The seed and the citizen

Focaal ◽  
2014 ◽  
Vol 2014 (69) ◽  
pp. 28-44 ◽  
Author(s):  
Birgit Müller
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Property Relations ◽  
Agronomic Characteristics ◽  
Public Meetings ◽  
Inspection Agency ◽  
Cultivation Practices ◽  
Canadian Food Inspection Agency ◽  
Set Up

While farmers set up conditions for the development of plants, the seeds they help grow into plants determine conditions for the farmers. Modern plants not only have agronomic characteristics but also intellectual property rights, phytosanitary regulations, and classifications attached to them. Interacting with their seeds creates fields of property and power, situations of possibility and impossibility, in which farmers and breeders operate. The biosocial networks from which seeds emerge are animated by bureaucratic measures, property relations, and research and cultivation practices that I will explore in action. Seeds not only become what they are in multifarious networks of natural, cultural, and political agencies, but their emergence and coevolution with humans is ruptured through deregistration, persecution, confiscation, and destruction of proprietary seeds. This article will take the reader from the fields of farmers in Saskatchewan to seed breeders in Saskatoon and ultimately to public meetings organized by the Canadian Food Inspection Agency in Ottawa.

The implementation of the intellectual property rights of the convicts in the institutions and bodies of criminal executive system

2020 ◽  
pp. 170-176
Author(s):  
Оксана Алексеевна Владимирова
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Effective Means ◽  
Legal Aspects ◽  
Correctional Institutions ◽  
Property Relations ◽  
Patent Rights ◽  
Human Creativity ◽  
Executive System

Статья посвящена анализу организационно-правовых аспектов реализации прав интеллектуальной собственности лиц, осужденных к лишению свободы. Рассмотрен сложившийся опыт, особое внимание уделяется проблемным вопросам реализации осужденными личных неимущественных и исключительных интеллектуальных прав: связанным с приобретением права интеллектуальной собственности, затруднениям осуществления интеллектуальных прав, вызванным режимными требованиями. Творческая деятельность человека - одно из самых эффективных средств исправления, по мнению автора, поскольку именно она является высшей сознательной деятельностью. Поэтому необходимо поощрять и развивать в исправительных учреждениях данный вид деятельности, всемерно содействовать ее реализации. Предлагается создавать в исправительных учреждениях кроме уже имеющихся ресурсов специальные лаборатории, мастерские и т. п. центры для реализации творческой, в том числе научно-творческой потребности осужденных. При необходимости всячески содействовать осужденным при реализации процедуры получения патента. Кроме того, в рамках правового просвещения осужденных необходимо информировать о возможностях реализации авторского или патентного права в рамках имущественных отношений. This article is devoted to analysis of legal aspects of implementation of intellectual property rights of persons sentenced to deprivation of liberty. Abstract: the experience, a special attention is paid to the problematic issues of implementation of convicted persons of exceptional moral and intellectual rights: associated with the acquisition of intellectual property rights, difficulties in the implementation of intellectual property rights, caused by the regime requirements. Human creativity is one of the most effective means of correction, in the author's opinion, as it is the higher conscious activity. It is therefore necessary to promote and develop in correctional institutions this activity, to contribute fully to its implementation. It is proposed to establish in correctional institutions in addition to the existing resources of the special laboratories, workshops, etc. centers for the implementation of creative, including research and creative needs of prisoners. If necessary to fully support the convict in the implementation of the procedure of obtaining a patent. In addition, the legal education of prisoners should be informed about the possibilities of implementation of copyright or patent rights in the framework of property relations.

Rimage: Safeguarding Intellectual Property in China

2009 ◽  
Vol 13 (01) ◽  
pp. 145-156
Author(s):  
Janell Kurtz ◽  
Jim Q. Chen
Keyword(s):  
Intellectual Property ◽  
Middle East ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Business ◽  
Field Research ◽  
Digital Publishing ◽  
Chief Operating Officer ◽  
On Demand ◽  
Set Up

Rimage was an on-demand digital publishing company based in Minnesota, USA. Since 1992, Rimage had been internationalizing its business in Europe, Scandinavia, Africa, Middle East, and Russia. By 2004, its products had penetrated Japanese market. Encouraged by its success in Japan, Rimage considered entry into China. The initial market assessment identified opportunities in China, but also risk. As a technology driven company, Rimage's main management dilemma was how to set up operations in China while keeping its intellectual property secure. Manny Almeida, Rimage's Chief Operating Officer, carefully pondered the company's entry into China. Did the opportunities outweigh the risks? This decisional case is based on field research. There is an epilogue detailing the steps Rimage took to protect its intellectual property in China. The case aims to provide insight for international business in safeguarding intellectual property rights.

From Patent Hold-Up to Patent Hold-Out?

2016 ◽  
Vol 14 (1) ◽  
pp. 1-19
Author(s):  
Marie Barani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Technological Solution ◽  
Material Resources ◽  
License Agreements ◽  
Set Up ◽  
Made In ◽  
Standard Development

Standardization is a process through which potential rivals cooperate to have the best technological solution adopted as the next standard. They pool together financial, human and material resources. Intellectual property rights, especially patents, are a powerful tool for them to recover investments made in the process and keep participating in it. However, to avoid abusive use of patents incorporated in de iure standards, companies contributing to the standard development have to comply with specific duties, amongst which making the technology essential to the standard available on Fair, Reasonable and Non-Discriminatory terms and conditions, i.e. the so-called (F)RAND commitment1. This commitment has been created to prevent patent hold-up from patent holders, which could force implementers to enter into disadvantageous license agreements. With the changes in the cellphone market in the last ten years, the content of this (F)RAND commitment has been challenged in courts and in front of antitrust and competition authorities. The question is whether this duty, set up to avoid hold-up, is not used by some implementers to engage in “hold-out” or “reverse patent hold-up” strategies.

scholarly journals The Role of Intellectual Property in Collaborative Research: Crossing the “Valley of Death” by Turning Discovery Into Health

2015 ◽  
Vol 10 ◽  
Author(s):  
Nathan Pauly
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Transfer Process ◽  
Academic Literature ◽  
Technology Transfer Process ◽  
Private Corporations ◽  
Set Up ◽  
Oral History Interviews

Technology transfer is the process of transforming basic scientific discoveries into commercial products that can be sold to the public. Historically, the federal government has been the country’s largest funder of basic biomedical research through institutions such as the National Institute of Health (NIH). Private corporations utilize scientific knowledge generated at NIH to design drugs and medical devices that are then marketed to the American public. As a taxpayer funded institution, NIH has a fundamental responsibility to optimize the technology transfer process so that the American public receives the greatest return on its investment in the form of new healthcare products. Various laws passed in the 1980s have set up the technology transfer system to revolve around the dispensation of intellectual property rights. In recent years several prominent critiques of the technology transfer system’s use of intellectual property rights have emerged in academic literature. In order to assess the validity of these critiques I conducted ten oral history interviews with administrators at NIH that are deeply involved in the technology transfer process. This paper will demonstrate that many of the criticisms that are posed in academic literature do not impact research at NIH. However, interviews with officials at NIH indicate that there is still friction in the system that prevents the American public from receiving the maximum return on its investment.

scholarly journals Artificial intelligence as a potential subject of property and intellectual property relations

2020 ◽  
Vol 9 (1) ◽  
pp. 231-250
Author(s):  
Kateryna Nekit ◽  
Vira Tokareva ◽  
Volodymyr Zubar
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Capacity ◽  
Legal Personality ◽  
Potential Subject ◽  
Property Relations ◽  
The Status ◽  
The Right

The article analyzes the possibility to provide legal capacity to artificial intelligence, which would lead to the emergence of a new subject in legal relations. The aim of the article is to reveal whether it is possible to recognize, that artificial intelligence is able to have property and intellectual property rights. To achieve this aim, dialectical, comparative, dogmatic and legal methods are used. It is noted that according to recent studies, there are more and more grounds for recognizing artificial intelligence as subjects of legal relations. Particular attention in the article is paid to the specifics of the status of artificial intelligence in property relations. The consequences of empowering artificial intelligence with the right to property are analyzed. The conclusion is drawn on the appropriateness of such an approach, since this will solve the problem of liability for damage caused by artificial intelligence. The possibility of endowing artificial intelligence with property on the basis of trust before resolving the issue of its legal personality is proposed. Modern approaches to the problem of rights to objects of creativity created by artificial intelligence are considered in the article. The options for the distribution of rights to such objects are analyzed depending on the degree of human participation in their creation and on the level of complexity of the artificial intelligence that creates these objects. The general conclusion is made about the possibility to qualify artificial intelligence as a subject of legal relations, in particular, of property and intellectual property relations.

scholarly journals PERLINDUNGAN HUKUM HaKI DALAM PERJANJIAN WARALABA DI INDONESIA

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 571
Author(s):  
Lathifah Hanim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trade Secrets ◽  
Trademark Law ◽  
Applicable Law ◽  
Set Up ◽  
Indication Of Origin ◽  
Ipr Protection

Always related to the provision granting franchise rights to use and or use of certain intellectual property rights, which in this case embodied in the brand, which covers both trademarks and service marks, or indications of origin (indication of origin) and a specific format, formula, characteristics, methods, procedures, procedures, systems etc. that are typically associated with, and which can not be separated from each output or product that is produced and then sold, delivered or traded by using the trademarks, service marks or indications of origin mentioned above, called a trade secret.The problem is how the legal protection of intellectual property rights for the franchisor (the Franchisor) and Franchisee (the Franchisee) in franchise agreements in Indonesia.Franchise agreements is one aspect of legal protection to the parties of the actions harm others, including in providing legal protection for intellectual property rights. This is because the agreement can be a strong legal basis to enforce legal protections for the parties involved in the franchise system. If either party violates the agreement, then the other party can sue the infringing party in accordance with applicable law. Legal protection of intellectual property rights owned by the Parties to the Franchisor (the franchisor) will be better protected if the Franchise Agreement has been set up specifically on IPR protection, which is a pledge of certain restrictions that must be adhered to by the Franchisee (the franchisee), which directly or not directly intended to protect intellectual property rights of the Parties to the Franchisor (the franchisor). The Franchise Agreement which provides IP protection provisions also set Franchisee shall protect trade secrets provided by the franchisor during the term at least 2 (two) years after the franchise period expires. Franchisee shall maintain the rights and interests as holders of rights to the franchisor's brand. Franchisee is prohibited to run any other business which directly competes with the franchisor during the term of business and franchise and for a period of at least 2 (two) years after the franchise period expires. Intellectual Property Rights in the franchise business is also highly protected by the laws relating to intellectual property rights, namely: Copyright Law, Trademark Law, and the Trade Secrets Act.Key words: Franchise Agreement, Legal Protection.

The winding path for foreign companies: building R&D centers in China

2016 ◽  
Vol 37 (2) ◽  
pp. 3-11 ◽  
Author(s):  
Dominique Jolly ◽  
Francesco Masetti-Placci
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Lessons Learned ◽  
Scientific Publications ◽  
Public Authorities ◽  
Content Type ◽  
Foreign Companies ◽  
Set Up

Purpose Only a few foreign companies have started significant R&D activities in China. Although these forerunners have opened the door, their experience now needs to be transferred to followers. The purpose of this paper is to use this experience to offer some guidance to foreign companies wishing to launch R&D activities in China. Design/methodology/approach The authors’ recommendations are based on their investigation into 50 existing foreign R&D centers in China and one pioneering experience into the management of one of those centers. The authors especially investigated the questions of location, people and intellectual property rights, and relationships with authorities. Findings Foreign companies wishing to do R&D in China will have to adapt to an environment different from those they are used to. The authors draw up recommendations that should help them to find their way. They particularly emphasize location in or close to clusters, the type of relationships to be developed with public authorities and with the communist party, the specific characteristics needed by workers in those centers, the need for a cautious intellectual property rights approach and the key role of returnees in R&D centers. These findings are based on previous experience and lessons learned directly by the authors as well as through meetings with R&D executives and managers of medium/large foreign companies or joint ventures s in China. Research limitations/implications The Chinese research, development and innovation landscape has evolved rapidly and has still not stabilized. Consequently, the authors’ recommendations, which capture best practices and recently learned lessons, are applicable for the next five years. Some of them might change in the future as the overall national and international situation evolves. Practical implications These recommendations offer guidelines to companies without R&D centers established in China for expanding their international technology strategy. They will help companies already operating successful R&D centers to better leverage previous investments and efficiently set up and operate R&D activities in China. Originality/value China has been on the R&D map for only a few years as exemplified by the surge of scientific publications and patent deposits, making China the country with the most patents in the world. No foreign company engaged in R&D can ignore this fact. Yet, few papers have been published with “how to?” guidelines.

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