scholarly journals A Covid Competition Dilemma: Legal and Ethical Challenges Regarding the Covid-19 Vaccine Policies during and after the Crisis

2021 ◽  
Vol 6 (1) ◽  
pp. 51-63
Author(s):  
Mina Hosseini
Keyword(s):  
Intellectual Property ◽  
Analytical Method ◽  
Ethical Dilemmas ◽  
Health Sector ◽  
Individual Rights ◽  
Ethical Challenges ◽  
Production And Distribution ◽  
Public Rights ◽  
Long Time

The Covid-19 pandemic has impacted multiple facets of our lives and created a number of legal and ethical dilemmas. One of the greatest challenges at present is the production and distribution of the Covid-19 vaccine. Refusing to supply Covid vaccines widely could affect millions worldwide, and the pandemic may last for a long time. The competition authorities’ monitoring of the health sector in many countries has been subject to changes in thecurrent crisis. The question is whether we can force the Covid-19 vaccine manufacturers, legally and ethically, to sell their products and share their information with their competitors. Furthermore, what are the post-pandemic consequences of policies adopted during the pandemic? This paper employs a descriptive-analytical method to examine the importance of competition and intellectual property policies as they relate to Covid-19. It concludes that instead of focusing on individual rights in a crisis, public rights need to be emphasised. However, we should not underestimate the post-pandemic consequences of policies adopted during the Covid-19 pandemic.

scholarly journals Current state and some issues of countering illegal trafficking in goods in Ukraine

2020 ◽  
Vol 38 (Especial) ◽  
pp. 95-107
Author(s):  
Volodymyr Lysenko ◽  
Mykhailo Hribov ◽  
Valentyn Kovalenko ◽  
Nataliia Makarenko ◽  
Ihor Rohatiuk
Keyword(s):  
Intellectual Property ◽  
Scientific Knowledge ◽  
Research Methodology ◽  
Underground Economy ◽  
Current State ◽  
The World ◽  
Special Scientific ◽  
Production And Distribution ◽  
Long Time ◽  
Scientific Nature

The aim of the article is to investigate the current state of illegal merchandise trafficking in Ukraine, as well as the basic conditions that promote the spread of counterfeiting in this country together with the methods to counteract this phenomenon. The research methodology was chosen based on the purpose and objectives of the study, consequently, a set of methods and approaches to scientific knowledge were combined, of a general theoretical and special scientific nature. Everything indicates that Ukraine is one of the world leaders in the illicit production and distribution of software, intellectual property, etc., and this problem has not been a priority for the authorities for a long time. It is concluded that the basic conditions that promote the spread of counterfeiting in Ukraine are determined on the basis of the analysis of the activities of the police and supervisory authorities in the fight against illegal trafficking of goods. The most efficient methods are proposed to counteract the illegal traffic of goods, within the framework of the underground economy in Ukraine.

PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL TERHADAP INDUSTRI KREATIF DALAM MENINGKATKAN INDUSTRI PARIWISATA BERBASIS BUDAYA LOKAL

2019 ◽  
Vol 3 (1) ◽  
pp. 88
Author(s):  
Ganefi Ganefi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Creative Industry ◽  
Registration Process ◽  
State Revenue ◽  
Strategic Role ◽  
Long Time ◽  
The Government

AbstractThe creative industry as one of the pillars of the future economy has a very strategic role in overcoming the problems faced by the community along with the government, especially in the field of employment, business fields, and as a source of state revenue (GDP). Therefore, creative industry entrepreneurs must be protected by their intellectual rights so that all copyrighted works are legally protected by their existence and not arbitrarily anyone can steal, trade, multiply without the permission of the owner. However apparently only 17% of the 16.7 million creative industry players registered the results of their creativity. This shows that the protection of Intellectual Property Rights towards the creative industry is still very weak due to several factors, namely; Lack of public awareness / creative industry players to register their creativity businesses; Lack / lack of understanding of the community / industry players regarding the protection of Intellectual Property Rights (IPR); The presumption of some people / creative industry players for the management of registration of Intellectual Property Rights requires quite a large fee; The registration process takes a long time and is complicated. AbstrakIndustri kreatif sebagai salah satu pilar ekonomi masa depan memiliki peran yang sangat strategis dalam mengatasi masalah-masalah yang dihadapi oleh masyarakat bersama pemerintah, terutama di bidang ketenagakerjaan, bidang usaha, dan sebagai sumber penerimaan negara (PDB) . Oleh karena itu, pengusaha industri kreatif harus dilindungi oleh hak intelektual mereka sehingga semua karya cipta dilindungi secara hukum oleh keberadaan mereka dan tidak sewenang-wenang siapa pun dapat mencuri, berdagang, berkembang biak tanpa izin dari pemiliknya. Namun ternyata hanya 17% dari 16,7 juta pelaku industri kreatif yang mendaftarkan hasil kreativitas mereka. Ini menunjukkan bahwa perlindungan Hak Kekayaan Intelektual terhadap industri kreatif masih sangat lemah karena beberapa faktor, yaitu; Kurangnya kesadaran publik / pelaku industri kreatif untuk mendaftarkan bisnis kreativitas mereka; Kurangnya / kurangnya pemahaman tentang komunitas / pemain industri mengenai perlindungan Hak Kekayaan Intelektual (HKI); Anggapan sebagian orang / pelaku industri kreatif untuk pengelolaan pendaftaran Hak Kekayaan Intelektual membutuhkan biaya yang cukup besar; Proses pendaftaran memakan waktu lama dan rumit.

Making Behavioralism Work

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Consumer Preferences ◽  
Psychological Research ◽  
Revealed Preferences ◽  
Consumer Sovereignty ◽  
Bright Line ◽  
Production And Distribution ◽  
External Incentives ◽  
The Universe

This chapter turns to the restoration of consumer sovereignty. It revisits the three recurrent principles set out in Chapter 1 and argues that antitrust and intellectual property laws must understand consumers in their full socially embedded complexity to promote progress. Only in this way can analysts respect, rather than suppress, consumer preferences that evince concern for less proprietary forms of production and distribution in a marketplace which is heavily fixated on consumerism and passive consumption. It points to a number of ingenious recent studies from the cognitive psychological research that demonstrate that revealed preferences and external incentives have been offered as bright line rules for directing the consumer’s attention primarily (and exclusively) to conventional manufacturing and distribution techniques, but that such physical and economic processes scarcely exhaust the universe of choices about which consumers express strong interest.

Navigating the Ethics of Big Data in Public Health

2019 ◽  
pp. 353-367
Author(s):  
Effy Vayena ◽  
Lawrence Madoff
Keyword(s):  
Public Health ◽  
Big Data ◽  
Credit Card ◽  
Health Sector ◽  
Public Health Research ◽  
Ethical Challenges ◽  
The Public ◽  
Health Community ◽  
Digital Disease Detection ◽  
The Public Sphere

“Big data,” which encompasses massive amounts of information from both within the health sector (such as electronic health records) and outside the health sector (social media, search queries, cell phone metadata, credit card expenditures), is increasingly envisioned as a rich source to inform public health research and practice. This chapter examines the enormous range of sources, the highly varied nature of these data, and the differing motivations for their collection, which together challenge the public health community in ethically mining and exploiting big data. Ethical challenges revolve around the blurring of three previously clearer boundaries: between personal health data and nonhealth data; between the private and the public sphere in the online world; and, finally, between the powers and responsibilities of state and nonstate actors in relation to big data. Considerations include the implications for privacy, control and sharing of data, fair distribution of benefits and burdens, civic empowerment, accountability, and digital disease detection.

scholarly journals The First Sale Doctrine and the Economics of Post-Sale Restraints

2016 ◽  
Author(s):  
Ariel Katz
Keyword(s):  
Intellectual Property ◽  
Vertical Integration ◽  
Common Law ◽  
User Innovation ◽  
Opting Out ◽  
Opt Out ◽  
Production And Distribution ◽  
First Sale ◽  
First Sale Doctrine

The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP owners to impose post-sale restraints on the distribution or use of items embodying their IP. While the doctrine has deep common law and statutory roots, its exact rationale and scope have never been fully explored and articulated. As a result, the law remains somewhat unsettled, in particular with respect to the ability of IP owners to opt-out of the doctrine and with respect to the applicability of the doctrine to situations of parallel importation.This Article provides answers to these unsettled issues. By applying insights from the economics of post-sale restraints, the Article shows that the main benefits of post-sale restraints involve situations of imperfect vertical integration between coproducing or collaborating firms, which occur during the production and distribution phases or shortly thereafter. In such situations, opting out of the first sale doctrine should be permitted. Beyond such limited circumstances, however, the first sale doctrine promotes important social and economic goals: it promotes efficient long-term use and preservation of goods embodying IP and facilitates user-innovation. Therefore, contrary to some other views, I conclude that the economics of post-sale restraints confirm the validity and support the continued vitality of the first sale doctrine.

scholarly journals Economics of knowledge and the governance of commons knowledge

2009 ◽  
Vol 1 (1) ◽  
pp. 29 ◽  
Author(s):  
Cristiano Antonelli
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Institutional Design ◽  
Economic Systems ◽  
Production And Distribution ◽  
Economic Good

Economics of knowledge provides new tools to study the features of knowledge as an economic good and new ways to understanding the governance of knowledge. This sheds new light upon the institutional design, the incentives mechanisms, including intellectual property rights, and the signalling devices that make it possible the organization of the production and distribution of knowledge in economic systems.

scholarly journals Psychotherapy Ethics in Twentieth-Century Literature

2020 ◽  
Author(s):  
Anna Magdalena Elsner
Keyword(s):  
Twentieth Century ◽  
Informed Consent ◽  
Therapeutic Relationship ◽  
Ethical Issues ◽  
Ethical Dilemmas ◽  
Literary Texts ◽  
Twentieth Century Literature ◽  
Ethical Challenges ◽  
Key Characteristics ◽  
Century Literature

Ethical issues arising in the practice of psychotherapy, such as confidentiality, boundaries in the therapeutic relationship, and informed consent, figure prominently in a range of twentieth-century literary texts that portray psychotherapy. This chapter analyzes the portrayal of these conflicts, but also stresses that they are often marginal to the overall plot structures of these narratives and that literary depictions of psychotherapy are often vague or even inaccurate concerning key characteristics of psychotherapeutic practice. Focusing on examples that either illustrate professionalism and the absence of ethical challenges in psychotherapy, or take up the ethical reservations that fueled anti-Freudianism or the anti-psychiatry movement, the chapter proposes that selected literary depictions of psychotherapy can play a key role in sensitizing therapists to the complex make-up of ethical dilemmas as well as illustrating the cultural and historical contexts of these dilemmas.

scholarly journals Pushing poverty off limits: quality improvement and the architecture of healthcare values

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Polly Mitchell ◽  
Alan Cribb ◽  
Vikki Entwistle ◽  
Guddi Singh
Keyword(s):  
Quality Improvement ◽  
Social Determinants Of Health ◽  
Social Determinants ◽  
Social Deprivation ◽  
Ethical Dilemmas ◽  
Determinants Of Health ◽  
Ethical Challenges ◽  
The Social ◽  
Significant Burden ◽  
Health Related

Abstract Background Poverty and social deprivation have adverse effects on health outcomes and place a significant burden on healthcare systems. There are some actions that can be taken to tackle them from within healthcare institutions, but clinicians who seek to make frontline services more responsive to the social determinants of health and the social context of people’s lives can face a range of ethical challenges. We summarise and consider a case in which clinicians introduced a poverty screening initiative (PSI) into paediatric practice using the discourse and methodology of healthcare quality improvement (QI). Discussion Whilst suggesting that interventions like the PSI are a potentially valuable extension of clinical roles, which take advantage of the unique affordances of clinical settings, we argue that there is a tendency for such settings to continuously reproduce a narrower set of norms. We illustrate how the framing of an initiative as QI can help legitimate and secure funding for practical efforts to help address social ends from within clinical service, but also how it can constrain and disguise the value of this work. A combination of methodological emphases within QI and managerialism within healthcare institutions leads to the prioritisation, often implicitly, of a limited set of aims and governing values for healthcare. This can act as an obstacle to a genuine broadening of the clinical agenda, reinforcing norms of clinical practice that effectively push poverty ‘off limits.’ We set out the ethical dilemmas facing clinicians who seek to navigate this landscape in order to address poverty and the social determinants of health. Conclusions We suggest that reclaiming QI as a more deliberative tool that is sensitive to these ethical dilemmas can enable managers, clinicians and patients to pursue health-related values and ends, broadly conceived, as part of an expansive range of social and personal goods.

scholarly journals The international economic discussion on intellectual property: Relevant aspects for the Brazilian health sector

RECIIS ◽  
2009 ◽  
Vol 3 (4) ◽  
Author(s):  
Ronaldo Fiani ◽  
Maria Claudia Vater ◽  
Letícia Galeazzi Winkler
Keyword(s):  
International Economic ◽  
Intellectual Property ◽  
Health Sector

scholarly journals To the 75th anniversary of the beginning of the Nuremberg trials and the creation of Nuremberg codex: global significance and the enduring lessons

2021 ◽  
Author(s):  
AG Chuchalin ◽  
YN Sayamov
Keyword(s):  
Health Sector ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Moral Foundations ◽  
Ethical Challenges ◽  
75Th Anniversary ◽  
Nuremberg Code ◽  
Voluntary Informed Consent ◽  
Nuremberg Trials

The article reveals the significance of the Nuremberg trials for rethinking the moral foundations of medicine; the role of the Nuremberg Code in the development of voluntary informed consent in clinical practice and in clinical trials, as well as its impact on the international legal regulation of the health sector is considered. The authors focus on the importance of the lessons of Nuremberg for understanding the ethical challenges that have emerged in the 21st century as a result of the development of artificial intelligence technologies, editing of the human genome and the emergence of new forms of parenting, largely associated with the achievements of new reproductive technologies.

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