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Bester, Juan. "The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53144.
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Thesis (MA)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.
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Nandjembo, Lucia Pandulo. "The Effectiveness of the Swkopmund Protocol on the Protection of Traditional knowledge in Namibia." University of the Western Cape, 2017. http://hdl.handle.net/11394/6402.
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Magister Legum - LLM (Mercantile and Labour Law)Traditional knowledge has been around for centuries and has gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends to be collectively owned and takes the form of stories, songs, folklore, proverbs, cultural values, beliefs, rituals, community laws, local language, and agricultural practices, including the development of plant species and animal breeds. The Swakopmund Protocol has been one of the legislations that has been put in place to protect Traditional knowledge and has to be reviewed. With Traditional communities playing a huge role at the in the Namibian communities, the aim of the protocol is to protect them by establishing its effectiveness. The mini thesis aims to study the intellectual property system in Namibia as a system of protection which is inadequate for protecting Traditional knowledge, and as a result there is a huge need for Namibia to develop its national sui generis system for protecting TK. There are so many gaps existing in Namibia with regards to the existing intellectual property laws that need to be filled with all the results from the research this mini this will provide, it could provide the direction the country needs to go in. The research focuses on the effectiveness of the Swakopmund Protocol that was implemented in 2010. Questions in the paper to be answered are such as what the protocol has achieved in the time that it has been in place, but more importantly how effective the Protocol is in protecting TK within the country and ways forward to protecting TK and making the protection as efficient as possible to extending necessary protection for TK and allow the next generations of people to have access to such knowledge. The mini thesis will be a desk-based research focusing on the Swakopmund Protocol. There is today a growing appreciation of the value of traditional knowledge. This knowledge is valuable not only to those who depend on it in their daily lives, but to modern industry and agriculture as well. Many widely used products, such as plantbased medicines, health products and cosmetics, are derived from traditional knowledge. Other valuable products based on traditional knowledge include agricultural and non-wood forest products as well as handicraft.
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Kuudogrme, Barbara Bangfudem. "Towards the effective utilisation of trade-related aspects of intellectual property rights flexibilities to improve access to essential medicines in Ghana." University of the Western Cape, 2018. http://hdl.handle.net/11394/6825.
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Magister Legum - LLMAccess to medicines is an essential component of the basic human right to health and a key determinant of the importance attached to the health care system of a country. It essentially entails the availability and acceptability of the essential medicines on the market and the ability of patients to afford such medicines when needed. Globally, countries face access to medicine challenges partly because of patents which undoubtedly accounts for excessive pricing of medicine. As such, efforts have been made to ensure the accessibility of medicines through the Trade-Related Aspect of Intellectual Property Rights (TRIPS) flexibilities of the World Trade Organisation (WTO). Beyond these interventions, it is incumbent on Members of the WTO to domesticate the flexibilities of the TRIPS Agreement before their utilisation because by their very nature, they cannot be self-executed. With an estimated population of 29.6 million, about 310 000 people in Ghana are living with HIV. The country’s health facilities record 40 per cent of outpatient visits each year and about 14 550 per 100 000 of the population are infected with tuberculosis with cancer on the rise. These diseases require medicines which are mostly patented yet Ghana has access to medicine problems despite the existence of a national health insurance system. Ghana has however not fully incorporated the TRIPS flexibilities in its national legislations and therefore unable to fully utilise the flexibilities as an option to access essential medicines. Questions therefore remain as to why and how Ghana can utilise the flexibilities to improve access to medicines. Based on an examination of the WTO’s patent system and legislations of Ghana, this mini- thesis contends that, the extent of incorporation of the flexibilities are inadequate due to the existence of lacunas in the Ghanaian legislations. Furthermore, a comparative assessment with South Africa supports an understanding that conditions are not ripe for full utilisation of all the flexibilities. It further argues that the utilisation of the TRIPS flexibilities by Ghana has been rendered ineffective due to administrative, political, economic and social challenges which adversely affects the full utilisation of the flexibilities incorporated and those yet to be incorporated. It is therefore important that Ghana adopts holistic approaches taking into consideration best practices if the TRIPS flexibilities must be effectively utilised. This mini-thesis concludes that, the TRIPS flexibilities are necessary for accessing essential medicines in Ghana to promote the right to health and that a review of Ghana’s current legislations to fully incorporate the TRIPS flexibilities and addressing other non-legal challenges are the required linchpin for effective utilisation of the TRIPS flexibilities.
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Dias, Claudia Regina Cilento. ""Medicamentos genéricos no Brasil: 1999 a 2002. Análise da legislação, aspectos conjunturais e políticos"." Universidade de São Paulo, 2003. http://www.teses.usp.br/teses/disponiveis/6/6135/tde-26112003-223713/.
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Os genéricos surgiram na década de 60 nos Estados e são medicamentos que, no geral, são mais baratos que os inovadores; por isso têm um papel importante no controle e diminuição dos preços dos medicamentos. Os preços mais baixos devem-se a economia com o desenvolvimento e testes clínicos pois esses investimentos já foram realizados pela empresa detentora do medicamento inovador. Em 1999 com a promulgação da Lei 9.787, foi instituída a política de Medicamentos Genéricos no Brasil. A nova Legislação introduziu uma série de inovações e exigências na produção, testes de qualidade e bioequivalência, prescrição, dispensação e preços de medicamentos. Houve reações contrárias iniciais para as quais o Governo teve que tomar medidas regulamentadoras para tentar corrigir os problemas que surgiram. O objetivo do trabalho é analisar as situações que levaram a adoção de tais medidas e sua eficácia. Propõem-se fazer uma analise das mudanças da Legislação de medicamentos genéricos no Brasil durante o período de 1999 a 2002 tendo como pano de fundo as características do mercado farmacêutico brasileiro e as reações do mercado. Para tanto, foram utilizadas notícias em jornais de grande circulação, bem como entrevistas com membros do órgão regulador e da indústria farmacêutica. A legislação brasileira será ainda analisada sob a óptica das recomendações da Organização Mundial da Saúde a fim de termos parâmetros qualitativos para averiguar a sua qualidade e finalmente analisar a influência da mídia e da política nos resultados obtidos pelos genéricos. As alterações da Legislação mostraram-se um artifício interessante para auxiliar o processo de implantação dos genéricos no Brasil e auxiliaram na obtenção dos resultados positivos obtidos no processo de implantação dos genéricos.Generics first appeared in the United States in the 1960s, and they are medications which, by and large, are less expensive than the innovative ones. This is why they have an important role in controlling and reducing medication prices. The lower prices are due to the savings with development and clinical tests, since these investments have already been made by the innovative medication proprietor. In 1999, with the promulgation of Law 9.787, a Generic Medication policy was instituted in Brazil. The new Legislation introduced a series of production innovations and demands, product quality and bioequivalence tests, as well as medication prescriptions, dispensations and pricing practices. Initial contrary reactions and problems occurred, forcing the Government to make corrective regulatory measures. This research project aims at analyzing both the conditions that lead to such measures being taken and their efficacy. The proposal herein is to analyze the changes made to the generic medication Legislation in Brazil between 1999 and 2002, keeping the Brazilian pharmaceutical market characteristics and market reactions as a backdrop and also relying on articles published in the major newspapers and on interviews made with members of both the regulation agency and of the pharmaceutical industry. The Brazilian Legislation will also be analyzed from the angle of the World Health Organizations recommendations in order to provide qualitative parameters to evaluate its quality and, finally, to analyze media and political influence in the results the generic medications reached. Legislation manipulation revealed to be an interesting device to assist in the generic implanting process in Brazil and helped in reaching the positive results obtained in such process.
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Mennesson, Stéphane. "Les droits sur choses de genre." Thesis, La Réunion, 2017. http://www.theses.fr/2017LARE0041/document.
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Cette étude a pour objet de démontrer la possibilité d'existence de droits sur des choses de genre, c'est-à-dire sur des choses définies de manière générale et d'exposer ensuite ses implications. Cette hypothèse est traditionnellement écartée par la théorie des biens, qui n'admet l'existence de droits de propriété et de droits réels que sur des choses individuellement déterminées. Le principe d'une réservation de choses génériquement déterminées est pourtant concevable et mérite, dans ces conditions, être reconnu. Les conséquences principales de cette reconnaissance sont au nombre de deux. Les droits sur choses de genre présentent tout d'abord la particularité de pouvoir survivre à la confusion de la chose qui constitue leur assiette. Ils présentent également la particularité plus remarquable de pouvoir, dans un assez grand nombre d'hypothèses, survivre à la disparition matérielle ou juridique de la chose qui en constitue l'objetThe purpose of this study is to demonstrate the possibility of existence of rights over generic things, i.e things whose constitution is determined in consideration of generic features, and to present its implications. Property law has, historically, never admitted the fact that a right could be established on things other than those which are individually determined, and can be refered to as "this" thing. Rights over generic things are, nevertheless, a reality and therefore deserved to be recognized. They have two main characteristics. First of all, they have the ability to survive the mixing of their object with other identical things. They can also, in a rather important number of cases, survive the material or juridical loss of their object
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Khalil, Sarah. "Skyddet av geografiska ursprungsbeteckningar : en immaterialrättslig figur sui generis." Thesis, Linköping University, Department of Management and Economics, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2566.
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Geographical indications designate products which have a specific geographical origin, which can either be national, regional or local. The subject is complicated since geographical indications arises a large number of questions There are EC regulations which regulate the protection of geographical indications, but since the field has not yet been exhaustively harmonized, the existence of national rules of protection is therefore still possible, which can lead to trade barriers between the member states. Consequently, one problem consists in whether it may be legitimate to restrict the free movement of goods by article 28 in the EC Treaty by referring to national rules of protection and to what extent such measures may be justified by article 30 or by the Cassis doctrine. An additional question consists in how the line between geographical indications and generic terms is to be established appropriately. Further, geographical indications are exposed to improper use by other dishonest commercial operators and therefore the possibilities of protection against unfair competition and misleading are also discussed in the thesis. Since there are several questions which are unanswered regarding geographical indications, the purpose of this essay is to analyze what kind of intellectual property right geographical indications constitute and how they are protected.
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Cantuaria, Patricia Lucia Martins Cardoso. "Using Sui generis systems and biopartnerships to provide protection for plant genetic resources : a balance of stakeholder interests, rights and duties; case study Brazil." Thesis, University of Nottingham, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364443.
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Williams-Jones, Bryn. "Embodiment, property, and the patenting of human genetic material." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ29520.pdf.
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Sacco, Solomon Frank. "A comparative study of the implementation in Zimbabwe and South Africa of the international law rules that allow compulsory licensing and parallel importation for HIV/AIDS drugs." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1100.
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"Zimbabwe and South Africa are facing an HIV/AIDS epidemic of such proportions that the populations of these countries will markedly decline in the next ten years despite the existence of effective drugs to treat the symptoms of AIDS and dramatically lower the communicability of the virus. These drugs are under patent protection by companies in the developed world and the patents raise the prices above the level of affordability for HIV infected persons in South Africa and Zimbabwe. Zimbabwe has declared a national emergency on HIV/AIDS, apparently in conformance with TRIPS and has issued compulsory licenses to a local company that has started to manufacture and sell cheap anti-retroviral drugs. South Africa has not declared a national emergency and has not invoked the TRIPS flexibilities or utilized flexibilities inherent in its own legislation. However, while thousands of people die every week in the two countries, neither government has yet provided an effective HIV/AIDS policy. Extensive litigation and public pressure in South Africa has led the government to announce a policy of supplying free HIV drugs in public hospitals while the Zimbabwean government has announced the provision of the same drugs, also in public hospitals, apparently utilising the state of emergency. The TRIPS agreement under which the two governments undertook to protect international patents allows compulsory licensing under certain circumstances (not limited to a national emergency) and the Doha Declaration on TRIPS and Public Health, and subsequent agreements by the Ministerial Council of the WTO allow the manufacture and, in limited circumstances, the parallel importation of generic drugs. These provisions provide a theoretical mechanism for poor countries to ensure their citizens' rights of access to health (care). The research is aimed at identifying the extent of the effectiveness of the legal norms created by Articles 20 and 31 of TRIPS, the Doha Declaration and subsequent Council of Ministers' decisions, which together ostensibly provide a framework to allow provision of generic drugs. It is further aimed at investigating how the state of emergency in Zimbabwe has been utilised to provide cheap generic drugs to Zimbabweans and whether this would be an option for South Africa. A comparison of the legal provisions governing the provision of drugs in the two countries will also be undertaken to examine the extent to which international and national constitutional and legal provisions may be utilised to give effect to the right to health." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Dr. Enid Hill at the American University in Cairo.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Most, Michael Thomas. "PRIVATIZING AGRICULTURAL GENETICS: AN ANALYSIS OF THE PROCESS AND IMPLICATIONS OF CREATING PROPERTY FROM A ONCE RES NULLIUS PUBLIC GOOD." OpenSIUC, 2012. https://opensiuc.lib.siu.edu/dissertations/544.
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For milennia, agricultural genetics were common-pool, open access (or res nullius) resources, unencumbered by the assignment of property rights. Beginning in 1930, a series of legislative and judicial actions incrementally altered the legal definition of agricultural genetics and, ultimately, permitted the application of utility patents to a resource that was once free to all. In the factitious process of creating ownable property from that which was previously shared, the potential consequences of privatizing these res nullius resources were often unanticipated, underappreciated or entirely dismissed. Ramifications include not only the widely publicized concerns of environmental contretemps and the potentially insalubrious effects of consuming transgenic foods, but also more obscure implications, many of which are economically counterproductive and socially undesirable (e.g., promoting farmers onto a technology treadmill that requires them to implement successive iterations of evolving technologies or risk becoming noncompetitive; creating hostilities between technology adopters and non-adopting farmers which, in turn, complexifies social relationships and diminishes the quality of rural life; encouraging questionable corporate behaviors; promoting strategic hold-ups whereby broadly applied patents constrain the widespread use of licenses and consequently inhibit further evolution of technologies, and; creating patent thickets that produce bottlenecks, slow innovation, and increase transaction costs). Proponents of biotechnology seek to strengthen the inchoate property to the point of adoption by minimizing or negating controversial aspects while emphasizing potentially positive outcomes. Opposing interests attempt to exploit potentially negative implications or outcomes in an attempt to weaken the propertization to the point of abandonment. (According to Radin (2000b), the term, propertization, refers to the creation of property, often intangible, or at least less tangible than traditional chattel assets, through a socially sanctioned, uncertain and malleable process.) The success of any attempt to privatize agricultural genetics is not assured, and opportunistic stakeholders opposing or promoting the creation of the property will attempt to exploit this incertitude to influence the outcome of the inchoate propertization. Thus, unlike ownership of conventional, tangible properties (e.g., land or chattel), the successful (or, equally, unsuccessful) privatization of agricultural genetic sequences is dependent upon the process of creating the property, itself. Employing grounded theory methodologies, this dissertation analyzes five case studies to develop a unique model describing the uncertain process of creating property from agricultural genetics and facilitate explaining why certain propertization attempts are successful while others are not.
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Murray, Philip (Philip E. ). "Creation of a database for evaluating the effect of genetic intellectual property on genetic diagnostic testing." Thesis, Massachusetts Institute of Technology, 2006. http://hdl.handle.net/1721.1/36723.
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Thesis (S.B.)--Massachusetts Institute of Technology, Dept. of Mechanical Engineering, 2006.Includes bibliographical references (leaves 33-34).
In this study, we explore the impact of gene-based patents on the pricing and availability of genetic diagnostic tests. We also explore the nature and scope of the genetic diagnostics industry itself. Through data mining of the GeneTests database and gathering of pricing and procedure information from over 51 laboratories (using a range of sources including phone interviews), we created a unique database that links pricing, procedure and availability information for each sequencing-based gene diagnostic test offered in the US. In addition, we linked relevant gene-based patents to each gene in our database. Our results indicate a correlation between gene patents and test pricing, with an average non-patented test price of -$1330.31 (121 entries) compared to an average price of -$1419.58 for tests associated with gene patents (137 entries).
by Philip Murray.
S.B.
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Ahn, Pyoungchan Joseph. "Essays in Intellectual Property Bargaining and Trade." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:25752907.
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In this dissertation, I present three essays on the dynamics of intellectual property bargaining and trade, particularly of patents. The first essay presents a game theoretic model examining the sale of intellectual property rights from small inventors with buyers of varying commercialization capacity across intellectual property rights regimes with full and no property rights protection. The essay finds that in Nash equilibrium in both single seller and infinite seller scenarios, sellers generally approach firms with greater commercialization capabilities if property rights are strong, and approach firms with lesser commercialization capabilities if property rights are not protected. The second essay examines the sale of patents from small inventors and entities to firms from 1992 to 2000. I exploit the 1996 Supreme Court case Markman v. Westview Instruments, arguing that patent protection weakened afterwards, to compare patent sales to firms with greater or weaker commercialization capabilities, which I proxy using industrial patent holdings. Using a conditional fixed-effects multivariate choice model, I find that patent sales are more highly concentrated towards firms with weaker patent holdings after Markman. The last essay develops a conceptual model of patent dynamic capabilities for firms, developing several predictions in conjunction with the technology life-cycle model.
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Kalantzis-Cope, Phillip. "Whose property? Intellectual Property and the Challenge of Political Community in a Post-Industrial Age." Thesis, The New School, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3665764.
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Debates over the distinctive economic, political and social affordances of the post-industrial age converge in a constellation of intellectual property alternatives. This project maps four paradigmatic agendas for the production and ownership of immaterial property: Information Privatization, Immaterial Exceptionalism, Network Distribution and Ecological De-colonization. I define these paradigms through a tripartite rubric: their ontological foundations, their normative presuppositions and their institutional topologies. Grounded in these four alternatives for the production and ownership of immaterial property, I turn my investigation to the challenge of political community in a post-industrial age. Each paradigm poses a distinct challenge to traditional understandings of political community, as a theoretical proposition and empirical reality. The question of 'Whose Property?' emerges within the normative framework of Critical International Relations Theory. Within this tradition the challenge of political community is to address how political communities institutionalize and express modes of capitalist development. I pose the question of 'Whose Property?' for the purposes both of diagnosis and prognosis. My diagnosis speaks to the challenge of political community in an age of increasing global interdependency, shaped by the logics of post-industrial capitalism. The prognosis, I want to suggest, is that if we conceive political communities as a mode of collective political action, then the varied agendas for intellectual property may provide a powerful motivational argument underpinning emerging modes of political action. They may also offer institutional alternatives that can provide inroads to support the institutional realization of the emancipatory agenda of Critical International Relations Theory. By way of conclusion, this project leaves us with an overarching challenge. In looking at these approaches to intellectual property through the lens of political community, a key transformation manifests itself – the erosion of the Westphalian 'public' and rising demands for pluralized, distributed and globalized Post-Westphalian 'publics'.
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Yemane, Yacob. "Codes with the K-identifiable parent property." Thesis, Royal Holloway, University of London, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.271953.
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Tobin, Allison Claire Simmons. "Patenting human genetic sequences : a comparative analysis of intellectual property protection policies." Thesis, Georgia Institute of Technology, 1994. http://hdl.handle.net/1853/31043.
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Dajani, Ola Fouad. "Genetic resources under the CBD and TRIPS : issues on sovereignty and property." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78178.
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Coming together to save the Earth. Ten years have passed since the Earth Summit in Rio created such passion and expectations. Whether the Convention on Biological Diversity has met those expectations or not vary from person to person.Evidently, the Convention on Biological Diversity is complex, not only in its language, but also in its attempt to balance between conservation and sustainable use, and between the providers of and benefiters from biological diversity.
Subsequent to its conclusion, the Parties have strived to achieve these objectives. This thesis attempts to assist in this process by exploring the means of implementing the Convention on Biological Diversity and their consequences.
The scope of the thesis is limited to the matters of sovereignty rights and access to genetic resources, in an effort to clear up the uncertainties in the applications of these components. This thesis attempts to contribute a pragmatic perspective to these matters, which, at their core, rely on the crossing points in the implementation of the Convention on Biological Diversity and the Agreement on Trade-Related Aspects of Intellectual Property Rights. This thesis focuses on ways to reconcile property rights in genetic resources with patent rights in invention using genetic resources. It proposes one interpretation of property rights in genetic resources so as to avoid any conflict with patent rights and accordingly, avoid conflict between the requirements of the Convention on Biological Diversity and those of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
I hope that the views and proposals expressed in this thesis will be considered along with other diverse approaches to the implementation of the Convention on Biological Diversity.
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Santos, Ramon Rocha. "O dever fundamental de pagar tributos : a atualização da planta genérica de valores do IPTU como imperativo constitucional." Universidade Federal de Sergipe, 2016. https://ri.ufs.br/handle/riufs/4367.
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This paper aims to discuss, in the academic field, a subject forgotten in the Brazilian constitutional debate, namely, the fundamental duties. With support in the European doctrine, especially the Portuguese headed by Professor José Casalta Nabais, seeks to demonstrate the evolution and importance of the constitutional debate about the fundamental duties in the current legal scenario. In an inter relational perspective, the fundamental duties are understood not as restrictions on fundamental rights, but as an autonomous legal category, relating them to a greater or lesser degree, with fundamental rights. In this context, it addressed the fundamental duty to pay taxes, highlighting the importance of tax in the democratic rule of law, building up a new vision of legal tax relationship. The tribute is no longer seen as a rule of social rejection, seeing as a fundamental duty inherent to citizenship and resulting solidarity, serving as an appropriate and necessary instrument for the much desired social change. They are also investigated the ethical and moral issues related to taxation, identifying the acts committed by both the state and taxpayers. Within this perspective is an analysis of the need to update the generic plant property tax values as embodiment of the contributory capacity principle, demonstrating the close relationship of that principle with the principle of social solidarity in order to demonstrate that such update reveals itself as an imperative constitutional.O presente trabalho objetiva discutir, no âmbito acadêmico, um tema esquecido no debate constitucional brasileiro, qual seja, os deveres fundamentais. Com suporte na doutrina europeia, em especial a portuguesa capitaneada pelo professor José Casalta Nabais, procura-se demonstrar a evolução e a importância do debate constitucional acerca dos deveres fundamentais no cenário jurídico atual. Em uma perspectiva inter relacional, os deveres fundamentais são compreendidos não como restrições aos direitos fundamentais, mas sim como categoria jurídica autônoma, relacionando-os, em maior ou menor grau, com os direitos fundamentais. Neste contexto, é abordado o dever fundamental de pagar tributos, destacando-se a sua importância no Estado Democrático de Direito, construindo-se uma nova visão da relação jurídica tributária. O tributo deixa de ser encarado como uma norma de rejeição social, afeiçoando-se como um dever fundamental inerente à cidadania e decorrente da solidariedade, servindo como instrumento adequado e necessário para a tão almejada transformação social. São investigados também os aspectos éticos e morais relacionados à tributação, identificando as condutas praticadas tanto pelo Estado quanto pelos contribuintes. Dentro desta perspectiva é feita uma análise acerca da necessidade de atualização da Planta Genérica de Valores do IPTU como forma de realização do Princípio da Capacidade Contributiva, demonstrando-se a íntima relação do referido princípio com o Princípio da Solidariedade Social a fim de demonstrar que referida atualização revela-se como um imperativo de índole constitucional. Palavras-Chave: Direitos Fundamentais
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Heumann, Epstein Tibor Alejandro. "A General Approach for Screening Problems Without The Single-Crossing Property." Tesis, Universidad de Chile, 2011. http://repositorio.uchile.cl/handle/2250/102512.
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En este trabajo consideramos el modelo clásico de diseño de mecanismos, con un principal
que debe tomar una decisión o determinar la asignación de un bien, y agentes que poseen
información privada que es relevante para el principal. Para utilizar de manera ´optima la
información de los agentes, el principal diseña un menú de contratos, donde cada uno
especifica la decisión que tomará el principal y las transferencias que se le darán al agente.
Dado este menú, cada agente elige el contrato que más le favorece.
El objetivo del principal es diseñar un menú de contratos que maximice su utilidad,
que puede coincidir o no con el bienestar social. Existe una amplia literatura que considera
este problema, sin embargo la mayor parte de ´esta toma como suposición fundamental
que las preferencias de los agentes satisfacen la propiedad de cruce único (S.C.P. por sus
siglas en ingles). Esta propiedad garantiza que la valoración marginal de los agentes por el
bien en cuestión cambia monótonamente con su información privada. Para el principal esto
simplifica significativamente el diseño del menú ´optimo, ya que garantiza que el problema
de maximización que enfrentan los agentes, al elegir el contrato que más les favorece, es
cóncavo. Como los agentes enfrentan un problema cóncavo, el principal, al diseñar el menú
de contratos, sólo debe preocuparse localmente de la condición de primer y segundo orden
de los agentes.
En esta tesis consideramos el caso en que las preferencias de los agentes no
satisfacen S.C.P. Desde un punto de vista técnico, al relajar este supuesto, se pierde la
monotonicidad en las preferencias de los agentes. Esto hace que para el principal no sea
suficiente analizar las condiciones de primer y segundo orden de los agentes, y deba
analizar su decisión global. Por esto, el problema de maximización para el principal es
mucho mas complejo de analizar ya que no basta con maximizar localmente los contratos
para cada agente, si no que se debe considerar los efectos globales de cada contrato.
En esta tesis, se introduce la condición de “doble cruce”, que es un supuesto más
débil que S.C.P. Así, se encuentran condiciones necesarias para que un mecanismo
sea implementable y también condición necesarias para la optimalidad de ´este. Estas
condiciones son interpretadas desde un punto de vista económico, lo que permite extender
las intuiciones a una generalidad de problemas en que no se cumple S.C.P. y entender las
limitaciones que impone este supuesto.
Por otro lado, ocupando las condiciones necesarias, encontramos un nuevo método
para solucionar y encontrar contratos óptimos en el modelo que estudiamos. Este método
permite transformar un problema de dimensión infinita en un problema bidimensional que
es posible solucionar. Ejemplificamos el método propuesto resolviendo dos ejemplos. La
primera situación consiste en encontrar la forma óptima de arrendar una tecnología que
queda obsoleta en el tiempo a una tasa desconocida para el principal. La segunda es como
regular la tecnología que usa un monopolio que produce externalidades negativas, donde
la eficiencia para implementar distintas tecnologías es información privada.
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Smirnova, Svetlana. "Managing the UNESCO world heritage serial property in Russia." Thesis, IMT Alti Studi Lucca, 2014. http://e-theses.imtlucca.it/151/1/Smirnova_phdthesis.pdf.
Full textAbstract:
The focus of the present study is on managerial organization employed for serial properties registered on the UNESCO World Heritage List. The research examines a specific type of cultural heritage, precisely the sites, which combine architecture and landscape design, such as princely estates, palace and park ensembles or villas. Widely spread in Europe, they reflect upon historical past of the countries, evoking ideas of a nation state and identity. The research examines former Imperial residences turned museums located in the suburbs of St. Petersburg. Six palace and park ensembles are included into the UNESCO World Heritage Site (WHS): ‘Historic Center of St. Petersburg and related groups of monuments’ [WHS №540bis]. On one hand, these estates are uniformly perceived as a whole, due to their association with the Russian Imperial family, their uniform inscription as a serial property within a single UNESCO world heritage site and a brand of ‘the Golden/Emerald/Green Necklace/Ring of St. Petersburg’. On the other hand, disproportionate differences in administration, territorial subordination, state of conservation, services and offers, promotion and visibility demonstrate the residence museums to be separate parts of a disintegrated system. Consequently, the research aims to analyse the model of St. Petersburg suburban residence museums’ in its functioning, taking into consideration multiple aspects, such as legal status, administration, management, visitors, services, etc. Accordingly, to provide a comprehensive study of the St. Petersburg model and to examine some of its components in depth, an extensive analysis of relevant European practices is implemented. The examples selected in Germany and Italy comprise: Palaces and Parks of Potsdam and Berlin [WHS N. 532ter, 1990], Residences of Ludwig II in Bavaria (nomination resubmitted); The Residences of the Royal House of Savoy [WHS N.23bis, 1997], Medici Villas and Gardens in Tuscany [WHS N.175, 2013].
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Jacobs, Cislé Stella. "Patents of traditional medicine inventions and their relationship with traditional knowledge associated with genetic resources in Namibia: proposals for legal reform." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25000.
Full textAbstract:
The study recognises the significant biotechnical role of the pharmaceutical industry in developing and processing traditional medicine into safe and efficacious drugs and vaccines and how patent law assist this achieving this end. The study argues that patenting of traditional medicine inventions is possible without encroaching on the protection accorded to TK associated with GRs. It further argues that through the implementation of a disclosure requirement for all patent applications of inventions which are based on or derived from TK associated with GRs, misappropriation of TK and GRs can be prevented in Namibia. To this end, the study identifies key concepts and legal instruments both internationally and regionally i.e. the Convention on Biological Diversity, 1993, the TRIPS Agreement, 1994 and the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore, 2010; which provides for TK, GRs and patent laws. The study further analysed how Namibia translated international obligations to its legal framework. A comparative analysis is produced between Namibia and South Africa to determine which system is most suitable for Namibia.
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Guneratne, Camena Erica. "Genetic Resources, Equity and International Law." The University of Waikato, 2009. http://hdl.handle.net/10289/2475.
Full textAbstract:
This thesis examines the application of international law to the uses of agricultural crop plants termed plant genetic resources for food and agriculture. In particular, it asks the question, does international law regulate the use of plant genetic resources for food and agriculture so as to enable equity among nations in accessing these resources and sharing the benefits which arise from them? In answering this question this thesis will also consider several related issues which have arisen in the course of the international debate on this topic. These resources are closely entwined with the lives and livelihoods of certain categories of peoples such as indigenous peoples and farmers and local communities. In addition, they are critical for the economies, agricultural systems and food security of nations. The thesis question will not be considered in the abstract, but will rather be placed against the background of these issues, which will be continuously used to put the legal discourse into perspective. The legal analysis will focus on five international agreements which directly or indirectly regulate the use of crop plants. These five agreements are placed in two broad categories, i.e. environmental/conservation agreements and trade and property related agreements. The first category includes the Convention on Biological Diversity of 1992 and the International Treaty on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organisation of 2001. The second category includes the Convention for the Protection of New Varieties of Plants of 1991, the Agreement on Trade Related Aspects of Intellectual Property Rights of 1994, and several treaties of the World Intellectual Property Organisation. In addition, since the topic raises issues of rights, certain human rights treaties and documents will also be used in the analysis. The current international conflict over plant genetic resources can be condensed into one of rights, human rights and property rights. The international treaties cited above have all contextualized the issue within a framework of property rights, setting out mechanisms for different forms of legal control of these resources. This thesis will argue that whatever the form and nature of such property rights, they cannot achieve equity in the use of crop plants. Rather the use of such rights results in violations of human rights.
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Hilberg, Eva. "Intellectual property and the genetic dispositif of life : the changing role of intellectual property law in governing participation and knowledge in the bioeconomy." Thesis, University of Sussex, 2016. http://sro.sussex.ac.uk/id/eprint/61168/.
Full textAbstract:
This thesis analyses the problematic relation between intellectual property (IP) and genetic conceptions of life. The ‘gene patent' has been controversial from its inception in the 1980s, and IP's definition of genetic sequences continues to undergo surprising changes. Recent examples include the contested overturn of some forms of gene patents in the US Supreme Court Myriad judgement, and continuing international debates about access and benefit sharing arrangements in the newly established Nagoya Protocol. The Myriad case confronted an international neoliberal bioeconomy with new demands of patients, which increasingly define their understanding of health and well-being in molecular terms. This thesis argues that the issues surrounding the patenting of genetic sequences go beyond an already widely criticised ‘commodification' of life, and points out that rather IP law is becoming a highly contested site in a wider problematization of the governing of life understood in molecular terms. Relying on an updated reading of Foucault's concepts of governmentality and biopolitics, it argues that informational-genetic conceptions of life have opened up a new sphere of intensified biopolitics, based on a ‘genetic dispositif' of knowledge and power. In its engagement with this dispositif, IP manages tensions between competing scientific knowledges about life, governs the participation of patients in medical research, and determines the rights of developing countries in an international bioeconomy. The analytical framework conceptualises these tensions as a confrontation with molecular biopower on three levels: in IP's changing understanding of DNA, in IP's relation to new ‘genetic' subjects and medical research charities, and in challenges to IP's exclusionary effects regarding the international sharing of benefits from research, and on demands for increased contributions to global health agendas. These challenges show how IP tactically contributes to the normalisation of knowledge, to the inclusion/exclusion of participation in the bioeconomy, and to the control of research agendas.
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Ulaner, Magnus. "Bio-cultural Rights, Genetic Resources and Intellectual Property : Interacting Regimes and Epicentres of Power." Thesis, Södertörns högskola, Institutionen för livsvetenskaper, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-17473.
Full textAbstract:
This thesis analyses the struggle over rights to benefits and ownership of plant genetic resources and the global regime complex on the management of plant genetic resources, and how different regimes concerning these resources cooperate or stand in opposition to each other. Because of changes in US patent law and the establishment of TRIPS, patent claims over plant genetic resources has increased dramatically globally. This, amongst other things, in turn has lead to the acrimonious negotiations of access and benefit sharing arrangements within the framework CBD. The objective of this thesis is to examine the interaction between the international regimes regulating genetic resources and intellectual property and to analyse how these regime interactions, affect the protection of traditional knowledge held by local communities, indigenous peoples and small farmers in developing countries. The thesis concludes that it exists several regime interactions that are disruptive and undermine the possibility of protecting traditional knowledge from misappropriation. It is further concluded that modifications of the existing IPR regimes, on the disclosure of inventions, with a certificate of legal provenance, securing FPIC, MAT and benefit sharing, may serve as one brick in the wall that protect traditional knowledge from misappropriation through wrongly granted patents. But a certificate of legal provenance will not do the work alone. To protect traditional knowledge associated with genetic resources in the long term bio-cultural solutions which sustains the entire community where traditional knowledge is embedded is needed.
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Mason, Nicholas Craig. "Forging a New Global Commons Introducing common property into the global genetic resource debate." Thesis, University of Canterbury. School of Political Science and Communication, 2004. http://hdl.handle.net/10092/904.
Full textAbstract:
This thesis provides an analysis of recent attempts to regulate the governance of genetic resources through the initiation of new global commons regimes. These attempts have arisen out of a combination of the growing recognition of genetic resources' value and global nature; a new resurgence in support for the common property paradigm; and, during a period in which the world is becoming increasingly globalised, with many governance competencies moving to the supranational level. They can be viewed as part of a broader effort to proffer the common property approach as a legitimate alternative in the property regime debate: a debate that has increasingly become trapped in the public-private dichotomy at the dawn of the twenty-first century. The aim of this thesis is to investigate the success of these attempts, and offer suggestions about how future attempts might be more successful. While there are a multitude of books, articles, opinion pieces and media reports produced that concern themselves with property theory, intellectual property theory, the efficacy or morality of applying property regimes to living materials, and the threats and promises of globalisation, all of which influence the notion of a potential global genetic commons, relatively little has been written directly on the idea of applying global common property regimes to genetic resource governance issues. The first part of this thesis constructs a theory of a global genetic commons, drawing inspiration from a variety of sources, while the second part tests this theory in order to analyse the outcomes of the recent attempts, and suggest directions for future research. The thesis finds that the conception of a global genetic commons is indeed a valid one, and that while not all attempts so far have been successful, the common property paradigm does offer valuable insights for the future governance of genetic resources at the global level.
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Kafumbe, Anthony Luyirika. "Women's rights of succession to property in Uganda : reform propositions." Thesis, University of Glasgow, 2006. http://theses.gla.ac.uk/7214/.
Full textAbstract:
Articles 2(a)-(f) and 16(1)(h) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) prohibit discrimination and enjoin State parties to ensure substantive equality between men and women in marriage and family relations. To ensure compliance with the CEDAW, the Committee on the Elimination of Discrimination Against Women (CEDAW Committee) examines State parties' periodic reports and makes pertinent observations. In 1985 by ratifying the CEDAW without any reservations, Uganda willingly undertook to make her laws and institutions regulating rights of succession to property compliant with the CEDAW. On 9th August 2002 the CEDAW Committee expressed concern over the country's state-made and non-state-made laws of marriage and succession. Uganda was called upon to remove, in family relations, among others, de jure discrimination and eliminate de facto discrimination against her women. With the above concerns in mind, this dissertation primarily measures Uganda's laws and institutions regulating rights of succession to property with the standards set by the CEDAW. To clarify rights of succession to property, however, laws and institutions regulating rights to property in marriage and upon divorce are also juxtaposed against the said CEDAW standards. The dissertation suggests reforms with a view to making Uganda's said laws and institutions compliant with Articles 2(a)-(f) and 16(1)(h) of the CEDAW. Whilst some of the law reform propositions are based on intuition, given that countries rarely improve their laws without looking at what other jurisdictions are doing, this dissertation has sought progressive ideas from the English, Scots and South African laws and institutions regulating rights to property in marriage, upon divorce and upon the death of a spouse. While there is legal pluralism in Uganda's laws and institutions regulating women's rights to property in marriage, upon divorce and upon the death of a spouse, such pluralism should not prevail over compliance with Articles 2(a)-(f) and 16(1)(h) of the CEDAW, as an international legal imperative: women's rights to property in Uganda may be regulated by state-made, customary and Islamic family laws and institutions so long as compliance with Articles 2(a)-(f) and 16(1)(h) of the CEDAW is guaranteed.
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Tran, Kien. "The history of intellectual property law of Vietnam, 1945-1994." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6953/.
Full textAbstract:
This thesis centres on the principal question of the existence of intellectual property law between 1945 and 1994 in Vietnam, and related issues that flow therefrom. A common orthodoxy held that there was no real intellectual property law in the country until the early 1980s, and that the law has been a feature of the Vietnamese legal system only since 1981. This common belief is shared by an absolute majority of scholars, lawyers, and practitioners, both domestic and foreign, who have studied the intellectual property law of Vietnam. This thesis will seek to disprove that belief by drawing on extensive archival evidence, to reconstruct, for the first time, a unique, ignored system of laws regulating copyright, patent, and trade mark, among other kinds of intellectual property protection, in existence between 1945 and 1994. In fact, the existing system of intellectual property law was composed of two main sources. The first component part is comprised of a large corpus of colonial laws from France and a small number of indigenous provisions developed by local governments modelled after the French laws, as well as a unique and local common law practice in relation to intellectual property rights which has been recorded since the seventeenth century. This part of the system dated as far back as 1864 and lasted theoretically until 1955 within the context of a colonial and semi-feudal society. The second part, addressed in the principal part of this thesis, is the theory and practice of socialist law. This part was introduced into Vietnam as early as 1945. At first, it was a supplementation to the established, continued body of colonial laws but, subsequently, from the late 1950s, it evolved to become the principal system, replacing the old laws within the framework of socialist legality, upholding the dictatorship of the proletariat and a centrally planned economy. Since 1986, Vietnam has embarked on a radically different route to develop intellectual property law in compliance with various bilateral and international intellectual property and free trade treaties. Consequently, this socialist intellectual property law was finally displaced as of 1994, as the result of various reforms driving the country towards a market-based economy under a rule of law state.
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Brasca, Daria. "The fate of Jewish-Owned cultural property: Florence during WWII." Thesis, IMT Alti Studi Lucca, 2016. http://e-theses.imtlucca.it/212/1/Brasca_phdthesis.pdf.
Full textAbstract:
The research investigates on the fate of the Jewish-owned Cultural Heritage during WWII in Italy and In the particular in Florence and its Province. Starting from the Report of the Anselmi Commission published in 2001 and of the publication of L’Opera da Ritrovare in which is listed the heritage still missing from WWII, the research addresses the issues left pending regarding the management, the transfer, the appropriation, the protection and the looting of the artworks and artistic objects owned by the Italian and foreign Jews during the war.
The anti-Jewish legislation. Especially under the Social Italian Republic, had a drastic effects on the property rights and assets. When the Nation provisions were applied from the beginning of 1944, the confiscation orders listed everything: not only silverware, real estate, land, carpets, household objects and personal effects, but also artworks & valuable objects. But in many cases the provisions have acted quite outside the law, engaging pillages and forced appropriation of artworks, for the most part, subsequently proved untraceable. The decisions made the institutions and local public bodies, as the Florentine Head of Province and Prefecture, not only flew in the dace of individual rights but also revealed the clear temptation to become an accomplices of the illegality, or even to act for their own personal advantage.
To understand the complexity of this political and cultural climate, the research plan was to predicate upon a precise choice: to consult as many sources as possible in order to throw light on events that involved both individuals and institutions. Crossing the data of the documentation conserved in the Central Archive of the State and in the Florentine public archives with that of the Jewish community and of the heirs of the persecuted, the study re-frame the fate of art and book collections collected in Florence and its Province.
Every single collection that the research investigated had a really personal story of taste, value and fate during and after the war. What they have in common is the fact that the all the collections were transferred from the right owners to others possessors – Fascists, Nazis, or common people, inside and outside the city. The result of the investigation through various archival funds shows clearly the right responsibilities amongst individuals and the institutions. In the frame is fundamental the role of the Superintendence of the Galleries of Florence, that while through inefficient regulatory instruments, tried to limit the misappropriation of the many important collections conserved in the Jewish and ‘enemy subjects’ house.
The looting that took place in Florence are not limited in the cases that I’m presenting in this research. The information do not reflect the full scale of the seizures that occurred with regard to the cultural Jewish property; many objects of lesser artistic value, quite untraceable yesterday like today, were transfer in/out the city for all the duration of the war and post. The caution becomes necessary when listing the property that has definitely been lost or recovered. The investigation, especially in the criminal trials’ funds, demonstrates that it is determinant do supplementary analysis of acts of despoilment where the ultimate fate of the material seized is still unknown.
The research on the Florentine case, due to its complexity, pretend to became a model to be apply in the rest of the country where the attention is not yet focused on this issue.
Based on a massive archival investigation through different funds of many archives and on the consolidated international guidelines, the research provides a new prospective of the Italian Shoah studies and in the Nazi Era Looted Art field.
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Park, Daniel H. "The Development of United States Property Rights." Thesis, Boston College, 2007. http://hdl.handle.net/2345/498.
Full textAbstract:
Thesis advisor: Dennis HaleThe right to property is debatably the most fundamental American right, and its breadth and strength is more controversial today than ever before. Thus it is more important than ever to understand that its development was not accidental but has had a long and fascinating history. Such a conception of property was theoretically formed by John Locke, recognized by the Founding Fathers in the U.S. Constitution, and developed through case law. The purpose of this thesis is to show the significance of the idea of private property for America and its citizens, the development and history of that idea through past cases, and the implications of the idea and its development of the future of America
Thesis (BA) — Boston College, 2007
Submitted to: Boston College. College of Arts and Sciences
Discipline: Political Science
Discipline: College Honors Program
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Ismail, Suzi Fadhilah. "Intellectual property protection for agricultural biotechnological inventions : a case of Malaysia." Thesis, University of Nottingham, 2011. http://eprints.nottingham.ac.uk/11961/.
Full textAbstract:
This research focuses on the current legal protection for agricultural biotechnological inventions in Europe and the U.S. It has been a subject of debate whether plants and agricultural biotechnological inventions which includes plants, transgenic plants and plant varieties, can be the subject of patent protection, in addition to or as an alternative to the protection afforded by plant variety rights. Biotechnological patents have been criticized for granting an excessive scope of protection to proprietors, whereas plant variety rights have been slighted for not providing enough protection. Hence, this research is built on a few main themes, namely; the discussion of IP protection for agricultural biotechnological inventions as currently in practice in Europe and the U.S., as well as the deliberation on the current system as practised in Malaysia. The research also discusses the issue of the interface between the patent regime and plant variety rights over agricultural biotechnological inventions as there are possible overlaps between the two systems, notwithstanding the exclusivity of protection of plant varieties under the PVR system. The research looks at the prospect for Malaysia as a developing country to enhance its current IP framework and legislation in order to develop its agricultural biotechnology industry. Hence, it focuses on whether there is a single system as a model of IP regime to be adopted by Malaysia in order to provide the best IP protection for its agricultural biotechnology industry. The comparative approach is inevitable, in referring to the European model and the American model as a guide. The relevant factors such as the different setting, society and economic strength are given due consideration in coming up with the proposal to amend the current intellectual property law and legal system in Malaysia. At the end, the thesis puts forward a model for Malaysia to further develop its system.
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Chaudhuri, Sabuj Kumar. "Genetic Erosion of Agrobiodiversity in India and Intellectual Property Rights: Interplay and some Key Issues." PATENTMATICS, 2005. http://hdl.handle.net/10150/105740.
Full textAbstract:
INTELLECTUAL PROPERTY RIGHTS (IPR)-SHOULD BE EXACT SUBJECT OF THIS RESEARCH PAPERThis article has been published in Patentmatics 5 (6), June 2005. Agrobiodiversity is the backbone of a nationâ s food security and the basis of economic development as a whole. Over the years this diversity in India is under pressure due to the massive commercialisation of agriculture leading to the almost extinction of traditional farming systems. The top-down system of agricultural research, where farmers are seen merely as recipients of research rather than as participants in it, has contributed to an increased dependence on a relatively few plant varieties. This trend and the increasing industrialization of agriculture are key factors in what can only be called "genetic erosion". The term refers to both the loss of species and the reduction of variety. Behind this commercialization there lies the interest of the breeders for obtaining intellectual property rights. It has a very complicated relationship with this diversity. The paper highlights this relationship and provides some suggestions in order to rectify the current negative phenomenon.
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Frye, Elora. "Material Thermal Property Estimation of Fibrous Insulation: Heat Transfer Modeling and the Continuous Genetic Algorithm." VCU Scholars Compass, 2018. https://scholarscompass.vcu.edu/etd/5433.
Full textAbstract:
Material thermal properties are highly sought after to better understand the performance of a material under particular conditions. As new materials are created, their physical properties will determine their performance for various applications. These properties have been estimated using many techniques including experimental testing, numerical modeling, and a combination of both. Existing methods can be time consuming, thus, a time-efficient and precise method to estimate these thermal properties was desired. A one-dimensional finite difference numerical model was developed to replicate the heat transfer through an experimental apparatus. A combination of this numerical model and the Continuous Genetic Algorithm optimization technique was used to estimate material thermal properties of fibrous insulation from test data. The focus of this work was to predict these material thermal properties for an Alumina Paper that is commonly used in aerospace applications. The background, methodology, and results are discussed.
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Radonjanin, Andrea. "Intellectual property protection of folklore : a step towards a more global approach." Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/29656/.
Full textAbstract:
Folklore, as a specific part of the traditional heritage, forms one of the constituent elements of the cultural identity of every community. As such, expressions of folklore ought to be preserved and protected from uncontrolled and inappropriate utilisation. The problem of an adequate system of protection of folklore has been discussed over the last few decades, yet, it seems that, up to date, legislative solutions fail to entirely efficiently and comprehensively deal with this issue. At the same time, somewhat unfairly, mainly the indigenous communities have been the focus of most of these scientific and legislative approaches over the past decades. Predominant part of the existing literature and normative models of protection have used the indigenous communities as a starting point in developing folklore protection systems and schemes, leaving many other non-indigenous communities with rich folkloric opus on the margins of the attention. On account of this, one may argue that the proposed legislative solutions are not fully operational for both indigenous and non-indigenous communities. Recognising the above, and at the same time aware that folklore does not only exist in isolated parts of the world but is present in every nation and in every culture, the main focus of this thesis is to examine the protection of folklore from a specific perspective, that of the overlooked non-indigenous communities. At the same time, this thesis also looks into answering certain currently unrequited issues, aiding in that way to the development of a more globally appropriate system of protection of expressions of folklore.
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Thomas, Kristie. "China's post-WTO intellectual property system : assessing compliance with the TRIPS agreement." Thesis, University of Nottingham, 2008. http://eprints.nottingham.ac.uk/12621/.
Full textAbstract:
This thesis examines the system of intellectual property (IP) protection in contemporary China. The IP system has undergone a series of dramatic reforms in recent years, particularly as a result of China's accession to the World Trade Organisation. From December 2001, China is now committed to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, despite implementing TRIPS provisions into domestic legislation, infringements are still prevalent and criticism of the IP system continues. Therefore, this study aims to analyse China's compliance with the TRIPS Agreement in more detail using theories of compliance originating in international law and international relations, in order to understand this gap between implementation and compliance. Specifically, this study applies a comprehensive model of compliance previously applied to international environmental accords. This model incorporates consideration of the international IP environment and the TRIPS Agreement itself, as well as China-specific factors affecting TRIPS compliance. The model was tested using a combination of qualitative techniques, including an initial bilingual questionnaire, detailed follow-up interviews and analysis of a wide range of primary documents such as WTO papers, laws and regulations and case reports. Respondents participating in the study included legal and business professionals, both international and Chinese, with experience of the IP system in China. The qualitative data was coded and analysed using NVivo software and a model of TRIPS compliance in China created. The study concludes that previous studies of compliance with international obligations have been too narrow in scope and that a more inclusive approach to relevant factors is necessary. In terms of policy implications, this thesis will also suggest that external pressure alone will not achieve long-term changes in the IP system and that more cooperative initiatives are necessary in order to increase China's capacity, as well as intention, to fully comply with the TRIPS Agreement.
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Carruthers, Janeen Margaret. "Beyond the ineluctable : an examination of choice of law rules in property." Thesis, University of Glasgow, 2002. http://theses.gla.ac.uk/3532/.
Full textAbstract:
This thesis comprises an examination of choice of law rules in property. The study is principally concerned with the Scottish rules of international private law, but these, in turn, rely heavily upon, and in many respects are indistinguishable from, the equivalent English rules. Indeed, they seem in places to be mutually dependent. An examination is conducted of choice of law methodology, including in particular, an analysis of the configuration of choice of law rules. Consideration is given to the role of the connecting factor, and to the definition thereof, in its spatial, temporal and dimensional contexts. Throughout the thesis, a contrast is drawn between the jurisdiction-selecting approach of Scottish and English international private law, and the rule-selecting techniques which are employed in the United States of America. Central to the thesis is an examination of the role and definition of the connecting factor in the particular context of choice of law rules in property. The study traces the development of the lex situs rule, and its application to dealings with immovable property, corporeal moveable property and incorporeal moveable property, as well as the special case of dealings with 'cultural property'. Arguments in favour of, and against, the lex situs rule, in these various contexts, are considered, and special attention is paid to instances of latent and patent avoidance of the lex situs rule. In order to integrate the methodology analysis with the detailed study of choice of law in property, two alternative Models of suggested choice of law rules in property are presented for consideration; Model 1 is intended to be a draft international instrument, whereas Model 2, the more moderate proposal, is intended only as a draft national measure. The Models seek to embody the author's desire to inject a greater degree of flexibility into choice of law rules in property, and to attempt to formulate even-handed solutions to the complex problems (of space, time and policy) which arise in this area of the conflict of laws.
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Bell, Gerard Anthony. "Novel nanomechanical property instrumentation development and its application to surface engineered systems." Thesis, University of Birmingham, 2012. http://etheses.bham.ac.uk//id/eprint/3906/.
Full textAbstract:
Surface engineered systems for industrial applications must be able to withstand the harsh inservice environments that they will be operated under. Localised testing on the nanoscale is a method commonly used to probe such systems at very high temperatures, varying humidity and even under liquid environments. However little or no research has been directed towards investigating their behaviour under low temperature conditions. In this study a novel sub-ambient temperature nanomechanical testing instrument has been designed and developed. It allows testing of materials under the temperature range from 20 oC to minus 30 oC. The instrument employs peltier coolers to provide vibration free measurements and a custom purging chamber has been designed to prevent condensation of water vapour on the sample surface during the sub-ambient testing. The study demonstrated the need for dual cooling of both the sample and indenter to ensure drift free measurements are obtained under sub-ambient regimes. A section of the research is dedicated to the testing of polymeric materials. A range of tests were performed from nanoindentation through to probing of time and environmental dependence parameters. In particular creep was studied at ambient temperatures on a range of engineering polymers and also on Nylon’s which were submerged in a fluid cell. The prototype was constructed and validation tests carried out to ensure its performance on standard samples. Next the mechanical properties and creep behaviour of an atacticpolypropylene through its glass transition temperature was examined. Further experiments were carried out focusing on tribological testing of surface engineered systems with the new prototype providing interesting results on DLC’s when tested under below ambient temperatures. Based on the outcomes of this research, a few papers have been published in peer-reviewed technical journals and it is envisaged that the novel sub-ambient instrumentation will be used for the design, charaterisation and optimization of novel engineered surfaces for various environmental applications.
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Manea, Sabina. "Instrumentalising property : an analysis of rights in the EU emissions trading system." Thesis, London School of Economics and Political Science (University of London), 2013. http://etheses.lse.ac.uk/719/.
Full textAbstract:
The thesis examines the nature of the legal interests in emissions allowances (emissions entitlements), the tradable instruments created by the European Union Emissions Trading System (EU ETS). The potential categorisation of emissions entitlements as private property impacts significantly on the environmental success of the EU ETS and, more widely, on the conceptualisation and functionality of property rights. The current silence of the EU ETS on the nature of the entitlements has caused problems in the emissions market, as illustrated by a case study and an analysis of the commercial contracts constituting this market. In turn, the public policy goals of the EU ETS depend on the success of the private market. The thesis puts forward an analytical framework designed to articulate a construction of emissions entitlements that reconciles the multiple and potentially conflicting goals of the regime. The framework consists of two parts. The first part examines legal theories of property and establishes that the elements required to constitute a property right are exclusion, transfer and use. The second part examines three legislatively created rights regimes, namely intellectual property rights, milk quotas and spectrum rights, which are compared to emissions entitlements from the viewpoint of the identified requisite elements. This exercise further reveals instructive insights into the evolutionary nature of property rights in a regulatory environment. For private property to act as an effective tool of regulation, it needs to be specifically conceptualised as instrumental property, a new category which is put forward by the thesis. The notion of instrumental property is defined by the public policy goals of the regulatory regime and also by the particular context in which the rights operate. Instrumental property must necessarily be balanced against extraneous public or private interests which the law regards as deserving of protection.
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McLaren, David. "DesignTag : a system for identifying and protecting intellectual property within integrated circuits." Thesis, University of Glasgow, 2010. http://theses.gla.ac.uk/2250/.
Full textAbstract:
This thesis describes DesignTag, a system which can be used to identify electronic design intellectual property (IP) within operating integrated circuits (ICs). The ability to accurately identify IP within ICs has several important applications, including IP theft detection, identifying unmarked ICs and detecting counterfeit devices. Current and proposed methods for identifying IP within ICs are either inadequate for many applications, or are expensive, time consuming and difficult to use. In contrast, the DesignTag system is useful for a wide range of applications, is easy to use, and allows inexpensive and fast detection of IP. The DesignTag system consists of a small “tag” circuit which is added to a piece of IP and a tag detection sub-system which is used to detect signals transmitted by on-chip tags. These signals are transmitted using a thermal side channel, a novel approach in which information is communicated by varying the temperature of an IC package. In addition to discussing the DesignTag system as a whole, this thesis focuses on the development of the tag detection sub-system, adapting concepts from CDMA wireless communications to enable the detection of thermally transmitted tag signals.
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Adams, Ruth. "Structure-composition-property relations in B-site deficient hexagonal perovskite systems." Thesis, University of Huddersfield, 2010. http://eprints.hud.ac.uk/id/eprint/9697/.
Full textAbstract:
This thesis describes the structural and preliminary electrical characterisation of various “shifted” hexagonal B-site deficient perovskites, of generic formula, A4B3O12. These ceramics are reported to possess promising microwave dielectric properties, which are a requirement for use in the ever evolving mobile telecommunications industry. The 12R crystal structures of the Ba3-xSrxLaNb3O12 series (x = 1 – 3) were refined at variable temperatures using NPD data in space group R-3 and some interesting behaviour was exhibited. All compositions were found to be antiphase tilted, the extent of which being dependent on the A-cation size. Upon heating, the tilt angle for all members of the series was found to decrease, although no tilt transitions from R-3 to R-3m were witnessed for all phases up to 900 °C, and a change in the magnitude of permittivity at 1 MHz was observed for all members except, BaSr2LaNb3O12. Additionally evidence from preliminary low temperature data suggest relaxor ferroelectric type behaviour. Ba2SrLaNb3O12 was found to possess the most promising dielectric properties although room exists for further improvement of the quality factor (Q value). To facilitate further tuning of the dielectric properties, specifically Q, the Ba3- xSrxLaNb3-yTayO12 series (x = 0 - 3, y = 1 - 2) was investigated, with the introduction of Ta5+ on the B-site. Some interesting ordering of A- and B-sites was found to occur, and furthermore, Nb5+ was found to display a preference to inhabit the distorted environment of B(1), adjacent to the “shifted” region, compared to the undistorted B(2) site, in the perovskite block. Unusual microwave dielectric properties were displayed with all compositions exhibiting small and positive temperature coefficient of resonant frequency (TCF) values and significantly small Q values, the reverse of what is expected, thus implying that the B-site has some influence on TCF values in this case. The interesting dielectric properties may be explained by several factors, including, the increased strength associated with the covalency of the Ta-O bond compared to that of Nb-O and the presence of some significant impurity phases, particularly in the intermediate compositions that are richer in Ta5+. The LCR data collected revealed similar results as found for the Ba3-xSrxLaNb3O12 series (x = 1 – 3), highlighting the limiting nature of the temperature range which did not, in fact reflect the true response of the compositions’ behaviour. All of the compositions are antiphase tilted at room temperature therefore the collection of variable temperature diffraction data is warranted. A range of novel Ta-based intergrowth compounds were synthesised and preliminarily characterised. No detailed structural or electrical data were collected for these compounds, however, the ability to form Ta-based intergrowths, in the first instance, has been established. It is postulated that by the formation of these intergrowth phases, the dielectric properties will be effectively tuned in comparison to those of the parent oxides that they are composed of, due to the regularisation of the octahedral layers that occurs upon the formation of such intergrowth structures. This often leads to improved TCF values, and by the introduction of Ta5+, can also give improved Q values. Ta5+ was substituted for Nb5+ in the untilted 5x6y (x = 1 – 3, y = 1) layered compounds, however, it was found that to facilitate this, the replacement of Ba2+ for Sr2+ was also required on the A-site. This double substitution was a requirement to obtain compositions closer to single phase Ta-rich phases compared to Nb-rich compositions.
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Wanchana, Suchada. "Quantitative structure/property relationship modeling of pharmacokinetic properties using genetic algorithm-combined partial least squares method." 京都大学 (Kyoto University), 2003. http://hdl.handle.net/2433/148610.
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Berkson, Jacob. "Truth as an evaluative, semantic property : a defence of the linguistic priority thesis." Thesis, University of Sussex, 2015. http://sro.sussex.ac.uk/id/eprint/54155/.
Full textAbstract:
Thinking and using a language are two different but similar activities. Thinking about thinking and thinking about language use have been two major strands in the history of philosophy. One of the principal similarities is that they are both rational activities. As a result, the ability to think and the ability to use a language require being able to recognise and respond to reasons. However, there is a further feature of these activities: we humans are able to have explicit knowledge of how those activities work and what is done by performances in those activities. Thus, theorists face at least two constraints: 1. An account of a rational activity must be compatible with the possibility of agents engaging in that activity. 2. Having described an activity, it must be possible to have knowledge of an activity which is correctly described like that. There are a variety of accounts of how thinking works and how using a language works, and further variation in accounts of what is involved in explicit understanding of particular performances. These accounts can be distinguished by their views of the nature of the reasons that govern performances in that activity and by their views of the way a description of the activity relates to the way the activity proceeds. I argue that any description of thinking or language use requires showing how the truth conditions of thoughts/sentences are determined, and how the truth values of thoughts/sentences affects the way the activity proceeds. I then argue that in order to have explicit knowledge of what we do, truth has to be a substantial evaluative property of uses of language, and furthermore a truth conditional theory of meaning has to be taken as the description of the rationality of using a language. The big result is that, because in understanding language we understand truth, the philosophy of language is first philosophy.
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Marsh, Carol. "Detecting misuse of intellectual property and counterfeit integrated circuits using thermal communication channels." Thesis, University of Glasgow, 2011. http://theses.gla.ac.uk/2617/.
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The objective of this thesis is to introduce a new method for identifying and detecting Intellectual Property (IP) in digital devices. The technology operates by inserting a small, low powered digital tag into a digital design; the tag is detected using temperature as a novel covert communications channel. The IP detection technology is a non-destructive, simple to use method which quickly detects the IP via the digital device package and thus requires no prior knowledge of the system. The method is intended to be used alongside existing IP protection methods. This thesis focuses on four areas: proving that temperature can be used to communicate information by varying both the internal and external temperature of an electronic device; the development of an active tag using a range of internal digital heat generators; the design of a passive tag, using an internal heat sensor and an external heat source; the invention of a True Random Number Generator (TRNG) using the digital properties of a Field Programmable Gate Array (FPGA). This research was sponsored by Algotronix, a company which develops security IP Cores for use in FPGAs. Both the active tag and TRNG were incorporated into Algotronix’ award winning DesignTag product.
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Caponigri, Felicia. "Fashion design objects as cultural property in Italy and in the United States." Thesis, IMT Alti Studi Lucca, 2019. http://e-theses.imtlucca.it/286/1/Caponigri_phdthesis.pdf.
Full textAbstract:
This dissertation identifies a question which is undervalued,
underexplored, and under-asked within the complex of laws that apply
to fashion and in legal scholarship exploring fashion: how are fashion
design objects cultural property? It answers this question by looking to
modern and contemporary Italian fashion design objects as a case study,
primarily because the history of Italian fashion, the current activities of
Italian fashion brands, and Italian cultural property law provide ready
examples and tools through which to answer the question. Bypassing
the more common question of whether fashion is art, the dissertation
asks how fashion design objects might be of historic, artistic, or other
cultural interest for the public under the law such that they may be
preserved and valorized like other cultural properties.
The first chapter gives a history of Italian fashion, spotlighting relevant
key historical moments and constant tensions through Italian fashion
history, including the complex nature of Italian fashion as both local
and global, the relationship between traditional Italian craftsmanship
and Italian brands and designers, the inspirational links between Italian
cultural heritage and Italian fashion, and the almost inseparable links
between intangible design and tangible properties. The second chapter
examines the dilemmas surrounding the definition of cultural property
under Italian cultural property law both throughout history and today –
a boundless cultural interest, mechanisms of time, and an emphasis on
things. This chapter also explores the relationship between Italian
cultural property law and copyright in light of cultural property law’s
rules on reproductions and its regulation of decoro. The links between
intangibility and tangibility in the legal definition of cultural property
under Italian cultural property law and the work of legal scholars which
explains cultural property law with reference to text provide the
groundwork for an exploration in the third chapter of how certain texts,
despite usually being identified as intangible and therefore outside the
proverbial cultural property “box”, may be tangible and therefore
cultural property. Such an exploration is fruitful for how fashion design
objects are cultural property since fashion design is often conceived of
as intangible like text and may also incorporate text. The third chapter
gives examples of text on a spectrum of intangibility and tangibility,
with corresponding examples of fashion design. It crafts a standard for
when and how fashion design objects might be cultural property or not.
In addition to facilitating a test for when fashion design objects may be
cultural property under cultural property law, this spectrum also
provides an opportunity for new comparisons between cultural
property and intellectual property, and more specifically between cultural property and copyright and their corresponding legal regimes.
This comparison is explored in chapter four, which recaps the spectrum
of cultural property in terms of tangible text, visible images, intangible
text or intangible images, and testaments having the value of
civilization. The chapter examines conceptual separability in U.S.
copyright law in particular with reference to this spectrum and the
recent U.S. Supreme Court case, Star Athletica v. Varsity Brands, to show
how conceptual separability seems, for the category of designs of useful
articles eligible for inclusion in the category of pictorial, graphic, and
sculptural works, to be about identifying a possible public cultural
interest in intangible parts of tangible objects, in fashion designs which
are like visible images. In this sense, the dissertation envisions closer
ties between copyright law and cultural property law and sees
copyright as an at times ex ante cultural property regime. Chapter five
explores how the history of certain historic preservation laws in the
United States might allow for a future inclusion of fashion design
objects as part of historic property and acknowledges that certain parts
of Art Law and other sui generis norms may protect fashion design
objects as cultural property.
The dissertation suggests that while some fashion design objects can be
currently included as cultural property under cultural property law,
others cannot. Copyright may play a key role in the protection of
fashion design objects as cultural property, both when these fashion
design objects can and cannot be classified as cultural property under
the law. These links suggest that protecting fashion design objects as
cultural property and allowing this protection to inform the nature of
fashion designs as copyrightable subject matter might result in a thin
just as much as a thick copyright. Beyond cultural heritage law is an
emerging field for the protection of fashion design objects as cultural
property which will require considerations of how other legal regimes
overlap with cultural property law as applied to fashion design objects,
and the duties and obligations that members of the fashion industry
have in protecting their fashion products as cultural property so as not
to risk losing the cultural significance of fashion design objects for the
future.
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Pekdemir, Zeynep Ferah. "The Property Issue In The Cyprus Question." Master's thesis, METU, 2008. http://etd.lib.metu.edu.tr/upload/3/12609565/index.pdf.
Full textAbstract:
This thesis aims to provide an evaluation of the property aspect of the Cyprus problem. The 'property issue'
is an important aspect of the problem because it concerns the individual human rights and interests of a large population on both sides of the island. Following an introduction and a description of the historical backgroundof the island, there will be a basic account of the Cyprus conflict in order to have a perspective on the disagreement. The bulk of the thesis is then formed by the problem of property in the overall disagreement and both sides&rsquo
arguments towards the issue. After detailing various peace negotiations in relation to the property issue, the involvement of the European Court of Human Rights in the issue will be discussed, including the most recent developments which have since emerged
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Blakely, Megan Rae. "Intellectual property and intangible cultural heritage in Celtic-derived countries." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30838/.
Full textAbstract:
This dissertation examines the symbiotic relationship between intellectual property (“IP”) law and cultural heritage law, with an emphasis on intangible cultural heritage (“ICH”). These two fields of law have historically operated in relative isolation from each other, but the overlap of subject matter and practical effect of implementation is evident; the actual creative and traditional practices by individuals and communities are the subject matter of both fields. The central thrust of the research is to locate the effects of these two legal fields and to inform policy, research, and legislation when this previously under-considered effect and influence exists. This is accomplished through case studies of ICH and statutory intervention in three countries with diverse ICH: tartan in Scotland; cultural tourism and branding in Ireland, and the Welsh language and eisteddfodau in Wales. These countries were selected as they 1) are geographically proximate, 2) have shared cultural history, 3) are or were recently in a union legal structure with partially devolved governance powers, and 4) are ‘knowledge-based’ economies with strong IP laws. This selection facilitates the dissertation’s original contributions to research, which include highlighting the influence of ICH on IP law and how IP shapes ICH. This interaction challenges the domestic and international differential legal treatment between developed, Global North countries as IP- and knowledge-producing and developing and Global South countries as ICH- and culture-producing. Theoretical patterns emerged from the case studies: namely, first- and second-wave adoption, which is complementary to Hobsbawm and Ranger’s invented traditions; and ‘tangification’, which identifies the process through which ICH becomes IP in a modern legal framework and highlights the risks to ICH integrity as well as the over-extension of IP law. Each of these contributions support the assertion that properly managing risk to and safeguarding ICH, which provides social and economic benefits, can also help to ensure that IP law is functioning in a manner reflecting its jurisprudential underpinnings, facilitating longevity and enforceability of the law.
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Nasirov, Shukhrat. "Three essays on intellectual property and the managerial aspects of its protection and exploitation." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/49214/.
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This thesis presents three essays on intellectual property and the managerial aspect of its protection end exploitation. The first essay provides a systematic review of the empirical trademark literature with the goal to develop a framework that brings together different research streams. Despite its relative youth, this field of scholarly inquiry has already accumulated a critical mass of contributions that allow us to draw initial conclusions about the trademark lifecycle and its multifaceted impact on organisational functioning. Based on a systematic review of 64 academic papers containing some elements of empirical trademark analysis, five broad research areas have been identified, namely: the determinants of trademark deposits; the role of trademarks in differentiating product offerings; the relationship between trademarks and innovation activities; the strategic use of trademarks; and the impact of trademarks on firm performance. Overall, the analysis reveals that the performance-based perspective currently dominates the research landscape, with studies on trademark deposits and the trademark-innovation link to follow. At the same time, there is still relatively little known about the micro-foundations of a firm's trademarking behaviour; the complementary use of trademarks and other intellectual property rights, including its effect on value transference; and the performance implications of different trademark strategies. This essay accounts for these and other findings to outline directions for future research. The second essay focuses on the managerial aspects of intellectual property strategy. Often scholars refer to intellectual property protection as an auxiliary concept that assists in building up or proving an argument about the innovation process. By contrast, this research focuses on intellectual property strategy per se, placing specific emphasis on its managerial dimension. It adopts the upper echelons approach to examine the extent to which CEO characteristics contribute towards the variance in patent and trademark applications. Guided by the resource-based view of the firm, it suggests three areas of resource expertise – legal, scientific, and business – each of which is likely to have a distinct influence on how the chief executive perceives and subsequently responds to intellectual property issues. This proposition is further extended by incorporating the possession of general skills and the moderating role of proactive personality in the overall conceptual framework. The empirical analysis of a sample of 848 CEOs in 261 U.S. publicly-traded companies over the period 1992-2013 generally confirms the contention that executive characteristics are an important determinant for predicting the outcomes of intellectual property strategy. As such, the study reinforces the ongoing academic debate on the need to account for the managerial aspect when considering the strategic decision processes. The third essay offers an extensive analysis of how executive demography affects differentiation strategy. Previous studies of competitive strategy have provided some support for aligning CEO personality traits with product differentiation. This essay suggests further refinement of these findings and extends them by considering a wider range of managerial characteristics proposed in subsequent research. By integrating the upper echelons perspective with the hierarchical view of strategy, this work also draws attention to channels through which chief executives influence organisational outcomes. It particularly argues that along with direct involvement, decisions made by the CEO regarding corporate strategy will affect the extent of product differentiation, too. The empirical testing is based on a sample of 821 chief executives in 259 U.S. publicly traded companies over the period 1992-2013. Using trademarks to measure product differentiability, this research has demonstrated that executive tenure, age, education, functional experience, monetary incentives, CEO duality, and the founder and owner statuses – all this is statistically significant for explaining variations in differentiation strategy across companies, even after when firm and industry-specific effects are controlled for. Furthermore, it has also been shown that chief executives leverage different characteristics, depending on the type of involvement and the strategy level at which they make decisions. By confirming CEO biases that guide product differentiation, this research also contributes to the broader discussion on the importance of accounting for human interpretation in the strategy making process.
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Bernier, Louise 1975. "Justice in genetics : intellectual property and human rights from a cosmopolitan liberal perspective." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=103148.
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Genetics is one sector in which there has been tremendous evolution and progress over the last few decades. While it is believed that genetics could offer tremendous opportunities for global health improvement, there is also a fear that existing global health inequalities will be amplified by the evolution of genetics.It thus appears necessary to analyse the way current assumptions define what is just and acceptable with regard to global access and distribution of resources in this field. Indeed, given the importance of genetics to human health globally, this thesis will evaluate two principal legal regimes---intellectual property and international human rights---to determine to which extent they further the goal of distributing the benefits of these technologies equitably and globally. This evaluation is vital to ensure that legal regimes assist in ensuring that this promising field develops in a way that improves global health without leaving the most vulnerable outside of the process. This dissertation will undertake this complex task by employing and building upon cosmopolitan liberal theories developed over the few last decades as an extension of the work of Rawls and Daniels.
A theoretical framework to justify engaging in a global and more equitable redistribution of benefits produced by genetics is required. Ultimately, our analysis will produce strong normative benchmarks based on justice considerations for engaging in a global and more equitable redistribution of the benefits likely to emerge from genetic science. Universal consideration of all human beings, importance of health needs, normal functioning and equality of opportunities are some of the notions that will be analysed to construct this framework. We will then attempt to determine how and if this theory of distribution translates into positive law and to identify and analyse the main obstacles to legal compliance with global distributive justice. We will assess two main international normative systems: intellectual property law and human rights law to determine if their underlying philosophy, structure, and functioning take account of the principles highlighted in our theoretical framework and how underlying politics and economics matter.
This will set out a basis for further discussion on how we could work around some of the major obstacles identified throughout our analysis. It will also help us move from the vague and often symbolic ideal of benefit sharing actually prevailing toward the establishment of a real, enforceable concept of global benefit sharing in health that would position genetics at the rank of essential tool for achieving global health.
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Delgado, Barreto César. "Main inclusions and general and property modifications to the Book X: International Private Law." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/110008.
Full textAbstract:
International Private Law has gone through several changes and modifications, in step with the globalization phenomenon, for whichthe relations between citizens of different countries have become more frequent and complex. In that regard, it is necessary to ask how International Private Law should react tobe in accordance with the new scenarios.In this article, the author examines the general and patrimonial aspects of International Private Law that he considers must be redefined, comparing the current dispositions of the Peruvian Civil Code with international regulations and national reform projects, and introducing a modification proposal for each topic.El Derecho Internacional Privado ha venidosufriendo diversos cambios y modificaciones, al ritmo del fenómeno de la globalización, porel cual las relaciones entre los ciudadanos dediversos países se han ido haciendo más frecuentes y complejas. En ese sentido, es necesario preguntarse cómo debe reaccionar el Derecho Internacional Privado para estaracorde a los nuevos escenarios.En el presente artículo, el autor hace un recorrido por los aspectos generales y patrimoniales del Derecho Internacional Privado que considera deben ser replanteados, comparando las normas del Código Civil vigentes con las normas internacionales y los proyectos de reforma nacionales, y presentando para cadatema una propuesta de modificación.
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Musole, Maliti. "Land policy and the urban land market in Zambia : property rights, transaction costs, and institutional change." Thesis, University of Glasgow, 2007. http://theses.gla.ac.uk/4951/.
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This study examines, comparatively, the effects of Zambia's post-colonial (1975 and 1995) land policy reforms on the urban land market transactions. It focuses on land delivery, land transfer and exchange, and land valuation and pricing. The central thesis of the study is that land policy reforms matter even for the urban land market. Proceeding from this premise, the study conceptualises the effects of land policy on the land market as one set of institutions (namely, land policy reforms) modifying or radically restructuring (and, hence, impacting on) the other set of institutions (viz. property rights and the land market generally). Grounded in the new institutional economics approach, the conceptual framework focuses on property rights, transaction costs and institutional change. The philosophical framework is post-positivist. Methodologically, the research design is largely qualitative and employs a multiple data collection and analysis strategy. Central to this methodological approach are the concepts of critical multiplism and triangulation. The overall research findings suggest, overwhelmingly, that land policy reforms matter to urban land market transactions. More specifically, the study finds that, in so far as land delivery is concerned, both the 1975 and 1995 reforms had a similar detrimental impact. However, their effects differed markedly in specific areas with regard to land transfer and exchange, on the one hand, and land valuation and pricing, on the other. In patticular, the latter reforms were less pernicious than the former. Consequently, the study recommends land policy reforms that minimise the policy-generated detrimental effects identified in the land market operations. The effects in question naturally revolve around property rights and transaction costs.
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Matsumura, Noriomi. "Oncogenic property of acrogranin in human uterine leiomyosarcoma : direct evidence of genetic contribution in in vivo tumorigenesis." Kyoto University, 2007. http://hdl.handle.net/2433/135712.
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Carmosino, Cinzia. "“One, No One and One Hundred Thousand”. The legal notion(s) of cultural property." Thesis, IMT Alti Studi Lucca, 2015. http://e-theses.imtlucca.it/169/1/Thesis_CARMOSINO.pdf.
Full textAbstract:
Although the protection of cultural property has been acknowledged as a paramount need in the majority of legal systems, a single and internationally agreed upon notion of cultural property still does not exist. Currently, each legal instrument at the international, supranational and domestic level adopts a different definition, which is specifically tailored to suit its own purposes according to the different interests at stake.
Through a crosscutting analysis of the definitional techniques and criteria used to identify the object of legal protection, this research demonstrates how the notion(s) of cultural property may vary, determines which factors primarily promote this elasticity and delves into the practical implications on the regime of protection.
The overall purpose is to show why the legal notion of cultural property is important and to question about whether or not it is desirable to have one general definition suitable for a variety of contexts.
In this respect, the research is divided in five chapters. Chapter I explores the terminology issue, revisiting the key concepts that often appear in legislation and literature, and draws attention to the functionality of the notion, seeking to highlight the multiplicity of interests that are involved. Chapter II provides an overview of the historical and normative evolution of the notion in the last sixty years within the international and supranational framework. Chapter III investigates the main legal techniques and criteria used to identify the eligible property, drawing on some of the most relevant definitions as formulated in international conventions, supranational agreements and domestic legislations as illustrative examples. Through the analysis of three case studies, Chapter IV examines some of the issues that might be raised by the adoption and the implementation of a given definition of cultural property. These findings will be ultimately used in the Conclusions to raise a more general reflection about the legal notion of cultural property, its limits and possible frontiers, as well as to highlight its main practical implications.