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Intellectual Property Law

Selected Works

Selected Works

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Articles 31 - 60 of 183

Full-Text Articles in Social and Behavioral Sciences

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb Jan 2014

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

Jingping Zhang

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.


Frameworks For Analysing African Innovation: Entrepreneurship, The Informal Economy And Intellectual Property, Jeremy De Beer, Izabella Sowa, Kristen Holman Dec 2013

Frameworks For Analysing African Innovation: Entrepreneurship, The Informal Economy And Intellectual Property, Jeremy De Beer, Izabella Sowa, Kristen Holman

Jeremy de Beer

This chapter reviews conceptual frameworks to understand and measure innovation, and then outlines links between innovation and the concepts of entrepreneurship, the informal economy (IE) and intellectual property (IP). The review suggests that the time is ripe for African policy-makers to seek more holistic approaches to facilitating innovation and, in turn, to fostering socio-economic development in African nations.


Indigenous Knowledge, Sam Grey Dec 2013

Indigenous Knowledge, Sam Grey

Sam Grey

Indigenous knowledge (IK) includes the expressions, practices, beliefs, understandings, insights, and experiences of Indigenous groups, generated over centuries of profound interaction with a particular territory. Its iterations and mechanisms are unique to each community, even where it shares certain features across groups by virtue of being embedded in a wider, common culture. In all locations IK is the foundation of Indigenous governance, ecological stewardship, social, ethical, linguistic, spiritual, medical, food, and economic systems, so that the continual production and reproduction of local, land-based knowledge is the basis of Indigenous identity and sense of place in the world, as well as …


Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret Oct 2013

Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret

Larry Sheret

Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access


Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb Oct 2013

Irresistable: How An Ir (Institutional Repository) Can Improve Library Collections While Preserving The Past, Monica Brooks, David Evans, Tim Tamminga, Jingping Zhang, Gretchen Beach, Nat Debruin, Larry Sheret, Thomas L. Walker Ii, Paris E. Webb

Larry Sheret

Marshall University’s IR team will discuss the creation, progress, and benefits of the Marshall Digital Scholar, an online institutional repository. There will be time for libraries, large and small, to ask questions about digital collecting and digital projects.


Intellectual Property Policy, Matthew Rimmer Aug 2013

Intellectual Property Policy, Matthew Rimmer

Matthew Rimmer

The link between IP and poverty may not be obvious, but as Nobel Laureate Professor Joseph Stiglitz has pointed out, ‘societal inequality was a result not just of the laws of economics, but also of how we shape the economy - through politics, including through almost every aspect of our legal system’. Stiglitz is concerned that ‘our intellectual property regime… contributes needlessly to the gravest form of inequality.’ He maintains: ‘The right to life should not be contingent on the ability to pay.’ In Australian Federal politics, there have been significant debates about intellectual property in the fields of information …


U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales Aug 2013

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …


Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik Apr 2013

Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik

Warren Bartholomew Chik

In this article, the authors revisit the origins and purpose of the law on authorising infringement and propose that the word “authorise” should bear the dictionary meaning of “sanction, approve, countenance”, in lieu of the phrase “grant or purported grant” as adopted in the CBS Songs Ltd v Amstrad Consumer Electronics plc ([1988] AC 1013) decision. The authors will also examine a non-exhaustive list of factors for determining authorisation liability. The suggested approach seeks to expand the scope of indirect copyright liability in Singapore, which is necessary in the face of increasing incursions into the sphere of copyright protection.


Ucita Enacted In Virginia, Sarah K. Wiant Jan 2013

Ucita Enacted In Virginia, Sarah K. Wiant

Sarah K. Wiant

No abstract provided.


Knowledge & Innovation In Africa: Scenarios For The Future, Jeremy De Beer, Shirin Elahi, Dick Kawooya, Chidi Oguamanam, Nagla Rizk Dec 2012

Knowledge & Innovation In Africa: Scenarios For The Future, Jeremy De Beer, Shirin Elahi, Dick Kawooya, Chidi Oguamanam, Nagla Rizk

Jeremy de Beer

No abstract provided.


Energy And Environment Policy Case For A Global Project, Thomas A. Faunce Dec 2012

Energy And Environment Policy Case For A Global Project, Thomas A. Faunce

Thomas A Faunce

A policy case is made for a global project on artificial photosynthesis including its scientific justification, potential governance structure and funding mechanisms.


Opportunity Lost? Revisiting Recordtv V Mediacorp Tv, Warren B. Chik, Cheng Lim Saw Aug 2012

Opportunity Lost? Revisiting Recordtv V Mediacorp Tv, Warren B. Chik, Cheng Lim Saw

Warren Bartholomew CHIK

Taking the Singapore Court of Appeal’s Decision in RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd [2011] 1 SLR 830, this article seeks to argue that the copyright fair dealing defence would have been the more appropriate basis to exempt RecordTV, a digital recording service for recording television programmes, from primary copyright liability. This judicial approach towards legalising digital video recorder (“DVR”) services is more suitable taking into consideration the following: The role and objectives of copyright law in Singapore; the history and development of the fair dealing defence (including the latest amendments pursuant to the US-Singapore Free Trade …


Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik Aug 2012

Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik

Warren Bartholomew Chik

This article critically analyses the issues and reasoning behind the recent Singapore Court of Appeal decision in RecordTV Pte Ltd v Mediacorp TV Singapore Pte Ltd on the legality of digital copying and communications technology under Singapore’s copyright law and offers a different perspective (and some alternative arguments) on the three issues of copying, communication to the public and authorisation of copyright infringement. In particular, we will identify the relevant party to these acts and examine their definitions, based on the current statutory provisions and the history of the development of copyright law vis-à-vis modern technology.


Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, Iván A. Rojas V Jan 2012

Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, Iván A. Rojas V

Iván Rojas V

The book analyzes the case of Operation Strategic Fontibón - Eldorado Airport - Engativa (OEFAE) and the implications on the urban economy of the city and potential opportunities for productive development for the population affected by the project in 2010 in Bogotá DC. El libro analiza el caso de la Operación Estrategica Fontibón - Aeropuerto ElDorado - Engativa (OEFAE) y las implicaciones sobre la economía urbana de la ciudad y las posibles oportunidades de desarrollo productivo para la población afectada por el proyecto en el 2010 en la ciudad de Bogotá DC.


The New Market Affair: Scouting For Gold In The Hills Of The Shenandoah Valley, Kembrew Mcleod Dec 2011

The New Market Affair: Scouting For Gold In The Hills Of The Shenandoah Valley, Kembrew Mcleod

Kembrew McLeod

No abstract provided.


Ch 21. 'Future Perspectives On Solar Fuels', Thomas A. Faunce Dec 2011

Ch 21. 'Future Perspectives On Solar Fuels', Thomas A. Faunce

Thomas A Faunce

This chapter opens by examining whether the research and development of molecular solar fuels will be characterized in future by its promotion of fundamental societal virtues such as equality and environmental sustainability. As a thought experiment, it presents a vision of some important elements of such a future world—one where energy is primarily not only a matter of global artificial photosynthesis (GAP), but of such virtues. Central to the future perspective presented here is nanotechnological construction with enhanced efficiency of each aspect of the natural photosynthetic process into units capable of inexpensive mass production for domestic use. This involves a …


Governing Planetary Nanomedicine: Environmental Sustainability And A Unesco Universal Declaration On The Bioethics And Human Rights Of Natural And Artificial Photosynthesis (Global Solar Fuels And Foods)., Thomas A. Faunce Dec 2011

Governing Planetary Nanomedicine: Environmental Sustainability And A Unesco Universal Declaration On The Bioethics And Human Rights Of Natural And Artificial Photosynthesis (Global Solar Fuels And Foods)., Thomas A. Faunce

Thomas A Faunce

Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness and greed— such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water and …


A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce Dec 2011

A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce

Thomas A Faunce

Momcilovic v The Queen (2011) 85 ALJR 957 [PDF] ; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) . The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or …


Challenges To Australia’S National Health Policy From Trade And Investment Agreements, Thomas A. Faunce Dec 2011

Challenges To Australia’S National Health Policy From Trade And Investment Agreements, Thomas A. Faunce

Thomas A Faunce

Recent federal trade policy commitments concerning the Trans-Pacific Partnership Agreement (TPPA) negotiations (against changes to the Pharmaceutical Benefits Scheme (PBS) and against inclusion of an investor state provision) could protect Australia’s tobacco control legislation and Australia's sovereign capacity to regulate public health and environmental policy


The Proposed Ban On Certain Nanomaterials For Electrical And Electronic Equipment In Europe: Global Security Implications, Thomas A. Faunce, Hitoshi Nasu Dec 2011

The Proposed Ban On Certain Nanomaterials For Electrical And Electronic Equipment In Europe: Global Security Implications, Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

International collaboration on nanotechnology governance has so far paid little attention to security implications of regulating the use of nanotechnology. For example, the Coalition of Non-Governmental Organizations (initiated by the International Centre for Technological Assessment) developed 'Principles for the Oversight of Nanotechnologies and Nanomaterials' to provide a set of ethical standards for nanotechnology research and development (Kimbrell, 2009). Similar initiatives are observed at the national level, as has been seen in the Swiss Retailers Association Code of Conduct and the UK's Responsible NanoCode (Bowman and Hodge, 2009, pp.149-152). The Organization for Economic Co-operation and Development (OECD) has also been active …


Towards Global Artificial Photosynthesis (Global Solar Fuels): Energy, Nanochemistry And Governance, Thomas A. Faunce Dec 2011

Towards Global Artificial Photosynthesis (Global Solar Fuels): Energy, Nanochemistry And Governance, Thomas A. Faunce

Thomas A Faunce

Introduction to special open access edition of Australian Journal of Chemistry with papers from 'Towards Global Artificial Photosynthesis: Energy, Nanochemistry and Governance' conference Lord Howe Island 2011


L’Accès Au Savoir En Afrique: Le Rôle Du Droit D’Auteur, Jeremy De Beer Dec 2011

L’Accès Au Savoir En Afrique: Le Rôle Du Droit D’Auteur, Jeremy De Beer

Jeremy de Beer

No abstract provided.


Clearings And Thickets, Robert D. Cooter, Aaron Edlin Jun 2011

Clearings And Thickets, Robert D. Cooter, Aaron Edlin

Robert Cooter

Abstract: Intellectual property rights create temporary monopoly power for innovators. Monopoly pricing transfers wealth to the innovator from the innovations buyers -- consumers, producers, and other innovators. For innovations mostly used in consumption and production, the transfer from consumers and producers to innovators increases the profitability of innovating and causes more of it. The welfare gains from faster growth quickly overtake the temporary losses from monopoly’s dead weight loss. Thus intellectual property rights should be strong for innovations mostly used by consumers and producers. In contrast, for innovations mostly used by other innovators, the transfer of wealth from one innovator …


Clearings And Thickets, Robert D. Cooter, Aaron Edlin Jun 2011

Clearings And Thickets, Robert D. Cooter, Aaron Edlin

Aaron Edlin

Abstract: Intellectual property rights create temporary monopoly power for innovators. Monopoly pricing transfers wealth to the innovator from the innovations buyers -- consumers, producers, and other innovators. For innovations mostly used in consumption and production, the transfer from consumers and producers to innovators increases the profitability of innovating and causes more of it. The welfare gains from faster growth quickly overtake the temporary losses from monopoly’s dead weight loss. Thus intellectual property rights should be strong for innovations mostly used by consumers and producers. In contrast, for innovations mostly used by other innovators, the transfer of wealth from one innovator …


Is There A Defence Of Public Interest In The Law Of Copyright In Singapore?, Cheng Lim Saw Apr 2011

Is There A Defence Of Public Interest In The Law Of Copyright In Singapore?, Cheng Lim Saw

Cheng L Saw

No abstract provided.


Chinese Intellectual Property Law And Practice [Book Review], Cheng Lim Saw Apr 2011

Chinese Intellectual Property Law And Practice [Book Review], Cheng Lim Saw

Cheng L Saw

No abstract provided.


Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong Apr 2011

Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong

Cheng L Saw

No abstract provided.


Does P2p Have A Future? Perspectives From Singapore, Cheng Lim Saw, Winston T. H. Koh Apr 2011

Does P2p Have A Future? Perspectives From Singapore, Cheng Lim Saw, Winston T. H. Koh

Cheng L Saw

On 16 November 2004, the Singapore Parliament passed the Copyright (Amendment) Act (Act 52 of 2004) to amend the Copyright Act 1987 (the 'Act').1 These amendments, being the most extensive since the Act was last revised in 1999 and passed pursuant to Singapore’s obligations under the IP Chapter of the United States – Singapore Free Trade Agreement ('USSFTA'), came into force in Singapore on 1 January 2005. Not long before this, Parliament had already amended the Act by increasing the term of protection for authors' works to life plus 70 years (up from 50 years) and for sound recordings, cinematograph …


Law Of Trade Marks And Passing Off In Singapore (2nd Ed.) [Book Review], Cheng Lim Saw Apr 2011

Law Of Trade Marks And Passing Off In Singapore (2nd Ed.) [Book Review], Cheng Lim Saw

Cheng L Saw

No abstract provided.


Spatial Distribution Of Commercial Banks In Ilorin Metropolis, Kwara State, Nigeria, I B. Abdullahi, M A. Ijaiya, A Abdulraheem, R I. Abdulkadir, R O. Ibrahim Jan 2011

Spatial Distribution Of Commercial Banks In Ilorin Metropolis, Kwara State, Nigeria, I B. Abdullahi, M A. Ijaiya, A Abdulraheem, R I. Abdulkadir, R O. Ibrahim

Confluence Journal of Environmental Studies (CJES), Kogi State University, Nigeria

The spatial distribution of banks in any geographic entity determines the level of accessibility to its services by the public. This study examined the pattern of banks distribution in Ilorin metropolis. Field survey was employed in determining the number of available commercial banks and their respective distances between each other. The spatial analysis technique such as the nearest neighbour analysis as used ascertain the degree of clustering, density and the average distance taken to access these services. The study revealed that about 96% of the total number of banks are situated in the Central Business District which exhibited a very …