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Dissertations / Theses on the topic 'Intellectual Property Law International IT and Media Law'
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1
Johnson, Phillip Michael. "Private international law, intellectual property and the Internet." Thesis, Queen Mary, University of London, 2005. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1829.
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Intellectual property is a territorial right; yet despite this there are a number of international treaties mandating standards. Historically, this has allowed private international law and intellectual Property to ignore each other. With the advent of the Internet this benign neglect has not only ended, but there has been a flood of new ideas on reconciling the territoriality of intellectual property with the global nature of the Internet. These new approaches attempt to deal with the problems associated with international intellectual property litigation - the uncertainty of which law applies, multiplicity of claims andforum shopping - each of which increases the cost for both users and proprietors of intellectual property. This thesis examines these approaches, using wealth maximisation and economic efficiency, and determines that none of themfits within the constructs of an efficient solution. However, the proposalfor a single applicable law, enabling consolidation, is seized upon as efficient. It then follows that the principle of consensual exchange, enabling private parties to agree which court has jurisdiction and which law applies (rather than States mandating these matters), is the efficient solution to the selection problem. This consensual exchange proposal contains two paradigms - the bilateral and the unilateral - which in turn are broken down into ten propositions. The bilateral paradigm permits parties to select not only the jurisdiction to adjudicate the dispute, but also the universal applicable law. The unilateral Paradigm uses the doctrine actor sequitur forum rei, with the universal applicable law being selected ex ante by the proprietor. Finally the propositions are placed within the context of international, regional and domestic law (of the four target jurisdictions: England and Wales, the United States, France and Germany) and questions of compatibility are assessed.
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Bhattacharya, Raja. "Intellectual property rights in outer space." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78203.
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Private entities, investing billions of dollars, as a matter of reasonable commercial corporate expectations, want to be protected against undue use, exploitation and copying of their technology and inventions which they have put into their space ventures (often termed as 'theft') by any third party. States, to secure an environment friendly to such generation, use and transfer of intellectual property rights (IPRs) in outer space, have initiated applying and/or extending their national IP laws into outer space either in form of a statute or a multilateral agreement. This may have both commercial and political significance.This thesis deals with IP issues in international perspective (with reference, however, to some leading national IP legislation when and where it is necessary) with special reference to the contemporary legal regime governing outer space. While emphasizing the existing legal regime relating to IPRs in outer space, it explores the possibility of commercial exploitation of IPRs made in space and on ground through the existing international trade system. The increasing importance of cooperation between the World Intellectual Property Organization and World Trade Organization in this regard is also examined, against the back drop of space activities and the outer space legal regime relating to IPRs. (Abstract shortened by UMI.)
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Nasir, Saeed. "The evolution of global intellectual property instruments into trade related intellectual property rights (TRIPS) and its ineffectiev enforcement in the developed world a case study : a thesis submitted to Auckland University of Technology in fulfilment [sic] of the requirements of the degree of Master of Philosophy (MPhil), 2008." Click here to access this resource online, 2008. http://hdl.handle.net/10292/673.
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Davis, Tara M. "International intellectual property rights : effectiveness of incentives for enforcement." Virtual Press, 2008. http://liblink.bsu.edu/uhtbin/catkey/1390656.
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In this technological age the distribution of information happens faster and easier than ever before. This ease of transfer of information brings challenges for international intellectual property rights protection. It addresses reasons governments work to increase enforcement and reasons governments do not comply with enforcement protocols. It assesses the pressure international agreements and incentives exert on governments to produce compliance. This paper evaluates 76 countries in three non-consecutive years on their level of enforcement. It includes a discussion of contributing factors to government choice in interaction and enforcement. The question of enforcement incentives is addressed both across time and across countries.Department of Political Science
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Bouvet, Isabelle. "Certain aspects of intellectual property rights in outer space." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq64265.pdf.
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Chiarolla, Claudio. "Intellectual property and environmental protection of crop biodiversity under international law." Thesis, Queen Mary, University of London, 2009. http://qmro.qmul.ac.uk/xmlui/handle/123456789/446.
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In agricultural research, plant genetic resources (PGR) are “non-traditional infrastructural resources”, which may generate higher social value and positive externalities if they are managed in an openly accessible manner. The privatisation of crop biodiversity is based on the assumption that the internalisation of these externalities is the panacea to fostering private research investment. However, if the domestic plant breeding and biotechnology capacity is limited, the above normative approach may fall short of expectations because the social costs of establishing or strengthening exclusion rights are higher than their social benefits. The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is the only international agreement whose normative approach reflects in part this economic reality. However, its constructively ambiguous intellectual property rights-related provisions do not effectively fence off crop biodiversity from private appropriation. Besides, the desire of most countries not to prejudice the negotiation of an international access and benefit sharing regime under the UN Convention of Biological Diversity may prevent the extension of the ITPGRFA’s “commons” management principles to a larger number of essential food crops. The scope of this study, which focuses on PGR and agricultural innovation, derives from the paramount importance that both the design and allocation of rights in these areas might have for global food security. The innovation system perspective shows that social and economic development depends on the institutional context in which technological change occurs. Finally, the study of the transition between property regimes shows that the global reform of the institutional arrangements, which govern the present and future allocation of wealth from agriculture, is insufficient to achieve international equity so as to meet the target of reducing the proportion of people who suffer from hunger in accordance with goal 1 of the Millennium Development Goals.
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Lassonde, Marie-Claire. "The protection of indigenous medicinal knowledge in international intellectual property law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78220.
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For 20 years, and more intensively during the last decade, indigenous knowledge has challenged the regime of intellectual property. If this field of law has been, in the past, challenged by new technology, it is now, with the problematic of indigenous medicinal knowledge, put to the test by "old invention". The present thesis examines the status of indigenous medicinal knowledge in international intellectual property law. Thus, we will proceed to the study of the main international conventions and the common regime of intellectual property law in order to determine the treatment accorded to medicinal indigenous knowledge within the actual system. The role that intellectual property could play in the future will also be examined.
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Barratt, Amanda. "The battle for policy space : strategic advantages of a human rights approach in international intellectual property negotiations." Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4431.
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Includes abstract.Includes bibliographical references (leaves 310-370).
The patent system exists to encourage the development of new products from which society will benefit. The strength of protection awarded to patented products is a policy decision, allowing states to balance the monopoly rights of patent-owners against the inherent social costs of monopoly protection. The effective policy space within which states may establish domestic patent policy is increasingly circumscribed by international rules prescribing minimum protection levels regardless of local circumstances or consequences. In international negotiations, developing states have attempted to resist policy space curtailment using arguments that rely on foundational principles of the intellectual property system: its public purpose and its commitment to balancing costs and benefits. This negotiating stance has not been effective; its opponents counterargue that stronger patent protection achieves the same ends. This dissertation examines the resulting circular discussions at the 2001-2003 Doha negotiations and the WIPO Development Agenda talks since 2004. I argue that the impasse stems from an inability to move beyond the costs-benefits tension inherent in the patent system. Economists have been unable to resolve this tension by identifying optimal protection levels. Furthermore, intellectual property theory is unable to provide a bottom line at which the short-term social costs of patent monopolies must be deemed unacceptable, regardless of anticipated longerterm benefits. The developing states' negotiating stance will be strengthened if a bottom line can be identified. I argue that the International Covenant on Economic Social and Cultural Rights provides benchmarks to fulfil this function. ICESCR obligations are specific, objective, and measurable; they have international legitimacy; and they bind almost all states. I examine the Article 12 right to health to show that states violate the ICESCR if they ratify other treaties which reduce policy space and make it more difficult for states to adopt policies to meet their domestic or extraterritorial obligations. I also examine Article 15, concluding that it is insufficiently developed to offer firm guidelines. I use insights from international relations theory to examine the practical possibilities of adopting a human rights-based approach, and argue that the strategy will become progressively more effective as human rights norms are internalized through the negotiating process and by other means.
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Wang, Xiaorong 1979. "International copyright and developing countries : the impact of the TRIPs Agreement." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82674.
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The promulgation of the TRIPS Agreement marks a new direction for international copyright: copyright protection has been put under the auspices of the world trading system. During the arduous negotiations, developing countries played a minor role due to the unilateral trade threats exerted by the United States. As a result, the final text of the TRIPs mainly mirrors the domestic copyright legislations of those developed countries.The question of what impact the TRIPs will have on developing Member States has triggered hot debates. While acknowledging that a short-term negative impact is likely, the long-term effects of a strengthened copyright regime in those countries are hard to predict at this time. The author uses China as a case study to illustrate the difficulties that developing nations might have in implementing and enforcing such heightened copyright standards. Moreover, possible solutions to minimize any adverse effects of the TRIPs Agreement are discussed.
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Marais, Richard. "Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31006.
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This thesis examines international approaches to musical work copyright infringement law for the purpose of establishing an approach that can be utilised effectively under the South African copyright infringement framework. In doing so, the importance of the various interactive elements of musical works is investigated as well as the modes of assessment in infringement scenarios. The findings are used to create a robust middle-ground approach to be adapted into the South African copyright infringement framework. Further considerations that impact infringement outcomes are addressed to the extent that they are contextually relevant. These include a discussion of research undertaken on the continent regarding the relationship between creators and the music-related copyright regime as well as the role that exceptions and limitations play in infringement outcomes.
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Guneratne, Camena Erica. "Genetic Resources, Equity and International Law." The University of Waikato, 2009. http://hdl.handle.net/10289/2475.
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This thesis examines the application of international law to the uses of agricultural crop plants termed plant genetic resources for food and agriculture. In particular, it asks the question, does international law regulate the use of plant genetic resources for food and agriculture so as to enable equity among nations in accessing these resources and sharing the benefits which arise from them? In answering this question this thesis will also consider several related issues which have arisen in the course of the international debate on this topic. These resources are closely entwined with the lives and livelihoods of certain categories of peoples such as indigenous peoples and farmers and local communities. In addition, they are critical for the economies, agricultural systems and food security of nations. The thesis question will not be considered in the abstract, but will rather be placed against the background of these issues, which will be continuously used to put the legal discourse into perspective. The legal analysis will focus on five international agreements which directly or indirectly regulate the use of crop plants. These five agreements are placed in two broad categories, i.e. environmental/conservation agreements and trade and property related agreements. The first category includes the Convention on Biological Diversity of 1992 and the International Treaty on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organisation of 2001. The second category includes the Convention for the Protection of New Varieties of Plants of 1991, the Agreement on Trade Related Aspects of Intellectual Property Rights of 1994, and several treaties of the World Intellectual Property Organisation. In addition, since the topic raises issues of rights, certain human rights treaties and documents will also be used in the analysis. The current international conflict over plant genetic resources can be condensed into one of rights, human rights and property rights. The international treaties cited above have all contextualized the issue within a framework of property rights, setting out mechanisms for different forms of legal control of these resources. This thesis will argue that whatever the form and nature of such property rights, they cannot achieve equity in the use of crop plants. Rather the use of such rights results in violations of human rights.
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Ventimiglia, Andrew. "Spirited Possessions| Media and Intellectual Property in the American Spiritual Marketplace." Thesis, University of California, Davis, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10036192.
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This dissertation explores the role that intellectual property law plays as it influences the circulation and use of religious goods in contemporary religious organizations in the United States. The coherence of many modern spiritual communities no longer lies in a centralized institution like the church but instead in a shared dedication to sacred texts and other religious media. Thus, intellectual property law has become an effective means to administer the ephemeral beliefs and practices mediated by these texts. I explore a number of cases to demonstrate how intellectual property law can be used to maintain and adjudicate social relations rather than simply determining the proper allocation of ownership over a contested good. This project uses a number of select case studies – the legal battles of the Urantia Foundation and Worldwide Church of God, Scientology’s lawsuits against Internet Service Providers, the practice of sermon-stealing as it relates to the growth of sermon databases – to examine how religious communities ethically justify forms of ownership in religious goods and to highlight the incongruities between theories of authorship, originality and ownership within spiritual communities and those embedded in the law. I conclude that religious property owners construct innovative strategies for knowledge production and distribution as they mobilize IP to organize social and spiritual communities, care for and protect sacred goods, produce new articulations of spiritual identity, and even use the prohibitions of law to enchant material forms.
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Juras, Camille. "International intellectual property disputes and arbitration : a comparative analysis of American, European and international approaches : the search for an acceptable arbitral site." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80932.
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This paper compares the arbitral procedures used in different legal systems and evaluates their suitability for international intellectual property disputes. By doing so, it will identify many obstacles to the realization of an international arbitral regime responding to intellectual property disputes.
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Ombella, John S. "Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8927_1213866323.
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This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and non-commercialization. It was thus centered on the emphasis that, while the African countries are still insisting on the need to have amendments done to the TRIPS Agreement, they should also establish regulations in their domestic laws to protect traditional knowledge from being pirated. This emphasis was mainly raised at this time due to the wide spread of bio-piracy in African local societies by the Western Multinational Pharmaceutical Corporations.
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Lundstedt, Lydia. "Territoriality in Intellectual Property Law : A comparative study of the interpretation and operation of the territoriality principle in the resolution of transborder intellectual property infringement disputes with respect to international civil jurisdiction, applicable law and the territorial scope of application of substantive intellectual property law in the European Union and United States." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-133470.
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The principle of territoriality is a truism in intellectual property (IP) law. A premise underlying the principle is the right of each state to determine the extent to which IP rights exist and are protected within its own territory to fulfil its own economic, social and cultural policy goals. This is done by giving a right to prevent others from doing within the protected territory any of the acts that are exclusively reserved to the right holder under the IP statute that granted or protects the IP right. The principle of territoriality informs that IP rights granted or protected by a state are independent from those granted or protected by other states, and that the rights conferred under each state’s IP law are limited to the territory of that state. As the principle of territoriality neatly allocated jurisdiction among states on a territorial basis, it purportedly obviated the need for private international law. Each state exercised jurisdiction over the infringement of its own rights and applied its own domestic IP law, which served the interests of the states and of the parties. With the increase in the protection and exploitation of IP rights across national borders, infringements do not remain within hermetically sealed national territories. Acts taken in one state can have effects in other states and impair the policies that the rights were designed to fulfil. This raises questions concerning the territorial scope of application of the domestic IP law, that is, whether it is interpreted with respect to a domestic tangible act, effects on a domestic policy goal or both. In addition, the transborder exploitation of IP rights raises questions of private international law with respect to whether states exercise jurisdiction and apply national law to disputes concerning infringements of their domestic rights or whether states exercise jurisdiction and apply national law to disputes arising from acts committed in their territories (or both). These determinations may depend on different factors such as the different interests taken into consideration (e.g. state or party interests), the different legal traditions upon which the legal systems are based and the characteristics and functions of the IP rights themselves. This dissertation compares the interpretation and operation of the principle of territoriality of IP law in the private law resolution of transborder IP infringement disputes in the legal systems of the European Union and the United States, two distinctly different legal systems that have significant trade and investment relations with each other. The comparison shows that while the systems are functionally similar, the principle of territoriality is interpreted and operates somewhat differently in the two legal systems.
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Vetter, Henning. "International and selected national law on bioprospecting and the protection of traditional knowledge." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1427_1183465033.
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This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws.
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Shanker, Daya. "Fault lines in the World Trade Organization an analysis of the TRIPS Agreement and developing countries /." Access electronically, 2004. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20060724.115002/index.html.
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Hitsevich, N. "Intellectual property rights infringement on the Internet : an analysis of the private international law implications." Thesis, City, University of London, 2015. http://openaccess.city.ac.uk/17914/.
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The topic “Intellectual Property Rights Infringement on the Internet: An Analysis of the Private International Law Implications” has become increasingly important as the Internet has revolutionized the traditional understanding of the rules of private international law which govern the determination of jurisdiction in the case of intellectual property rights infringement over the Internet. The private international law of intellectual property has until recently been both straightforward and based on traditions, geographical boundaries and physical space. However, the ubiquitous nature of the Internet has brought new challenges in the area of the private international law of intellectual property, which lawmakers, judges and lawyers have to deal with. In particular, the private international law of intellectual property needs somehow address the fact that many of the actions and effects of intellectual property rights infringement within the territory of a particular Member State will not actually have physically taken place there. For example, material protected by intellectual property law can be uploaded in one state, downloaded in another, and viewed in a large number of other states. This means that the intellectual property rights infringers and the owners of intellectual property rights are often miles apart, while the infringers might never have set foot in the country or region where the harm occurs. Moreover, damage is typically suffered in multiple states simultaneously. Therefore, the question of which national authorities have jurisdiction over matters theoretically located in cyberspace is the first point of interest for every intellectual property rights owner whose rights are infringed over the Internet. Thus, the main aim of this work is to identify the problems and provide jurisdictional solutions with regard to the application of the existing jurisdictional rules according to the Council Regulation 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters in the case of intellectual property rights infringement over the Internet. For without clear and effective jurisdictional rules of intellectual property rights infringement over the Internet, the internal market cannot function properly.
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Knopf, Howard P. "Intellectual property, free trade and the free flow of goods: A study of the "exhaustion" issue in international trade." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/10525.
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Pugatch, Meir Perez. "The international political economy of intellectual property rights : the TRIPs agreement and the advanced pharmaceutical industry in Europe." Thesis, London School of Economics and Political Science (University of London), 2002. http://etheses.lse.ac.uk/2284/.
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The thesis explores the manner in which the R&D-based pharmaceutical industry in Europe organised and operated between 1995 and 1999 in order to secure its interests with regard to the agreement on trade-related aspects of intellectual property rights (TRIPs) of the World Trade Organisation (WTO). The TRIPs agreement represents a major increase in the global protection of intellectual property rights (IPRs). In fact, the agreement contradicts the general direction of the WTO, i.e. trade liberalisation, since it increases the monopolistic features of international trade in knowledge products. The research was motivated by one basic and fundamental question: why and how is such a strong international intellectual-property agenda in place. A pure economic approach does not provide a sufficient and satisfactory explanation for the creation of IPRs. For example, economists cannot conclude whether patents confer a net benefit or entail a net loss to society. This is due mainly to the structural trade-off built into the patent system: that by aiming to increase the amount of available knowledge in the future, the system represses the free and widespread use of available knowledge in the present. The international IP system, as exemplified by TRIPs, is even more difficult to explain in purely economic terms, particularly with respect to the uneven distribution of IPRs between "northern" and "southern" countries. The importance of IPRs to future economic growth, foreign direct investment and technology transfer is also in dispute. As an alternative to an explanation based on global welfare, the thesis suggests that a dynamic approach, based on the international political economy of interest groups and systemic outcomes, provides a better starting point for explaining how the international intellectual property agenda (TRIPs) was determined. This approach is tested here by focusing on the strategies, organisation, and actions of the R&D-based pharmaceutical industry in Europe and its IP allies, which aimed at preserving and exploiting the TRIPs agreement. Using their highly sophisticated and well-coordinated organisational build-up, the advanced pharmaceutical industry in Europe and its IP allies were able to mobilise regional authorities, such as the European Commission, in order to protect their current international IP achievements. This was despite opposition to the TRIPs agreement from developing and least-developed countries, which became particularly fierce in 1999.
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Sant'Anna, Michele de Aguiar. "Intellectual property rights and protection of traditional knowledge : emerging challenges and the role of international legal order." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2291720.
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Sotelo, Alejandro. "Enforcement of intellectual property rights and transfers in Mexico within the North American context." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78231.
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This dissertation analyzes the process of harmonization of intellectual property laws in Mexico within the North American context. It examines the political and economic driving forces behind such harmonization and the deregulation of technology transfer agreements. Furthermore, in the context of NAFTA, the dissertation studies, from the legal perspective, the problem of the enforcement of intellectual property rights in Mexico. Technical problems are identified and recommendations for the legal system are provided for the appropriate enforcement of intellectual property laws.
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Ho, Dik Hong Duncan. "The practice and effectiveness of international dispute resolution platforms in the protection of intellectual property rights." access full-text access abstract and table of contents, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22013696a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007.Title from PDF t.p. (viewed on Sept. 7, 2007) "A dissertation submitted in conformity with the requirements for the degree of Master of Arts in arbitration and dispute resolution." Includes bibliographical references.
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Dajani, Ola Fouad. "Genetic resources under the CBD and TRIPS : issues on sovereignty and property." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78178.
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Coming together to save the Earth. Ten years have passed since the Earth Summit in Rio created such passion and expectations. Whether the Convention on Biological Diversity has met those expectations or not vary from person to person.Evidently, the Convention on Biological Diversity is complex, not only in its language, but also in its attempt to balance between conservation and sustainable use, and between the providers of and benefiters from biological diversity.
Subsequent to its conclusion, the Parties have strived to achieve these objectives. This thesis attempts to assist in this process by exploring the means of implementing the Convention on Biological Diversity and their consequences.
The scope of the thesis is limited to the matters of sovereignty rights and access to genetic resources, in an effort to clear up the uncertainties in the applications of these components. This thesis attempts to contribute a pragmatic perspective to these matters, which, at their core, rely on the crossing points in the implementation of the Convention on Biological Diversity and the Agreement on Trade-Related Aspects of Intellectual Property Rights. This thesis focuses on ways to reconcile property rights in genetic resources with patent rights in invention using genetic resources. It proposes one interpretation of property rights in genetic resources so as to avoid any conflict with patent rights and accordingly, avoid conflict between the requirements of the Convention on Biological Diversity and those of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
I hope that the views and proposals expressed in this thesis will be considered along with other diverse approaches to the implementation of the Convention on Biological Diversity.
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Al-Sharieh, Saleh. "A Roadmap for Assimilating Authors’ and Users’ Human Rights into International Copyright Law." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31359.
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This thesis argues that international copyright law should play a stronger role in the implementation of authors’ and users’ international human rights. In international human rights law, authors’ and users’ human rights are two sides of the same coin: both derive from human dignity and contribute to the development of the human personality. Authors have a set of moral and material interests that entitle them, as a minimum, to an adequate standard of living, to be (or not to be) associated with their intellectual works, and to object to any distortion or mutilation of those works. These entitlements receive a viable back up protection from authors’ human rights to freedom of expression and property. At the same time, users have human rights in culture, arts, and science that entitle them to access, use, and share intellectual works. Also, their human rights to freedom of expression and education reinforce these entitlements. Authors’ and users’ human rights are reciprocal, mutually-reinforcing, and mutually-limiting. Thus, their balanced implementation—by means of legislation or adjudication—depends on three rules: authors’ and users’ human rights are limited, they are not hierarchal, and they are interdependent on and indivisible from other human rights and freedoms.
On the other hand, despite its practicality and predominance, the exclusive-right system of international copyright law does not necessarily enable authors to achieve an adequate standard of living, and TRIPS has explicitly overlooked their moral interests. Similarly important, the nature and nurture of international copyright law do not give due weight to users’ human rights. International copyright law includes very few mandatory exceptions and limitations, which are supposed to address users’ rights by granting them some liberties or immunities when using intellectual works, but states’ ability to devise new exceptions and limitations is curtailed by the three-step test. Overall, international copyright law fails to meet the balance requirements of international human rights law since it creates a set of hierarchies between the rights it regulates, sometimes fails to recognize the limited nature of authors’ rights, and is inattentive of copyright’s impact on the whole corpus of international human rights.
The thesis suggests that international copyright law should become clearer— and more interested—in implementing the international human rights of authors and users of intellectual works. It can do so by incorporating as an objective the implementation of authors’ and users’ human rights in a balanced manner. This objective can function as a ground rule on which further measures necessary for the implementation of authors’ and users’ human rights may rely. In addition, it can provide normative support to some scholars’ proposals for reforming international copyright law.
The new objective of international copyright law may become part of the regime through amending TRIPS, interpreting its provisions by the WTO panels and Appellate Body, or establishing a new international copyright instrument.
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Gu, Weishi. "The impact of foreign intellectual property rights protection on U.S. exports, FDI, and licenses." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 78 p, 2008. http://proquest.umi.com/pqdweb?did=1605143631&sid=4&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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Lin, Min. "Modernizing the laws for the collateralization of intellectual property : China in a world perspective." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2291555.
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Lamlert, Wariya. "International uncertainty in the exceptions for individual use in copyright law : a comparative study of Australia and Thailand /." Canberra, 2007. http://erl.canberra.edu.au/public/adt-AUC20080912.140432/index.html.
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Baloyi, Jele Joel. "Intellectual property, entrepreneurship and the music industry :a new ray of hope for enhancing African international trade capacity? A South African case study." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This thesis aimed to examine the prevailing international intellectual property regime as embodied especially in the TRIPS Agreement, for purposes of outlining some of the criticisms levelled against it especially by the less developed world. The work aimed to illustrate how, despite the imperfections of the system, certain intellectual property rights could still be used strategically by African countries to bolster the entrepreneurial spirit, in the form of musical entrepreneurship for purposes of enhancing their international trade capacity.
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Alharbi, Meshal Nayef. "Trademark and patent disputes in Saudi Arabia : an analysis of private international law." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/13858.
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The subject of the conflict of laws and arbitration in intellectual property rights is a complicated topic to research, because the normal rules of private international law and arbitration can be affected by the special characteristics of patents and trademarks. Some rules of these subjects might need to be reformed and in some cases there are principles that should be created to successfully handle cross-border disputes concerning patents and trademarks. Establishment of a special court with supranational jurisdiction may be required to resolve these types of disputes. Recently, this subject has been given enormous attention around the world. While the academics, legislators and forums in developed states have broadly discussed the subject of conflict of laws and arbitration in intellectual property rights, in Saudi Arabia, it has not been given noticeable attention. This thesis intends to make a significant contribution to Saudi law and provide appropriate approaches on the subject of conflict of laws and arbitration in intellectual property rights. The topics which will be covered in this thesis are the rules of international jurisdiction, the rules of choice of law, the rules for enforcement of foreign judgments and the rules of arbitration. The modification and the enhancement of the rules of private international law and arbitration established in Saudi law will be recommended and the arguments for each suggested approach will be presented.
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Liu, Ya-Ju. "Enacting and enforcing international intellectual property law in China : an analysis of the responses of the US and the EU." Thesis, Manchester Metropolitan University, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.442706.
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Naim, Nadia. "An examination of the intellectual property regimes in the Gulf Co-operation Council (GCC) states and a series of recommendations to develop an integrated approach to intellectual property rights." Thesis, University of Bradford, 2015. http://hdl.handle.net/10454/17386.
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This thesis aims to examine the intellectual property regimes in the Gulf Co-operation Council (GCC) states and assess the relationships between legislation, enforcement mechanisms and sharia law. The GCC states, currently Bahrain, Oman, Kuwait, Saudi Arabia, UAE and Qatar, all have varied mechanisms in place for both the implementation and enforcement of intellectual property rights. The thesis pays close attention to the evolution of intellectual property laws and regulations in the GCC states with particular interest directed towards the development of national intellectual property laws within the GCC states from the 1970’s onwards1.
Intellectual property protection in the GCC states is considered from two perspectives. The first perspective addresses the international demand for higher standards of intellectual property protection in the GCC states. The second perspective defines intellectual property within the laws of Islam and explores the relationship between Islam and intellectual property. The latter part analyses religious influence, societal and cultural norms, economic reality and the developmental stage of each GCC state. It is an important area of study as developing Muslim countries are struggling with meeting international standards and a successful integrated framework will impact not only on GCC states but other Islamic states and as a result could potentially lead to more informed negotiation in trade agreements with developed states. The research argues there are systematic flaws in the GCC states adopting intellectual property laws which are in essence a procrustean modification of foreign laws which have developed from colonial occupation or laws taken from donor countries. The GCC legal systems of the states have evolved utilising different sets of legal principles and therefore it could be argued the foreign laws that have been adopted are somewhat unsuitable for the GCC states.
The research has focused on the implications of the national and international legislative regimes on the protection of intellectual property rights on the GCC states. Consideration is given to compliance, mainly how compliant the GCC is to its World Trade Organisation (WTO) membership and Trade Related Intellectual Property Rights (TRIP’s) Agreement and to what extent the European Union (EU) and the United States (US) influence the intellectual property protection regimes in the GCC. The research has examined the development of the GCC in three distinct stages; pre-TRIPS, TRIPS compliance stage and TRIPS plus.
Furthermore, the thesis argues that the somewhat simplistic formula of the GCC states passing a large number of intellectual property laws to appease the EU and US does not have the significant economic impact on the GCC economy as the international agreements would suggest. Not all trade is intellectual property related and not all foreign direct investment is contingent upon intellectual property protection. However, as the GCC states are largely oil dependent, they do need to diversify their trade and as such an intellectual property protection model that accounts for international intellectual property law and the bespoke cultural and religious views amongst GCC citizens can produce tangible results for both the GCC and its trading partners. What sets the research apart from previous research is two-fold. Firstly, the research is qualitative and has scratched beneath the surface of intellectual property law in the GCC and examined in detail the Islamic law principles that have been used to justify sharia compliance, the western perspective on international intellectual property and the impact of multilateral trade agreements. Secondly, the analysis of Islamic finance and the application of successful sharia compliant models in Islamic finance to intellectual property is innovative as it acts as a springboard to creating a modified sharia compliant intellectual property protection model. Finally, the thesis will conclude by making a series of recommendations to develop an integrated approach to intellectual property rights which takes into account; the structure of the GCC states, international agreements and pressures, the international institutions, Islamic finance and both societal and religious views.
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Payne, Bridget Áine. "State-Financed Merger and Acquisition Activity in Germany as a Catalyst for Robust Chinese Patent Law Enforcement." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/scripps_theses/1171.
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Germany’s economic dominance in Europe, generous investment incentives, and technical manufacturing prowess has encouraged an influx of Chinese-led inbound activity, concentrated in high-tech sector mergers and acquisitions. A close examination of these M&As yields evidence of systemic Chinese state-financing through both state-owned and private vehicles that likely stems from China’s “Made in China 2025” policy, which hopes to stem capital outflow and to indigenize technological innovation. As Germany braces for what it sees to be continuous attempts by China to take patented German technology through M&As, it worries that Chinese patent law will allow for rampant patent infringement by copycat Chinese entities.
This paper presents an overview of the root causes of China’s heavy economic activity in Germany, as well as an analysis of the legal concerns held by German firms based on a close reading of the Patent Law of the People’s Republic of China and strategic recommendations for German companies hoping to work with or in China.
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Rimmer, Matthew. "The Pirate Bazaar: The Social Life of Copyright Law." Thesis, The Faculty of Law, The University of New South Wales, 2001. https://eprints.qut.edu.au/86581/1/fulltext.pdf.
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This thesis provides a cultural history of Australian copyright law and related artistic controversies. It examines a number of disputes over authorship, collaboration, and appropriation across a variety of cultural fields. It considers legal controversies over the plagiarism of texts, the defacing of paintings, the sampling of musical works, the ownership of plays, the co-operation between film-makers, the sharing of MP3 files on the Internet, and the appropriation of Indigenous culture. Such narratives and stories relate to a broad range of works and subject matter that are protected by copyright law.
This study offers an archive of oral histories and narratives of artistic creators about copyright law. It is founded upon interviews with creative artists and activists who have been involved in copyright litigation and policy disputes. This dialogical research provides an insight into the material and social effects of copyright law.
This thesis concludes that copyright law is not just a ‘creature of statute’, but it is also a social and imaginative construct. In the lived experience of the law, questions of aesthetics and ethics are extremely important. Industry agreements are quite influential. Contracts play an important part in the operation of copyright law. The media profile of personalities involved in litigation and policy debates is pertinent. This thesis claims that copyright law can be explained by a mix of social factors such as ethical standards, legal regulations, market forces, and computer code. It can also be understood in terms of the personal stories and narratives that people tell about litigation and copyright law reform.
Table of Contents
Prologue 1
Introduction A Creature of Statute: Copyright Law and Legal Formalism 6
Chapter One The Demidenko Affair: Copyright Law and Literary Works 33
Chapter Two Daubism: Copyright Law and Artistic Works 67
Chapter Three The ABCs of Anarchism: Copyright Law and Musical Works 105
Chapter Four Heretic: Copyright Law and Dramatic Works 146
Chapter Five Shine: Copyright Law and Film 186
Chapter Six Napster: Infinite Digital Jukebox or Pirate Bazaar? Copyright Law and Digital Works 232
Chapter Seven Bangarra Dance Theatre: Copyright Law and Indigenous Culture 275
Chapter Eight The Cathedral and the Bazaar: The Future of Copyright Law 319
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SCHWARTZ, MICHAEL BRYAN. "FIGHTING OVER THE PROFITS OF PROFESSIONAL SPORTS: USING THE LAW OF ANTITRUST AND INTELLECTUAL PROPERTY TO EXAMINE MEDIA RESTRICTIONS BY THE NATIONAL FOOTBALL LEAGUE." Thesis, The University of Arizona, 2008. http://hdl.handle.net/10150/192236.
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Wijesinghe, Sanath Sameera. "Towards global policy coherence for tobacco plain packaging: Examining the challenges for low-and middle-income countries." Thesis, Queensland University of Technology, 2021. https://eprints.qut.edu.au/213227/1/Sanath%20Sameera%20Wijesinghe_Wijesinghe%20Arachchilage_Thesis.pdf.
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This thesis examines the implementation gap of tobacco plain packaging measures between low- and middle-income countries and high-income countries, looking at the likely challenges that low- and middle-income countries face in implementing plain packaging measures. The thesis identifies three key challenges: resource constraints, intense tobacco industry interference and the threat of litigation for purported breaches of intellectual property rights. This thesis makes strong recommendations for how the global community and international law and policy can support low- and middle-income countries that want to implement tobacco plain packaging measures.
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Du, Plessis Marthinus Johannes. "The international political economy of the Cartagena Protocol on biosafety." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52543.
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Thesis (MA)--University of Stellenbosch, 2001.ENGLISH ABSTRACT: The development of the global biotechnology industry largely coincided with the development of the US biotechnology industry. This resulted in this industry's oligopolistic and centralised nature where only a few multinational chemical and pharmaceutical companies control most biotechnology processes and production of commodities emanating from these processes. The governance of biotechnology has, until recently, been dominated by state actors who have endeavoured to secure national interests, including those of large multinational corporations (MNCs) based within their boundaries. The technological ability of developed states to exploit and use unevenly distributed resources to their advantage means that an uneven relationship exists between these and poor developing countries. This has been highlighted by differences in public opinion about the role and application of biotechnology in society. While some opinions favour the use and application of biotechnology to enhance food supplies and boost production levels and trade, other opinions caution against the possible hazards that genetically manipulated organisms (GMOs) hold for the environment and human existence. The commercialisation of biotechnology has resulted in the exponential growth of genetically manipulated crops in especially the United States and countries like Argentina and Canada. These countries produce large surpluses of staple grains such as corn and soya and try to sell these to countries with food supply problems. The clash in commercial interests stemming from developed countries' insistence on the protection of intellectual property rights (IPR) on genetically manipulated (GM) seeds has caused considerable conflict with poor farmers who will not be able to sustain their livelihoods if they cannot save seeds for future harvests. This is one aspect of the problems surrounding the protection of knowledge products that is exacerbated by the scientific uncertainty pertaining to the risk involved with biotechnology. While some observers agitate for precaution with the use of GMOs, others feel that a lack of scientific proof of harm is sufficient grounds for proceeding with developments in biotechnology. Conversely, there are some that feel that biotechnology is market driven instead of human needs driven, ultimately resulting in developing countries receiving very little benefit from it. The Cartagena Protocol on biosafety was drafted to address some of the difficulties involved with the transboundary movement of GMOs. Although it holds very specific advantages for developing countries, as a regulatory framework it is limited in its scope and application. Developing countries are limited in their policy options to address their need to protect biodiversity and secure their food supply. This means that considerable challenges and constraints await these countries in utilising global governance of public goods and building their human and technological capacities.
AFRIKAANSE OPSOMMING: Die ontwikkeling van die globale biotegnologie-industrie het grootliks saamgeval met die ontwikkeling van die Verenigde State se biotegnologie-industrie. Dit het aanleiding gegee tot hierdie industrie se oligopolistiese en gesentraliseerde aard waar slegs enkele multinasionale chemiese en farmaseutiese maatskappye die meeste biotegnologie prosesse en die vervaardiging van kommoditeite uit daardie prosesse beheer. Die regering van biotegnologie was tot onlangs oorheers deur staatsakteurs wie gepoog het om nasionale belange te beskerm, insluitend die belange van multinasionale korporasies (MNK) wat vanuit hulle grondgebied funksioneer. Die tegnologiese vermoë van ontwikkelde state om oneweredig verspreide hulpbronne tot eie gewin te benut beteken dat 'n ongelyke verhouding bestaan tussen hierdie en arm ontwikkelende state. Dit word beklemtoon deur verskille in openbare mening oor die rol en aanwending van biotegnologie in die samelewing. Terwyl sekere opinies ten gunste van die aanwending van biotegnologie vir die verbetering van voedselbronne en produksievlakke en handel is, dui ander opinies op die moontlike gevare wat geneties gemanipuleerde organismes (GMOs) vir die omgewing en menslike voortbestaan inhou. Die kommersialisering van biotegnologie het gelei tot die eksponensiële groei van geneties gemanipuleerde gewasse in veral die Verenigde State en state soos Argentinië en Kanada. Hierdie state produseer groot hoeveelhede stapelgrane soos mielies en soja en poog om dit te verkoop aan state met voedselvoorsieningsprobleme. Die botsing in kommersiële belange wat spruit uit ontwikkelde state se aandrang op die beskerming van intellektuele eiendomsreg op geneties gemanipuleerde saad veroorsaak beduidende konflik met arm landbouers wie nie hulle lewensonderhoud kan verseker as hulle nie saad kan berg vir toekomstige saaiseisoene nie. Dit is een aspek van die problematiek rondom die beskerming van kennisprodukte wat vererger word deur die wetenskaplike onsekerheid wat gepaard gaan met die risiko's van biotegnologie. Terwyl sekere waarnemers vir waaksaamheid pleit in die gebruik van GMOs, is daar ander wat voel dat 'n gebrek aan wetenskaplike bewyse van skade genoegsame gronde is vir die voortsetting van ontwikkelings in biotegnologie. Insgelyks is daar diegene wat meen dat biotegnologie markgedrewe in plaas van menslike behoefte gedrewe is, wat uiteindelik daartoe lei dat ontwikkelende state baie min voordeel daaruit trek. Die Kartagena Protokoloor bioveiligheid is opgestel om van die probleme betrokke by die oorgrens verskuiwing van GMOs aan te spreek. Hoewel dit spesifieke voordele vir ontikkelende state inhou is dit as reguleringsraamwerk beperk in omvang en aanwending. Ontwikkelende state het beperkte beleidsopsies om hulle behoefte om biodiversiteit te beskerm en voedselvoorsiening te verseker, aan te spreek. Dit beteken dat beduidende uitdagings en beperkings hierdie state in die benutting van globale regering van openbare goedere vir die bou van menslike en tegnologiese kapasiteite in die gesig staar.
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Kapyrina, Natalia. "L'internationalisation de la protection des dessins et modèles." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA007.
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Ce travail vise à saisir la dynamique du droit qui assure la protection internationale des dessins et modèles. Il propose une approche partant des normes internationales, et introduit des éléments de comparaison des ordres juridiques, d’analyse institutionnelle, historique et de politique économique. Si un premier constat de faiblesse de la portée de l’internationalisation par le biais des conventions internationales est indéniable, un changement de perspective permet non seulement d’y apporter un ensemble de justifications, mais également de percevoir des tendances à la convergence portées par d’autres vecteurs. Parmi ceux-ci, on dénombre notamment la convergence informelle vers un modèle normatif, l’action du juge ou encore l’intégration régionale. Cet inévitable mouvement d’internationalisation doit poursuivre la cohérence dans le respect de la diversité. Au lieu de bâtir un projet d’intégration normative du droit substantiel, c’est l’amélioration des aspects procéduraux et la coopération dans un cadre multilatéral sur des projets concrets qu’il convient de porterThis thesis uncovers the legal dynamics which contribute to the international protection of industrial designs. To that end it analyses the conventional international framework and brings together comparative insights, as well as institutional, historical and economic analysis. Whereas the defects of past substantive harmonisation efforts are clear at first sight, a shift in perspective allows not only to bring a set of justifications, but also to evidentiate converging tendencies which are driven through other vectors. Among those are the informal convergence towards a normative model, the activity of the Judiciary as well as regional integration. Further efforts of such internationalisation will have to comply with a need for coherence and respect for diversity. Instead of further substantial harmonisation, additional procedural coordination, as well as international cooperation on specific projects find endorsement
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Sacco, Solomon Frank. "A comparative study of the implementation in Zimbabwe and South Africa of the international law rules that allow compulsory licensing and parallel importation for HIV/AIDS drugs." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1100.
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"Zimbabwe and South Africa are facing an HIV/AIDS epidemic of such proportions that the populations of these countries will markedly decline in the next ten years despite the existence of effective drugs to treat the symptoms of AIDS and dramatically lower the communicability of the virus. These drugs are under patent protection by companies in the developed world and the patents raise the prices above the level of affordability for HIV infected persons in South Africa and Zimbabwe. Zimbabwe has declared a national emergency on HIV/AIDS, apparently in conformance with TRIPS and has issued compulsory licenses to a local company that has started to manufacture and sell cheap anti-retroviral drugs. South Africa has not declared a national emergency and has not invoked the TRIPS flexibilities or utilized flexibilities inherent in its own legislation. However, while thousands of people die every week in the two countries, neither government has yet provided an effective HIV/AIDS policy. Extensive litigation and public pressure in South Africa has led the government to announce a policy of supplying free HIV drugs in public hospitals while the Zimbabwean government has announced the provision of the same drugs, also in public hospitals, apparently utilising the state of emergency. The TRIPS agreement under which the two governments undertook to protect international patents allows compulsory licensing under certain circumstances (not limited to a national emergency) and the Doha Declaration on TRIPS and Public Health, and subsequent agreements by the Ministerial Council of the WTO allow the manufacture and, in limited circumstances, the parallel importation of generic drugs. These provisions provide a theoretical mechanism for poor countries to ensure their citizens' rights of access to health (care). The research is aimed at identifying the extent of the effectiveness of the legal norms created by Articles 20 and 31 of TRIPS, the Doha Declaration and subsequent Council of Ministers' decisions, which together ostensibly provide a framework to allow provision of generic drugs. It is further aimed at investigating how the state of emergency in Zimbabwe has been utilised to provide cheap generic drugs to Zimbabweans and whether this would be an option for South Africa. A comparison of the legal provisions governing the provision of drugs in the two countries will also be undertaken to examine the extent to which international and national constitutional and legal provisions may be utilised to give effect to the right to health." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Dr. Enid Hill at the American University in Cairo.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Riordan, Jaani. "The liability of internet intermediaries." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a593f15c-583f-4acf-a743-62ff0eca7bfe.
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Internet intermediaries facilitate a wide range of conduct using services supplied over the layered architecture of modern communications networks. Members of this class include search engines, social networks, internet service providers, website operators, hosts, and payment gateways, which together exert a critical and growing influence upon national and global economies, governments and cultures. This research examines who should face legal responsibility when wrongdoers utilise these services tortiously to cause harm to others. It has three parts. Part 1 seeks to understand the nature of an intermediary and how its liability differs from the liability of primary defendants. It classifies intermediaries according to a new layered, functional taxonomy and argues that many instances of secondary liability in English private law reflect shared features and underlying policies, including optimal loss-avoidance and derivative liability premised on an assumption of responsibility. Part 2 analyses intermediaries’ monetary liability for secondary wrongdoing in two areas of English law: defamation and copyright. It traces the historical evolution of these doctrines at successive junctures in communications technology, before identifying and defending limits on that liability which derive from three main sources: (i) in-built limits contained in definitions of secondary wrongdoing; (ii) European safe harbours and general limits on remedies; and (iii) statutory defences and exceptions. Part 3 examines intermediaries’ non-monetary liability, in particular their obligations to disclose information about alleged primary wrongdoers and to cease facilitating wrongdoing where it is necessary and proportionate to do so. It proposes a new suite of non-facilitation remedies designed to restrict access to tortious internet materials, remove such materials from search engines, and reduce the profitability of wrongdoing. It concludes with several recommendations to improve the effectiveness and proportionality of remedies by reference to considerations of architecture, anonymity, efficient procedures, and fundamental rights.
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Barone, Daniela Marcos. "A proteção internacional do segredo industrial." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-19112009-133733/.
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A importância da proteção à propriedade industrial foi deflagrada com o advento da Revolução Industrial e, posteriormente, com a Revolução Francesa. A proteção internacional à propriedade industrial teve origem na França, em 1883, com a Convenção da União de Paris para a Proteção da Propriedade Industrial (CUP), na qual foi estabelecido o tratamento jurídico para as patentes, marcas, bem como a obrigatoriedade aos países da União de assegurar proteção efetiva contra a concorrência desleal, nos termos de seu artigo 10 bis, parágrafo 1º. Todavia, somente no bojo do Agreement on Trade-Related Aspects of Intellectual Property Rights - TRIPS, o segredo industrial encontrou proteção internacional efetiva, por meio das normas de repressão à concorrência desleal, conforme dispõe o artigo 39 do referido Acordo. Assim, cumpre analisar, a partir do respectivo regime de proteção internacional, qual o conceito, a natureza jurídica, o regime jurídico e a finalidade de proteção do segredo industrial. Para tanto, é preciso ter em mente a natureza imaterial do segredo industrial, os requisitos exigidos para que seja protegido, o regime jurídico e estrutura do TRIPS e o fundamento constitucional de proteção à propriedade industrial, ao qual vincula-se o interesse social e o desenvolvimento tecnológico e econômico do Brasil.The relevance of industrial property protection was carried out by the Industrial Revolution and, lately, by the French Revolution. The international protection to the industrial property had been originated in France, in 1883, with the adoption of the Union of Paris Convention for the Protection of Industrial Property, in which the legal treatment to patents and trademarks was set forth, as well as the obligation to the countries of the Union to make the protection against the unfair competition effective, pursuant to the article 10 bis, paragraph 1st of such Convention. However, only in the Agreement ontTrade-Related Aspects of Intellectual Property Rights - TRIPS, the trade secret has found effective international legal protection through the rules agaisnt unfair competition, in accordance with the article 39 of the referred Agreement. Thus, it is necessary to analize the definition, the legal nature, the legal regime and the aim of protection of trade secret from the respective regime of international protection. In this connection, it is important to emphasize the innmaterial nature of the trade secret and the requirements for its legal protection, the legal regime and the structure of the TRIPS and the industrial property constitutional fundament for its protection, which is connected to the social interest and the Brazilian technological and economic developement.
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Berg, Suzanne Valerie Loen. "Knowledge, Cultural Production, and Construction of the Law: An Ideographic Rhetorical Criticism of Copyright." Bowling Green State University / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1383594033.
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Lundström, Justus, Jonas Widriksson, and Viktor Zaunders. "Changes in media consumption and file sharing : The impact of legislation and new digital media services." Thesis, Jönköping University, JIBS, Business Informatics, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12534.
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In this study we investigate how the attitude and behaviour concerning illegal file shar-ing have changed among the young population in Sweden. The study will analyze the impact of the IPRED law that was introduced in April 2008 and new digital media ser-vices that have emerged in the last couple of years. It is also evaluated which of these have had the most impact on the attitude and behaviour of the selected population.
The main part of our research consists of a quantitative survey handed out to a sample population among high school students (ages 16-20) in Jönköping, Sweden. This pri-mary data is later compared to secondary data from a similar study that was done on the same demographics two years prior to this research in order to measure the change in behaviour and attitude. The previous study was conducted prior to the IPRED law im-plementation by one of the authors. We also used prior research within this subject and related fields to further understand and interpret our data.
What we have discovered through our research is that there has been a decrease in ille-gal file sharing, especially when considering music, however this decrease is much more an effect of the adopting of new media services then it can be attributed to the IPRED law. Furthermore, the attitudes towards file sharing have remained unchanged and a large number of young adults do not feel that file sharing should be illegal.
It is also concluded that good legal alternatives to file sharing have a large market po-tential if these services can fulfil consumers demand on availability and price. Addition-ally we have found that good legal alternatives are important if the public is to refrain from returning to their old file sharing habits once the initial scare from new legislation has worn off.
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Bester, Juan. "The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53144.
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Thesis (MA)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.
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Jia, Hang Hang. "Doctrine of exhaustion of rights and parallel imports : legal issues and challenges in China." Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637072.
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Vallon, Virginie. "Quelle alimentation pour le XXIe siècle ? ou le respect du droit à l’alimentation et l’émergence d’une nouvelle régulation économique." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10017.
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Démontrer la possible émergence d'une nouvelle régulation économique mondiale est l'objectif de ce travail. Notre étude a envisagé les législations internationales et nationales relatives aux droits économiques, sociaux et culturels à la lumière de l'important problème des droits de propriété industrielle.Cette régulation, fondée sur le droit à la conditionnalité universelle, offre une application effective du droit à l'alimentation par le biais d'une transformation de la répartition de la production agricole et par le biais d'une législation en matière de propriété industrielle permettant l'accès aux denrées alimentaires à tousDemonstrate the possible emergence of a new global economic regulation is the objective of this work. Our study considered the international and national laws relating to economic, social and cultural rights in light of the significant problem of industrial property law. This regulation, based on the universal right to cross-compliance, provides an effective implementation of the right to food through a change in the distribution of agricultural production and through legislation on industrial property to access to food at all
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Polido, Fabrício Bertini Pasquot. "Contribuições ao estudo do direito internacional da propriedade intelectual na era Pós-Organização Mundial do Comércio: fronteiras da proteção, composição do equilíbrio e expansão do domínio público." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-29082011-115009/.
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Após 15 anos de sua adoção pelos Membros da Organização Mundial do Comércio, o Acordo sobre os Aspectos da Propriedade Intelectual Relacionados ao Comércio (TRIPS) ainda permanece como um dos pilares das modernas instituições do sistema internacional da propriedade intelectual e merece contínua análise de seus efeitos sobre países em desenvolvimento. Nesse sentido, tendências expansionistas e níveis mais elevados de proteção dos direitos de propriedade intelectual, nas distintas esferas do multilareralismo, bilateralismo e regionalismo, são, no entanto, confrontadas com as necessidades reais dos países em desenvolvimento, que ainda devem explorar as flexibilidades existentes no Direito Internacional da Propriedade Intelectual. Isso parece ser evidente após a fase de transição do Acordo TRIPS. A implementação de obrigações relacionadas à proteção substantiva e procedimentos de aplicação efetiva da proteção (observância) dá lugar para controvérsias resultantes das demandas pelo acesso aos bens do conhecimento - bens da tecnologia e informação na ordem internacional. O presente trabalho oferece contribuição para o estudo do Direito Internacional da Propriedade Intelectual na Era Pós-OMC e propõe uma análise e reavaliação de seus elementos, princípios e objetivos. Enfatiza a tarefa imperativa de redefinição do equilíbrio intrínseco da propriedade intelectual e a manutenção e expansão do domínio público, concebidos como valores de ordem pública internacional. Nesse contexto, o trabalho propõe analisar os objetivos futuros de um regime internacional da propriedade intelectual, em parte consolidados pelos proponentes da Declaração de Doha sobre TRIPS e Saúde Pública e a Agenda da OMPI para o Desenvolvimento. Em sua estrutura, o trabalho divide-se em três partes. A primeira parte (Status Quo: O Presente e o Passado dos Direitos de Propriedade Intelectual na Ordem Internacional) analisa as políticas e objetivos justificam o regime internacional da propriedade intelectual, seus fundamentos no Pós-OMC/TRIPS e convergência das competências relacionadas à propriedade intelectual na ordem internacional. A segunda parte (O Passado Revisitado rumo ao Futuro dos Direitos de Propriedade Intelectual) aborda as implicações das tendências expansionistas e fortalecimento dos padrões de proteção da propriedade intelectual, concentrando-se em dois casos principais: a harmonização substantiva e os sistemas globais de proteção e observância dos direitos de propriedade intelectual. A terceira parte (Futuro dos Direitos de Propriedade Intelectual na Ordem Internacional) propõe a redefinição dos princípios e objetivos centrais do Direito Internacional da Propriedade Intelectual no Pós-OMC (equilíbrio, transparência, cooperação internacional e transferência de tecnologia) e a manutenção e expansão do domínio público, flexibilidades e opções para acesso aos bens da tecnologia e informação.After 15 years from its adoption by the Member States of World Trade Organization, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) still remains as one of the main pillars of the modern institutions of international intellectual property system and deserves a continuous assessment analysis of its overall impacts on developing countries, their innovation systems and developmental concerns. In this sense, expansionist trends and higher levels of protection of intellectual property rights (IPRs) in multilateral, regional and bilateral levels - are nevertheless confronted with the actual needs of developing countries in exploring existing and pending flexibilities within the international intellectual property legal regime. This appears to be true particularly after the post-transitional phase of TRIPS Agreement, where implementation of the multilateral obligations related to substantive protection and enforcement procedures gave rise to considerable contentious issues emerging from demands for access to global public goods, knowledge goods. This Doctoral Thesis offers a contribution to the current debate on International Intellectual Property Law in Post-WTO Era and proposes an analysis and reappraisal of its elements, principles and objectives. The work aims at focusing the imperative task of redefining the intrinsic balance of intellectual property and maintenance and expansion of the public domain as values of an international ordre public. In this context, we analyze the systemic objectives of a prospective international intellectual property regime, which were in part consolidated by the proponents of Doha Declaration on TRIPS and Public Health of 2001 and WIPO Development Agenda. In the first part (Status Quo: Past and Present of Intellectual Property in International Order) we analyze the main development of the current international intellectual property regime, its foundations in Post WTO/TRIPS, and convergent intellectual property related competences in international legal order. The second part (Present revisited towards the future of intellectual property rights) approaches the implications of expansionist trends and strengthening of standards of IP protection. In this case, our work focuses on two particular cases: the substantive harmonization and global protection systems and enforcement of intellectual property rights. The third part (Future of Intellectual Property Rights in International Legal System) further analyses core objectives and principles of International Intellectual Property Law in Post-WTO (balance, transparency, international cooperation and transfer of technology) and proposals for the maintenance and expansion of public domain, flexibilities and options for the access to the knowledge goods.
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Zibetti, Fabíola Wüst. "Relação entre normalização técnica e propriedade intelectual no ordenamento jurídico do comércio internacional." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-06062013-160840/.
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Nas últimas décadas, a importância da normalização técnica para comércio internacional aumentou consideravelmente. Segundo dados da OCDE, estima-se que um total de 80% do comércio global na atualidade seja afetado por normas e regulamentos técnicos. Esse cenário justifica a preocupação dos Membros da OMC em incentivar o estabelecimento de padrões tecnológicos comuns nos diversos países, como um instrumento para evitar o incremento das barreiras técnicas e promover a facilitação do fluxo internacional de bens, serviços, investimentos e tecnologias. Contudo, o crescente envolvimento de direitos de propriedade intelectual nas normas técnicas internacionais tem preocupado algumas nações, principalmente em decorrência dos elevados custos, tensões e conflitos que resultam dessa situação, impactando de forma negativa o comércio. Sob a perspectiva do ordenamento jurídico do comércio internacional, o conflito revela-se no conjunto de obrigações que os Membros assumem no âmbito da OMC. Se os países devem obrigatoriamente utilizar como base as normas técnicas internacionais para estabelecer suas normas e regulamentos domésticos, e aquelas se encontram revestidas de direitos exclusivos privados, sua efetiva aplicação no plano doméstico depende da licença dos titulares desses direitos, nos termos e condições por eles impostos. No entanto, uma vez que eles não estejam dispostos a conceder licenças em termos razoáveis e não discriminatórios, ou se recusem a conferir a autorização, os países encontram dificuldades ou, ainda, ficam impossibilitados de implementar de forma plena as obrigações assumidas na OMC. A partir dessa hipótese, o presente estudo tem como objetivo analisar como se encontra regulada a relação entre a normalização técnica e a propriedade intelectual no ordenamento jurídico do comércio internacional. Esta tese confirma que as tensões inerentes à relação entre propriedade intelectual e normalização técnica alimentam um conflito sob a perspectiva do ordenamento jurídico do comércio internacional, que não possui regras específicas para regular a questão. Este conflito se traduz na dificuldade que os países têm na implementação plena das obrigações assumidas na OMC. Para a mitigação dos problemas que emergem desse conflito, observa-se que se destacam duas tendências seguidas pelos Membros da Organização. Uma delas consiste em incrementar as flexibilidades do Acordo TRIPS, como se verifica nos Estados Unidos, União Europeia e Índia. Outra opção observada é o afastamento das normas técnicas internacionais em prol da adoção de normas e regulamentos técnicos domésticos baseados em tecnologias nacionais ou não proprietárias com fundamento nas flexibilidades dos acordos TBT, SPS e GATS. Casos nesse sentido são identificados em países como China. Em certas circunstâncias, a preferência pelo estabelecimento de normas e regulamentos técnicos baseados essencialmente em tecnologias nacionais protegidas por direitos de propriedade intelectual pode robustecer as barreiras técnicas ao comércio. Diante disso, com o propósito de assegurar a efetividade dos acordos multilaterais de comércio e garantir segurança jurídica, entende-se necessário a adoção de medidas claras e adequadas, que busquem eliminar ou reduzir as tensões e conflito, e garantir a previsibilidade do Sistema Multilateral de Comércio. Importa, ainda, que tais medidas sejam estabelecidas de forma a facilitar o comércio internacional e promover a concorrência leal, a inovação, a transferência da tecnologia e o desenvolvimento das nações.In recents decades, the importance of technical standards for international trade has increased substantially. According to OECD data, it is estimated that around 80% of global trade is affected by standards and technical regulations. This scenario justifies the concerns of WTO Members to encourage the settlement of common technological standards in different countries, as a tool to prevent the rise of technical barriers and promote the facilitation of the international flow of goods, services, investment and technology. However, the increasing involvement of intellectual property rights in international standards has concerned some nations, mainly due to high costs, tensions and conflicts that result from this situation, adversely impacting trade. From the perspective of international trade law, the conflict is revealed in the set of obligations that States assumed in the WTO. If countries must use international standards as a basis to establish technical regulations and norms, and those are covered by private exclusive rights, its effective implementation at the domestic level depends on the approval of rights holders, according the terms and conditions imposed by them. However, since the rights holders are not willing to grant licenses on reasonable and non-discriminatory conditions, or refuse to grant the licenses, countries may find difficult or even remain unable to fully implement their obligations in the WTO. From this hypothesis, this study aims to analyze as it is regulated the relationship between technical standards and intellectual property in international trade law. This thesis confirms that the tensions inherent in the relationship between intellectual property and technical standardization feed a conflict from the perspective of international trade law, which has no specific rules to regulate this question. This conflict is reflected in the difficulty countries have in the full implementation of the obligations assumed in WTO. In order to mitigate the problems that emerge from this conflict, it is observed that there are two trends followed by the Members of the Organization. One is to enhance the flexibilities of the TRIPS Agreement, as is the case in the United States, European Union and India. Another option is the deviation of international standards in favor of domestic standards and technical regulations based on national or non proprietary technologies founded on the flexibilities of TBT, SPS and GATS. Such cases are identified in countries like China. In some circumstances, the preference for the creation of standards and technical regulations based mainly on national technologies protected by intellectual property rights can strengthen the technical barriers to trade. Therefore, in order to ensure the effectiveness of multilateral trade agreements, it is necessary to establish clear and appropriate measures, which seek to eliminate or reduce tensions and conflict, and ensure the predictability of the multilateral trading system. It is also important that such measures are established to facilitate international trade and promote fair competition, innovation, technology transfer and development of nations.
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Basheer, Shamnad. "The invention of an investment incentive for pharmaceutical innovation." Thesis, University of Oxford, 2011. https://ora.ox.ac.uk/objects/uuid:b53d2ab0-dcdd-4adc-8728-cdf32e948df6.
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Pharmaceutical drugs are often hailed as the poster child for the proposition that patents foster accelerated rates of innovation. This sentiment stems, in large part, from the significantly high research and development (R&D) costs endemic to the pharmaceutical sector. I argue that if the role of the patent regime is one of fostering higher amounts of investment in the R&D process, it is better served by a direct investment protection regime, where the protection does not depend upon whether or not the underlying idea behind the drug is 'new' and 'inventive', the two central tenets of patent law. Rather, any drug that successfully makes it past the regulatory filter ought to be entitled to protection, since its discovery and development entail significant investment and risk. Owing to the inadequacy of the current patent regime in appropriately protecting intensive pharmaceutical R&D investments from free-riders, I propose a comprehensive investment protection regime that protects all the investment costs incurred during the drug discovery and development process. Though similar to existing data protection regimes in some respects, it differs in others. Firstly, it enables a recovery of all R&D costs, and not only costs associated with clinical trials. Secondly, unlike patents and data exclusivity which offer uniform periods of protection, it rewards investments in a proportionate manner, wherein drug originators are entitled to protection against free-riders only until such time as they recoup their specific investments and earn a rate of return on investment that is dependent on the health value of the drug. Given that a pure market exclusivity based investment protection regime is likely to foster excessive pricing and subject the market to the dictates of a single firm, I advocate a compensatory liability model based on a novel cost sharing methodology, where follow-on entrants are free to manufacture the drug, but must pay a reasonable amount of compensation to the originator.
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Cunha, Camila Biral Vieira da. "Indicações geográficas: regulamentação nacional e compromissos internacionais." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-03072012-132746/.
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A dissertação estuda a figura das indicações geográficas (IGs) com foco em sua pregressa e atual regulamentação nacional e internacional, nas discussões nos foros multilaterais, bem como na situação brasileira de reconhecimento das indicações geográficas, evidenciandose as potencialidades que se oferecem ao país por meio dos esforços para reconhecimento nacional e internacional de seus nomes geográficos. A dissertação inicia-se com a apresentação dos conceitos gerais e das funções da figura estudada, bem como da distinção entre as IGs e demais sinais distintivos. Na segunda parte, é analisada a regulamentação das indicações geográficas nos principais acordos internacionais (Convenção de Paris, Acordo de Madri, Acordo de Lisboa), com especial atenção ao seu tratamento no âmbito do Acordo TRIPS/OMC, bem como às propostas apresentadas por seus Membros. Com o intuito de analisar a experiência bem sucedida de países que ultrapassaram os níveis de proteção definidos nos foros multilaterais, o terceiro capítulo será consagrado ao estudo da normatização da União Européia e da organização administrativa francesa sobre a matéria. A última parte é dedicada à análise da regulamentação nacional em matéria de indicações geográficas (Lei nº 9.279/96) e da estrutura organizacional criada para o reconhecimento e proteção de tal figura, sendo expostas as experiências brasileiras no tocante ao reconhecimento das indicações geográficas, as tentativas em curso e os setores que ainda poderão ser beneficiados. Analisa-se, ao final, a compatibilidade do regime brasileiro com os compromissos assumidos internacionalmente pelo país e as possibilidades existentes para o país explorar a figura como meio de agregar valor às suas transações comerciais e aproveitar-se dos benefícios de tal exploração.The dissertation examine the geographical indications (GIs) with focus on its past and present national and international regulation, the discussions in multilateral forums as well as the recognition of geographical indications by Brazil, demonstrating the possibilities that are offered to the country through the efforts for national and international recognition of its geographical names. The dissertation begins with the presentation of general concepts and functions of the GIs, as well as the distinction between the GIs and other distinctive signs. In the second part, it is presented a study on the major international agreements regarding GIs (Paris Convention, Madrid Agreement, and Lisbon Agreement), with special attention to the treatment under the TRIPS / WTO and the proposals made by its Members In order to analyze the successful experience of countries that have surpassed the levels of protection set out in multilateral forums, the third chapter will study European Union regulation and French administrative organization on the subject. The last part is devoted to a review of national legislation on geographical indications (Law 9279/96) and the organizational structure created for the recognition and protection of such a figure, being exposed the Brazilian experiences with regard to the recognition of geographical indications, ongoing attempts and sectors that can still benefit. At the end, it will be analyzed the compatibility of the Brazilian system with the international commitments signed by the country and the possibilities for the country to explore the figure as a means of adding value to their business transactions and taking advantage of the benefits of such exploitation.