...Intellectual property rights provide the foundation for building and extending markets for new technology. Economists and policymakers are progressively realizing that to manage and encourage technological progress, there is a need of a framework of legal institutions that promotes its benefits but also limits its excess. The paramount difficulty of companies and individuals engaging in development of new technology of any kind is appropriating the fruits of their labor. In developed market economies, in spite of the presence of substantial intellectual property rights, the widespread imitation of intellectual property deems them imperfect and inadequate. Lax enforcement of domestic laws and regulations, and the absence of international treaties concerning the protection of international property rights further aggravate the problem. The framework and implementation of intellectual property rights shapes the success of major industries ranging from computer software, biotechnology to entertainment as it determines how they can market their products. Intellectual property is expensive to create but easy to reproduce. The fixed cost of producing intellectual property is high, but its marginal cost is low. For example, the research and development of a drug can cost billions of dollars, but its reproduction can easily be done at low costs. Lack of protection gives rise to free riding on the innovator’s production and kills the innovator’s incentive to produce more. Registering...
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..."Intellectual Property and Global Intellectual Property Rights" Please respond to the following: Determine whether or not existing “fair use” exceptions strike an appropriate balance between creators and users of the material. Provide two (2) specific examples to support your response. The fair use doctrine permits limited use of copyrighted material without the individual getting permission from the rights holders. "Copyright laws were established not to give the author the right to deny their work to other people, but instead to encourage its creation". It’s a fine line between the rights of the creator and the public's interest.When in conflict, the balance tips more heavily toward the public’s interest, which is often contrary to what the creator believes to be fair or just. For example when an individual uses a picture online for a product review, more than likely you want a quality picture so the individuals website and upload that particular picture to the review. The picture will not take the place for the actual product, so the owner’s rights are not affected at all. Therefore, the individual's right to use the copyrighted image would likely be permitted under fair use. www.copylaw.org/p/normal-0-false-false-false-en-us-x-none.html Determine the key legal and ethical issues surrounding the ability of pharmaceutical companies to patent and exploit plant-derived substances, and suggest at least one (1) way in which a company might provide compensation besides...
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...Competition Law and Intellectual Property Rights with Special Reference to the TRIPS Agreement Research Paper for the Competition Commission of India February-March 2010 Eashan Ghosh V Year, B.A. LL.B. (Hons.) National Law School of India University, Bangalore TABLE OF CONTENTS §1 THE IPR AND COMPETITION LAW INTERFACE_____2 §2 TYPES OF RESTRAINTS_____3 §3 COMPETITION LAW REGULATION OF IPRs ACROSS JURSIDICTIONS_____4 §3.1 Europe_____4 §3.2 US_____4 §3.3 Other Jurisdictions_____5 §4 THE TRIPS AGREEMENT_____5 §4.1 Article 7_____6 §4.2 Article 8.2 _____7 §4.3 Article 40_____7 §4.4 Article 6_____10 §4.5 Article 31_____11 §5 WHAT STANCE SHOULD DEVELOPING COUNTRIES TAKE?_____12 §6 ADDRESSING THE IPR AND COMPETITION LAW INTERFACE IN INDIA_____14 §6.1 Through Domestic Legislation_____14 §6.2 At International Fora_____15 §7 ENDNOTES_____17 BIBLIOGRAPHY_____29 Primary Sources_____29 Secondary Sources_____32 1 §1 THE IPR AND COMPETITION LAW INTERFACE The simple hallmark of competition law is the protection of those principles and practices which enable the efficient functioning of markets.1 A natural concomitant to this objective is making certain that incumbent enterprises do not engage in anticompetitive practices to the detriment of the market.2 However, the application of competition law standards—in terms of practices that should be banned outright, viewed as potentially anticompetitive or should be investigated further—varies widely across jurisdictions.3 The interaction...
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...Intellectual Property Rights 2014 1.Intellectual property rights: US set to punish India The Indian embassy in Washington DC too scheduled a briefing by its economic and commerce wings soon after the expected US action. TNN | Feb 10, 2014, 10.28PM IST WASHINGTON: It's not looking good between New Delhi and Washington. Tensions over the Khobragade episode are yet to fully dissipate, but the two sides are locking horns again over intellectual property rights. The Obama administration is scheduled to announce unspecified ''trade enforcement action'' against India on Monday evening (Tuesday am IST) Washington time. United States trade representative (USTR) Michael Froman and general counsel Timothy Reif will hold a news conference to announce action related to India, the USTR said earlier in the day in a head's up to journalists. The Indian embassy in Washington DC too scheduled a briefing by its economic and commerce wings soon after the expected US action. All this comes ahead of a re-scheduled visit to New Delhi of US energy secretary Ernesto Munoz, which was postponed from January because of the Khobragade row. 2.Hurdles in business growth forcing entrepreneurs to mass exodus Krithika Krishnamurthy, ET Bureau Mar 28, 2014, 04.30AM IST * (Starting up in India is easy…) Within the next six months, Bangalorebased technology entrepreneur Jay Krishnan will be heading east in search of a better place to locate his fast-growing business...
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...Intellectual Property Rights and Economic growth “Imagination is more important than knowledge” – Albert Einstein Albert Einstein’s preference of imagination over knowledge speaks well to the potential capabilities of enterprises and businesses. If a creative idea is discovered, it can be transformed into innovative products. Innovation is instrumental among other things in creating new jobs, providing higher incomes, offering investment opportunities and curing disease. “There is wide agreement that innovation and entrepreneurial activity are the engines of long-run economic growth” (Hill 63). Intellectual property rights have become a significant factor in both creating and using ideas that are translated into knowledge and inventions to promote innovation and economic growth. Through this paper I will discuss the importance of protecting intellectual property and its impact on economic development. What is intellectual property and IPR’s? “Intellectual property refers to property that is the product of intellectual activity” (Hill 54). It might be a poem that you write, a computer software, a mother’s invention of saline Boogie Wipes for babies or a formula for a new drug. Creators can be given the right to prevent others from using their inventions, designs or other creations and to use the right to negotiate payment in return for others to use them. These are “Intellectual property rights”. They allow the creator or owner of a patent, trademark, or copyright...
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...The most extensive connotation of the word “property” is that which encompasses the entirety of the legal rights, whatever their nature may be, to which a person is considered entitled. Property is a very unique right to a particular object which may be enforced against the whole world. In other words a property right is binding in rem. William Blackstone famously defined the term property to mean the “sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. This application of the term property may be simplified by stating that property is a right which enables the person possessing such right to exclude the world at large from the exploitation of such right. 1.1 Theories of Property There is considerable literature on the theories of property. Some of the theories that have been developed are reproduced hereunder. The Occupation theory is one of the oldest theories and it is based on the assumption that whoever discovers something will be entitled to its ownership. In other words the right to property is based on the original discovery and occupation. The Labour theory of property as propounded by John Locke provides that if man adds labour to anything that has been provided by God it entitles him to that particular thing. The Philosophical theory of property according to this theory the institution of property lies in the well being of the community as...
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...Intellectual property rights drive innovation for the greater good Professor Kevin Fandl Legal -210 May 24, 2011 Are intellectual property rights necessary to help drive innovation? Offering protection under the law for one’s own idea or creation fuels interest for those to attempt to bring ideas to life. Some may feel that anything created to benefit society is part of an obligation to mankind. In addition, some feel that contributing to a society in which you are already privileged to live in should be reward enough. Both arguments for profit and simple recognition hold weight. My argument is that both are necessary to drive innovation in society, and that the individual has the right to be recognized and or to profit for any intellectual property they create. Intellectual property as described on the World Intellectual Property Organizations website is defined as, “Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce” (WIPO, 2011). There are two sections devoted to Intellectual Property industrial property and copyright material. Copyright material may include photographs, paintings’, and written songs for example. Industrial property refers to inventions, patents and trademarks. In the article, the Upside of Intellectual Property’s Downside two arguments are presented. Contrary to my argument that intellectual property does motivate innovation that benefits society, the article shades light on the...
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...Trade Related Aspects of Intellectual Property Rights (TRIPS) The Agreement on TRIPS is an international agreement administered by the WTO that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of WTO Members. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. Specifically, TRIPS contains requirements that nations' laws must meet for copyright rights, geographical indications, industrial designs; patents; trademarks. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Ratification of TRIPS is a compulsory requirement of World Trade Organization membership. TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS: Copyright - Copyright terms must extend to 50 years after the death of the author. Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection. Patents - The agreement says patent protection must be...
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...working papers The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence By Rod Falvey Leverhulme Centre for Research on Globalisation and Economic Policy, School of Economics, The University of Nottingham and Neil Foster Department of Economics, University of Vienna In cooperation with Olga Memedovic UNIDO, Strategic Research and Economics Branch UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION Vienna, 2006 This publication was prepared by Olga Memedovic, UNIDO staff member from the Strategic Research and Economics Branch drawing on the background paper prepared for the UNIDO Research Project “Public Goods for Economic Development”, by Rod Falvey and Neil Foster. Rod Falvey is Professor of International Economics, Leverhulme Centre for Research on Globalisation and Economic Policy, School of Economics, The University of Nottingham. Neil Foster is Assistant Professor of economics at the Department of Economics, University of Vienna. The publication has benefited from the valuable comments provided by Professor David Greenaway during the finalization of this publication. UNIDO intern Robert Lambertus van Lavieren provided assistance during various stages of preparing this publication. The authors are grateful to Michael Bailey for proofreading the final...
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...Chandra G012 Dhagash Desai G015 Joy Francis G017 Prateek Gupta G030 Intellectual Property Rights Intellectual Property Rights Contents Patents Act, 1970 5 Objective of the Patents Act, 1970 5 Types of patents granted in India 5 Inventions which are not patentable under this Act 5 Case Law – Novartis AC vs Union of India 5 Process of Obtaining a Patent 6 Form of Patent Application 6 Provisional and Complete Specification 7 Amendment of application and specification 7 Publication and Examination of Applications 7 Grant of Patent 7 Opposition to Grant of Patents 8 Provisions for Secrecy of Certain Inventions 8 Surrender and Revocation of Patents 8 Revocation of patent in public interest 9 Revocation of patent relating to atomic energy 9 Register of Patents 9 Rectification of Register by Appellate board 9 Register to be open for Inspection 9 Assignment of patents 9 Registration of assignments, transmissions, etc 9 Power of Controller of Patents 9 Power of controller in respect of evidence 9 Working of patents 10 Compulsory Licenses 10 Revocation of patents by the controller for Non-Working 10 Termination of Compulsory License 10 Use of inventions for Purposes of Government 10 Acquisition of Patents by Government 10 Suits for infringement of patents 10 Penalties 10 Patent Agents 11 Qualifications for registration as patent agents 11 Rights of Patent agents 11 Case Law: Revocation of Jamun patent 11 Copyright...
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...Intellectual Property Rights: The Internet The creation of the internet has created new avenues where knowledge and information could be shared instantaneously around the world and has been a key component in globalization. We can now share data that we have to almost anyone across the globe. However, this rise in information sharing presents a new problem: the protection of intellectual property rights. Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. Intellectual property is divided into two categories: industrial property, which covers patents for inventions, trademarks, and industrial designs; and copyright which include literary works, artistic works, and rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. These property rights protect the owners of copyrighted works to benefit from their own work. The ease of which files can be shared through the internet mean that material that are protected by copyright laws could be copied by anyone without the consent of the owner of the material. This act of file sharing is double-edged. On one hand, a person can readily access material that is not available physically near his geographic location. The internet removes this limitation and frees him from barriers and restrictions imposed by the companies...
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...Research on Intellectual Property rightsBy Collins MerokaCollege | | Introduction Internet as seen in the present advancement in technology has brought myriad of achievements. It has further created a new world for online opportunities and challenges as well. In digital transmission of materials, protected work can be shared through the internet in one form or the other. These forms may include, but not limited to, music, still pictures, video clips and sound. With all these sharing, internet has become a common place to upload and download audio-visual materials like recorded films. Copyright is a common method used to protect ones production rights on a particular piece of material over the internet. In fact, the graph below shows that copyright infringement is the most common type of infringement; Figure 1: source; Canadian SME However, in peer-to-peer file sharing, most people infringe these rights and pass other people’s work as their own. In fact, IFPI states in their report that “the ease of access to music by means of illegal file sharing has damaged its perceived value to customers”. This has been a great challenge to music and film industry globally (Leyshon, A., 2003). For instance in the recent emergence of file swapping services that are based on the internet. These services include Napster that has allowed huge exploitation of recorded work without any little authorization of the users. Actually, this has been attributed to the slow rate of sales...
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...Intellectual Property Rights and the Pharmaceutical Industry Patented medicines are not to blame for lack of access to life-saving drugs Two bottles of a medicine Two bottles of a medicine for liver patients, Epogen, one real (left) and one counterfeit. (© AP Images) (The following article is taken from the U.S. Department of State publication, Focus on Intellectual Property Rights.) Intellectual Property Rights and the Pharmaceutical Industry By Judith Kaufmann Many claim that more people do not have access to life-saving drugs because of high prices and that patent rights both increase prices and stand in the way of getting treatment to those who need it. Both of these claims are false. Drugs that cure AIDS and many other diseases are available precisely because of patent protection. Patent protections encourage research and development by offering the possibility that a pharmaceutical company's investment will be repaid, a powerful incentive to companies to invest millions and millions of dollars into risky research and development of these medications. Without patent protection, other manufacturers could copy new drugs immediately. Since their costs are minimal, they can offer their versions at a reduced price, seriously hurting the ability of the company that developed the drug to recoup its costs. In addition, those years in which a company's patented products are protected can help generate the funding that makes research into the next generation...
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...Trade Related Intellectual Property Rights Coursework 2 Module 7LC018 Harvey Jones Student 100045856 December 2008 It has often been said that the WTO dispute settlement system provides an opportunity for developing countries to challenge trade measures taken by developed countries. This essay is an evaluation of whether the above statement reflects the reality of what happens in the dispute settlement system. Introduction The TRIPS Agreement There must be few people that disagree that there are benefits from engaging in trade. Trade across borders has occurred since the early part of human history, and international trading has developed from countries trading within their own borders. The WTO system can be argued not to be a free trade model but as a practical commercial arrangement between member nations. The World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT) have been enormously successful over the last 50 years at reducing tariff and other trade barriers among an ever increasing number of countries. If numbers of member nations are an indication of success then the WTO can be considered to be very successful. Crowley (2003) comments that GATT the predecessor to the WTO began in 1947 with only 23 members; Statistics from the website of the WTO show that on the 27th July 2007 the membership of the WTO comprised 151 countries. Several differences between GATT and the WTO can be noted. The first development is the rise of...
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...the basics of reputation management 5.13 11. Reputation management in a crisis 5.15 11-1 Example 5.1: The Brent Spar crisis – Underestimating shareholder expectations PART C: PROTECTING INTELLECTUAL PROPERTY OF ORGANISATION 12. Introduction 5.17 13. What is intellectual property? 5.18 14. Importance of intellectual property 5.18 14-1 Example 5.2: Brand value v. net tangible assets 14-2 Brand values compared to tangible assets 15. Intellectual property rights 5.19 15. Types of intellectual property 5.20 15-1 Trademark 15-2 Patent 15-3 Utility model 15-4 Industrial design 15-5 Geographical indications of source & appellations of origin 15-6 Undisclosed information and trade secrets 15-7 Copyright 15-8 Related rights 15-9 Other rights – Topographies and plant breeder rights 16. Balanced IP protection 5.24 16-1 Case study 5.1: Government support of research for the public good 17. Abuse of intellectual property 5.26 17-1 Example 5.6: Piracy in the music industry 17-2 New methods for protecting intellectual property 18. Enforcing...
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