, with particular attention on these aspects of design law as they feature in the US and the EU.

scholarly journals International Intellectual Property Agreements as Agents of Sustainable Development of Developing Countries

2017 ◽  
Vol 9 (1) ◽  
pp. 1-19
Author(s):  
Bethel Uzoma Ihugba ◽  
Ikenna Stanley Onyesi
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Intellectual Property ◽  
Developing World ◽  
Developed Countries ◽  
International Agreements ◽  
Status Quo ◽  
Least Developed Countries ◽  
The Sustainable Development ◽  
The Status

The paper examines the implication of International Intellectual Property (ip) laws and agreements on the sustainable development of Least Developed Countries (ldcs) and Developed Countries (dcs) and suggests approaches for improving the development and wellbeing of people in the developing world through national ip laws. The paper argues that generally international ip agreements may appear biased against developing countries and most dcs are reluctant to challenge the status quo and/or use the flexibilities of the international ip agreement to promote the wellbeing of their citizens. However, the article finds that ldcs and dcs could change this trend through the creative use of national ip laws and international agreements to promote the sustainable development of ldcs and dcs. The major instrument suggested for this shift in approach is the establishment of national ip administration institutions and the positive use of compulsory licences.

LEGAL PROTECTION OF INDUSTRIAL DESIGN IN AZERBAIJAN AND EUROPEAN UNION

2021 ◽  
Vol 65 (04) ◽  
pp. 174-177
Author(s):  
Gunay Mustafa Mammadova Gunay Mustafa Mammadova ◽  
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Key Words ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation ◽  
The European Union ◽  
Wide Range ◽  
Design Protection ◽  
Product Industry

Industrial design plays an important role in the field of intellectual property. There is no doubt that design is crucial to the success of a product. For this reason, companies use intellectual property laws to protect industrial design. This article covers one of the most important areas of intellectual property, legal protection of industrial designs, legal regulation of industrial design in Azerbaijan and the European Union. There should be accessible, modern and effective legal protections for design rights to encourage manufacturers to invest in designs. There is currently a wide range of legal tools available to protect designs at the national and European Union levels. Key words: industrial design, intellectual propert law, design protection, product, industry

Trans-Atlantic Relations in Germany's Foreign Policy

2015 ◽  
Vol 59 (11) ◽  
pp. 38-46
Author(s):  
A. Kokeev
Keyword(s):  
United States ◽  
European Union ◽  
Foreign Policy ◽  
The United States ◽  
The European Union ◽  
The West ◽  
German Government ◽  
The Us ◽  
The Eu

Relations between Germany, the US and NATO today are the core of transatlantic links. After the Cold War and the reunification of Germany, NATO has lost its former importance to Germany which was not a "frontline state" anymore. The EU acquired a greater importance for German politicians applying both for certain political independence and for establishing of a broad partnership with Russia and China. The task of the European Union Common Foreign and Security Policy (CFSP) development has been regarded by Berlin as a necessary component of the NATO's transformation into a “balanced Euro-American alliance”, and the realization of this project as the most important prerequisite for a more independent foreign policy. Germany’s refusal to support the US invasion of Iraq in 2003 led to the first serious crisis in US Germany relations. At the same time, there was no radical break of the deeply rooted Atlanticism tradition in German policy. It was Angela Merkel as a new head of the German government (2005) who managed to smooth largely disagreements in relations with the United States. Atlanticism remains one of the fundamental foreign policy elements for any German government, mostly because Berlin’s hope for deepening of the European integration and transition to the EU CFSP seems unrealistic in the foreseeable future. However, there is still a fundamental basis of disagreements emerged in the transatlantic relationship (reduction of a military threat weakening Berlin’s dependence from Washington, and the growing influence of Germany in the European Union). According to the federal government's opinion, Germany's contribution to the NATO military component should not be in increasing, but in optimizing of military expenses. However, taking into account the incipient signs of the crisis overcoming in the EU, and still a tough situation around Ukraine, it seems that in the medium-term perspective one should expect further enhancing of Germany’s participation in NATO military activities and, therefore, a growth in its military expenses. In Berlin, there is a wide support for the idea of the European army. However, most experts agree that it can be implemented only when the EU develops the Common Foreign and Defense Policy to a certain extent. The US Germany espionage scandals following one after another since 2013 have seriously undermined the traditional German trust to the United States as a reliable partner. However, under the impact of the Ukrainian conflict, the value of military-political dimension of Germany’s transatlantic relations and its dependence on the US and NATO security guarantees increased. At the same time, Washington expects from Berlin as a recognized European leader a more active policy toward Russia and in respect of some other international issues. In the current international political situation, the desire to expand political influence in the world and achieve a greater autonomy claimed by German leaders seems to Berlin only possible in the context of transatlantic relations strengthening and solidarity within the NATO the only military-political organization of the West which is able to ensure the collective defense for its members against the external threats. However, it is important to take into consideration that not only the value of the United States and NATO for Germany, but also the role of Germany in the North Atlantic Alliance as a “representative of European interests” has increased. The role of Germany as a mediator in establishing the West–Russia relations remains equally important.

Sign in / Sign up

Export Citation Format

Share Document