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Articles 1 - 19 of 19
Full-Text Articles in Law
The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer
The Genographic Project: Traditional Knowledge And Population Genetics, Matthew Rimmer
Matthew Rimmer
This article considers the debate over patent law, informed consent, and benefit-sharing in the context of biomedical research in respect of Indigenous communities. In particular, it focuses upon three key controversies over large-scale biology projects, involving Indigenous populations. These case studies are representative of the tensions between research organisations, Indigenous communities, and funding agencies. Section two considers the aims and origins of the Human Genome Diversity Project, and criticisms levelled against the venture by Indigenous peak bodies and anti-biotechnology groups, such as the Rural Advancement Foundation International. It examines the ways in which the United Nations Educational, Scientific, and Cultural …
An Overview Of The Broadband Market In Thailand, Tanit Follett
An Overview Of The Broadband Market In Thailand, Tanit Follett
Tanit Follett, J.S.D.
Thailand’s telecommunications sector is not fully transformed from monopolistic telecommunications markets into competitive one. The establishment of National Telecommunications Commission (“NTC”), an independent telecommunications regulatory agency, in 2004 has brought about the goal of creating a level-playing competition among incumbents: state enterprises, concessionaires, and new entrants. However, it becomes more challenging for NTC to achieve that goal when the concession agreement still exists. This fundamental problem has a direct impact on residential broadband Internet access as its system architecture relies heavily on fixed-line telecommunications network. The lack of enforcement by regulator and uncompromising attitudes between state enterprises and concessionaires are …
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
Chain Reaction: How Property Begets Property, Sabrina Safrin
Chain Reaction: How Property Begets Property, Sabrina Safrin
Sabrina Safrin
Classic theories for the evolution of property rights consider the emergence of private property to be a progressive development reflecting a society's movement to a more efficient property regime. This article argues that instead of this progressive dynamic, a more subtle and damaging chain reaction dynamic can come into play that traditional theories for intellectual and other property rights neither anticipate nor explain. The article suggests that the expansion of intellectual and other property rights have an internally generative dynamic. Drawing upon contemporary case studies, the article argues that property rights evolve in reaction to each other. The creation of …
The Hong Kong Amendment To The Trips Agreement: A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer
The Hong Kong Amendment To The Trips Agreement: A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer
Matthew Rimmer
In the wake of the Doha Declaration on the TRIPS Agreement and Public Health 2001 and the WTO General Council Decision 2003, there is a need for industrialised nations to implement legislation to enable the export of pharmaceutical drugs to address public health concerns.I would argue that the Patents Act 1990 (Cth) should make provision for the grant of a compulsory licence over a patented invention in circumstances of ‘a national emergency or other circumstances of extreme urgency, or in cases of public non-commercial use’. Such a measure is necessary to deal with the possibility of public health epidemics that …
Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Segundo Congreso Nacional de Organismos Públicos Autónomos. "Autonomía, Profesionalización, Control y Transparencia"
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Public Sector Intellectual Property Management In Life Sciences: Reconciling Practice And Policy, Antony Taubman, Roya Ghafele
Public Sector Intellectual Property Management In Life Sciences: Reconciling Practice And Policy, Antony Taubman, Roya Ghafele
Roya Ghafele
This chapter reviews the options for effective public sector management of intellectual property (IP) in the life sciences, focusing on the need for a judicious, pragmatic choice of options along two axes: (1) deployment of exclusive rights over technology and (2) use of market mechanisms to bring a new technology to the public. The essence of public sector IP management is finding the right settings along these two axes that will deliver tangible outcomes in line with defined public-interest objectives. Experience shows that ex ante assumptions about how to gain optimal leverage from exclusive rights, and the appropriate degree of …
Patents And Innovation, What We Learn From History, Severin De Wit
Patents And Innovation, What We Learn From History, Severin De Wit
Severin de Wit
A journey through history of inventions that shaped economics, Relationship between Europe's innovative strength and Chinese manufacturing. This is the text of a lecture given by Severin de Wit on the occasion of DSM SPECIAL INVENTION REWARD 2006 on January 9, 2007 at Huis van de Toekomst in Rosmalen, Netherlands.
Patents And Innovation, What We Learn From History, Severin De Wit
Patents And Innovation, What We Learn From History, Severin De Wit
Severin de Wit
No abstract provided.
On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco
On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco
Christopher J. Buccafusco
The restaurant industry now takes in over $500 billion a year, but recent courts have been skeptical of the notion that one of its most valuable assets, original recipes, are subject to copyright protection. With more litigation looming and the contours of the debate insufficiently mapped out, this article establishes the appropriate groundwork for analyzing the copyrightability of recipes. I show that, contrary to recent appellate court opinions, recipes meet the statutory requirements for copyrightability. I argue, by analogizing to musical compositions, that written recipes work to satisfy the fixation requirement of copyright law just as musical notation does for …
Copyright's Empire: Why The Law Matters, Alina Ng
Copyright's Empire: Why The Law Matters, Alina Ng
Alina Ng
Two separate and distinct movements have colonized research in the field of intellectual property. Law and economics has deepened our understanding of the justification for granting monopoly rights over intellectual property. In recent years, economic theories have been used to support the growth of the commons – the free environment, where intellectual property plays little role in generating new creative works and innovation. The second movement is law and technology that has sought to increase understanding of intellectual property through the exploration of how technologies either provide freedoms or impose limitations to how creative works and innovation are created and …
Pharmaceutical Lemons: Innovation And Regulation In The Drug Industry, Ariel Katz
Pharmaceutical Lemons: Innovation And Regulation In The Drug Industry, Ariel Katz
Ariel Katz
Before a new drug can be marketed the Food and Drug Administration must be satisfied that it is safe and effective. According to conventional wisdom, the cost and delay involved in this process diminish the incentives to invest in the development of new drugs. Accordingly, several reforms aimed at restoring such incentives have been implemented and others have been advocated. This paper challenges the central argument in the debate on the topic, namely that drug regulation and drug innovation are necessarily at odds with each other. Although intuitively appealing, the argument that drug regulation negatively affects the incentives to innovate …
Octrooien En Innovatie, Terugkijken Is Leren Voor De Toekomst (In: Opstellen Aangeboden Aan Prof. Mr. Jaap H. Spoor), Severin De Wit
Octrooien En Innovatie, Terugkijken Is Leren Voor De Toekomst (In: Opstellen Aangeboden Aan Prof. Mr. Jaap H. Spoor), Severin De Wit
Severin de Wit
No abstract provided.
Draw Me A Public Domain, Severine Dusollier, Valérie-Laure Benabou
Draw Me A Public Domain, Severine Dusollier, Valérie-Laure Benabou
Severine Dusollier
Copyright is forged from pieces of land taken from the public domain. Absence of any restrictions on the products of the mind and of creation is the rule while intellectual property is the exception. Yet intellectual property has constantly expanded over the realm of the public domain. The on-going commodification of the latter has been regularly denounced in scholarship. This article aims at sketching a regime for the public domain that would contain some rules through which it could resist encroachment by private property. It starts from the analysis that the current perception and regime of the public domain in …
La Contractualisation De L'Utilisation Des Oeuvres Et L'Expérience Belge Des Exceptions Impératives, Severine Dusollier
La Contractualisation De L'Utilisation Des Oeuvres Et L'Expérience Belge Des Exceptions Impératives, Severine Dusollier
Severine Dusollier
No abstract provided.
Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier
Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier
Severine Dusollier
Property and exclusivity are at the core of the intellectual rights. Traditionnally, copyright or patent rights are seen as tools to exclude others. Oddly enough, copyright and patent holders have started to engage in non-exclusionary practices through open access, open source or open licensing schemes. By using exclusivity not to exclude others but to include them, to share and socialize intellectual property, by giving rights to use, reproduce, modify and distribute works or inventions, those mechanisms reverse the traditional narrative of intellectual property and introduce commons features within the exercise of the right itself. Interestingly, such licensing schemes are based …
’Including Trade In Counterfeit Goods’: The Origins Of Trips As A Gatt Anti-Counterfeiting Code, Christopher Wadlow
’Including Trade In Counterfeit Goods’: The Origins Of Trips As A Gatt Anti-Counterfeiting Code, Christopher Wadlow
Christopher Wadlow
Like corruption, commercial counterfeiting has no apologists and no redeeming features. The World Trade Organisation (WTO) TRIPs Agreement incorporates provisions intended to address the problem of counterfeit goods in international trade, but these seem to have achieved little more than to slow the trajectory of its growth. However, the low profile of these provisions within TRIPs disguises the fact that TRIPs itself may ultimately be traced to a modest initiative by American business interests to include an “anti-counterfeiting code” within the GATT Tokyo round. This article describes the origins and history of the code, and its gradual metamorphosis into the …
On Virtual Worlds: Copyright And Contract At The Dawn Of The Virtual Age, Erez Reuveni
On Virtual Worlds: Copyright And Contract At The Dawn Of The Virtual Age, Erez Reuveni
Erez Reuveni
This Article argues that copyright law can and should apply to artistic and literary creations occurring entirely in virtual worlds. First, the Article introduces the concept of virtual worlds as places millions of people visit not only for entertainment but also for life and work. Second, the Article reviews the philosophical justifications for copyright, examines objections to applying copyright to virtual, rather than real, creative works, and concludes that neither precludes copyright for virtual creations. Third, the Article articulates how copyright law would function within virtual spaces and reviews copyrightable creations from the perspective of both game developers and players. …