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: The courier: the magazine of Africa, Caribbean, Pacific & European Union Cooperation and Relations, Heft 201, S. 22-41
ISSN: 1784-682X, 1606-2000, 1784-6803
World Affairs Online
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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In: The international & comparative law quarterly: ICLQ, Band 60, Heft 4, S. 1039-1055
ISSN: 1471-6895
Community activity in this field continues to be extensive. Intellectual property is seen as a key resource for the European Union ('EU'), and crucial to its position in the global economy. The EU's manufacturing sector is much decreased in importance in comparison with the services sector. New information and communications technologies have transformed the economic environment. The Commission repeatedly emphasises the importance of intellectual property rights for innovation, employment, competition, and economic growth. Intellectual assets are regarded as central to success in the new 'knowledge economy'. There are two main strands to the Commission's work with intellectual property. One is the harmonisation of the laws of Member States, in order to eliminate barriers to trade. The other is the creation of unitary systems to protect intellectual property rights throughout the Community on the basis of a single application for protection. The Commission also demonstrates particular concern regarding counterfeiting.
In: Chapter 37, Encyclopedia of Law and Development. Koen De Feyter, Gamze E. Türkelli, and Stéphanie de Moerloose (eds). Elgar Publishing 2021.
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In: The international & comparative law quarterly: ICLQ, Band 50, Heft 3, S. 714-724
ISSN: 1471-6895
This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become "persuasive". It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.
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In: Third world quarterly, Band 34, Heft 3, S. 500-533
ISSN: 0143-6597
World Affairs Online
Introduction. The transition of Ukraine to the information society requires a constructive rethinking of the role of intellectual property, which acts as the driving force behind the creation of competitive advantages and the formation of the potential of industrial and economic relations at the national and international levels.In many cases, market relations are not capable of ensuring the transformation of the results of innovation activity into goods. Therefore, in the given conditions, effective state regulation of the commercialization of intellectual property objects becomes the first place.Purpose. The purpose of this work is to study the processes of commercialization of intellectual property and the possibility of adapting foreign experience to the realities of today's Ukraine.Methods. Theoretical analysis and graphical method.Results. In accordance with the main goal in the work the following issues are considered: various scientific approaches to the definition of the concept of "intellectual property" are investigated; considered the main ways of using intellectual property; highlighted and analyzed the main groups of problems of regulation of relations connected with the commercialization of the results of intellectual property; the experience of foreign countries regarding the commercialization of the results of intellectual property was considered, namely, the main problems of this process were identified, possible solutions were proposed and the main toolkit used in the settlement of these problems was identified; The mechanism for the development of solutions based on the problems described in the work will be based and presented in a schematic form.Originality. The experience of commercialization of the results of intellectual activity abroad is generalized. The mechanism of solving the problems of commercialization of the results of intellectual activity is proposed.Conclusions. Thus, we can conclude that any problem of commercialization of intellectual property objects can be solved by finding a compromise between the parties, taking into account the legislative framework operating in the country, the choice of fundamental criteria, the assessment of the effectiveness and risks of a number of proposed options. Every solution proposed for the next implementation must be documented in the enterprise and have a correlation with the main development strategy.
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In: James Y. Stern, Property, Intellectual Property, and Regulation, in The Cambridge Handbook of Classical Liberal Thought (M. Todd Henderson ed., Cambridge University Press 2018).
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Introduction to the 2018 Annual Clancy Ratliff, University of Louisiana at Lafayette'Blockbuster Sermons' and Authorship Issues in Evangelicalism TJ Geiger, Baylor UniversityPlagiarizing a Pushcart Prize Lanette Cadle, Missouri State UniversitySue for Mario Bros.: Nintendo vs Emulation Kyle D. Stedman, Rockford UniversityCockygate: Trademark Trolling, Romance Novels, and Intellectual Property Devon Fitzgerald Ralston, Winthrop UniversityA (Zombie) Legislative Proposal with Implications for Fair Use and Remix Culture Kim Gainer, Radford University
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In: Australian journal of political science: journal of the Australasian Political Studies Association, Band 36, Heft 2, S. 394
ISSN: 1036-1146