Coexisting Intellectual Property Right Regimes

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Coexisting Intellectual Property Right Regimes

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Author : Sebastian v Engelhardt
language : de
Publisher: Sudwestdeutscher Verlag Fur Hochschulschriften AG
Release Date : 2011

Coexisting Intellectual Property Right Regimes written by Sebastian v Engelhardt and has been published by Sudwestdeutscher Verlag Fur Hochschulschriften AG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.

This book addresses a critical issue of the digital economy: how should intellectual property rights be defined? Is the "open source" method the promising new paradigm? Or do we better rely on traditional "closed source" principles? The answer is: we need both. Open source software (OSS) is marked by free access to the software and its source code, and is developed in a public, collaborative way. The success OSS has challenged the conventional wisdom of the role of intellectual property rights. However, this new paradigm has not completely replaced its counterpart closed source software (CSS). The study shows that both principles belong to the digital economy and that the coexistence is beneficial. It first analyzes the impact of institutional and cultural factors on the world wide allocation of OSS activities. The next part presents the rationale for both intellectual property right regimes, OSS and CSS. The third part analyzes the coexistence of firms with OSS- and CSS-based business models, compares the market outcome with the welfare-optimal result and discuss possible government interventions. Finally the study analyzes the difference between OSS- and CSS-based start-ups

Intellectual Property And Development Understanding The Interfaces

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Author : Carlos Correa
language : en
Publisher: Springer
Release Date : 2019-02-25

Intellectual Property And Development Understanding The Interfaces written by Carlos Correa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-25 with Law categories.

This book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law. The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.

Coexisting Intellectual Property Right Regimes The Case Of Open And Closed Source Software

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Author : Sebastian von Engelhardt
language : en
Publisher:
Release Date : 2010

Coexisting Intellectual Property Right Regimes The Case Of Open And Closed Source Software written by Sebastian von Engelhardt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.

Reforming Intellectual Property Right Regimes In Developing Countries

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Author : The Emirates Center for Strategic Studies and Research
language : en
Publisher:
Release Date : 2001

Reforming Intellectual Property Right Regimes In Developing Countries written by The Emirates Center for Strategic Studies and Research and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.

The Oxford Handbook Of Intellectual Property Law

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Author : Rochelle Cooper Dreyfuss
language : en
Publisher: Oxford University Press
Release Date : 2018

The Oxford Handbook Of Intellectual Property Law written by Rochelle Cooper Dreyfuss and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

Intellectual Property Rights

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Author : R. Michael Gadbaw
language : en
Publisher: Westview Press
Release Date : 1988-02-18

Intellectual Property Rights written by R. Michael Gadbaw and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-02-18 with Law categories.

Protecting Intellectual Property Rights

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Author : Robert P. Benko
language : en
Publisher: American Enterprise Institute Press
Release Date : 1987

Protecting Intellectual Property Rights written by Robert P. Benko and has been published by American Enterprise Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.

Policymakers responsible for American trade policy have become increasingly concerned with intellectual property issues. This volume is based on the premise that there is confusion over the details of intellectual property law and enforcement in international markets. Discussing the emerging trade related intellectual property issues, Benko attempts to clear up some of this confusion. This monograph provides essential definitions, a review of the existing legal regime, an introduction to the history and economics of intellectual property rights, and a summary of the major policy issues. It also offers some suggestions for additional research. ISBN 0-8447-3617-1; ISBN 0-8447-3622-8 (pbk.): $5.27.

The Global Regime For The Enforcement Of Intellectual Property Rights

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Author : Xavier Seuba
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26

The Global Regime For The Enforcement Of Intellectual Property Rights written by Xavier Seuba and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Business & Economics categories.

A complete picture and thorough analysis of the international norms and bodies dealing with the enforcement of intellectual property rights.

Intellectual Property Right Regimes Firms And The Commodification Of Knowledge

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Author : Benjamin Coriat
language : en
Publisher:
Release Date : 2009

Intellectual Property Right Regimes Firms And The Commodification Of Knowledge written by Benjamin Coriat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Capitalism categories.

Human Rights Limitations In Patent Law

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Author : Geertrui Van Overwalle
language : en
Publisher:
Release Date : 2015

Human Rights Limitations In Patent Law written by Geertrui Van Overwalle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.

The relationship between human rights and intellectual property (IP) rights has been under-theorized for a long period. IP rights have remained a “normative backwater” in the burgeoning post-World War II human rights movement. Only over the last decade, human rights discourse has gained wider attention and commentators have started to explore the relationship between IP and human rights in more detail. Two major approaches can be witnessed. A first school of thought takes the view that human rights and IP are in fundamental conflict. Strong IP protection is undermining, and therefore incompatible with, a broad spectrum of human rights obligations, especially in the area of economic, social and cultural rights. This approach can be witnessed in Resolution 2000/7, which stipulates that “Actual or potential conflicts exist between the implementation of the TRIPs Agreement and the realisation of economic, social and cultural rights.” Resolving this conflict lies in the recognition of the primacy of human rights law over IP law and in viewing IP as instruments designed to fulfill human rights objectives. A second way of thinking claims that human rights and IP are essentially compatible and can coexist. Indeed, human rights and IP focus on the same fundamental question and share the same goal. Both human rights and IP rights aim at enhancing welfare and the benefit for society. Both legal regimes equally try to define appropriate scope of private rights, while safeguarding public interest. A clear exponent of this attitude is reflected in the International Covenant on Economic, Social and Cultural Rights (ICESCR). The present paper aims at exploring the delicate relationship between the human rights pantheon and the patent framework in more depth. The normative perspective underlying the present paper is that human rights can coexist with IP rights. Human rights are valuable and necessary complements of patent rights. Human rights serve as a counter balance of patent rights when centering too one-sidedly on trade, access to markets and economic calculus. For patent law to be widely accepted and generally recognized as a tool fostering both private and public interest, it is vital that current patent law regimes are inextricably linked with human rights discourse, and that human rights assist in defining the utter limits of patent rights. Patent law should be moulded as a human rights compliant legal framework to promote innovation. The normative claim put forward in the present paper is based on a reassessment of the notion of public interest in patent law and an analysis of human rights treaties. Human rights can be factored into patent law, through the gateway of public interest. A post-modern interpretation of public interest will prove to offer a more then skeletal basis for taking into account human rights into patent law, and to have prompted new human rights standards in the patent law system. The present paper focuses on human rights and human values, and draws attention to civil, political, economic, social as well as cultural rights. Human rights and values which are considered here as particularly relevant are human dignity, the right to food, the right to informed consent, the right to protection, the right of access to public health, the right to education and research, and the right of access to information. These human rights and values fulfil different functions in a patent law context. Some rights and values, such as human dignity and the right to food, act as a basis to limit the coming into existence of patent rights in certain fields. Other rights, such as the right to informed consent and the right of protection as translated in an origin requirement, act as a means to implement procedural guarantees in the patent application procedure. Yet other human rights, such as the right of access to public health and the right to education and research serve as limitations with regard to the exercise of patent rights. Although the right of access to information fits into this last category at first sight, it has a somewhat ambiguous position in the human rights and patent rights debate. Before embarking on a further analysis, some clarification regarding the concepts and terminology used is offered. The paper concludes that human rights and IP, two bodies of law that were once strangers, have now become increasingly intimate bedfellows. Human rights should feed into patent law in complementary manner. Patent law is an autonomous legal system of its own kind, with an intrinsic raison d'être. It is an instrument, a legal tool, aiming to serve both private and public objectives, both reward for innovation and societal well being through the production of new goods and services. Human rights are valuable and necessary complements of the patent system. They feed into the objective of public interest in patent law. They serve as a counter balance of patent rights centering too one-sidedly on trade, access to markets and economic calculus. For patent law to be widely accepted and generally recognized as a tool fostering both private and public interest, it is vital that current patent law regimes are inextricably linked with human rights discourse, and that human rights assist in defining the utter limits of patent rights. As has become clear from the exploration in the present paper, the respect for human dignity introduces certain limits on patentable subject matter in patent law, in order to safeguard the rights of human beings and human embryos. The right to food opens an avenue to impose restrictions in patent law in the interest of consumers. The right of informed consent invites patent law to be cautious in respect of the rights of donors of human biological material, testees and patients, and the rights of traditional knowledge holders. The human right to access to public health safeguards the rights of patients, by limiting the rights of patentees through the introduction of a compulsory license system, whereas the right to research is safeguarded for researchers entering well defined areas of exploration. Finally, the right of access provides adequate trajectories for innovators or users, to have efficient access to technological innovations and improvements through the disclosure requirement. When assessing patent law through the lens of human rights law, some issues remain unresolved. First, some unclarities as to concepts and scope live on. Second, the lack of enforceability of various human rights is problematic. Third, factoring human rights into patent law, might give rise to increasing legal uncertainty. Given the expanding nature of human rights and applying a universal and holistic approach of human rights in a patent law context might run counter to legal certainty. Legal certainty might require a more distinct approach, where a clear and limited catalogue of human rights, which have to be taken into account in a patent context, is provided. However, designing a closed list of human rights seems inadequate, as patent rights may be limited and restricted for a multitude of reasons (see article 4 IVESCR). Fourth, the relationship between human rights and human values remains unclear and controversial. This might also create problems of legal (un)certainty as well. Last but not least, it is not yet fully clear what the exact relationship is between the well know twin concept in patent law of ordre public & morality, and human rights. Notwithstanding some remaining unsettled issues, great effort should be put into taking full account of human rights considerations in patent law and into making a human rights approach in patent law even more explicit and exacting. For patent law to be widely accepted and generally recognized as a tool fostering both private and public interest, it is vital that current patent law regimes are inextricably linked with human rights discourse, and that human rights assist in defining the utter limits of patent rights.