scholarly journals Protection of Traditional Knowledge: Trade Barriers and the Public Domain

2017 ◽  
Author(s):  
David R. Hansen
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
The United States ◽  
Public Domain ◽  
Trade Barriers ◽  
Motivating Factors ◽  
International Protection ◽  
The Public ◽  
Indigenous Groups ◽  
The Right

In recent years, developing nations have pushed for international copyright and other intellectual property regimes to expand protection over the cultural heritage and collective knowledge of particular indigenous groups. These “traditional knowledge” protections have been justified by factors like economic protection, equity in intellectual property ownership, cultural protection, and economic development. These motivating factors are a far cry from the underpinnings of traditional Western intellectual property law - and in particular, U.S. copyright law - which focuses on incentivizing the creation of new content for the promotion of “the Progress of Science and useful Arts.” Because of these differing justifications, traditional knowledge protections at the international level have generated some degree of friction between the developed and the developing world. So far, much of the debate focuses on the “political” and “real” costs and benefits of traditional knowledge rights, but there is little discussion of the legal consequences of current protections. Given the underlying ideological conflict, some legal dissension is likely to occur regarding enforcement and protection of traditional knowledge rights. This paper examines “positive” traditional knowledge protections, which provide copyright-like rights over content, including the right exclude, license, and profit from these works. In many cases these protections regulate works that Western eyes would view as in the public domain. Initiatives to provide international protection for traditional knowledge expressions have blithely proceeded without much regard for the potential consequences under existing international law. This paper makes the point that at least some existing traditional knowledge protections not only conflict with IP-policy norms of the United States and the European Community, but also that these protections violate the very terms of TRIPS and GATT. As work toward international protection of traditional knowledge progresses, policy makers should be aware of these legal incompatibilities and how they evidence the deep conflict between expansive traditional knowledge protections and Western IP policy.Cite as David R. Hansen, Protection of Traditional Knowledge: Trade Barriers and the Public Domain, 58 J. Copyright Soc’y U.S.A. 757 (2011)

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

Cancellation and Loss of Trade Mark Rights

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Public Domain ◽  
Point Of View ◽  
The Public ◽  
Finite Duration ◽  
Goods And Services ◽  
The Right

Different from other intellectual property rights, rights vested in a trade mark do not have a finite duration; they can last ‘forever’. Under systemic aspects this is due to the fact that as long as the message conveyed by the sign is correct it would be contrary to the interest of consumers to let it lapse and fall back into the public domain. Also, from a competition point of view there is no need to terminate protection as long as the right holder keeps using the sign and the designated goods and services themselves are not subject to market exclusivity.

scholarly journals Analysis of the performance of the brazilian intellectual property system: challenges and perspectives

2018 ◽  
Vol 18 (2) ◽  
pp. 172-199 ◽  
Author(s):  
Cleiton Rodrigues de Vasconcelos ◽  
Daniel Pereira da Silva
Keyword(s):  
Intellectual Property ◽  
Computer Program ◽  
Management System ◽  
Development Process ◽  
Industrial Design ◽  
Methodological Approach ◽  
Geographical Indication ◽  
The Public ◽  
Property System ◽  
The Right

The protection of intellectual property (IP) is a crucial area to support the development process of any country, as it is in this context that the biggest strategic disputes are taking place. In recent years Brazil has developed some actions to achieve greater efficiency in the public IP management system, but are we on the right track? The present study seeks to present answers regarding the performance of Brazil and to highlight the advances and challenges regarding the IP system. The methodological approach was structured based on a review in the literature, highlighting the scientific, economic and technological indicators on the development of IP and the main IP objects registered with the Brazilian national intellectual property body (INPI) in the period of 2013 to 2016, in the areas of patents, trademarks, industrial design, computer program, circuit topography, technology contracts and geographical indication.

International Protection of Intellectual Property Rights: Special Refrence with Intangible Properties and Copyright Laws.

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Rohit P Singh ◽  
Shiv Kumar Tripathi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
Copyright Law ◽  
Patent Law ◽  
International Protection ◽  
The Public ◽  
Copyright Laws ◽  
Rapid Pace

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.

Privatization—Chipping Away at Government

2020 ◽  
pp. 106-128
Author(s):  
Donald Cohen
Keyword(s):  
Common Good ◽  
Public Services ◽  
The United States ◽  
Right Wing ◽  
Public And Private ◽  
The Public ◽  
Goods And Services ◽  
Policy Debates ◽  
History Of ◽  
The Right

This chapter focuses on the right wing's astonishingly successful efforts to privatize public goods and services. Privatization has been one of the highest priorities of the right wing for many years, and the chapter shows how it threatens both labor and democracy. Intentionally blurring the lines between public and private institutions, private companies and market forces undermine the common good. This chapter documents the history of privatization in the United States, from President Reagan's early efforts to Clinton and Gore's belief in private markets. Showing how privatization undermines democratic government, the chapter describes complex contracts that are difficult to understand, poorly negotiated “public–private partnership” deals, and contracts that provide incentives to deny public services. With huge amounts of money at stake, privateers are increasingly weighing in on policy debates—not based on the public interest but rather in pursuit of avenues that increase their revenues, profits, and market share. Privatization not only destroys union jobs but also aims to cripple union political involvement so that the corporate agenda can spread unfettered. Nevertheless, community-based battles against privatization have succeeded in many localities, demonstrating the power of fighting back to defend public services, public jobs, and democratic processes.

Relaxing Regulatory Controls: Vendor Advocacy and Rights in Mobile Food Vending

2017 ◽  
Author(s):  
Ginette Wessel
Keyword(s):  
Public Health ◽  
Urban Areas ◽  
Health And Safety ◽  
The United States ◽  
Motivating Factors ◽  
Political Factors ◽  
The Public ◽  
Regulatory Decision ◽  
Regulatory Frameworks ◽  
Regulatory Controls

Beginning in 2008, city policymakers across the nation became increasingly involved in regulatory debates and policy revisions surrounding mobile food vending. Despite vendors’ abilities to reactivate neglected urban areas and increase food access for underserved neighborhoods, many issues related to unfair competition, public health and safety, and prejudices continue to dominate regulatory frameworks that limit vendors’ entrepreneurial freedoms and spatial opportunities. Using three regulatory conflicts between food vendors and policymakers, this chapter highlights the motivating factors that can guide regulatory decision-making and the ways vendors destabilize and shape formal mechanisms of regulatory control. Topics include public health, restaurant protectionism, and cultural injustice at both state and city levels. This research suggests that despite rigid regulatory policies and the variety of economic, social, and political factors that influence governments’ responses to mobile food vending, active municipal investment in the public realm combined with vendors’ grassroots efforts can generate just policies. The chapter concludes with a discussion on the significance of vendor advocacy and the supportive roles of food vending organizations across the United States to illustrate the ways vendors increase social justice in cities.

The Right to Anonymity in Political Activities

2013 ◽  
pp. 202-220
Author(s):  
Knut Fournier
Keyword(s):  
The United States ◽  
Political Rights ◽  
Right To Privacy ◽  
Political Activities ◽  
Political Consequences ◽  
The Public ◽  
The Right To Privacy ◽  
Recent Developments ◽  
The Right ◽  
Political Value

The complexity of the right to privacy is particularly striking when the issues at stake are, ultimately, other political rights and freedoms such as the right to free speech and the right of association. The surveillance of individuals and groups by the state has strong political consequences: the surveillance of political activities re-defines what the private sphere is, and displaces its limits, in a context in which more information is becoming available to the public. Multiple recent developments, exemplified by the role of the right to privacy in movies, exacerbated the tensions between Europe and the United States over the notion of privacy. The future EU data protection laws will create a right to be forgotten, whose political value is still unknown.

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