Unsettled International Intellectual Property Issues
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Author | : Tshimanga Kongolo |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 240 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9041126414 |
The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties. Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications. Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies - including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation - the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis. In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international 'protection instrument' that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet. As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.
Author | : Lisa Toohey |
Publisher | : Cambridge University Press |
Total Pages | : 345 |
Release | : 2015-04-16 |
Genre | : Law |
ISBN | : 1316299260 |
The enormous economic power of the People's Republic of China makes it one of the most important actors in the international system. Since China's accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China's unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country's approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China's strategy across the full spectrum of international economic activity.
Author | : Robin Ramcharan |
Publisher | : Springer Science & Business Media |
Total Pages | : 329 |
Release | : 2012-11-27 |
Genre | : Law |
ISBN | : 906704900X |
This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.
Author | : Tshimanga Kongolo |
Publisher | : Taylor & Francis |
Total Pages | : 117 |
Release | : 2024-11-15 |
Genre | : Law |
ISBN | : 1040226175 |
This book evaluates issues and challenges emerging from the interaction between intellectual property (IP) and new technologies, namely artificial intelligence (AI), big data, social media, internet of things (IoT), metaverse, blockchain, video gaming, and voice cloning. New technologies have not only shaken the current IP system but show the limits of a framework which was designed more than three centuries ago. As technological innovations have rendered some established IP rules and principles difficult to apply, new approaches are required to adequately respond to ensuing challenges. This volume uses existing case studies and prevailing court decisions to underline the dynamic of the current system. It proposes adjustments to accommodate new technologies within the current IP structure. The book reflects on the challenges created by new technologies and explores alternative ways to respond to these issues. This book will assist IP experts, academics, professionals, and policy makers in their undertakings to understand various issues generated by new technologies. It will also be of interest to researchers in the field of IP law and the law of emerging technologies.
Author | : Tshimanga Kongolo |
Publisher | : Routledge |
Total Pages | : 304 |
Release | : 2016-03-23 |
Genre | : Law |
ISBN | : 1317184327 |
Africa is playing an increasingly more significant role in the domain of international intellectual property law, and this book underlines the contributions made by African countries as a group to the development of the current international IP system. It examines in detail their breakthrough proposals and initiatives at the WTO, WIPO and WHO with regard to IP and public health; IP and traditional knowledge, traditional cultural expressions and genetic resources; IP and biodiversity; and exceptions and limitations to copyright. Using Botswana, Burundi, Egypt, Ghana, Kenya, Mauritius, Morocco, South Africa and Tunisia as examples, it examines the systems under which these IP subject matters are protected. From a regional perspective, the book also analyses some initiatives taken by ARIPO, OAPI and the African Union to protect traditional knowledge and traditional cultural expressions, especially in relation to protection of the rights of local farming communities and breeders, regulation of access to biological resources, genetically modified organisms and the proposed establishment of the new Pan-African Intellectual Property Organization (PAIPO). Demonstrating how Africa is now an active player on the international IP scene, this book will be invaluable to those interested in intellectual property law, business and commercial law, and African and international law.
Author | : Committee on Issues in the Transborder Flow of Scientific Data |
Publisher | : National Academies Press |
Total Pages | : 250 |
Release | : 1997-08-21 |
Genre | : Computers |
ISBN | : 0309523567 |
Since Galileo corresponded with Kepler, the community of scientists has become increasingly international. A DNA sequence is as significant to a researcher in Novosibirsk as it is to one in Pasadena. And with the advent of electronic communications technology, these experts can share information within minutes. What are the consequences when more bits of scientific data cross more national borders and do it more swiftly than ever before? Bits of Power assesses the state of international exchange of data in the natural sciences, identifying strengths, weaknesses, and challenges. The committee makes recommendations about access to scientific data derived from public funding. The volume examines: Trends in the electronic transfer and management of scientific data. Pressure toward commercialization of scientific data, including the economic aspects of government dissemination of the data. The implications of proposed changes to intellectual property laws and the role of scientists in shaping legislative and legal solutions. Improving access to scientific data by and from the developing world. Bits of Power explores how these issues have been addressed in the European Community and includes examples of successful data transfer activities in the natural sciences. The book will be of interest to scientists and scientific data managers, as well as intellectual property rights attorneys, legislators, government agencies, and international organizations concerned about the electronic flow of scientific data.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 126 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9280520164 |
This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.
Author | : Jessica Christine Lai |
Publisher | : Springer Science & Business Media |
Total Pages | : 342 |
Release | : 2014-01-08 |
Genre | : Law |
ISBN | : 331902955X |
Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.
Author | : Tshimanga Kongolo |
Publisher | : Routledge |
Total Pages | : 172 |
Release | : 2019-05-13 |
Genre | : Law |
ISBN | : 1000008738 |
Intellectual Property Branding in the Developing World identifies success stories in the areas of intellectual property (IP) and branding for non-technological innovation in the developing world. The author examines the relationship between IP, branding and innovation to demonstrate that innovation, in general, and non-technological innovation, in particular, must go hand in hand with branding. Branding of non-technological innovations should be a good strategic tool to be used by countries in the developing world mainly in the areas where they have competitive advantages. This book will assist scholars and academics dealing with innovation, branding, and IP issues, providing context and guidance to policymakers from the developing world. It is also relevant to researchers and students in the fields of intellectual property law, commercial law, international law, management, and innovation.
Author | : Stamatoudi, Irini |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : 2022-07-21 |
Genre | : Social Science |
ISBN | : 180037691X |
This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.