scholarly journals Intellectual Property in the Brazilian Agricultural Sector

2019 ◽  
Vol 7 (2) ◽  
pp. 54-67
Author(s):  
Marcia Brito Nery Alves ◽  
Ana Eleonora Almeida Paixão
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Agricultural Sector ◽  
Energy Sector ◽  
Innovation Network ◽  
Industrial Property ◽  
Collaborative Innovation ◽  
New Varieties ◽  
The Individual

Intellectual property is a legal device that guarantees the individual or legal entity the protection of their creations, be they products or processes, covering copyright, industrial property and sui generis protection, modality in which the plant variety property rights are included. In this sense, this paper analyzes the intellectual property rights in the Brazilian agricultural sector, through a case study of the Inter-University Network for the Development of the Sugar-Energy Sector (RIDESA), by raising data related to research, development and protection of sugarcane cultivars, designated by the prefix Republic of Brazil (RB). In order to do so, a brief historiography of the evolution of legislation on the subject, the conditions and consequences of Brazil's adherence to international agreements such as “Trade Related Aspects of Intellectual Property Rights” (TRIPS) and the convention of “International Union for the Protection of New Varieties of Plants” (UPOV), as well as, a survey about the emergence and role of RIDESA as a collaborative innovation network was also carried out. As a result, it was possible to conclude that the issue of intellectual property rights on cultivars is multidimensional and suggest the need for creation of functional and consolidated models of knowledge management in collaborative innovation network. Among the elements and factors constituting the crisis in the Brazilian sugar-energy sector, mainly on the basis of the varietal census for the states of the northeast region (especially the state of Alagoas), it was possible to point the importance of RIDESA in the context of overcoming crisis of the sugar-energy sector through innovation.

Islamic Finance as a Vehicle to Promote Improved Intellectual Property Rights in the Gulf Cooperation Council

2020 ◽  
Vol 13 (2) ◽  
pp. 407-442
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Integrated Approach ◽  
Gulf Cooperation Council ◽  
Intellectual Property Protection ◽  
Islamic Finance ◽  
Growth Sector ◽  
The Individual ◽  
The Impact

AbstractThe purpose of this article is to assess how Islamic finance can act as a vehicle to enhance the current intellectual property rights regime in the Gulf Cooperation Council (GCC). Islamic finance has developed within the constraints of sharia law and has been a growth sector for the GCC. This article will identify the main principles of Islamic finance that contribute to the success of Islamic finance, which can enhance intellectual property protection in the GCC. The main sharia-compliant areas to be considered are musharaka, mudaraba, murabaha, takaful, istisna, ijara, salam and sukuk. The article will outline the founding principles of Islamic finance, the governance of sharia boards, development of Islamic finance in the individual GCC states, different frameworks of sharia-compliant investment products and the impact of intellectual property rights on the varying Islamic finance investment tools. Furthermore, the article will discuss an integrated approach to intellectual property rights which learns lessons from the Islamic finance sector in relation to infrastructure, regulation and sharia compliance. The lessons learnt from Islamic finance will inform the overall framework of recommendations for an Islamic intellectual property model. The use of Islamic finance as a vehicle to promote better intellectual property rights in terms of defining a new intellectual property approach is novel. It is aimed at spearheading further research in this area, and it will form a part of the overall integrated approach proposals to intellectual property protection in the GCC and beyond.

Standardization and Intellectual Property Rights

2000 ◽  
pp. 80-101 ◽  
Author(s):  
Eric J. Iversen
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Information And Communication Technologies ◽  
Intellectual Property Rights ◽  
Innovation Process ◽  
Technology Infrastructure ◽  
Ict Industry ◽  
The Individual ◽  
Technical Standardization ◽  
Standard Development

In today’s environment of rapidly evolving information and communication technologies (ICTs), technical standardization is said to be confronted by a “minefield” of intellectual property rights (IPRs). Patents and other industrial IPRs that might belong to individual developers of technology have the potential to undermine the collective pursuit of technical standardization that might serve the common interests of the sector or industry. This tension between the individual and the collective, between the development of technology and its diffusion, is however by no means new; it is an inherent feature of standard development as an institution of innovation. The fact that this tension has only recently been converted into conflict raises a host of interesting questions about standardization in the evolving environment of the ‘digital age’. In this chapter, we will address some of these. We are especially interested in the fundamental question concerning the roles of standard development organizations and IPRs in the “technology infrastructure” (Tassey, 1995) and how these roles are “co-evolving” (Nelson, 1995) with the rapidly developing ICT industry. The contention is that this process of coevolution is bringing what are initially complementary functions in the innovation process into increased confrontation. In this chapter such questions will be explored in terms of innovation-theory in which the role this ‘technology infrastructure’ plays is explicitly recognized. The discussion of this relationship moreover will be largely presented in terms of a case study, featuring the controversy that arose during the standardization of the now popular GSM system, produced by the European Telecommunication Standards Institute (ETSI).

Intellectual Property Rights and Biodiversity Management: The Case of India

2004 ◽  
Vol 4 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Philippe Cullet ◽  
Jawahar Raja
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
International Treaties ◽  
Human Right ◽  
Individual Level ◽  
Biological Resources ◽  
The Individual ◽  
Biodiversity Convention

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.

scholarly journals Protecting Related Creations to Fashion in the Framework of Literary and Artistic Property Rights of Iran and France

2017 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Sattar Zarkalam ◽  
Amin Rooholamini
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Rights ◽  
Fashion Industry ◽  
French Law ◽  
Industrial Property ◽  
Iranian Law ◽  
Long Time ◽  
Time Periods

In today’s world where the process of development and the industry is evolving more rapidly than expected, the legal notions are going forward on their compliance in line with these developments. The increasing development of intellectual property rights and their samples is an example of this change. One of the most important issues and instances of this tendency in legal rights is associated with fashion productions and creations. France, as one of the greatest leading country in fashion industry since long time ago, has legally protected the dress and beautiful creations in the intellectual property rules and in the different time periods, under the various titles, including the drawings and models rights, industrial property rights, literary and artistic property rights. French jurisprudence has broadly interpreted the concept of the fashion industry and consequently, the dress and beauty creations that have evolved not only the goods, but all parties involved in the production of the fashion industry. In Iranian law also, although there is no progress in this field compared to French law, with an optimistic interpretation of the rules of its intellectual property, it can be associated with Droit d'-auteur rules in addition to the industrial property rights under different titles such as design and drawings, Applied artwork, folklore etc.

Rhetorics of Power and Development: Intellectual Property Rights and The Pharmaceutical Industry in Brazil

2007 ◽  
Vol 6 (4) ◽  
pp. 585-610 ◽  
Author(s):  
Ariane McCabe
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Regulatory Framework ◽  
Property Law ◽  
Industrial Property ◽  
Rights Discourse

AbstractThis paper examines the rise of an intellectual property (IP) rights discourse and highlights how it has been translated into national IP regimes. Recently, IP has become a polarizing concept, and attention has focused on questions that are overly narrow in scope. The characterization of the issue in simplistic dichotomous terms has ignored complex realities of developing countries. The case of Brazil is to highlights the complex ways in which the local pharmaceutical industry has been shaped by and has responded to the regulatory framework that has been established since and including the passage of the 1996 Industrial Property Law.

“You Have to Strike That Balance Between Sharing and Charging”

Ethnologies ◽  
2013 ◽  
Vol 33 (2) ◽  
pp. 181-201
Author(s):  
Ian Hayes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Music Industry ◽  
Commercial Music ◽  
Financial Compensation ◽  
Cape Breton ◽  
The Individual ◽  
The Way

This article will discuss the concept of musical ownership and copyright in the Cape Breton fiddling tradition. Intellectual property rights have become an increasingly important issue in recent years and represent an intersection between the commercial music industry and vernacular tradition. As such, the way boundaries are constructed in regard to repertoire and ownership is subject to debate. On one hand, some discourses favor the rights of the individual, arguing that intellectual property should be protected, acknowledged and subject to financial compensation. Other perspectives favor the rights and needs of the community, valuing free exchange.

Political Framework of the Production and Use of Seeds in Venezuela

2015 ◽  
pp. 191-210
Author(s):  
Vladimir Aguilar Castro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
National Level ◽  
Public Domain ◽  
Local Communities ◽  
New Varieties ◽  
Animal Material ◽  
Biological Reproduction

Political and legal developments addressed to protect traditional knowledge are the result of huge efforts made by different actors at international and at national level. Nevertheless, traditional knowledge is broadly understood as freely accessible. Intellectual property norms are highly developed and strongly protect some knowledge products that are excluded of public domain, such as new varieties of plants. In light of this situation, political and legal tensions emerge in different countries, especially when it has an impact on areas highly profitable for some industries. This is the case of multinational agricultural companies that act globally by using technologies protected by intellectual property rights, threating traditional expressions applied for the use and conservation of seeds by local communities in different countries. In Venezuela, such tensions are present in the 2002 Law about Seeds, Animal Material and Supplies for Biological Reproduction, which is analyzed in this chapter.

OAPI

2020 ◽  
Author(s):  
Marius Schneider ◽  
Vanessa Ferguson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Central African Republic ◽  
Industrial Property ◽  
Member States ◽  
The Creation ◽  
Heads Of State

On 13 September 1962 in Libreville, Gabon, twelve Heads of State and Government adhered to the Agreement on the creation of the African and Malagasy Office of Industrial Property (OMAPI). The departure of Madagascar, the attribution of new competences in the area of copyright, and the need to interlink intellectual property with development soon created a need for a revised agreement. This led to the revision of the agreement in Bangui, Central African Republic on 2 March 1977 and to the creation of the African Intellectual Property Organization (OAPI, an acronym of Organisation Africaine de la Propriété Intellectuelle). A new revision of the agreement took place on 24 February 1999 to ensure the conformity of the agreement to the dispositions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), to which all the Member States are party. This new agreement entered into force on 28 February 2002. Today the OAPI has seventeen Member States and represents more than 100 million inhabitants.

Introduction to Exclusivity Rights

2021 ◽  
pp. 336-347
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Marketing Authorisation ◽  
Common Law ◽  
Pharmaceutical Product ◽  
Industrial Property ◽  
The Creation ◽  
The Mind ◽  
Property Regimes

This chapter begins by defining intellectual property rights as the protection of the ‘creation’ of the mind and describing many different rights that are protected by both statute and common law. It divides intellectual property into two broad categories: industrial property and copyright. It also explores the various statutory and common law intellectual property regimes that have their own idiosyncratic criteria in order to qualify for the protection they offer. The chapter distinguishes relevant intellectual property rights for pharmaceutical product marketing authorisation holders from ‘traditional’ intellectual property rights to regulatory exclusivities. It explores the characteristics of regulatory exclusivities that are akin to other intellectual property rights but have their own unique criteria for qualification and enforcement.

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