scholarly journals Introduction to the Research Handbook on the World Intellectual Property Organization – 50 years of the World Intellectual Property Organization

Author(s):  
Sam Ricketson
2009 ◽  
pp. 2616-2631
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.


Terminology ◽  
2016 ◽  
Vol 22 (2) ◽  
pp. 171-200
Author(s):  
Cristina Valentini ◽  
Geoffrey Westgate ◽  
Philippe Rouquet

Many key terminology databases are managed by national and international organizations. However, the methodology behind the development of such databases has rarely been discussed. This paper presents the terminology database of the Patent Cooperation Treaty (PCT) of the World Intellectual Property Organization (WIPO), the scientific and technical patent terminology database in ten languages available for browse online in WIPO Pearl. The article discusses in detail the design and structure of the PCT Termbase with reference to ISO standards. Divergences are explained in light of specific aspects of the workflow and the text type under consideration — patents. Thus, traditional problematic areas of terminography are addressed from a practical perspective, e.g. identifying concepts and terms; attributing a concept to a specific subject field in a multidisciplinary database; multilingual equivalence; quality control in terminology management; building domain ontologies from/in terminology databases. A comprehensive understanding of the PCT Termbase is thereby provided.


2017 ◽  
Vol 24 (1) ◽  
pp. 57-77 ◽  
Author(s):  
Jovan Scott Lewis

Abstract:This article is concerned with the ways in which discourses of rights serve to destabilize indigenous logics when used for gains in the market. It does so through examining a Rastafarian tour group who uses their participation in the tourism market to challenge what they believe are infringed cultural property rights. As a means of commercially defending these rights, the group employs a discourse of indigeneity. In this process, they have gained partial recognition from the World Intellectual Property Organization and increasing acknowledgement from the Jamaican government. However, while the basis of indigeneity strongly supports the case of intellectual and cultural property rights, this recognition ultimately further identifies the group, and Rastafari in general, with Jamaica.


2020 ◽  
Vol 51 (4) ◽  
pp. 597
Author(s):  
Nopera Dennis-McCarthy

The effective protection of indigenous traditional knowledge from misappropriation is a fundamental challenge faced by the intellectual property system. A substantial aspect of this challenge is how the intellectual property regime can practically utilise or incorporate indigenous customary law as a means of protection against misappropriation, when there is an inherent tension between the former and the latter. Any international legal instrument intended to protect against misappropriation of indigenous traditional knowledge will have to contend with this tension: a definition of misappropriation ought to encourage use of local indigenous customary law, but it also must be practically applicable within the confines of the intellectual property system. Consequently, this article considers the challenge in two parts. The first part requires ascertainment of a potential international legal definition of misappropriation that will uphold and maintain indigenous customary law, in the context of the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) draft articles. To ensure the definition effectively affirms indigenous customary law, it will be based on three key "approaches" to indigenous custom. The second part entails application of the definition to the domestic context, namely through the case studies of New Zealand and Australia, and a subsequent critique of the difficulties of application, to illustrate the challenge of incorporating indigenous customary law within the intellectual property system. This article concludes that the risks inherent in an aspirational definition of misappropriation which may have some challenges in application are outweighed by the potential of normalising and encouraging indigenous customary law as the foundational basis for truly effective protection of traditional knowledge against misappropriation.


Sign in / Sign up

Export Citation Format

Share Document