Compulsory Licensing

Practical Experiences and Ways Forward

Author: Reto M Hilty,Kung-Chung Liu

Publisher: Springer

ISBN: 3642547044

Category: Law

Page: 458

View: 2280

Under the auspices of the Max Planck Institute for Intellectual Property and Competition Law (now the Max Planck Institute for Innovation and Competition). And Institutum Iurisprudentiae, Academia Sinica, a group of twenty scholars from around the world gathered to study the experiences made with regards to compulsory licensing. The results are demonstrated in this book. Different articles analyze how the international conventions on intellectual property may be interpreted and explore the related doctrinal groundwork surrounding compulsory patent licensing and beyond. It is shown how the compulsory licensing regime could be transformed into a truly workable mechanism facilitating the speedy use and dissemination of innovation and other subject matters of protection.

TRIPS plus 20

From Trade Rules to Market Principles

Author: Hanns Ullrich,Reto M. Hilty,Matthias Lamping,Josef Drexl

Publisher: Springer

ISBN: 3662481073

Category: Law

Page: 760

View: 9583

This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.

Intellectual Property Rights and Climate Change

Interpreting the TRIPS Agreement for Environmentally Sound Technologies

Author: Wei Zhuang

Publisher: Cambridge University Press

ISBN: 1108211143

Category: Law

Page: N.A

View: 7078

As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policy makers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights and innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.

EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?

Author: Josef Drexl,Henning Grosse Ruse - Khan,Souheir Nadde-Phlix

Publisher: Springer Science & Business Media

ISBN: 3642390978

Category: Law

Page: 303

View: 8840

​​​​ ​This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.​

Intellectual Property in Asia

Law, Economics, History and Politics

Author: Paul Goldstein,Joseph Straus

Publisher: Springer Science & Business Media

ISBN: 354089702X

Category: Law

Page: 357

View: 5882

Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.

Law and Agroecology

A Transdisciplinary Dialogue

Author: Massimo Monteduro,Pierangelo Buongiorno,Saverio Di Benedetto,Alessandro Isoni

Publisher: Springer

ISBN: 3662466171

Category: Law

Page: 494

View: 537

This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. “Rural” is more than “agricultural”: if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.

Remuneration of Copyright Owners

Regulatory Challenges of New Business Models

Author: Kung-Chung Liu,Reto M. Hilty

Publisher: Springer

ISBN: 3662538091

Category: Law

Page: 327

View: 6746

This book evaluates existing and explores new mechanisms for the adequate payment of copyright owners for the use of their works. The underlying assumption is that adequate rewards to creators and subsequent right holders will continue to be a goal of copyright law (particularly to incentivize further creation and investment). In the search for viable methods it first focuses on the reduction of transaction costs and the role of new technologies. It also discusses the further development and broader application of new mechanisms that might be necessary to enhance the adequacy and efficiency of payment systems, since the more onerous payment systems are, the more irrelevant copyright risks become due to lack of acceptance, and the less likely both are to fulfill their functions.

EU Digital Copyright Law and the End-User

Author: Giuseppe Mazziotti

Publisher: Springer Science & Business Media

ISBN: 9783540759850

Category: Law

Page: 374

View: 9375

This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.

Essentials of Language Documentation

Author: Jost Gippert,Nikolaus P. Himmelmann,Ulrike Mosel

Publisher: Walter de Gruyter

ISBN: 3110197731

Category: Language Arts & Disciplines

Page: 434

View: 6863

Language documentation is a rapidly emerging new field in linguistics which is concerned with the methods, tools and theoretical underpinnings for compiling a representative and lasting multipurpose record of a natural language. This volume presents in-depth introductions to major aspects of language documentation, including overviews on fieldwork ethics and data processing, guidelines for the basic annotation of digitally-stored multimedia corpora and a discussion on how to build and maintain a language archive. It combines theoretical and practical considerations and makes specific suggestions for the most common problems encountered in language documentation. Key features textbook introduction to Language Documentation considers all common problems

Registries for Evaluating Patient Outcomes

A User’s Guide

Author: Agency for Healthcare Research and Quality/AHRQ

Publisher: Government Printing Office

ISBN: 1587634333

Category: Medical

Page: 356

View: 3701

This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews.

Capital as Power

A Study of Order and Creorder

Author: Jonathan Nitzan,Shimshon Bichler

Publisher: Routledge

ISBN: 1134022298

Category: Political Science

Page: 464

View: 9644

Conventional theories of capitalism are mired in a deep crisis: after centuries of debate, they are still unable to tell us what capital is. Liberals and Marxists both think of capital as an ‘economic’ entity that they count in universal units of ‘utils’ or ‘abstract labour’, respectively. But these units are totally fictitious. Nobody has ever been able to observe or measure them, and for a good reason: they don’t exist. Since liberalism and Marxism depend on these non-existing units, their theories hang in suspension. They cannot explain the process that matters most – the accumulation of capital. This book offers a radical alternative. According to the authors, capital is not a narrow economic entity, but a symbolic quantification of power. It has little to do with utility or abstract labour, and it extends far beyond machines and production lines. Capital, the authors claim, represents the organized power of dominant capital groups to reshape – or creorder – their society. Written in simple language, accessible to lay readers and experts alike, the book develops a novel political economy. It takes the reader through the history, assumptions and limitations of mainstream economics and its associated theories of politics. It examines the evolution of Marxist thinking on accumulation and the state. And it articulates an innovative theory of ‘capital as power’ and a new history of the ‘capitalist mode of power’.

Human Development Report 2016

Human Development for Everyone

Author: United Nations Development Programme

Publisher: Human Development Report (Pape

ISBN: 9789211264135

Category: Business & Economics

Page: 286

View: 4150

This report focuses on how human development can be ensured for everyone, now and in future. It starts with an account of the hopes and challenges of today's world, envisioning where humanity wants to go. This vision draws from and builds on the 2030 Agenda and the Sustainable Development Goals. It explores who has been left behind in human development progress and why. It argues that to ensure that human development reaches everyone, some aspects of the human development framework and assessment perspectives have to be brought to the fore. The Report also identifies the national policies and key strategies to ensure that will enable every human being achieve at least basic human development and to sustain and protect the gains.

Harvesting Feminist Knowledge for Public Policy

Rebuilding Progress

Author: Devaki Jain,Diane Elson

Publisher: IDRC

ISBN: 8132107411

Category: Business & Economics

Page: 347

View: 3450

Harvesting Feminist Knowledge for Public Policy brings together 14 essays by feminist thinkers from different parts of the world, reflecting on the flaws in the current patterns of development and arguing for political, economic, and social changes to promote equality and sustainability. The contributors argue that the very approach being taken to understand and measure progress, and plan for and evaluate development, needs rethinking in ways that draw on the experiences and knowledge of women. All the essays, in diverse ways, offer proposals for alternative ideas to address the limitations and contradictions of currently dominant theories and practices in development, and move towards the creation of a socially just and egalitarian world.

Intellectual Property and Free Trade Agreements in the Asia-Pacific Region

Author: Christoph Antons,Reto M. Hilty

Publisher: Springer

ISBN: 3642308880

Category: Law

Page: 438

View: 751

This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President’s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world’s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and ‘second tier industrializing economies’ such as Thailand, Malaysia and Indonesia.

Thinking About Law

Perspectives on the history, philosophy and sociology of law

Author: Rosemary Hunter,Richard Ingleby,Richard Johnstone

Publisher: Allen & Unwin

ISBN: 1742696988

Category: Law

Page: 272

View: 5279

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system.

Integration Processes and Policies in Europe

Contexts, Levels and Actors

Author: Blanca Garcés-Mascareñas,Rinus Penninx

Publisher: Springer

ISBN: 3319216740

Category: Social Science

Page: 206

View: 3265

In this open access book, experts on integration processes, integration policies, transnationalism, and the migration and development framework provide an academic assessment of the 2011 European Agenda for the Integration of Third-Country Nationals, which calls for integration policies in the EU to involve not only immigrants and their society of settlement, but also actors in their country of origin. Moreover, a heuristic model is developed for the non-normative, analytical study of integration processes and policies based on conceptual, demographic, and historical accounts. The volume addresses three interconnected issues: What does research have to say on (the study of) integration processes in general and on the relevance of actors in origin countries in particular? What is the state of the art of the study of integration policies in Europe and the use of the concept of integration in policy formulation and practice? Does the proposal to include actors in origin countries as important players in integration policies find legitimation in empirical research? A few general conclusions are drawn. First, integration policies have developed at many levels of government: nationally, locally, regionally, and at the supra-national level of the EU. Second, a multitude of stakeholders has become involved in integration as policy designers and implementers. Finally, a logic of policymaking—and not an evidence-based scientific argument—can be said to underlie the European Commission’s redefinition of integration as a three-way process. This book will appeal to academics and policymakers at international, European, national, regional, and local levels. It will also be of interest to graduate and master-level students of political science, sociology, social anthropology, international relations, criminology, geography, and history.

Patents and Technological Progress in a Globalized World

Liber Amicorum Joseph Straus

Author: Wolrad Prinz zu Waldeck und Pyrmont,Martin J. Adelman,Robert Brauneis,Josef Drexl,Ralph Nack

Publisher: Springer Science & Business Media

ISBN: 3540887431

Category: Law

Page: 910

View: 8947

In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.

Direct Protection of Innovation

Author: William Kingston

Publisher: Springer Science & Business Media

ISBN: 9401712654

Category: Law

Page: 346

View: 8436

1 When in the late seventies the Commission started its preparatory work on a plan of action(l) for the creation of a real Community Innovation market, obviously the question came up, how patents or industrial property could specifically help in stimulating technological and industrial innovation and technology transfer in the Community. From an earlier contractor's study(2) about possible items of action in patent law for the improvement of the impact of patents and patenting upon innovation, it was clear that, in principle, there was room for improvement but shortage of information as to how and to what extent efficient improvements should and could be made. 2 In the early 1980s then, the need for clarifying the potential for improve ment in patent law and patent practice became more pressing, so that the Commission convened an informal meeting of experts on 3/4 November 1982 in Luxembourg, in order to discuss the issues relevant to the relation ship between patent protection and innovation and to identify suitable subject matter for action or study. 38 experts from nine Member States, coming from different areas of activity in industrial property or in innova tion attended the meeting, which was chaired by two of them.

International Intellectual Property Law and Human Security

Author: Robin Ramcharan

Publisher: Springer Science & Business Media

ISBN: 906704900X

Category: Law

Page: 324

View: 9504

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.