Criminal liability for intellectual property infringement in Europe: the role of fundamental right

2013 ◽  
pp. 191-212 ◽  
Author(s):  
Jonathan Griffiths
Keyword(s):  
Intellectual Property ◽  
Criminal Liability ◽  
Intellectual Property Infringement

scholarly journals Intellectual Property and Criminal Law: Recent Trends

2019 ◽  
Vol 8 (4) ◽  
pp. 12664-12666
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Criminal Liability ◽  
Positive Influence ◽  
Current Development ◽  
Social Sphere ◽  
Recent Trends ◽  
Criminal Protection

This article analyzes the significance of criminal liability imposed on individuals in case of violating intellectual rights. The research dwells on the role of various sectoral norms, including criminal law, in the inter-sectoral institute of intellectual property. Criminal law is considered as a component in the current development of intellectual property institute. The authors criticize some negative views on the criminal protection of intellectual rights. They also substantiate the general positive influence of criminal protection on the development of any social sphere, including the sphere of intellectual property.

Economic and Legal Support for Commercialization of Intellectual Property in Russia

2003 ◽  
pp. 66-76
Author(s):  
I. Dezhina ◽  
I. Leonov
Keyword(s):  
Intellectual Property ◽  
The State ◽  
Commercial Application ◽  
The West ◽  
Role Of The State ◽  
Legal Context

The article is devoted to the analysis of the changes in economic and legal context for commercial application of intellectual property created under federal budgetary financing. Special attention is given to the role of the state and to comparison of key elements of mechanisms for commercial application of intellectual property that are currently under implementation in Russia and in the West. A number of practical suggestions are presented aimed at improving government stimuli to commercialization of intellectual property created at budgetary expense.

The Fight against Smuggling at the Soviet-Polish Border throughout 1921-1939

2017 ◽  
pp. 192-201
Author(s):  
Roman Kotsan
Keyword(s):  
Soviet Union ◽  
Interwar Period ◽  
Criminal Liability ◽  
Economic Crime ◽  
Private Capital ◽  
Public Authorities ◽  
Security Services ◽  
The Soviet Union ◽  
Liability Limitation

The article considers smuggling as economic crime in the Soviet-Polish border in the interwar period. The reasons for smuggling activities are studied and summarized. Range of smuggled goods is shown. The number of arrested smugglers, their nationality, the value of seized goods both from Poland and the Soviet Union are investigated. Smuggling as a political phenomenon in the Soviet-Polish border in 1921-1939 is under study. The use of smugglers by the intelligence agencies of both Poland and the USSR are emphasized. The role of public authorities of both abovementioned countries in the fight against smuggling, namely Border Guard Corps from Poland; border guards, customs, security services and local Soviet authorities on the part of the USSR are studied. The influence of anti smuggling measures (increased criminal liability, limitation of private capital in trade, strengthen of the state borders protection) on its amount decrease is studied. Keywords: State border, smuggling, crime, scouting, Poland, USSR

From Market Access to Cumulative Innovation

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Market Access ◽  
Step Test ◽  
Property Law ◽  
Intellectual Property Law ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Production Output

This chapter argues for a reinvigorated role of the market access doctrine and references a number of important antitrust and intellectual property law decisions in which courts have given priority to market access. It finds a novel function for market access to play within antitrust and intellectual property law liability: courts that grant plaintiffs access to a defendant’s production output should refer to a three-step test under which they inquire (1) whether the inventor, through first-mover advantages, has reaped a sufficient reward such that contractual or intellectual property rights protection would no longer be required to facilitate innovation, (2) whether competitors were able to challenge the proprietary platform’s position in the market without the possibility of granting access, and (3) whether competitors seeking to benefit from market access will make use of it to facilitate the introduction of new goods rather than merely to copy the initial invention.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

General Principles for Integration

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Resolution Function ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Prior Analysis

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

scholarly journals Sustainability transitions in manufacturing: the role of intellectual property

2021 ◽  
Vol 49 ◽  
pp. 118-126
Author(s):  
Elisabeth Eppinger ◽  
Akriti Jain ◽  
Pratheeba Vimalnath ◽  
Anjula Gurtoo ◽  
Frank Tietze ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Sustainability Transitions
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