Law Commons^™

The Codex: Labelling Of Food Derived From Modern Biotechnology, Sowmya Latha Hemanahally Vishwanatha

Electronic Thesis and Dissertation Repository

The Codex Alimentarius Commission is an international organisation tasked to develop global food standards. In 1993, it decided to develop standards for labelling food derived from modern biotechnology. Despite demands to discontinue its work and an inability to achieve consensus, the “Compilation of Codex texts relevant to labelling of food derived from modern biotechnology” was adopted in 2011. The Compilation accepts different approaches to labelling and comprises ten guidelines that need to be adopted in national labelling policies.

Two models of labelling are prevalent. The voluntary model of labelling allows corporations the choice to label. The mandatory model provides more …

Trademarks And Geographical Indications: Conflict Or Coexistence?, Melissa A. Loucks

Electronic Thesis and Dissertation Repository

Both trademarks and geographical indications are legal devices which regulate communication to markets about a product. Trademarks indicate the commercial origin of a good or service while geographical indications signal the geographic origin. Both tools also legally grant exclusive rights to certain uses of a word or symbol. Tension arises when the tools overlap on the same subject matter. The thesis asks: is coexistence between the devices in the TRIPS Agreement possible? Are the concepts of trademarks and geographical indications related? If so, how? If not, how? Does the marketing literature of business recognize both registered trademarks and geographical indications …

Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun

Maurer Theses and Dissertations

No abstract provided.

National Security Policy Constraints On Technological Innovation: A Case Study Of The Invention Secrecy Act Of 1951, Dorothy K. Mcallen

Master's Theses and Doctoral Dissertations

Recent studies indicate that the United States is trailing other countries in technological innovation and competitiveness. This case study examined national security policy constraints on technological innovation, specifically the Invention Secrecy Act. It focused on the social constructs of collaboration and interdisciplinary knowledge in the aerospace industry. The methodology included historical research, data collection, and semi-structured interviews with experts from academia, general industry, government and public policy, aerospace/defense industry, and federal government. The results of the study suggested that since World War II, national security policies have not been clearly and consistently defined, interpreted, or implemented. This lack of clarity …

Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne

PhD Dissertations

The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …

Community Control And Compensation: An Analysis For Successful Intellectual Property Right Legislation For Access And Benefit Sharing In Latin American Nations, Laurie K. Egan

HMC Senior Theses

Abstract: Indigenous communities have worked for centuries to develop systems of knowledge pertaining to their local environments. Much of the knowledge that has been directly acquired or passed down over generations is of marketable use to corporations, especially in the pharmaceutical industry. Upon gaining the necessary information to convert traditional knowledge into a marketable entity, the corporation will place a patent on the product of their research and development and reap the monetary benefits under the protection of intellectual property legislation. Without appropriate benefit sharing, indigenous communities are robbed of their cumulative innovation and development and denied access to …

Freedom Of Speech Through The Looking Glass: Reflections On The Governance Of Political Discourse In China, The United States, And The European Union, Emily Alice Chesbrough

Scripps Senior Theses

Freedom of speech is a right guaranteed by the US, the EU, and China; however, just because a right is guaranteed does not mean the government cannot manipulate the right to achieve its ends. Freedom of speech is commonly associated with the power of language; citizens speak in order to take control of those governing them, in order to assert their desires. In reality, freedom of speech is far more beneficial for governments, who can use this dissent to better control a population. In order to control the population, though, the governments must first control the dissenting speech, the discourse, …

Intellectual Property And Its Alternatives: Incentives, Innovation And Ideology, Michael B. Mcnally

Electronic Thesis and Dissertation Repository

This dissertation examines the ability of intellectual property and its alternatives to both facilitate and impede innovation. The thesis begins by positing that a more detailed and nuanced understanding of alternatives to intellectual property is required so that such alternatives can be effectively used to mitigate the problems of the expansionary intellectual property regime. The thesis is that substantive alternatives to intellectual property utilize a broader range of incentive structures to encourage the production and distribution of intellectual goods, facilitate greater access to such goods and their informational content and engender innovative outcomes that go beyond the narrow, instrumentalist goals …

A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning

USF Tampa Graduate Theses and Dissertations

This thesis argues in favor of an instrumental approach to Intellectual Property (IP). I begin by reviewing justifications for IP that have been offered in recent literature, including Lockean labor theory, Hegelian personality theory, Kantian property theory and utilitarianism. Upon a close and careful analysis, I argue that none of these justifications suffice to ground contemporary IP practice. I review some recent works that offer `pluralist' justifications for IP, which draw from multiple theories in order to account for the diverse field of IP-related laws and practices in existence. I argue that these pluralist theories are also insufficient, because there …