scholarly journals Intellectual Property Rights: The Other Side of the Coin

2021 ◽  
Vol VI (IV) ◽  
pp. 9-14
Author(s):  
Rao Raza Hashim ◽  
Bushra Arfeen
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Modern World ◽  
Technological Innovations ◽  
Use Of Resources ◽  
Development Costs ◽  
History Of ◽  
Global North ◽  
Survival Of The Fittest

The modern world operates on the survival of the fittest rule. Hence, there is cutthroat competition among the states, and every state is striving for greater economic development. Development is based on the minimal use of resources which in turn is dependent upon technological innovations. These innovations incur huge research and development costs and can easily be copied to serve as the basis for further developments by the rivals. Thus, the idea of Intellectual Property Rights (IPR) was introduced. While there are many advantages that these rights have to offer, they also prove to be deleterious in some ways as they also play a role in restricting innovation by the global North, which further widens the gap between both worlds. This paper traces the history of the IPR and develops an argument that proposes that IPR has been a cause of inequalities and has restricted innovation.

scholarly journals The Ourobouros of Intellectual Property: Ethics, Law, and Policy in Africa

2007 ◽  
Vol 7 ◽  
pp. 253-262
Author(s):  
Sandra Braman
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Effective Leadership ◽  
Information Access ◽  
Global Leadership ◽  
Technological Innovations ◽  
Ethical Practices ◽  
Law And Policy ◽  
Innovative Techniques

Because law, policy, and ethics are multiply intertwined, developments in any one of these areas can affect what happens in each of the others. Thus those interested in African information ethics will find it valuable to examine trends in law and policy – and those concerned about legal trends should acknowledge effective leadership when it comes from the direction of ethical practices. Though African societies are almost always pictured as receivers of social, informational, and technological innovations that come from other sources, today many Africans are providing global leadership by developing innovative techniques for approaching the problem of information access. This article describes the context within which this is taking place, including a brief introduction to innovations in a number of areas, before looking in particular at innovations involving intellectual property rights that blend law, policy, and ethics.

scholarly journals Protecting Intellectual Property Rights and Traditional Ecological Knowledge: A Critical Look at Peru's Law 27811

2020 ◽  
Vol 79 (1) ◽  
pp. 69-79
Author(s):  
Michelle Hak Hepburn
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Traditional Ecological Knowledge ◽  
Indigenous Communities ◽  
Ecological Knowledge ◽  
History Of ◽  
Protecting Intellectual Property ◽  
San Martín

The Peruvian government's Law N. 27811, an intellectual property law passed in 2002 and designed to register and protect traditional knowledge, provides productive opportunities for critical analysis. Framed within the trajectory of international intellectual property rights and discussions that complicate the integration of Traditional Ecological Knowledge (TEK) into Cartesian scientific frameworks, this paper critically examines how the Peruvian law has been implemented and its impacts in Indigenous communities, particularly in the Andean Amazon region. The analysis is based on the author's work assisting Indigenous communities in San Martin register their knowledge through this law. While the law represents an advanced legal attempt to address power inequalities, it remains problematic. It does not address the impoverishment of Indigenous Peoples and continues to subordinate Indigenous TEK to Cartesian science. Although it is a symbolic recognition of the value of Peruvian Indigenous Peoples, other mechanisms are still required to redress the long history of colonization and racism.

COPYRIGHT AND RELATED RIGHTS PROTECTION IN MODERN CONDITIONS

2017 ◽  
Author(s):  
Hanna Urazova ◽  
◽  
Yulia Gudzenko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Intellectual Property Organization ◽  
Modern World ◽  
The Internet ◽  
Rights Protection ◽  
Domestic Legislation ◽  
The Law ◽  
Definition Of

The article presents a study of the problem of protection and enforcement of intellectual property rights, namely copyright and related rights. It is noted that the issue of protection and preservation of copyright and related rights in the modern world is very relevant and currently not fully resolved. The analysis of normative-legal documents in this sphere is carried out. In particular, the domestic legislation was studied, namely, the norms of the Civil and Criminal Codes of Ukraine, the Law of Ukraine "On Copyright and Related Rights", the Law of Ukraine "On State Support of Cinematography in Ukraine". International normative legal acts are analyzed. Namely: the World Intellectual Property Organization Copyright Treaty (BOIB Agreement) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The definition of "protection" is given, as well as the objects and subjects of copyright and related rights. The article also pays attention to the types of copyright and related rights protection: jurisdictional and non-jurisdictional. Two modern ways of copyright protection have been studied - copyright and copyleft. Civil law protection is analyzed: the grounds for a person to go to court to protect their intellectual property rights, the procedure for protection of infringed rights and ways to protect these rights are determined. It has been established that filing a claim against the infringer of copyright and related rights is not always an effective way of protection. Thus, the subjects of copyright and related rights often choose to protect their infringed rights. Problems related to the regulation, protection and proof of copyright infringement on the Internet have been identified. An analysis of case law on the protection of copyright and related rights. It has been found that courts do not always adequately protect related rights that have been violated on the Internet. The conclusions and prospects of development of protection and protection of copyright and related rights are given.

scholarly journals A Case Study on Applicability of Intellectual Property Rights to the Traditional Medical Systems of Asia and Africa

2021 ◽  
pp. 1-11
Author(s):  
Dr. Pradipta Mukhopadhyay
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Work ◽  
Developed Countries ◽  
Modern World ◽  
Medical Systems ◽  
Underdeveloped Countries ◽  
The World ◽  
The Impact

Today with an ever increasing population, and the recent Pandemic of COVID-19 still in force throughout the world, agricultural innovation is getting vital in order to increase the productivity and secure the global food supply but agriculture research and development is always a costly affair and while previously it was undertaken mainly by public sector, today the private sector is adopting the work of Research & Development specifically in the area of biotechnology. Thereafter we see that in the modern world in both the developed and developing countries use of herbal medicines, phytonutrients and nutraceuticals are expanding rapidly as many persons are resorting to these products for treatment of various health problems within various national healthcare settings but many of these products have remained untested and their use are also not monitored which has caused problems in acquiring proper knowledge of the adverse effects of these medicines and therapies used, creating safety related issues for the persons who are using them along with causing obstacles in proper promotion of these products and methods throughout the world. Intellectual Property (IP) refers to the creations of mind such as inventions, literary and artistic works, designs, symbols, names and images and these are protected by laws like Patents, Copyrights, trademarks etc, which enable people to earn recognition or financial benefits from what they invent or create. Previously machines were considered for invention or artistic creations and were protected by the Intellectual Property Rights and the assignment of IPRs to living things is relatively a recent phenomenon in the developed countries but today agriculture is seen as an industry that cannot survive without research, development and investments. This situation made it necessary to extend protections of IPRs in all its forms to the agriculture sector also. Then we see that recently not only Ayurveda of India but also other Traditional medical systems of Africa and South America has also started getting recognitions throughout the world as a rationale system of medicine and so it is absolutely necessary to understand the concept, rules, regulations, present status, controlling authorities of Intellectual Property Rights to protect and promote the ideas about these types of treatments and medicines and make them acceptable throughout the world without any constraints for the development of the developing and underdeveloped countries of the Asia, Africa and South American continents . In this paper we will study the impact of Intellectual Property Rights on the traditional medical treatment systems of continents of Asia, Africa and will try to examine how Intellectual Property Rights can be applied to protect and increase the production of medicines developed from medicinal herbs in the developing and underdeveloped countries of Asia and African countries along with a special reference to India. This study has been casual, exploratory and empirical in nature and the data needed for research work has been collected by using both direct and indirect methods of data collection..

scholarly journals Ways to eliminate inflections in teaching disciplines of intellectual property

2021 ◽  
Author(s):  
Yurii Kuznetsov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Polytechnic Institute ◽  
The Other ◽  
Negative Consequences ◽  
Technical Creativity ◽  
History Of ◽  
Kyiv Polytechnic Institute

The history of introduction of disciplines devoted to the methodology of scientific and technical creativity, acquisition, protection, protection and commercialization of intellectual property rights in the Kyiv Polytechnic Institute (KPI) is presented chronologically. The positive and negative consequences of teaching disciplines in intellectual property and patent science are analyzed. Emphasis was placed on a strategic mistake when two disciplines (one legal, the other integrated engineering creative direction) merged into one and two teachers of two different departments of KPI began to teach.

Contextualizing the Disagreement of Intellectual Property Rights and Open Innovation Systems in Realizing the Goal of Innovation Society in India

2020 ◽  
pp. 377-383
Author(s):  
Sabuj Kumar Chaudhuri
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Open Innovation ◽  
Innovation System ◽  
Innovation Systems ◽  
Free Flow ◽  
History Of ◽  
Scientists And Engineers ◽  
Creative Endeavor

Innovation has always been the creative endeavor throughout the history of human civilization. With the inception of intellectual property rights (IPR) to protect the innovations almost 500 years back, the free flow of knowledge was obstructed, and further advancement of knowledge is somehow stunted. Emerging open innovation system with the sharing of knowledge beyond geographical boundaries has opened a new door to many possibilities. India, with her vast pool of scientists and engineers, can become an innovation society with a judicious combination of IP and open innovation systems. This chapter seeks to contextualize the trajectory evolves due to philosophical conflict that arises among intellectual property rights (IPR), open innovation systems, innovation society formation in India. It inquires to find a realistic sustainable path.

Content, digitisation and intellectual property rights: an institutional perspective

2010 ◽  
Vol 35 (4) ◽  
pp. 5-11
Author(s):  
Matthew Bailey
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Cultural Institutions ◽  
Institutional Perspective ◽  
The Past ◽  
Key Characteristics ◽  
Challenges And Opportunities ◽  
History Of ◽  
Working Practices

Cultural institutions the world over share certain key characteristics: the care of the items in their collection, the means of enabling access to these items, and the task of sustaining their ability to do both of these things. In the past decade, digitisation and supply of digital content has become increasingly important for museums and galleries wanting to disseminate their content to a global audience. What processes are involved in doing this, and how have they impacted on organisations and their working practices? What role do intellectual property rights play in this, and what are the associated challenges and opportunities in this area? This article will present the perspective of the National Portrait Gallery, London, investigating the history of its digitisation activities and its ongoing commitment to access and responsible IPR management through Picture Library licensing and image management activities.

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