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"Intellectual Property Regulation under International Law" published on by Oxford University Press.

AbstractOverlap among international institutions affects the strategic options that are available to actors. Yet no existing approach fully explains who benefits from regime complexity. While some point to materially powerful actors, others highlight weaker challengers of the status quo. Drawing on historical institutionalism, I conceptualize two dimensions of complexity. I argue that depending on the mode of interaction among the institutions in and the degree of institutional fragmentation of a governance area, opportunity structures for weaker challengers are more open or closed. Shifts on these dimensions over time thus lead to an opening or a closure of opportunity structures for challengers. I assess this argument by focusing on such shifts in two areas intellectual property regulation. The article contributes to the overall topic of the special issue and advances the literature on regime complexity by highlighting the divergent effects of different forms of institutional complexity on different classes of actors.

Although the Chinese government has issued and revised a series of policies and regulations on intellectual property, infringement still repeatedly occurs. China is in a critical period of economic transformation and upgrading, and the problem of intellectual property infringement is becoming increasingly prominent. Accordingly, in this study, an evolutionary game analysis-based behavioral interaction framework between innovative enterprises and local government regulators, based on evolutionary game theory, was constructed. The strategy choice of both sides of the game and the evolutionary stability of the system were analyzed, and the evolutionary path of each equilibrium point was verified by simulation. The results show that the proposed framework is complex; the dynamic evolutionary system has different evolutionary equilibrium states under different institutional environments. Profit is not the only factor affecting the behavior decision of enterprises; the behavior strategies of governments also have an effect, and the interaction is mutual. Under the government supervision mode, innovative enterprises gradually evolve into the non-infringement strategy under the pressure of external supervision. However, the policy cost of this mode is too high for it to be the optimal solution for regulatory policy. Under the mode of no government supervision, the innovation incentive policy gives enterprises the internal motivation to innovate, results in a relative reduction in the infringement income, and blocks the inducement of infringement. This can effectively control enterprise infringement to realize the sustainable development of enterprises and ultimately achieve the desired objectives of government regulatory policy.

Con el propósito de fomentar la generación, el uso adecuado y gestión del conocimiento propio y de terceros, en el desarrollo de las funciones misionales, investigación, docencia y extensión de la Universidad Autónoma de Bucaramanga, se adopta este Reglamento de Propiedad Intelectual como referente normativo articulado con la Política de Propiedad Intelectual, los estatutos universitarios, el Proyecto Educativo Institucional (PEI) y demás normas que respaldan el quehacer institucional, con el objetivo de brindar tratamiento armónico a los aspectos de la propiedad intelectual (PI) que rodean los procesos artísticos, culturales, académicos, investigativos y de extensión de la Institución. El presente reglamento se rige por la Constitución Política de Colombia, los tratados internacionales ratificados por Colombia, las leyes, decretos y demás normas que regulen el uso y aseguramiento de la propiedad intelectual, aplicables a las relaciones de generación de conocimiento, cooperación y asociación que efectúe en desarrollo de las funciones la Universidad Autónoma de Bucaramanga. ; Título primero: principios y generalidades de la propiedad intelectual Capítulo primero: principios orientadores Capítulo segundo: generalidades de la propiedad intelectual en la Universidad Autónoma de Bucaramanga Título segundo: sujetos y titularidad de la propiedad intelectual Capítulo primero: de los sujetos y participantes Capítulo segundo de los contratistas Capítulo tercero: de la titularidad y derechos patrimoniales Capítulo cuarto: negociación de creadores y reparto de utilidades Título tercero: mecanismos de protección Capítulo primero: de los mecanismos de protección Título cuarto: Producciones Inte4lectuales Capítulo primero De la producción de estudiantes, profesores y administrativos Capítulo segundo: de las tesis y trabajos de grado Capítulo tercero: publicación Capítulo cuarto: transferencia y uso de la propiedad intelectual Capítulo quinto: uso de contenidos en la web, software, y correo institucional Título quinto: Comité de propiedad intelectual Capítulo primero: comité de propiedad intelectual y funciones Capítulo segundo: instancias de aseguramiento Capítulo tercero: disposiciones finales y vigencia ; With the purpose of promoting the generation, proper use and management of one's own knowledge and that of third parties, in the development of missionary functions, research, teaching and extension of the Autonomous University of Bucaramanga, this Intellectual Property Regulation is adopted as a normative reference articulated with the Intellectual Property Policy, the university statutes, the Institutional Educational Project (PEI) and other norms that support the institutional work, with the aim of providing harmonious treatment to the aspects of intellectual property (IP) that surround the artistic processes , cultural, academic, investigative and extension of the Institution. This regulation is governed by the Political Constitution of Colombia, the international treaties ratified by Colombia, the laws, decrees and other norms that regulate the use and assurance of intellectual property, applicable to the relations of generation of knowledge, cooperation and association that carry out in development of the functions the Autonomous University of Bucaramanga.

Intellectual property refers to creations of the mind: inventions, literary and works of art, as well as symbols, names, images, and designs that are used in commerce. Intellectual property is divided into two categories industrial property, which includes inventions (patents), trademarks industrial designs, and geographic indications of source; and copyright which includes literary and works of art such as novels, poems and plays films, musical works, works of art such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes. 1883 marked the birth of the Paris Convention for the Protection of Industrial Property, the first major international treaty designed to help the people from one country obtain protection in other countries for their intellectual creations in the form of industrial property rights, known as: inventions (patents), trademarks, industrial designs. In 1886, copyright entered the international arena with the Berne Convention for the Protection of Literary and Artistic Works. The aim of this Convention was to help nationals of its member States obtain international protection of their right to control, and receive payment for the use of their creative works such as: novels, short stories, poems plays; songs, operas, musicals, sonatas; and drawings, paintings sculptures, architectural works. The Universal Copyright Convention (UCC) was adopted in 1952 and formalised in 1955, as a complementary agreement to the Berne Convention. The UCC membership included the United States, and many developing countries that did not wish to comply with the Berne Convention, since they viewed its provisions as overly favourable to the developed world. Patent Cooperation Treaty, signed on June 19,1970, provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed. On November 6, 1925, the Hague Agreement Concerning the International Deposit of Industrial Designs was adopted within the framework of the Paris Convention. Under the provisions of the Hague Agreement, any person entitled to effect an international deposit has the possibility of obtaining, by means of a single deposit protection for his industrial designs in a number of States with a minimum of formalities and of expense. The system of international registration of marks is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement that was adopted in 1989. It entered into force on December 1, 1995, and came into operation on April 1, 1996. The reason for adopting the much more recent Protocol, following the original Madrid Agreement of 1891 (last amended at Stockholm in 1967), was the absence from the Madrid Union of some of the major countries in the trademark field, for example, Japan, the United Kingdom, and the United States of America. The Protocol is intended to make the Madrid system acceptable to more countries. The Rome Convention consists basically of the national treatment that a State grants under its domestic law to domestic performances, phonograms and broadcasts. Apart from the rights guaranteed by the Convention itself as constituting that minimum of protection, and subject to specific exceptions or reservations allowed for by the Convention, performers, producers of phonograms and broadcasting organisations to which the Convention applies, enjoy in Contracting States the same rights as those countries grant to their nationals. The World Intellectual Property Organization (WIPO) is an international organisation dedicated to promoting the use and protection of works of the human spirit. These works, intellectual property, are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. In 1974, WIPO became a specialised agency of the United Nations system of organisations, with a mandate to administer intellectual property matters recognised by the member states of the UN. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialised agencies of the United Nations system of organisations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organisation counts 177 nations as member states. One of the successes of the Uruguay Round of trade negotiations was the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement), which came into effect on 1 January 1995, and up to date it the most comprehensive multilateral agreement on intellectual property. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they wish so. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice On January 1, 1996, an Agreement Between the World Intellectual Property Organization and the World Trade Organization entered into force. It provides for cooperation concerning the implementation of the TRIPS Agreement, such as notification of laws and regulations and legal-technical assistance and technical co-operation in favour of developing countries. In the 21st century intellectual property will play an increasingly important role at the international stage. Works of the mind - intellectual property such as inventions, designs, trademarks, books, music, and films, are now used and enjoyed on every continent on the earth. In the new millennium international protection of intellectual property rights faces many new challenges; one of the most urgent is the need for states to adapt to and benefit from rapid and wide-ranging technological change, particularly in the field of information technology and the Internet.

ABSTRACT
This article reports on a qualitative study of Intellectual Property regulation in Canadian universities, visited by the author. The study was based on policy and regulation comparative analysis, as well as semi-structured expert interviews carried out at Southern Ontario, Alberta and British Columbia universities. The principal assumption and purpose of the study is the useful understanding of the Canadian university intellectual property policies for potential applications to Lithuania and other emerging economies in the Baltic region and elsewhere. The study aimed to review and identify features of Canadian university intellectual property regimes, which can be held responsible for stimulating and sustaining technological innovation.