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Unsettled International Intellectual Property Issues

Author: Tshimanga Kongolo
Publisher: Kluwer Law International B.V.
ISBN: 9041126414
Size: 50.35 MB
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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.

African Contributions In Shaping The Worldwide Intellectual Property System

Author: Tshimanga Kongolo
Publisher: Routledge
ISBN: 1317184327
Size: 34.10 MB
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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.

The Global Regime For The Enforcement Of Intellectual Property Rights

Author: Xavier Seuba
Publisher: Cambridge University Press
ISBN: 1108247954
Size: 21.85 MB
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In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.

The International Law Of Property

Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Size: 36.89 MB
Format: PDF
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Computer Games And Virtual Worlds

Author: Ross A. Dannenberg
Publisher: American Bar Association
ISBN: 9781604427509
Size: 35.58 MB
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This book explores and discusses how to obtain traditional intellectual property law rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for researching these emerging legal issues. Each chapter addresses: end user license agreements; copyrights, patents, trademarks; and trade secrets, as addressed by U.S. law. It also covers international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.

The Wto After Seattle

Author: Jeffrey J. Schott
Publisher: Peterson Institute
ISBN: 9780881322903
Size: 75.73 MB
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"The WTO after Seattle", presented by the Institute for International Economics, analyzes the problems and challenges facing the World Trade Organization after the failure of the Seattle trade ministerial in December 1999. The volume presents balanced perspectives on world trade problems by authors from the United States, Europe, Asia, and Latin America, with recommendations on what needs to be done in key areas to launch new talks.

Intellectual Property Rights In A Networked World

Author: Richard A. Spinello
Publisher: IGI Global
ISBN: 9781591405764
Size: 65.18 MB
Format: PDF
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Annotation Intellectual Property Rights in a Networked World: Theory and Practice is a collection of contributions offering fresh perspectives on the scope and future of intellectual property rights. Part 1 consists of a single essay that provides a broad overview of the main themes in intellectual property scholarship. The second section of this book presents several essays that are intended to deepen the reader's understanding of intellectual property theory and show how it can help us to grapple with the proper allocation of property rights in cyberspace.

Genetic Engineering And The World Trade System

Author: Daniel Wüger
Publisher: Cambridge University Press
ISBN: 1139472682
Size: 59.42 MB
Format: PDF, ePub
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While the WTO agreements do not regulate the use of biotechnology per se, their rules can have a profound impact on the use of the technology for both commercial and non-commercial purposes. This book seeks to identify the challenges to international trade regulation that arise from biotechnology. The contributions examine whether existing international obligations of WTO Members are appropriate to deal with the issues arising for the use of biotechnology and whether there is a need for new international legal instruments, including a potential WTO Agreement on Biotechnology. They combine various perspectives on and topics relating to genetic engineering and trade, including human rights and gender; intellectual property rights; traditional knowledge and access and benefit sharing; food security, trade and agricultural production and food safety; and medical research, cloning and international trade.

Intellectual Property

Author: Roger E. Schechter
Publisher: West Group
ISBN:
Size: 27.48 MB
Format: PDF, ePub, Mobi
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This work provides a comprehensive treatment of all three major branches of intellectual property law, surveying basic principles and emerging issues. The book summarizes what is clear, identifies what is unsettled, and offers concise views on how some open issues might be sensibly resolved. This text also deals with a variety of related intellectual property topics, including state laws governing the misappropriation of intangibles, state protection for the right of publicity and for trade secrets, and both federal and state rules concerning false advertising and deceptive trade practices. The authors use numerous examples to guide you through various technical areas.