Intellectual Property Protection of African Traditional Medicine within the Legal Framework of the Right to Development

2019 ◽  
Vol 27 (3) ◽  
pp. 426-445
Author(s):  
Carol Chi Ngang ◽  
Patrick Agejo Ageh
Keyword(s):  
Intellectual Property ◽  
Traditional Medicine ◽  
Legal Framework ◽  
Cultural Development ◽  
Intellectual Property Protection ◽  
Value Systems ◽  
African Culture ◽  
Right To Development ◽  
African Traditional Medicine ◽  
The Right

In this article, we examine the prospect of securing intellectual property protection of African traditional medicine within the legal framework of the right to development in Africa. We do so with the aim to advance the right to development as an imperative to improving living standards for the peoples of Africa. Our analysis involves determining to what extent adequate protection could be secured to the benefit of the communities that engage in the practice of traditional medicine as a livelihood. Despite the imposition of western medicine, which has dominated traditional medicine since the colonial era, the latter has survived and, as we argue, deserves protection for gainful purpose as part of the common heritage, which the peoples of Africa are entitled by law to benefit from. With the renewed impetus directed towards re-establishing African value systems against the iniquities of imperial domination, our central focus in this article is to demonstrate that the practice of traditional medicine is deeply rooted in African culture, which under the African human rights system is granted as a human right. In essence, the advancement of African culture constitutes an integral aspect of the right to socio-economic and cultural development enshrined in the African Charter. Unlike other intellectual property regimes, which we argue are not sufficiently protective, we posit that the right development provides a sui generis framework within which intellectual property protection of African traditional medicine could effectively be claimed as a measure to secure redistributive justice, which the peoples of Africa have been deprived of over the decades.

Intellectual Property Protection on Multimedia Digital Library

2011 ◽  
pp. 2113-2117
Author(s):  
Hideyasu Sasaki
Keyword(s):  
Intellectual Property ◽  
Digital Library ◽  
Digital Libraries ◽  
Information Science ◽  
Database Design ◽  
Critical Issue ◽  
Intellectual Property Protection ◽  
Library Community ◽  
Digital Contents ◽  
The Right

The principal concern of this article is to provide researchers and practitioners in information science and technology with legal references on the concepts, issues, trends, and frameworks of intellectual property protection regarding multimedia digital library in engineering manner. Digital library is the global information infrastructure in the networked society (Borgman, 2003). A digital library, as an information system, consists of digital contents in databases and retrieval mechanisms. The right protection of digital library is a critical issue in the digital library community that demands frameworks for recouping their investment in database design and system implementation. Intellectual property law gives incentive to advance appropriate investment in database design and implementation with two types of intellectual property protection: copyright and patent (Jakes & Yoches, 1989; Junghans & Levy, 2006). Multimedia digital contents take a variety of forms including text, images, photos, and video streams, which often commingle in multimedia digital libraries. Nevertheless, present legal studies are not satisfactory as the source of technical interpretation of the intellectual properties regarding multimedia digital libraries. The intellectual property protection of the multimedia digital libraries demands clear and concise frameworks.

scholarly journals Understanding the Role of “the City” in Developing Complex Regulatory Frameworks

2021 ◽  
Vol 1 (1) ◽  
pp. 1-24
Author(s):  
David Tilt
Keyword(s):  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Cultural Development ◽  
Haute Couture ◽  
Regulatory Frameworks ◽  
Cultural Movements ◽  
Strict Regulation ◽  
The City

This paper considers the relationship between the legal regulation of haute couture in Europe and the importance of “the city” as the locus of complex cultural, legal, and geographical forces. Haute couture and its legal framework are used as a case study to investigate how local dynamics – in this case, focusing on the role of the city – can shape the national and international legal responses to a cultural phenomenon, as well as provide a more complete understanding of how culturally significant practices acquire such an enduring meaningfulness in society.   Connecting the role of ‘the city’ and legal regulation is particularly interesting through the lens of haute couture because while cities are frequent hosts to artistic or cultural movements, haute couture resulted in an elaborate system of strict regulation that extends beyond the ordinary intellectual property toolbox. This framework has a broader function than national intellectual property law because it not only reflects the legal dynamic of a particular industry, but the cultural and artistic practices of a specific, and particularly localised in this case, city.   Haute couture is a demonstration of the complex relationship between local, national, and international modalities of law-making. Haute couture emerged as a niche, city-specific, cultural development yet it resulted in a national framework of regulation that reinforced the centralisation of Paris in haute couture, building and further supporting localisation and sub-localisation in the context of the dense network of fashion houses, ateliers, and schools.

scholarly journals State system of intellectual property protection in Ukraine: development trends in modern conditions

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Intellectual Property Protection ◽  
The State ◽  
State System ◽  
International Standards ◽  
System Structure ◽  
Basic Law ◽  
Constitutional Right ◽  
The Right

Today, the protection of intellectual property rights and legitimate interests of citizens is guaranteed by Article 55 of the Constitution of Ukraine, which provides and guarantees to everyone who uses all national forms of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal dispute and all legal relations arising in the state. In addition to the constitutional right to administrative and judicial protection of intellectual property, the rules of special legislation in the field of intellectual property also determine other types of protection. In particular, part of the first article. 52 of the Law of Ukraine «On Copyright and Related Rights», to protect their copyrights and (or) related rights, entities have the right in accordance with the established procedure to apply to the court and other authorities in accordance with their competence. It is emphasized that the specifics of the protection of intellectual property is that there may be different ways to protect the violated subjective right to choose the person whose rights are violated. Today, the state system of intellectual property protection in Ukraine has an extensive system of state bodies involved in ensuring the protection of intellectual property. Based on the analysis of normative legal acts and scientific opinions, the article analyzes the activities of public administration entities in the field of intellectual property protection (Ministry for Development of Economy, Trade and Agriculture, National Intellectual Property Authority, Ukrainian Institute of Intellectual Property, Department of Intellectual Property). It is noted that in connection with the reorganization of the state system of intellectual property protection, instead of a three-tier structure, a two-tier structure is proposed. It is established that the current standing of the state system of intellectual property protection does not fully comply with international standards and principles in the field of intellectual property. It is proved that the presented state system of intellectual property protection contains significant shortcomings, the ways of improvement its activities are proposed. Keywords: state system, structure, protection, intellectual property, functions, improvement

scholarly journals The level of perception, awareness, and behavior on intellectual property protection: A study of the emerging country

2021 ◽  
Vol 10 (1) ◽  
pp. 29-34
Author(s):  
Le Thi Thanh Tam ◽  
Hoang Dinh Thai ◽  
Pham Thi Thanh Hai ◽  
Tran Diep Tuan ◽  
Tran Chi Thanh
Keyword(s):  
Intellectual Property ◽  
Structural Equation ◽  
Intellectual Property Protection ◽  
Equation Modeling ◽  
Cross Sectional ◽  
Ip Protection ◽  
The Public ◽  
On Line ◽  
The Right ◽  
And Behavior

Emerging economies are facing problems in the administration and compliance with intellectual property protection in their countries. The IP term is now much more familiar to the public, but it is not well understood completely in a lawful way. The public is misinformed (or, at best, under-informed) about IP leading to higher levels of infringement as well as reducing the use and value of IP. Our study aimed to determine the level of perceptions, awareness, and behavior (PAB) on IP Protection of the medical technology students with the cross-sectional on-line survey on 795 students by electronic European Union Intellectual Property Office (EUIPO) questionnaire. The overall level of PAB was very high, greater than three quarters. The demographic factors related significantly to right PAB on IP protection were sex (female higher than male) and residency (other cities higher than Ho Chi Minh City). Only the awareness had the covariance with the behavior in structural equation modeling (SEM) model with a significant coefficient of 0.55. We should focus on an education program to increase the right awareness, then it would improve the right behavior on intellectual property protection in students who are living in the emerging countries.

The Rights of People with an Intellectual Disability in the Netherlands: From Restriction to Development

2007 ◽  
Vol 14 (2) ◽  
pp. 149-163
Author(s):  
Keyword(s):  
Intellectual Disability ◽  
Psychiatric Hospitals ◽  
Legal Framework ◽  
Self Determination ◽  
Health Law ◽  
Care Providers ◽  
Good Care ◽  
Right To Development ◽  
Legal Position ◽  
The Right

AbstractThe purpose of this article is to discuss whether the right to self-determination 1 is the only and the best principle in health law for care providers to support their clients with an intellectual disability, or whether other principles such as the right to development, the right to good care and the right to protection might lead to a better protection of the rights of clients in this field of care. The right to self-determination is the central principle in the Dutch Psychiatric Hospitals (Compulsory Admissions) Act, which at times seems less than beneficial to the legal position of persons with an intellectual disability. The question is whether a new (alternative) legal framework, in which the focus shifts to the right to good care and the right to development, might improve the legal position of people with an intellectual disability.

Right to Development Governance in the Advent of the African Continental Free Trade Area

2021 ◽  
Vol 65 (2) ◽  
pp. 153-178
Author(s):  
Carol Chi Ngang
Keyword(s):  
Free Trade ◽  
Free Trade Area ◽  
Cultural Development ◽  
Competing Interests ◽  
Trade Area ◽  
Right To Development ◽  
Local Initiatives ◽  
African Charter ◽  
The Right ◽  
Functional Mechanisms

AbstractIn this article, I explore the question of whether the African Continental Free Trade Area (AfCFTA) could provide the framework mechanism for actualizing the right to development in Africa. The imperative for socio-economic and cultural development suggests rethinking the manner in which Africa is governed and, importantly, also the necessity of putting into place functional mechanisms in view of enacting the future that is envisaged for the continent. Article 22(2) of the African Charter enjoins state parties to individually or collectively undertake measures to give effect to the right to development. After several futile endeavours aimed at finding an appropriate mechanism for development, Africa eventually takes a giant stride in establishing the AfCFTA. From a decolonial perspective, I examine the prospects of the AfCFTA, particularly with regard to competing interests that dominate the African development space. At face value, the AfCFTA appears to provide an enabling framework for the nurturing of productive capabilities, the flourishing of local initiatives, the eradication of poverty and expanded opportunities for development. Notwithstanding, I contend that the inherently neoliberal nature of the AfCFTA leaves a further question of whether the free trade area is likely to deliver socio-economic and cultural development benefits to the peoples of Africa.

Reductionist Intellectual Property Protection and Expansionist (and “Prodevelopment”) Competition Rules as a Human Rights Imperative? Enhancing Technology Transfer to the Global South

2021 ◽  
Vol 14 (1) ◽  
pp. 215-272
Author(s):  
Klaus D. Beiter
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Public Interest ◽  
Competition Law ◽  
Global South ◽  
Cultural Rights ◽  
Right To Development ◽  
Competition Rules ◽  
The Right ◽  
Dissemination Of Technology

Abstract Increasingly, the economy of industrialised countries moves away from being based on a multiplicity of independent innovators to one characterised by cross-licensing and the pooling of intellectual property (IP) rights. Competition law is accorded a more limited role. Refusals to license or restrictive licence terms are tolerated. This paradigm emphasises the innovation at the expense of the dissemination rationale of IP and competition law. The pressure on developing countries is to follow suit. However, this approach jeopardises overcoming the technology dependence of these states. Yet, the political consensus underlying the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was that, in exchange for IP rights protection, a transfer and dissemination of technology benefiting the global South would occur. This has not taken place so far. Taking this promise seriously requires according an enhanced, more social role to competition law. Articles 8(2), 31 and 40 of TRIPS – the TRIPS competition rules – could be interpreted in a way to accomplish this. This article argues in favour of a “prodevelopment” approach to IP-related competition law. This could be viewed as a demand of the rule of law at the international level. On the one hand, treaties such as TRIPS are to be interpreted in good faith. On the other, public interest and human rights considerations justify, as it were, require, such an approach. Articles 7 and 8 of TRIPS can play a crucial role in this regard. They reflect such public interest considerations as “object and purpose” of TRIPS. They also provide a link to international human rights law (IHRL). IHRL protects a (group) right to development, confirming “policy space” for World Trade Organization (WTO) members and the freedom to opt for a competition law model that facilitates dissemination. The International Covenant on Economic, Social and Cultural Rights (ICESCR) further protects various economic, social and cultural rights, including the right to enjoy the benefits of scientific progress and its applications (REBSPA). These rights may be said to give rise to “transfer and dissemination of technology” as a human right. Duties under the right to development and “territorial” and “extraterritorial” human rights obligations (ETOs) under the ICESCR support an understanding of competition law which is pro development, which takes account of local access and welfare needs. The article concludes with a set of 10 consolidated considerations for a “prodevelopment” IP-related competition law.

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