intellectual property rights and competition in standard setting objectives and tensions routledge research in intellectual property

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Intellectual Property Rights And Competition In Standard Setting

Author : Valerio Torti
ISBN : 9781317376651
Genre : Law
File Size : 76. 71 MB
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Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

Intellectual Property Policy Law And Administration In Africa

Author : Caroline B. Ncube
ISBN : 9781317589969
Genre : Law
File Size : 28. 17 MB
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This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa’s nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states’ unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights. This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.

Rethinking Intellectual Property

Author : Gustavo Ghidini
ISBN : 9781783478019
Genre : LAW
File Size : 54. 58 MB
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Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Politics Of Intellectual Property

Author : European Consortium for Political Research. Joint Sessions of Workshops
ISBN : 9781849802062
Genre : Law
File Size : 53. 95 MB
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We know much more about the global politics of intellectual property than we do about national political contests over the ownership of knowledge. Haunss and Shadlen have identified this gap in the literature and have done a fine job of bringing together a set of essays that helps to fill this gap in our understanding of the multi-layered nature of intellectual property politics. Peter Drahos, The Australian National University, Canberra This thought-provoking volume provides invaluable new insights and is a major contribution to the debate on the politics of intellectual property rights. Duncan Matthews, Queen Mary, University of London, UK This book offers empirical analyses of conflicts over the ownership, control, and use of knowledge and information in developed and developing countries. Sebastian Haunss and Kenneth C. Shadlen, along with a collection of eminent contributors, focus on how business organizations, farmers, social movements, legal communities, state officials, transnational enterprises, and international organizations shape IP policies in areas such as health, information-communication technologies, indigenous knowledge, genetic resources, and many others. The innovative and original chapters examine conflicts over the rules governing various dimensions of IP, including patents, copyrights, traditional knowledge, and biosafety regulations. Written from a political perspective, this book is a must-read for political scientists, sociologists and anthropologists who study IP and conflicts over property. It is also an essential read for stakeholders in institutions, NGOs and industry interested in knowledge governance and IP politics.

Biodiversity Genetic Resources And Intellectual Property

Author : Kamalesh Adhikari
ISBN : 9781351580335
Genre : Law
File Size : 56. 16 MB
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Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

African Contributions In Shaping The Worldwide Intellectual Property System

Author : Mr Tshimanga Kongolo
ISBN : 9781472404251
Genre : Law
File Size : 52. 9 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.

Re Thinking Intellectual Property

Author : YiJun Tian
ISBN : 9781134038466
Genre : Business & Economics
File Size : 39. 79 MB
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Copyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the "global knowledge-based economy" and copyright law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general. This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries, YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.

Intellectual Property And Competitive Strategies In The 21st Century

Author : Shahid Alikhan
ISBN : 9789041126443
Genre : Law
File Size : 71. 97 MB
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It is scarcely five years since the first edition of this book, a milestone in the strategy-oriented approach to intellectual property at the global level, appeared and was quickly and widely welcomed as virtually an intellectual property agenda for the 21st century. This second edition includes a judicious update of the original data and analysis in light of the significant movement forward that has taken place over the past few years in many of the critical areas that shape the competitive strategies in the use of IP Rights. The authors have lost none of their conviction of the necessity to enhance awareness of the techno-economic effects of intellectual property rights protection on enterprise competitiveness and national growth and development. The book provides a panoramic but detailed view of the worldand’s intellectual property system that embraces socioeconomic, cultural and technological development in its scope, clarifying the pitfalls and challenges that the system presents even as it promises to improve the quality of life on our planet. The authors both internationally respected and honoured for their work in elucidating the economic necessity of an intellectual property system that can inspire universal confidence, emphasize the imperative of international competiveness in knowledge-based technology. In their orderly presentation of the key issues that promote the real benefits (not yet achieved) of a truly effective regime of intellectual property rights they discuss such factors as the following: the use of intellectual property as an integral part of business strategy; optimal utilization of intellectual property assets; the incentives and rewards of and‘fair playand’ in the marketplace; facilitation of widespread diffusion and adoption of the fruits of creativity and innovation; the crucial role of small and medium enterprises; the need at every level for deliberate incentive policies that encourage creativity and invention; strict enforcement of intellectual property rights; creating linkages between intellectual property stakeholders; and use of patent information for forecasting technology trends. These issues and recommendations and more are all discussed in a framework that highlights each of the major areas of knowledge in which intellectual property rights are most insistently invoked today, such as the digital economy, e-commerce, Internet domain names, database protection, protection of plant varieties, design of integrated circuits, biotechnology, and nanotechnology. Ultimately, however, this outstanding workand’s most important contribution lies in its vision of the organic corporation of governments, institutions, supranational organizations, multinational corporations, small and medium enterprises, and civil society as they collectively fashion a 21st century in which creativity and innovation are enabled to convert knowledge into wealth and social good. For this reason, as well as for its richly detailed treatment of trends and current reality in the field, this new, updated edition of Intellectual Property and Competitive Strategies in the 21stCentury will continue to be read and put to good use by business people, international lawyers, government officials, and interested academics in all parts of the world.

Innovation Intellectual Property And Economic Growth

Author : Christine Greenhalgh
ISBN : 9780691137995
Genre : Business & Economics
File Size : 52. 68 MB
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Christine Greenhalgh explains the complex process of innovation & how it sustains the growth of firms, industries & economies, combining microeconomic & macroeconomic analysis.

Internet And Society

Author : Christian Fuchs
ISBN : 9781135898823
Genre : Computers
File Size : 77. 40 MB
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In this exceptional study, Christian Fuchs discusses how the internet has transformed the lives of human beings and social relationships in contemporary society. By outlining a social theory of the internet and the information society, he demonstrates how the ecological, economic, political, and cultural systems of contemporary society have been transformed by new ICTs. Fuchs highlights how new forms of cooperation and competition are advanced and supported by the internet in subsystems of society and also discusses opportunities and risks of the information society.

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