Щоб переглянути інші типи публікацій з цієї теми, перейдіть за посиланням: Health-related intellectual property rights.
Статті в журналах з теми "Health-related intellectual property rights"
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся з топ-50 статей у журналах для дослідження на тему "Health-related intellectual property rights".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Переглядайте статті в журналах для різних дисциплін та оформлюйте правильно вашу бібліографію.
1
Richards, Donald. "Trade-related intellectual property rights." Review of International Political Economy 12, no. 3 (August 2005): 535–51. http://dx.doi.org/10.1080/09692290500171039.
Повний текст джерела
2
Sangal, P. S. "Trade Related Intellectual Property Rights." Foreign Trade Review 23, no. 2 (July 1988): 149–69. http://dx.doi.org/10.1177/0015732515880203.
Повний текст джерела
3
Ibrahimi, MSc Shpresa. "Intellectual property." ILIRIA International Review 2, no. 1 (June 30, 2012): 202. http://dx.doi.org/10.21113/iir.v2i1.171.
Повний текст джерелаАнотація:
Montenue, a distinct French scholar of intellectual property, has suggested that IP is a “tool which surprisingly helps a lot”, and this definition on science, arts, culture, since the 16th century. Now, what would be the definition of intellectual property for the 21st century? Apparently not a “strange” tool, but a necessary tool, primary for enriching human knowledge, and for the new world order, especially in the global market sphere.Intellectual property is an integral part of international trade, and its importance keeps increasing, since effective use of knowledge is increasingly influencing the economic prosperity of peoples. One may say that there is little originality in the creative sphere. Naturally, this originality can only be reflected by individuality and human identity in intellectual creativityThe author rights in the Kosovo legislation is a novelty, a necessity of developing a creative environment in the fields of science, arts and industrial property. First and foremost, the individual benefit, which is secured by the author as the creator of the work, is a moral and material right. Secondly, there is a need for harmonization, not only of values for the creator, but also for the development of science, culture, increased competitive advantage, and the public sphere, as a benefit for the public health and security, and the fiscal policy. The deficiency one must record is with the Office for Copy Rights, which is to play a strong role in implementing and protecting copy rights and other related rights by licensing collective management agencies, imposing administrative fines, awareness raising, provision of information, and other capacity building and educative measures. Naturally, the enactment of good legislation is a system without any meaning or sense if not associated with the court practice. Any establishment of a legal system not pursued with enforcement mechanisms remains only in legal frameworks.
4
Correa, CM. "Health and intellectual property rights." Ceylon Medical Journal 47, no. 1 (January 22, 2014): 4. http://dx.doi.org/10.4038/cmj.v47i1.6395.
Повний текст джерела
5
Zhu, Lin. "The Theoretical Logic of the Construction of Sports Intellectual Property System." BCP Business & Management 29 (October 12, 2022): 543–49. http://dx.doi.org/10.54691/bcpbm.v29i.2321.
Повний текст джерелаАнотація:
Aiming to break through the narrow, broad and general understanding of sports intellectual property rights, this paper adopts interdisciplinary methodology to analyze and summarize the concept, attributes and categories of sports intellectual property rights, and explore the theoretical logic of the construction of sports intellectual property rights system. In terms of concept definition, it deeply analyzes the right attributes of sports intellectual property rights, and forms three types of rights: ontological sports intellectual property rights, necessary sports intellectual property rights and related sports intellectual property rights; in the formation mechanism, it puts forward that the construction of right system of sports intellectual property should follow the basic principles of comprehensiveness, systematization and openness; In terms of right relationship, it points out that the ontological sports intellectual property rights comes from sports itself, and the object of rights is irreplaceable. The necessity of sports intellectual property rights and sports is a direct relationship, and the object of rights is indispensable. Related sports intellectual property rights and sports are indirect relations, the object of rights has a supporting role，and the subjects of rights have mutual benefits.
6
Forman, Lisa. "Trade Rules, Intellectual Property, and the Right to Health." Ethics & International Affairs 21, no. 3 (2007): 337–57. http://dx.doi.org/10.1111/j.1747-7093.2007.000103.x.
Повний текст джерелаАнотація:
In perpetuating and exacerbating restricted access to essential medicines, current trade-related intellectual property rules on medicines may violate core human rights to health and medicines. In this light, their impact on the global disease burden raises serious questions about their necessity, and their justification should be critically assessed from the perspective of human rights standards. These standards require that international trade rules on medicines be justified to the fullest extent possible, and permitted only to the extent to which they can be justified. In this article I explore the impact of trade rules on medicines access, and the growing force of the human right to health. I argue that the limited justification for strong patents in poor countries suggests the need for significant reform of trade-related intellectual property rights. I argue further that human rights standards may offer both normative and practical tools for achieving this reform and for challenging trade rules on medicines at various levels.
7
Correa, Carlos M. "Public Health and Intellectual Property Rights." Global Social Policy: An Interdisciplinary Journal of Public Policy and Social Development 2, no. 3 (December 2002): 261–78. http://dx.doi.org/10.1177/14680181020020030201.
Повний текст джерела
8
Ahmadi, Maryam, and Leila Ahmadi. "Intellectual Property Rights of Nanobiotechnology in Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS)." Journal of Bionanoscience 6, no. 1 (June 1, 2012): 56–64. http://dx.doi.org/10.1166/jbns.2012.1067.
Повний текст джерела
9
Maskus, Keith E., and Mohan Penubarti. "How trade-related are intellectual property rights?" Journal of International Economics 39, no. 3-4 (November 1995): 227–48. http://dx.doi.org/10.1016/0022-1996(95)01377-8.
Повний текст джерела
10
Zolota, L. V., and O. V. Ulizko. "Protection of Intellectual Property Rights by Customs Aythorities." Legal horizons, no. 22 (2020): 43–46. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p43.
Повний текст джерелаАнотація:
The article deals with the issue of protection of intellectual property rights by customs authorities. The current problems of infringement of intellectual property rights during moving across the customs border of Ukraine are considered, in particular: transportation of counterfeit products, which includes goods that are subject to infringement of intellectual property rights to the trademark and goods that are the subject of infringement of intellectual property rights to a geographical indication in Ukraine and pirated products, which includes goods that are the subject of infringement of copyright and / or related rights or intellectual property rights to a registered industrial design in Ukraine and which are or contain copies made without the consent of the copyright and related rights or intellectual property rights to the industrial design or a person authorized by such right holder in the country of production, as well as moving across the customs border of small consignments of goods with violation of customs legislation and introduction of simplified procedure for destruction of such goods. The article also analyzes issues of novelty of the Ukrainian legislation – “original goods”, that is, those that were made with the consent of the right holder, as a basis for the existence of the international principle of exhaustion of intellectual property rights. It has been established that national legislation does not sufficiently protect intellectual property rights and that Ukraine remains one of the four points of transit and transit of counterfeit goods to the European Union. The mechanism of regulation of compensation of costs in connection with storage of goods suspected of violation of intellectual property rights after all, the owner of the rights has the opportunity to demand compensation for these costs from the owner of goods that violate his intellectual property rights, as well as the destruction of such goods by the owner of intellectual property rights. Key words: intellectual property rights, customs border, promotion of protection of intellectual property rights, procedure for destruction of goods, counterfeit goods.
11
Jankowska, Marlena. "Geodata intellectual property rights policy." Opolskie Studia Administracyjno-Prawne 18, no. 2 (October 28, 2020): 75–94. http://dx.doi.org/10.25167/osap.2181.
Повний текст джерелаАнотація:
In this paper, the author presents intellectual property law policies related to geodata. The sole purpose of this paper is to open up this problem for further investigation and discussion. The concepts of geodata and legal interoperability have not received as much scholarly attention as they merit. Drafting one single model for geodata access is especially hard, given that geodata is produced and maintained in multifold environments. This makes it important to confront and discuss the factors influencing the licensing of geodata. On this basis the author proposes a taxonomy of the extremely diverse licenses for geodata.
12
Laksminarti, Laksminarti. "Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia." Pencerah Publik 5, no. 2 (October 13, 2018): 27–33. http://dx.doi.org/10.33084/pencerah.v5i2.1012.
Повний текст джерелаАнотація:
This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights.
By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI).
The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).
13
Savina, Anna. "Pledge of intellectual property rights." Current Issues of the State and Law, no. 15 (2020): 369–75. http://dx.doi.org/10.20310/2587-9340-2020-4-15-369-375.
Повний текст джерелаАнотація:
We consider certain issues of pledge of intellectual property, analyze the definitions of the concepts “pledge”, “intellectual property”, “objects of intellectual rights”, etc. We comprehend the issues of civil law regulation of pledge relations, investigate the mechanisms of state support for the intel-lectual property pledge, and identify a number of factors that determine the positive effect of innovative enterprises development, receiving loans secured by intellectual property. We describe the risk factors of pledged collateral for loans, we note the criteria according to which the borrower has the right to conclude an agreement on the provision of subsidies from the federal budget to small and medium-sized businesses to expense reimbursement associated with obtaining loans secured by intellectual property rights. We pay attention to the issue of correlation of derivative rights with an independent object of pledge. We examine the insurance and market issues related to the risk factors of intellectual property pledge. We study the practice of granting loans secured by intellectual property, and also analyze the statistical indicators of such practice in individual countries of Europe and Asia.
14
Uvarov, А. О. "Subjects of the constitutional right to own, use and dispose." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 165–69. http://dx.doi.org/10.24144/2307-3322.2021.64.31.
Повний текст джерелаАнотація:
The article is devoted to the study of the subjects of the constitutional right to own, use and dispose of the results of their intellectual activity. It is established that the range of subjects of the constitutional right to own, use and dispose of the results of their intellectual activity are: subjects of copyright (authors of works, their heirs and persons who have acquired the rights to works in accordance with the contract or law); performers of works, their heirs and persons who have acquired related rights in accordance with the contract or the law on performances; producers of phonograms, their heirs (successors) and persons to whom related property rights in relation to phonograms have been legally transferred; videogram producers, their heirs (successors) and persons to whom related property rights in relation to videograms have been legally transferred; broadcasting organizations and their successors (subjects of related rights); author of a scientific discovery; subjects of intellectual property rights to an invention, utility model, industrial design (inventor, author of an industrial design; other persons who have acquired rights to an invention, utility model and industrial design under contract or law); subjects of intellectual property rights to the layout of the semiconductor product (author of the layout of the semiconductor product; other persons who have acquired the rights to the layout of the semiconductor product under the contract or law); subjects of intellectual property rights to the innovation proposal (the author of the innovation proposal and the legal entity to which the proposal is submitted); subjects of intellectual property rights to a plant variety, animal breed (author of a plant variety, animal breed; other persons who have acquired intellectual property rights to a plant variety, animal breed under contract or law; natural and legal persons who are subjects intellectual property rights to a trademark, individuals and legal en-tities that are subjects of intellectual property rights to a commercial name. Emphasis is placed on the independence of copyright and ownership of the material object (material carrier), which is manifested through: 1) the content of personal non-property rights and property rights of the subject of copyright; 2) ownership of a material object (possession, use and disposal).
15
Рогожин, S. Rogozhin, Сазанова, and S. Sazanova. "Intellectual Property Rights: Institutional Approach." Administration 4, no. 1 (March 17, 2016): 74–78. http://dx.doi.org/10.12737/18796.
Повний текст джерелаАнотація:
The authors consider the intellectual property rights from two points of view: legal theory and institutional
economical theory. Contents of “intellectual property” and “intellectual rights” concepts have been revealed
in this paper, and the necessity of their study has been justified not only from the legal point of view, but also
from the economic one. The authors emphasize that the institutional economics in general and the economic
theory of property rights, in particular, have a great potential in the study both of theoretical and practical
aspects related to intellectual rights. According to the authors, it is the institutional approach which will create
an effective legislation in this area.
16
D Janodia, Manthan, I Meenakumari, MA Ganapathy, VM Subrahmanyam, N Udupa, D Sreedhar, and Virendra S Ligade. "Patents, Health Policy and Access to Medicines." Indo Global Journal of Pharmaceutical Sciences 01, no. 01 (2011): 33–38. http://dx.doi.org/10.35652/igjps.2011.04.
Повний текст джерелаАнотація:
Intellectual property rights are the rights given to person over the creation of their inventions. They usually give the creator as exclusive right over the use of his/her invention for certain period of time, usually 20 years from the date of filing and in turn inventor has to disclose the invention. In a sense, it is a negative right as it excludes others from using the Intellectual Property without the permission of the right holder. © 2011 IGJPS. All rights reserved
17
Hasanah, Nur. "TINJAUAN HUKUM PENOLAKAN PATEN TERKAIT DENGAN KEBARUAN DARI KISARAN." Veritas 5, no. 1 (March 29, 2019): 66–80. http://dx.doi.org/10.34005/veritas.v5i1.253.
Повний текст джерелаАнотація:
Intellectual property rights are related to human creativity which is the result of the work of creativity, human sense and intention. In Intellectual Property Rights that are protected is the right of the owner of Intellectual Property Rights, not the final product produced by the owner of Intellectual Property Rights. In the global economic order, Intellectual Property Rights are seen as a trade problem that includes interactions of three main aspects, namely intellectual property, commercialization and legal protection. This means that Intellectual Property Rights become important when there are intellectual works that will be commercialized so that the owners of intellectual works need formal legal protection to protect their interests in obtaining benefits from the commercialization of their intellectual work. This study explains the role of how the decision of the Patent Appeal Commission on patent applications, especially on patent applications number W00200903691 submitted by Repros Therapeutics Inc. through Intellectual Property Consultants in Indonesia who represent it (in this case AMR Partnership) with the title of the invention "Antiprogestin Dosage Regimen" and how to analyze the decision.
18
Krukowska-Siembida, Paulina. "Patent Protection in the TRIPS Agreement and the Right to Health: Can They Be Reconciled?" Studia Iuridica Lublinensia 28, no. 4 (December 30, 2019): 89. http://dx.doi.org/10.17951/sil.2019.28.4.89-100.
Повний текст джерелаАнотація:
<p>The monopoly enjoyed by pharmaceutical manufacturers, resulting from the protection of intellectual property, directly affects the price of medicinal products and thus their availability, especially in developing and least-developed countries. The aim of the article was to examine the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights adopted under the World Trade Organization, an attempt to answer the question of whether it is possible to reconcile the protection of intellectual property with the human right to health.</p>
19
Mansouriyan, Golnoush, and Rasoul Mazaheri Kohanestani. "Rights of Intellectual Property Related to Computer Games." Quarterly Journal of Psychology, Educational and Social Sciences 1, no. 3 (February 10, 2018): 84–90. http://dx.doi.org/10.21859/psychol-01039.
Повний текст джерела
20
Oksana Korotiuk. "FEATURES AND SOCIO-ECONOMIC COMPONENTS OF THE CONCEPTS “INTELLECTUAL PROPERTY” AND “RIGHT OF INTELLECTUAL PROPERTY”." European Cooperation 2, no. 42 (April 30, 2019): 99–116. http://dx.doi.org/10.32070/ec.v2i42.57.
Повний текст джерелаАнотація:
The article is devoted to the content of the concepts "intellectual property" and "right of intellectual property", as well as to the possibility to use them as equivalent concepts. The author considers the features of a broad understanding of the intellectual property concept, in which it is revealed as a complex set of social relations arising at all levels of public life. According to this approach intellectual relations are only one type of the varieties of intellectual property relations, the totality of which only occasionally acts as the subject of legal regulation. Taking into account the above facts, the difference between the meaning of the concepts "intellectual property" (in the sense of this concept as a social relation) and "intellectual property right" is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which are provided to them by legal norms (by using their legal personality); the subjects of intellectual property become participants of social relations of different levels, including those, which are outside the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc.; 2) In the centre of understanding of the concept "object of intellectual property rights" is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual property rights. At the same time the object of intellectual property is a value in socio-philosophical sense that satisfies the social, economic, cultural, mental and other needs and interests of people. In this sense, an object by its nature is a blessing for a person; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept "intellectual property" as identical with the concept “intellectual property right” is based on a normative approach. This approach shows that the concepts of “intellectual property” and “intellectual property right” have the same sense in the legislation and can denote both objects of intellectual property right and rights to such objects.
21
Koosha, Abutaleb. "Intellectual property rights of nano-biotechnology in trade related aspects of intellectual property agreement." Indian Journal of Science and Technology 5, no. 3 (March 20, 2012): 1–7. http://dx.doi.org/10.17485/ijst/2012/v5i3.38.
Повний текст джерела
22
Ullah, Sana, Abzahir Khan та Sohail Anwar. "فقہ اسلامی اور مغربی قانون کی روشنی میں حقوق دانش کے قوانین کاتحقیقی مطالعہ". Journal of Islamic and Religious Studies 3, № 2 (10 лютого 2020): 97–105. http://dx.doi.org/10.36476/jirs.3:2.12.2018.06.
Повний текст джерелаАнотація:
Islam always emphasizes to use legal ways and means of earning. In contrary the legal and illegal sources of income have been explained in detail. The “Right of invention” is one of the most discussed issues among the Islamic Jurists. This right is related to the intellectual skills and capabilities of people. However, internationally intellectual property is a known concept that associates with right of publication, right of trademark, patent and right of goodwill et cetera. However, research must be conducted on inquiring rights of intellectual property in Islamic Sharia and comparison of these rights with those in Western laws. In this paper the historical review of the intellectual properly has been presented. Similarly, those various types and concerned ruling have been discussed in contrast with the Islamic and western law on descriptive research methods.
23
Setiawan, Ervin. "AUTHORITY OF INTELLECTUAL PROPERTY CONSULTANTS." Yuridika 31, no. 2 (August 24, 2017): 241. http://dx.doi.org/10.20473/ydk.v31i2.4801.
Повний текст джерелаАнотація:
Intellectual Property Consultants appointed by the Ministry of Law and Human Rights is an office that has a limited authority to carry out their duties; The appointment of IPR consultant are intended to assist Ministry of Law and Human Rights in resolving the matter on IPR registration. Due to the reason that IPR is the scope of Ministry of Law and Human Rights authority, the one which has the authority to appoint someone as IPR Consultant is also Ministry of Law and Human Right. Appointment of IPR Consultant should be specially granted for Law School Graduate due to the reason that Consultant shall understand and able to execute the procedure of authority and regulation that limits its authority in running Consultant position. In carrying out its duties, IPR Consultant will be closely related to legal action and must strictly comply with the Law and assume responsibility given by the client. The duties and responsibilities attached to IPR Consultant have a legal consequence. In conducting its duties, IPR Consultant shall be able to read and implement the regulation enforced by the government.
24
Korotiuk, Oksana. "Repeatency as a qualifying feature of crimes affecting the objects of intellectual property rights." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 158–62. http://dx.doi.org/10.31733/2078-3566-2020-2-158-162.
Повний текст джерелаАнотація:
The article reveals the peculiarities of repeatency as a qualifying feature of crimes affecting the objects of intellectual property rights. The analysis made it possible to conclude that the repetition of socially dangerous encroachments on objects of intellectual property rights takes place in the case of: a) committing certain socially dangerous acts on the same object of intellectual property rights two or more times (for example, repeated illegal publication of the same work after the sale of the previous edition); b) committing certain socially dangerous acts on different objects of intellectual property rights, which are defined in the same article (part of article) of the Criminal Code, two or more times (for example, committing illegal reproduction of one work, and then committing illegal reproduction of another work); c) committing two or more different separate socially dangerous acts (actions whose objective side is different) in relation to the objects (object) of intellectual property rights, which are defined (which is defined) in the same article (part of article) of the Criminal Code (for example, illegal reproduction of the work and its illegal distribution). The conclusion is that presence or absence of a sign of repeated encroachments on the objects of in-tellectual property rights depends on the following factors: 1) the number of committed socially dangerous acts; 2) the number of objects of intellectual property rights that are negatively (criminally) affected. At the same time, the infringement of several objects of intellectual property rights does not always indicate the recurrence of crimes. For example, encroachment on an object of related rights, which simultaneously results not only in violation of the holder's right to the object of related rights (audiovisual work), but also in violation of the rights of the author of the text and / or musical work. However, several people (copyright and related rights) are affected by this event.
25
Jozwik, Katarzyna. "Investment Regulation and Intellectual Property." Global Trade and Customs Journal 6, Issue 7/8 (July 1, 2011): 351–59. http://dx.doi.org/10.54648/gtcj2011043.
Повний текст джерелаАнотація:
This article discusses a consideration of the impact of investment agreements on rights and obligations of developing countries under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) regime, including general remarks about extension of investment standards to the intellectual property (IP) of covered investment.
26
Syafrinaldi, Rani Fadhila, and David Hardiago. "Trips Agreement Dan Standarisasi Hukum Perlindungan Hak Kekayaan Industri Di Indonesia." UIR Law Review 5, no. 1 (April 25, 2021): 19–29. http://dx.doi.org/10.25299/uirlrev.2021.vol5(1).6992.
Повний текст джерелаАнотація:
Trade Related Aspects of Intellectual Property Right Agreement 1995 (TRPS Agreement) is an international provision in the field of intellectual property rights protection that applies universally. Indonesia as a country of law, has all laws relating to the protection of intellectual property rights with reference to the TRIPS Agreement. The TRIPS Agreemnt formulation must also refer to the Paris Convention For the Protection of Industrial Property, 1883 which has been recognized as the legal basis for the protection of intellectual property rights globally. Protection of industrial assets consisting of Patents, Trademarks, Trade Secrets, Industrial designs, Protection of Plant Varieties and Layout Designs of Integrated Circuits must be carried out by the state towards the holders of the said industrial property rights
27
Ponomarenko, Mykhailo. "Intellectual property rights in software." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 218–21. http://dx.doi.org/10.36695/2219-5521.1.2021.42.
Повний текст джерелаАнотація:
The article presents an urgent scientific problem, which is the need to establish the impact of reliable protection of intellectualproperty rights on software and its individual elements on the Europeanization of public administration in Ukraine, improving theinvestment climate, saving labor, accelerating public and private enterprises, institutions, organizations and boosting economic growth.Intellectual property rights underlie all the software industry. This term refers to a number of intangible property rights to an assetsuch as software. Each «right» to intellectual property is itself an asset, part of the overall property system. The law provides differentmethods of protecting these property rights depending on their type.There are essentially four types of intellectual property rights related to software: patents, copyrights, trade secrets, and trademarks.Each provides a different type of legal protection. Patents, copyrights, and trade secrets can be used to protect the technologyitself. Trademarks do not protect the technology, but the names or symbols used to distinguish the product on the market.Software can take the form of a computer program, a website, a mobile application, a distribution, and so on. Each of these formsmust consist of program code and personalization tools.In the current realities of digitalization of state and business review processes, intellectual property plays a role in shaping the economicstability of the state. The rapid pace of emergence and growth of technology, the spread of difficult foreign terminology in the fieldof software leaves room for research, creating new challenges and conditions for the synthesis of social sciences and engineering.Studying technologies, mastering and systematizing the principles of software – this is the main task facing lawyers-scientists inthe field of intellectual property.The lack of the combination in a single scientific work practical knowledge of programming and legal theories and practices ofsoftware protection creates a field for reflection and research on this topic.Because of the lack of scientific base and clear terminology in the field of software, problematic in Ukraine are the taxation ofoperations for the creation and implementation of software, legalization of relations between developers, and as a consequence – thelack of a unified policy for auditing and monetary evaluation of implemented computer programs.
28
Bolotnikova, Anastasiia, Yaroslava Pushkarova, Galina Zaitseva, and Serhii Hozhdzinskyi. "Interactive Methods in Teaching of the Elective Discipline “Fundamentals of Patent Law” as an Element of the Legal Education of Future Doctors." European Journal of Education and Pedagogy 3, no. 4 (August 12, 2022): 104–8. http://dx.doi.org/10.24018/ejedu.2022.3.4.415.
Повний текст джерелаАнотація:
This article is devoted to the consideration of interactive tests and games in elective course of the discipline “Fundamentals of Patent Law”. This discipline is aimed at training specialists of the second (master's) level of higher education, field of knowledge – 22 “Health Care”, specialty – 222 “Medicine“. “Fundamentals of Patent Law” (FPL) is intended to develop in future professionals the skills of legal regulation of intellectual property, application of basic regulations in the field of intellectual property regulation, to study the role and significance of intellectual activity in modern society. Fundamentals of patent law, intellectual property and technology transfer determines peculiarities of intellectual property application in medicine, namely – copyright and related rights, patent law, the right to secret of production, the right to individualization of legal entities, goods, works and services, the right to use intellectual activities as part of a single technology, legislation on the protection of rights over the results of intellectual activity and individualization means; main ways of using intellectual activity as an additional source of financial resources for of economic entities, types of liability for violation of rights over the results of intellectual activity. In addition to involving in practice for the training of future doctors a professional-oriented methodology for teaching FPL and the development of an educational-methodical complex aimed at providing didactic support for all types of educational and cognitive activities teachers analyzed the modern system of interactive techniques and related methods. This article reveals some proven interactive techniques based on the Quizzes platforms.
29
Omorov, R. O. "Intellectual property and artificial intelligence." E-Management 3, no. 1 (May 20, 2020): 43–49. http://dx.doi.org/10.26425/2658-3445-2020-1-43-49.
Повний текст джерелаАнотація:
Issues, arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society, have been considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity have been examined. Questions of copyright and ownership in the interaction of man, collective and artificial intelligence or artificial intelligence systems have been raised and proposed. Issues related to artificial intelligence as an object of intellectual property have been considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems has been presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject – a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights also have been considered, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data have been considered. Harmonization of international intellectual property rights policies to alleviate the technological gap between countries in the context of artificial intelligence development has been examined.
30
SAGGI, KAMAL, and JOEL P. TRACHTMAN. "Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009." World Trade Review 10, no. 1 (January 2011): 63–86. http://dx.doi.org/10.1017/s1474745610000455.
Повний текст джерелаАнотація:
AbstractIn China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: 1.the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights (‘TRIPS’);2.China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights;3.whether China's volume and value of goods thresholds for application of criminal procedures and penalties with respect to trademark counterfeiting or copyright piracy comply with TRIPS requirements for application of criminal procedures and penalties.
31
Omorov, R. O. "Artificial Intelligence and Intellectual Property." Intellectual property law 1 (March 25, 2021): 9–13. http://dx.doi.org/10.18572/2072-4322-2021-1-9-13.
Повний текст джерелаАнотація:
In the article, prepared on the basis of the author’s plenary report presented at the XII International Forum “Innovative Development through the Intellectual Property Market”, held in Moscow at the MSLA on October 30, 2020, issues arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society are considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity are discussed. Questions of copyright and ownership are raised and proposed in the interaction of man, collective and artificial intelligence or artificial intelligence systems. Issues related to artificial intelligence as an object of intellectual property are considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems is presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject — a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights are also discussed, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data are considered. It is proposed to harmonize international intellectual property rights policies to reduce the technological gap between countries in the context of artificial intelligence development.
32
Asnis, A. Ya, M. A. Ivanova, and Sh N. Khaziev. "Forensic Valuation of Intellectual Property." Theory and Practice of Forensic Science 14, no. 3 (October 23, 2019): 40–45. http://dx.doi.org/10.30764/1819-2785-2019-14-3-40-45.
Повний текст джерелаАнотація:
Valuation of objects of intellectual property can be important when considering civil disputes, criminal cases of copyright and related rights infringements, criminal bankruptcies, cases of administrative offenses (violations of copyright and related rights, inventor’s and patent rights). At present, there is no generally accepted and accessible methodology of forensic valuation of intellectual property items.The main aspects of the forensic valuation of intellectual property are reviewed. It is shown that when assessing the value of intellectual property special knowledge should be applied in the field of forensic merchandising expertise, forensic economics, as well as other kinds and types of forensic expertise according to the characteristics of the intellectual property in question: forensic trace evidence analysis, computer forensics, forensic linguistics, forensic materials analysis, etc. It is necessary to develop and implement a new type of forensic examination in the forensic institutions of the Ministry of Justice of the Russian Federation - forensic examination of intellectual property which will also include the value assessment of such objects.
33
Shekhovtsova, Victoria. "THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE." Law Journal of Donbass 75, no. 2 (2021): 52–59. http://dx.doi.org/10.32366/2523-4269-2021-75-2-52-59.
Повний текст джерелаАнотація:
The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.
34
TiaraPutri, Adi. "Exhaustion Doctrine on Intellectual Property The Doctrine of Exhaustion on Intellectual Property." Jurnal Gagasan Hukum 4, no. 01 (June 30, 2022): 52–61. http://dx.doi.org/10.31849/jgh.v4i01.10272.
Повний текст джерелаАнотація:
The exhaustion doctrine on intellectual property is a limitation of the owner's right to enforce his intellectual property rights. If an item has been marketed by, or with the consent of, the owner of the intellectual property in it, then that right is "expired" and can no longer be used to prevent or control the distribution of, or further sale of, the item. The exhaustion doctrine in the realm of intellectual property is controversial, because it is considered an exception to intellectual property infringement. In this paper, it will be discussed related to the application of the exhaustion doctrine in the realm of intellectual property, especially in copyrights, patents and brands. This article refers to legal research. The characteristic of legal research is to seek the truth of coherence in which a truth is based on the suitability of what is being studied with the established rules. The approaches used in this paper are the statute approach and the conceptual approach.
35
Churilov, A. Yu. "Intellectual Property in the Age of 3D Printing." Actual Problems of Russian Law 15, no. 3 (April 9, 2020): 121–27. http://dx.doi.org/10.17803/1994-1471.2020.112.3.121-127.
Повний текст джерелаАнотація:
The paper discusses the features of three-dimensional printing and the innovations that it brought to the field of copyright, industrial property rights, in particular industrial design, and means of individualization. The concept and some features of three-dimensional printing technology are disclosed. The author studies the exclusive rights to which results of intellectual activity can be violated when using the technology of three-dimensional printing. It is concluded that exclusive rights to an industrial design, trademarks, and to copyright may be violated. The author investigates the actions that will not constitute a violation of the exclusive right to the considered results of intellectual activity. It is concluded that not every action would constitute a violation of exclusive rights, in particular, this applies to the use of a trademark for purposes not related to the introduction of goods into circulation; use of industrial design for purposes not related to the implementation of entrepreneurial or other income-generating activities.
36
Ahmadi, Maryam, and Leila Ahmadi. "Intellectual Property Rights of Bionanotechnology in Related International Documents." Journal of Bionanoscience 5, no. 1 (June 1, 2011): 74–81. http://dx.doi.org/10.1166/jbns.2011.1049.
Повний текст джерела
37
Holova, I. "SOME ASPECTS IN CALCULATING THE AMOUNT OF DAMAGES FOR VIOLATION OF RELATED RIGHTS." Criminalistics and Forensics, no. 64 (May 7, 2019): 784–91. http://dx.doi.org/10.33994/kndise.2019.64.73.
Повний текст джерелаАнотація:
The article discusses the methodology for calculating the amount of material damage that is inflicted on the owners of related rights to distribute television programs (television companies and individuals who have acquired exclusive and non-exclusive property rights to distribute television programs). The legislative framework for economic examinations in the field of intellectual property is analyzed. The main cases of calculating the amount of damages depending on the category of the owner of related rights to broadcast TV channels are given. The calculation of the amount of material damage for the violation of related property rights to broadcast television channels is carried out for the period proven, as part of investigative actions, the time of violation. Usually, economic expertise in the field of intellectual property is preceded by a number of technical examinations, which are carried out by experts in the field of telecommunications in order to confirm the fact of illegal broadcasting of TV channels. According to paragraph 26 of the National Standard № 4 «Evaluation of Intellectual Property Rights», the amount of damages for illegal use of an object of intellectual property rights is determined as of the valuation date using the valuation procedure for accumulating profit (income) that the subject of the intellectual property right did not receive and / or the licensee, as a result of the illegal use of the object of intellectual property rights and, based on the volume of production and / or sale of counterfeit products. Now, in the field of broadcasting, the main media groups enter into licensing agreements for broadcasting with legal entities that represent their interests and conclude sublicensing agreements on their own behalf. They are of two types – with the transfer of an exclusive license to distribute programs using DVB-C / MITPIC / MMDS / TELESELO / analog network, IPTV, OTT and DTH and a non-exclusive license to distribute programs using DVB-C / MITPIC / MMDS / TELESELO / analog network, IPTV, OTT and DTH. In the case of the transfer of exclusive property rights to calculate the amount of material damage, the author considers it expedient to obtain information from the investigation (by sending a corresponding petition) under similar sub-licensing agreements with other providers, which are “similar” to the so-called company-violator. Consequently, the amount of material damage caused to the owner of related property rights, as a result of an illegal broadcast, is calculated as an arithmetic average of the amounts of similar sublicensing contracts, that is, using the procedure of income accumulation. If a legal entity applies to law enforcement agencies that owns non-exclusive proprietary rights to distribute programs using DVB-C / MITPIC / MMDS / TELESELO / analog network, IPTV, OTT and DTH, then Art. 1108 of the Civil Code of Ukraine “A non-exclusive license does not exclude the possibility for the licensor to use an object of intellectual property rights in an area that is limited by this license and to issue licenses to others to use this object in this area” So, according to the author, a legal entity that owns non-exclusive property rights does not bear material damage. Key words: exclusive license, nonexclusive license, material damage.
38
Cruz, Maximiliano Santa, and Pedro Roffe. "A Review of Recent Developments at the Multilateral Level with Respect to Intellectual Property and the Pharmaceutical Industry." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 6, no. 4 (August 2009): 323–31. http://dx.doi.org/10.1057/jgm.2009.23.
Повний текст джерелаАнотація:
The adoption in 1994 of the World Trade Organization's Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) meant the incorporation of intellectual property as an important component of the international trading system. It meant also an end to the exclusive treatment of intellectual property issues in the World Intellectual Property Organization (WIPO). TRIPS meant also, the end of the accepted practice of excluding pharmaceutical products and or processes from patent protection, a practice that was particularly important for developing countries. This note reviews recent developments at the multilateral level after the adoption of TRIPS, namely the adoption of the Declaration on the TRIPS Agreement and Public Health in 2001 and the subsequent decision to amend the TRIPS for the effective use of the compulsory licensing system; the adoption of the Development Agenda by the WIPO General Assembly in 2007 and related recent developments in WIPO; and finally the adoption of the Global strategy and plan of action on public health, innovation and intellectual property by the 61st World Health Assembly in 2008. One common feature of these developments is the attempt to bring some balance to the international intellectual property system that has been characterised by an upward tendency to strengthen private rights and their enforcement to the detriment of public interest considerations.
39
Korzhova, I. V. "Intellectual Property Issues in Video Games." Intellectual property law 2 (July 1, 2021): 45–47. http://dx.doi.org/10.18572/2072-4322-2021-2-45-47.
Повний текст джерелаАнотація:
The article deals with intellectual property issues related to the introduction of innovative technologies into games. The author concludes that the impact of a particular technology on the game is predominantly individual and requires independent study in relation to the field of intellectual rights. As private conclusions confirming this thesis, the article substantiates: 1) the specificity of the legal nature of in-game property in crypto games; 2) the peculiarities of the impact of virtual, augmented reality technologies (hereinafter — VR, AR-technologies or VR, AR) on the legal regime of content created by players, as well as the peculiarities of using trademarks in a virtual environment; 3) the need to develop innovative contractual models related to the regulation of intellectual rights between participants in the gaming industry; 4) the importance of ensuring certainty in the rights of subjects of the gaming industry, including when deciding who will own the rights to content created jointly by the player and gaming artificial intelligence, as well as when deciding whether to grant the player exclusive rights to the content created by him in games with VR, AR elements
40
Yashar Aghamaliyeva, Sara. "Patent Hüquqlarının Tətbiqi və Dərman Vasitələrinin Əlçatanlığı Mövzusunda Beynəlxalq Müqavilələrin Rolu". SCIENTIFIC RESEARCH 10, № 6 (27 червня 2022): 35–38. http://dx.doi.org/10.36719/2789-6919/10/35-38.
Повний текст джерелаАнотація:
International recognition of intellectual property rights was achieved after adopting the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. Afterward, the Agreement on Trade-Related Aspects of Intellectual Property Rights was adopted to establish minimum standards for the regulation of intellectual property by the national legislation of the member countries. On the other hand, there are international agreements, such as the United Nations Universal Declaration of Human Rights of 1948 and the United Nations International Covenant on Economic, Social, and Cultural Rights of 1966, which reflect the fundamental human rights as the right to health and right to access medicine. Key words: trips agreement, doha declaration, intellectual property law, patents, access to medicine Sara Yaşar qızıAğamalıyeva Patent Hüquqlarının Tətbiqi və Dərman Vasitələrinin Əlçatanlığı Mövzusunda Beynəlxalq Müqavilələrin Rolu Xülasə Əqli mülkiyyət hüquqlarının beynəlxalq müstəvidə tanınmasına Sənaye Mülkiyyətinin Mühafizəsi üzrə Paris Konvensiyasının və Ədəbi və Bədii Əsərlərin Qorunması haqqında Bern Konvensiyasının qəbulundan sonra nail olunmuşdur. Sonradan üzv ölkələrin milli qanunvericiliyində əqli mülkiyyət hüquqlarının tənzimlənməsinin minimum standartlarını müəyyən etmək məqsədilə TRIPS Sazişi qəbul edilmişdir. Digər tərəfdən isə, sağlamlıq hüququ və tibbə çıxış hüququ kimi əsas insan hüquqlarını özündə əks etdirən Birləşmiş Millətlər Təşkilatının 1948-ci il Ümumdünya İnsan Hüquqları Bəyannaməsi və Birləşmiş Millətlər Təşkilatının 1966-cı ildəki İqtisadi, Sosial və Mədəni Hüquqlar Haqqında Beynəlxalq Paktı kimi beynəlxalq müqavilələr mövcuddur. Açar sözlər: trips sözləşməsi, doha bəyannaməsi, əqli mülkiyyət hüququ, patent, dərman vasitələrinin əlyetərliyi
41
Mehdipour, Mohammad, and Parviz Bagheri. "The Franchise Agreement in International Trade: its Advantages and Disadvantages." Cuestiones Políticas 39, no. 69 (July 17, 2021): 296–316. http://dx.doi.org/10.46398/cuestpol.3969.17.
Повний текст джерелаАнотація:
The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.
42
Revicki, Dennis A., and Carolyn E. Schwartz. "Intellectual property rights and good research practice." Quality of Life Research 18, no. 10 (November 3, 2009): 1279–80. http://dx.doi.org/10.1007/s11136-009-9551-6.
Повний текст джерела
43
Modic, Dolores, Ana Hafner, Nadja Damij, and Luka Cehovin Zajc. "Innovations in intellectual property rights management." European Journal of Management and Business Economics 28, no. 2 (July 8, 2019): 189–203. http://dx.doi.org/10.1108/ejmbe-12-2018-0139.
Повний текст джерелаАнотація:
Purpose The purpose of this paper is to evaluate innovations in intellectual property rights (IPR) databases, techniques and software tools, with an emphasis on selected new developments and their contribution towards achieving advantages for IPR management (IPRM) and wider social benefits. Several industry buzzwords are addressed, such as IPR-linked open data (IPR LOD) databases, blockchain and IPR-related techniques, acknowledged for their contribution in moving towards artificial intelligence (AI) in IPRM. Design/methodology/approach The evaluation, following an original framework developed by the authors, is based on a literature review, web analysis and interviews carried out with some of the top experts from IPR-savvy multinational companies. Findings The paper presents the patent databases landscape, classifying patent offices according to the format of data provided and depicting the state-of-art in the IPR LOD. An examination of existing IPR tools shows that they are not yet fully developed, with limited usability for IPRM. After reviewing the techniques, it is clear that the current state-of-the-art is insufficient to fully address AI in IPR. Uses of blockchain in IPR show that they are yet to be fully exploited on a larger scale. Originality/value A critical analysis of IPR tools, techniques and blockchain allows for the state-of-art to be assessed, and for their current and potential value with regard to the development of the economy and wider society to be considered. The paper also provides a novel classification of patent offices and an original IPR-linked open data landscape.
44
Zhang, Zhenyu, and Zhuanzhuan Ge. "Protection and Restriction of Grain-Related Intellectual Property Rights in the Context of Food Security Based on Industrial Internet of Things." Mobile Information Systems 2022 (June 26, 2022): 1–11. http://dx.doi.org/10.1155/2022/4554447.
Повний текст джерелаАнотація:
New technologies such as the internet of things and cloud computing are expected to leverage farming development and introduce more robots and artificial intelligence in farming. Food security is an important strategic issue for national economy and security. Intellectual property is a matter of food security. Its power not only plays a role of promoting food scientific and technological innovation, stimulating private and multinational seed industry investment, saving the cost of research and development, and improving agricultural management capacity but also may damage the biodiversity, increase farmers’ burden, block food technological innovation and diffusion, increase the farmers’ litigation risks, etc. Therefore, from legislation, on the one hand, we should rationally use the current intellectual property system to protect the source of grain-related intellectual property rights, set up the concept of “great protection” of grain-related intellectual property rights, and establish the protection system and operation mechanism with the participation of multiple-related institutions. On the other hand, we should restrict grain-related intellectual property rights according to law to prevent it from controlling the market, restricting competition, hindering innovation, and seeking illegitimate interests. We need to coordinate the relationship between intellectual property rights, food rights and farmers’ rights, and rationally control the genetic utilization restriction technology.
45
Rutschman, Ana Santos. "Property and Intellectual Property in Vaccine Markets." Texas A&M Journal of Property Law 7, no. 1 (February 2021): 110–36. http://dx.doi.org/10.37419/jpl.v7.i1.4.
Повний текст джерелаАнотація:
As biopharmaceutical forms of technology, vaccines constitute one of the most important tools for the promotion and maintenance of public health. Tolstoy famously wrote that “[h]appy families are all alike; every unhappy family is unhappy in its own way.” Vaccine markets offer perhaps one of the most extreme embodiments of Tolstoy’s principle in the field of biopharmaceutical innovation. Vaccines are often described as one of the most unprofitable types of biopharmaceutical goods, under-incentivized from a research and development (“R&D”) perspective, and routinely failing to attract sufficient investment from traditional funders in biopharma. In this sense, and despite the scientifically well-established value of vaccines from a public health perspective, vaccine markets are often portrayed as a collection of unhappy families. Yet, at least throughout the developed world, there are plenty of examples of steadily profitable vaccine markets, as is the case of recently developed vaccines targeting the human papilloma virus (“HPV”). This Essay begins by mapping the dualism in vaccine R&D and commercialization, describing both “happy” and “unhappy” markets. It then connects the development of new vaccines with the default legal regime to promote innovation in the biopharmaceutical arena: the patent system. In exploring possible solutions for transactional problems arising in connection with the development of vaccine technology, this Essay asks whether the rights covering vaccine technologies are best understood as property rights or as something else. This inquiry is of course but a fragment of a much larger interrogation of the nature and mechanics of intellectual property systems: are intellectual property rights—and rights arising out of the grant of patents in particular—more like property or akin to something else? Arguing that under the current noncommittal position of the Supreme Court there is room for understandings of patent rights that are not property-centric,6 this Essay concludes by exploring how less property-like protection—in the form of a liability regime for critical components of vaccine technology—can remove some of the most salient transactional obstacles to the development and commercialization of new and better vaccines.
46
Triana, Nita. "Menggagas Hak Kekayaan Intelektual Perspektif Hukum Islam ke dalam Hukum Nasional." Al-Manahij: Jurnal Kajian Hukum Islam 12, no. 2 (December 5, 2018): 177–92. http://dx.doi.org/10.24090/mnh.v12i2.1747.
Повний текст джерелаАнотація:
This study aims to describe and analyze Intellectual Property Rights (IPR) under the rules of Trade-Related Aspects of Intellectual Property Rights (TRIPs) which are in several respects different from the laws that live in Indonesia. Therefore, it is necessary to initiate Intellectual Property Rights Law that is in accordance with the values that live in Indonesia, the majority of which are Muslim communities. The results of this study illustrate that the legal protection of the owners of Intellectual Property Rights (IPR) in Indonesia has been regulated in various laws and regulations that are included in the Intellectual Property Rights Law system. These regulations must refer strictly to the TRIPs Agreement. The Intellectual Property Rights regime with the rules of TRIPs has two sides in the protection of intellectual property rights, on the one hand it protects individual interests from piracy and theft of intellectual property, but on the other hand empirically this legal protection greatly benefits developed countries. Based on this, the Intellectual Property Rights Law must be rebuilt with the source of material law originating from values that live in Indonesian society, namely Islamic law.
47
Петрунина, А. А., and А. В. Якунина. "Health information rights." Юридическая мысль, no. 4(124) (December 18, 2021): 88–95. http://dx.doi.org/10.47905/matgip.2021.124.4.007.
Повний текст джерелаАнотація:
В статье рассматривается возможность обеспечения права человека на получение информации о способе и ресурсах лечения. Проанализирована возможность реализации такого права одновременно с обеспечением защиты прав на интеллектуальную собственность, разработанной в медицинских целях. The article discusses the possibility of ensuring the human right to receive information about the method and resources of treatment. The possibility of exercising such a right at the same time ensuring the protection of intellectual property rights developed for medical purposes is analyzed.
48
Cornish, W. R. "The International Relations of Intellectual Property." Cambridge Law Journal 52, no. 1 (March 1993): 46–63. http://dx.doi.org/10.1017/s0008197300017232.
Повний текст джерелаАнотація:
Intellectual Property is not a term with a standard meaning. Traditionally it was used to describe the copyright protection of authors and to distinguish this from industrial property, i.e., Patents for inventions, industrial design rights, plant variety rights, trade marks and the like. Recently it has become an umbrella for copyright, rights related to it and the various forms of industrial property. The new generic grouping has been needed for a world where demand for these rights has risen to an altogether new pitch. In part this is the consequence of extraordinary advances in technologies which make recorded information easily and precisely reproducible; and partly it supports the quest of advanced economies to conserve superior knowledge as a weapon in international trade.
49
Rodriguez, Victor. "Patent Pools: Intellectual Property Rights and Competition." Open AIDS Journal, 4, no. 1 (January 19, 2010): 62–66. http://dx.doi.org/10.2174/1874613601004020062.
Повний текст джерелаАнотація:
Patent pools do not correct all problems associated with patent thickets. In this respect, patent pools might not stop the outsider problem from striking pools. Moreover, patent pools can be expensive to negotiate, can exclude patent holders with smaller numbers of patents or enable a group of major players to form a cartel that excludes new competitors. For all the above reasons, patent pools are subject to regulatory clearance because they could result in a monopoly. The aim of this article is to present the relationship between patents and competition in a broad context.
50
Shemdoe, Georges S. "Introduction to intellectual property rights for investigators in health research and institutional intellectual property policy." Acta Tropica 112 (November 2009): S80—S83. http://dx.doi.org/10.1016/j.actatropica.2009.08.012.
Повний текст джерела