Intellectual Property
In: Ma Fouche (Ed) Legal Principles of Contracts and Commercial Law 7ed (2012) Lexisnexis 289 – 306 (with Collier-Reed D and Schonwetter T)
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In: Ma Fouche (Ed) Legal Principles of Contracts and Commercial Law 7ed (2012) Lexisnexis 289 – 306 (with Collier-Reed D and Schonwetter T)
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In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 1, Heft 1, S. 72-76
ISSN: 2190-8249
This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals' health and safety, inter alia.
In: Iliria international review, Band 2, Heft 1, S. 202
ISSN: 2365-8592
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.
In: Yearbook of European law, Band 17, Heft 1, S. 423-434
ISSN: 2045-0044
In: Yearbook of European law, Band 16, Heft 1, S. 559-569
ISSN: 2045-0044
In: Yearbook of European law, Band 15, Heft 1, S. 409-419
ISSN: 2045-0044
In: Yearbook of European law, Band 9, Heft 1, S. 315-322
ISSN: 2045-0044
In: Journal of international economic law, Band 1, Heft 4, S. 603-606
ISSN: 1464-3758
In: Yearbook of European law, Band 13, Heft 1, S. 485-496
ISSN: 2045-0044
In: Yearbook of European law, Band 12, Heft 1, S. 635-641
ISSN: 2045-0044
In: Yearbook of European law, Band 10, Heft 1, S. 469-479
ISSN: 2045-0044
In: The EU Deep Trade Agenda, S. 137-178
In: The international & comparative law quarterly: ICLQ, Band 43, Heft 1, S. 212-217
ISSN: 1471-6895
"Reforming Intellectual Property brings together 19 of the world's leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy. Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers' rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty. This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas"--
Testimony issued by the General Accounting Office with an abstract that begins "Improperly defined intellectual property rights in a government contract can result in the loss of an entity's critical assets or limit the development of applications critical to public health or safety. Conversely, successful contracts can spur economic development, innovation, and growth, and dramatically improve the quality of delivered goods and services. Contracting for intellectual property rights is difficult. The stakes are high, and negotiating positions are frequently ill-defined. Moreover, the concerns raised must be tempered with the understanding that government contracting can be challenging even without the complexities of intellectual property rights. Further, contractors often have reasons for not wanting to contract with the government, including concerns over profitability, capacity, accounting and administrative requirements, and opportunity costs. Within the commercial sector, companies identified a number of specific intellectual property concerns that affected their willingness to contract with the government. These included perceived poor definitions of what technical data is needed by the government, issues with the government's ability to protect proprietary data adequately, and unwillingness on the part of government officials to exercise the flexibilities available concerning intellectual property rights. Some of these concerns were on perception rather than experience, but, according to company officials, they nevertheless influence decisions not to seek contracts or collaborate with federal government entities. Agency officials shared many of these concerns. Poor upfront planning and limited experience/expertise among the federal contracting workforce were cited as impediments. Although agency officials indicated that intellectual property rights problems may have limited access to particular companies, they did not cite specific instances where the agency was unable to acquire needed technology. Agency officials said that improved training and awareness of the flexibility already in place as well as a better definition of data needs on individual contracts would improve the situation."
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