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 : 9781317376644
Genre : Law
File Size : 25. 41 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 : 9781317589952
Genre : Law
File Size : 26. 24 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 : 89. 81 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.

Biodiversity Genetic Resources And Intellectual Property

Author : Kamalesh Adhikari
ISBN : 9781351580335
Genre : Law
File Size : 37. 72 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.

Organizational Behaviour In Sport

Author : James Skinner
ISBN : 9781136476747
Genre : Business & Economics
File Size : 71. 2 MB
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What makes a sport enterprise successful? How can managers working in sport improve organizational effectiveness through strategic behaviour management? This comprehensive and accessible textbook addresses these important questions and examines the theories that underpin organizational analysis in sport. Helping both students and practitioners to understand the different types of behaviour that occur within a sports enterprise, it also demonstrates how to develop ways of managing behaviour more effectively for the benefit of all stakeholders. The book explores behaviour on individual, interpersonal, group and whole-organization levels, and presents an evidence-based framework for analysis built around key concepts such as: Change and culture Leadership Motivation, rewards and incentives Power and influence Conflict, disputes and grievances Equity, diversity and inclusion. With international case studies, learning objectives, review questions and guides to further reading included in every chapter, no other textbook develops critical skills or an awareness of ethical issues in such detail and depth. Organizational Behaviour in Sport is essential reading for all students and practitioners working in sport, leisure or recreation management.

International Guide To Student Achievement

Author : John Hattie
ISBN : 9781136962042
Genre : Education
File Size : 41. 61 MB
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The International Guide to Student Achievement brings together and critically examines the major influences shaping student achievement today. There are many, often competing, claims about how to enhance student achievement, raising the questions of "What works?" and "What works best?" World-renowned bestselling authors, John Hattie and Eric M. Anderman have invited an international group of scholars to write brief, empirically-supported articles that examine predictors of academic achievement across a variety of topics and domains. Rather than telling people what to do in their schools and classrooms, this guide simply provides the first-ever compendium of research that summarizes what is known about the major influences shaping students’ academic achievement around the world. Readers can apply this knowledge base to their own school and classroom settings. The 150+ entries serve as intellectual building blocks to creatively mix into new or existing educational arrangements and aim for quick, easy reference. Chapter authors follow a common format that allows readers to more seamlessly compare and contrast information across entries, guiding readers to apply this knowledge to their own classrooms, their curriculums and teaching strategies, and their teacher training programs.

Managing Sport Development

Author : Emma Sherry
ISBN : 9781317622963
Genre : Sports & Recreation
File Size : 69. 75 MB
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Sport development has become a significant part of the international sport industry. The development of sport (creating pathways for participation and talent development) and sport for development (using sport as a tool to achieve outcomes beyond sport) are now fundamental aspects of the organisation and governance of sport around the world. Consequently, any manager working in sport today needs to understand what sport development is and how sport development programs can be managed, implemented and evaluated. This is the first undergraduate textbook to offer a complete introduction to sport development, covering theory and its application to managerial practice, with examples from international contexts. The book integrates discussion of the development of sport and sport for development in every chapter, with international case studies to illustrate the significance and application of both. Each chapter introduces key theory, examines the implications of theory for practice and critically analyses practical managerial issues. Discussion of both able-bodied and disability sport are embedded throughout, and the book includes a range of useful features to aid understanding, such as learning objectives, real world data and examples, key terms, review questions, and a companion website containing slides and a test bank for instructors. Managing Sport Development is an essential text for any introductory sport development course, and invaluable reading for any course on international sport management, sport policy, sport governance, sport and social issues, or coach education.

Information Feudalism

Author : Peter Drahos
ISBN : 1853839175
Genre : Law
File Size : 70. 76 MB
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Based on extensive interviews with key players, this text shows how the "knowledge economy" is making serfs of everyone bar a few multinational companies. The authors argue that in the globalized information society, the rich have found new ways to rob the poor, using intellectual property rules. Authors from ANU.

In Search Of Democracy

Author : Larry Diamond
ISBN : 9781317411369
Genre : Political Science
File Size : 80. 20 MB
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This book evaluates the global status and prospects of democracy, with an emphasis on the quality of democratic institutions and the effectiveness of governance as key conditions for stable democracy. Bringing together a wide range of the author’s work over the past three decades, it advances a framework for assessing the quality of democracy and it analyzes alternative measures of democracy. Drawing on the most recent data from Freedom House, it assesses the global state of democracy and freedom, as of the beginning of 2015, and it explains why the world has been experiencing a mild but now deepening recession of democracy and freedom since 2005. A major theme of the book across the three decades of the author’s work is the relationship between democratic quality and stability. Democracies break down, Diamond argues, not so much because of economic factors but because of corrupt, inept governance that violates individual rights and the rule of law. The best way to secure democracy is to ensure that democracy is accountable, transparent, genuinely competitive, respectful of individual rights, inclusive of diverse forms and sources of participation, and responsive to the needs and aspirations of ordinary citizens. Viable democracy requires not only a state that can mobilize power to achieve collective goals, but also one that can restrain and punish the abuse of power—a particularly steep challenge for poor countries and those with natural resource wealth. The book examines these themes both in broad comparative perspective and with a deeper analysis of historical trends and future prospects in Africa and Asia,. Concluding with lessons for sustaining and reforming policies to promote democracy internationally, this book is essential reading for students and scholars interested in democracy, as well as politics and international relations more generally.

Intellectual Property And Competitive Strategies In The 21st Century

Author : Shahid Alikhan
ISBN : 9789041126443
Genre : Law
File Size : 88. 70 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.

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