Dissertations / Theses: 'Indigenous intellectual property rights'

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Monngakgotla, Oabona C. "Policy makers knowledge and practices of intellectual property rights on indigenous knowledge systems in Botswana." Pretoria : [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-07222008-123004/.

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Anderson, Jane Elizabeth Law Faculty of Law UNSW. "The production of indigenous knowledge in intellectual property law." Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.

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The thesis is an exploration of how indigenous knowledge has emerged as a subject within Australian intellectual property law. It uses the context of copyright law to illustrate this development. The work presents an analysis of the political, social and cultural intersections that influence legal possibilities and effect practical expectations of the law in this area. The dilemma of protecting indigenous knowledge resonates with tensions that characterise intellectual property as a whole. The metaphysical dimensions of intellectual property have always been insecure but these difficulties come to the fore with the identification of boundaries and markers that establish property in indigenous subject matter. While intellectual property law is always managing difference, the politics of law are more transparent when managing indigenous concerns. Rather than assume the naturalness of the category of indigenous knowledge within law, this work interrogates the politics of its construction precisely as a ???special??? category. Employing a multidisciplinary methodology, engaging theories of governmental rationality that draws upon the scholarship of Michel Foucault to appreciate strategies of managing and directing knowledge, the thesis considers how the politics of law is infused by cultural, political, bureaucratic and individual factors. Key elements in Australia that have pushed the law to consider expressions of indigenous knowledge in intellectual property can be located in changing political environments, governmental intervention through strategic reports, cultural sensitivity articulated in case law and innovative instances of individual agency. The intersection of these elements reveals a dynamic that exerts influence in the shape the law takes.

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Emett, Raewyn Anne. "The Politics of Knowledge and the Reciprocity Gap in the Governance of Intellectual Property Rights." The University of Waikato, 2007. http://hdl.handle.net/10289/2569.

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ABSTRACT This study examines the politics of knowledge benefit-sharing within the re-regulatory framework of the Trade-related Intellectual Property Rights (TRIPS) Agreement which entered into force in 1995 under the auspices of the World Trade Organisation (WTO). The thesis argues that TRIPS both represents a mainstream legal mechanism for states and organisations to govern ideas through trade, and is characterised by a commercial direction away from multilateralism to bilateralism. In its post-implementation phase, this situation has seen the strongest states and corporations consolidate extensive markets in knowledge goods and services. Through analyses of the various levels of international and national governance within the competitive knowledge structure of international political economy (IPE), this study argues that the politicisation of intellectual property has resulted in the dislocation of reciprocity from its normative roots in fairness and trade equity. In conducting this enquiry the research focuses on the political manifestations of intellectual property consistent with long-standing epistemic considerations of reciprocity to test the extent to which the intrinsic public good value of knowledge and its importance to human societies can be reconciled with the privatisation of public forms of knowledge related to discoveries and innovations. This thesis draws on Becker's virtue-theoretic model of reciprocity premised on normative obligations to social life to ground its claim that an absence of substantive reciprocal requirements capable of sustaining equivalent returns and rewards is detrimental, both theoretically and practically, to the intrinsic socio-cultural foundation and public good value of knowledge. The conceptual framework of reciprocity defined and developed in this study challenges the materialist controlling authority and proprietary ownership vested in intellectual property law. A new conceptual approach proposed through reciprocity, and provoked by on-going debates about IP recognition, knowledge protection, access and distribution is advanced to counter strengthened and expanded IPRs. Theories of knowledge and property drawn from political philosophies are employed to test whether reciprocity is sufficiently robust enough, or even capable of, encompassing the gap between capital and applied science. This thesis argues that hyper-capitalism at global, national and local levels, accompanied by the boundless accumulation of technology, closes down competition both compromising IP as private rights and the viability of their governance. The political implications of the protection and enforcement of private rights through IP is examined in two key chapters utilising empirical data in relation to traditional knowledge (TK) and reciprocity; the first sets the parameters of TK and the second explores aspects of Māori knowledge systems and reciprocity directed at identifying national and local issues of significance to the debates on IP governance. As a viable direction for knowledge governance this thesis concludes that the gap between the re-regulatory trade framework of intellectual property on the one hand, and reciprocity on the other, requires closing to ameliorate the detrimental disruptions to democratic integrity, fairness and trade equity for significant numbers of communities and peoples around the world.

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Evans, Sally Irene. "Knowledge as commodity and energetic gift : indigenous medical practices and intellectual property rights in the Ecuadorian Amazon." Thesis, University of Liverpool, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.494169.

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This thesis examines the relationship between the commodification of indigenous knowledge on one hand and the inalienability of forms of indigenous knowledge that I term energetic gifts on the other hand in order to further scholarly discussion about intellectual property rights and indigenous people. I explore this relationship through the medium of Ecuadorian Amazonian indigenous medical knowledges and intellectual property rights. The arena of intellectual property rights gives rise to various positions, the extremes of which are: indigenous people need to participate in the commodification of knowledge in order to benefit from and protect their medicinal knowledge, or, conversely, commodification is an imposition of alien values and a continuance of colonialism. I argue that current intellectual property rights are unsuitable for indigenous medical knowledge.

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Ombella, John S. "Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8927_1213866323.

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This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and non-commercialization. It was thus centered on the emphasis that, while the African countries are still insisting on the need to have amendments done to the TRIPS Agreement, they should also establish regulations in their domestic laws to protect traditional knowledge from being pirated. This emphasis was mainly raised at this time due to the wide spread of bio-piracy in African local societies by the Western Multinational Pharmaceutical Corporations.

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Esan, Olajumoke Ibironke. "The relevance for sustainable development of the protection of intellectual property rights in traditional cultural expressions." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1579_1297941616.

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This research work addresses the problem being faced by developing countries in the commercial exploitation of their traditional cultural expressions (TCEs) by third parties without giving due attribution to nor sharing benefits with the communities from which these TCEs originate. This problem stems from the inability of customary law systems which regulates life in such communities to adequately cater for the protection of these TCEs. The legal systems of the developing countries have also proven to be ineffective in the protection of TCEs from such misappropriation and unauthorized commercial exploitation. This mini-thesis examines how TCEs have been protected domestically through national legislation and internationally through treaties and proposes means by which they can be protected in a manner that would preserve them, while promoting the dissemination of those which can be shared without destroying their inherent nature. This mini-thesis thus explores avenues through which the protection of TCEs would contribute to economic and human development in developing countries.

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Pokhrel, Lok Raj. "Appropriation of Yoga and Other Indigenous Knowledge & Cultural Heritage: A Critical Analysis of the Legal Regime of Intellectual Property Rights." restricted, 2009. http://etd.gsu.edu/theses/available/etd-07092009-145552/.

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Thesis (M.A.)--Georgia State University, 2009.
Title from file title page. Gregory C. Lisby, committee chair; Kathryn Fuller-Seeley, Svetlana V. Kulikova, committee members. Description based on contents viewed Feb. 22, 2010. Includes bibliographical references (p. 158-167).

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Msomi, Zuziwe Nokwanda. "The protection of indigenous knowledge within the current intellectual property rights regime: a critical assessment focusing upon the Masakhane Pelargonium case." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1007744.

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The use of indigenous knowledge (IK) and indigenous bio-resources by pharmaceutical and herbal industries has led to concerns about the need to protect IK in order to prevent biopiracy and the misappropriation of indigenous knowledge and resources. While some commentators believe that intellectual property rights (IPR) law can effectively protect IK, others are more sceptical. In order to contribute to the growing debate on this issue, this study uses the relatively new and as yet largely critically unanalysed Masakhane Pelargonium case to address the question of whether or not IPR law can be used to effectively protect IK. It is argued here that discussion about the protection of IK is a matter that must be located within broader discussions about North-South relations and the continued struggle for economic and political freedom by indigenous people and their states. The Masakhane case suggests that IPR law in its current form cannot provide sufficient protection of IK on its own. Incompatibilities between IPR law and IK necessitate that certain factors, most important of which are land, organised representation, and what are referred as 'confidence and network resources', be present in order for IPR law to be used with any degree of success. The study also reveals various factors that undermine the possibility of using IPR law to protect IK. In particular, the study highlights the way in which local political tensions can undermine the ability of communities to effectively use IPR law to protect their knowledge. The thesis concludes with several recommendations that will enable indigenous communities and their states to benefit more substantially from the commercialisation of their bio-resources and associated IK.

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Joelle, Dountio Ofimboudem. "The protection of traditional knowledge: challenges and possibilities arising from the protection of biodiversity in South Africa." University of the Western Cape, 2011. http://hdl.handle.net/11394/2887.

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Magister Legum - LLM
Traditional Knowledge (TK) is the long standing wisdom, teachings and practices of indigenous communities which have been passed on orally, in the majority of cases, from generation to generation. TK is expressed in the form, medicine, agriculture, understanding of the ecology, music, dance, stories, folklore, poetry, spiritual, cultural and artistic expressions, and knowledge relating to bio-diversity. This thesis focuses on plant bio-diversity, as part of TK, and the problem of bio-piracy. We attempt a definition of TK; its characteristics; possible measures that can be taken to ensure its protection; and challenges that are likely to be faced in seeking to ensure its protection, first at the global level, then with particular attention to South Africa. Some of the suggested measures include the enactment of sui generis laws to protect plant biodiversity, rather that the adaptation of the existing IP regime. Some of the challenges include unwillingness of some countries to participate in international initiatives, like the US, which is not even a signatory of the CBD, and the difficulty of identifying the persons in whom ownership of the TK should be vested when it is possessed by many communities. This issue is a very sensitive one because there have been numerous cases of bio-piracy in developing countries perpetrated by corporations from industrialised countries. Some of the notable examples of bio-piracy include; The Neem tree from India whose products are used in medicine, toiletries and cosmetics; the Ayahuasca a vine used in India for religious and healing ceremonies; the Asian Turmeric plant used in cooking, cosmetics and medicine, the Hoodia Cactus plant in the Kalahari Desert of southern Africa used by the San people to stave off hunger. These instances have given rise to increased talks about the necessity of a law on the protection of TK relating to bio-diversity in general at the international, regional and national levels. The World Intellectual Property Organisation (WIPO) is working on enacting measures to ensure the protection and conservation of TK at the international level; in 2002 it created nine fact finding commissions on TK in general. These fact finding missions on TK innovation and creativity were undertaken with the intention of seeking possibilities of protecting the intellectual property rights of TK holders. In 2002, The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) was created to continue with this task. The 1993 Convention on Biodiversity (CBD) encourages States to enact measures to implement its provisions on the protection of knowledge, innovations and practices of indigenous and local communities. This trend in protection of TK relating to biological resources has been followed by the Nagoya Protocol of October 2010. The World Trade Organisation (WTO) also makes mention of protecting plant varieties. The research suggests that one could use both Intellectual Property Rights and Sui Generis measures to address and secure protection of TK, and provide compensation to holders for the use of the intellectual property.
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Fitch, Michelle L. "Native American Empowerment Through Digital Repatriation." Digital Commons @ East Tennessee State University, 2013. https://dc.etsu.edu/etd/2291.

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Following the Enlightenment, Western adherence to positivist theory influenced practices of Western research and documentation. Prior to the introduction of positivism into Western scholarship, innovations in printing technology, literary advancements, and the development of capitalism encouraged the passing of copyright statutes by nation-states in fifteenth century Europe. The evolution of copyright and positivism in Europe influenced United States copyright and its protection of the author, as well as the practice of archiving and its role in interpreting history. Because Native American cultures practiced orality, they suffered the loss of their traditional knowledge and cultural expressions not protected by copyright. By incorporating postmodern perspectives on archiving and poststructuralist views on the formation of knowledge, this thesis argues that Native American tribes now use Western forms of digital technology to create archives, record their histories, and reclaim control of their traditional cultural expressions.

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Myers, Robert A. "Intellectual Property Rights in Japan." MIT Japan Program, 1998. http://hdl.handle.net/1721.1/7542.

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Norain, Ismail. "Intellectual property rights for nanotechnology." Thesis, University of Newcastle upon Tyne, 2012. http://hdl.handle.net/10443/1627.

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The purpose of this study is to examine intellectual property (IP) protection for nanotechnology, comparing the laws of Malaysia with those of the United Kingdom (as a member of the European Union and European Patent Convention). As well as analysing current primary and secondary legal sources, a small number of discrete interviews were conducted with key nanotechnology scientists in Malaysia and the United Kingdom to ascertain the nature and development of nanotechnology in the jurisdictions under study and to explore the experts’ perceptions of IP laws, including the pattern of protection that might be expected as the technology matures. This study argues that current intellectual property rights are appropriate to govern nanotechnology creations, so that there is no need to devise a new form of IP right for nanotechnology. The emphasis in the IP literature to date has been on patent law, but this study argues that the law of breach of confidence is also very significant, despite difficulties presented by the technology. Furthermore, from qualitative empirical and doctrinal evidence, other forms of IP protection may be applicable to some extent. This study also investigates the current term protection of different forms of IP which may be relevant to nanotechnology, including the possible application of Supplementary Protection Certificates to allow for the time taken by nanotechnology products to enter the market. Finally, some recommendations are made for both Malaysia and the United Kingdom to protect nanotechnology appropriately.

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Bhattacharya, Raja. "Intellectual property rights in outer space." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78203.

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Private entities, investing billions of dollars, as a matter of reasonable commercial corporate expectations, want to be protected against undue use, exploitation and copying of their technology and inventions which they have put into their space ventures (often termed as 'theft') by any third party. States, to secure an environment friendly to such generation, use and transfer of intellectual property rights (IPRs) in outer space, have initiated applying and/or extending their national IP laws into outer space either in form of a statute or a multilateral agreement. This may have both commercial and political significance.
This thesis deals with IP issues in international perspective (with reference, however, to some leading national IP legislation when and where it is necessary) with special reference to the contemporary legal regime governing outer space. While emphasizing the existing legal regime relating to IPRs in outer space, it explores the possibility of commercial exploitation of IPRs made in space and on ground through the existing international trade system. The increasing importance of cooperation between the World Intellectual Property Organization and World Trade Organization in this regard is also examined, against the back drop of space activities and the outer space legal regime relating to IPRs. (Abstract shortened by UMI.)

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Hackett, Petal Jean. "Essays on intellectual property rights policy." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7934.

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This dissertation will take a theoretical approach to analyzing certain challenges in the design of intellectual property rights (`IPR') policy. The first essay looks the advisability of introducing IPR into a market which is currently only very lightly protected - the US fashion industry. The proposed Innovative Design Protection and Piracy Prevention Act is intended to introduce EU standards into the US. Using a sequential, 2-firm, vertical differentiation framework, I analyze the effects of protection on investment in innovative designs by high-quality (`designer') and lower-quality (`mass-market') firms when the mass-marketer may opt to imitate, consumers prefer trendsetting designs and firms compete in prices. I show that design protection, by transforming mass-marketers from imitators to innovators, may reduce both designer pro ts and welfare. The model provides possible explanations for the dearth of EU case law and the increase in designer/mass-marketer collaborations. The second essay contributes to the literature on patent design and fee shifting, contrasting the effects of the American (or `each party pays') rule and English (or `losing party pays') rule of legal cost allocation on optimal patent breadth when innovation is sequential and firms are differentiated duopolists. I show that if litigation spending is endogenous, the American rule may induce broader patents and a higher probability of infringement than the English rule if R&D costs are sufficiently low. If, however, R&D costs are moderate, the ranking is reversed and it is the English rule that leads to broader patents. Neither rule supports lower patent breadth than the other over the entire parameter space. As such, any attempts to reform the US patent system by narrowing patents must carefully weigh the impact on firms' legal spending decisions if policymakers do not wish to adversely affect investment incentives. The third and final essay analyzes the effects of corporate structure on licensing behaviour. Policymakers and legal scholars are concerned about the potential for an Anticommons, an underuse of early stage research tools to produce complex final products, typically arising from either blocking or stacking. I use a simple, one-period differentiated duopoly model to show that if patentees have flexibility in corporate structure, Anticommons problems are greatly reduced. The model suggests that if the patentee owns the single (or single set) of essential IPR and goods are of symmetric quality, Anticommons issues may be entirely eliminated, as the patentee will always license, simply shifting its corporate structure depending on the identity of the downstream competitor. If the rival produces a more valuable good, Anticommons problems are reduced. Further, if the patentee holds 1 of 2 essential patents, the ability to shift its corporate structure may reduce total licensing costs to rival firms. However the analysis offers a cautionary note: while spin-offs by the patentee help to sustain downstream competition, they may restrict market output, and therefore welfare. Thus the inefficiency in the patent system may be in the opposite direction than is currently thought - there may be too much technology transfer, rather than too little.

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Adegoke, Sope. "Intellectual Property Rights in Sub-Saharan Africa." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/289.

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Globalization of the world economy has made knowledge a critical element of effectiveness in the world economy. Current economic and trade conditions change rapidly and require constant improvement to ensure economic development. These conditions stimulate innovation and improvements in technology, designs, and other tangible and intangible assets. Most Sub-Saharan African countries have not exploited the benefits that intellectual property rights offer to its users, despite considerable improvements to existing knowledge and options for protecting knowledge. Strong intellectual property laws are important for effective incentives to invent continuously. It is important to provide some form of compensation and guarantee that their innovation is credited to them. This is achieved through the establishment of intellectual property rights. Intellectual property rights have far-reaching effects on several sectors of the economy, such as trade, manufacturing, and other industries. Intellectual property rights policies are therefore, important for economic development.

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Berger, Stefan. "Regulation of intellectual property rights and trade." Doctoral thesis, Universitat Pompeu Fabra, 2010. http://hdl.handle.net/10803/7591.

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This thesis consists of three essays on the regulation of Intellectual Property Rights (IPRs) and trade in open economies. The rst chapter investigates the di erences in Intellectual Property Rights between countries. The analysis of a cross-country panel reveals that the protection of IPRs is higher in countries that are (i) richer, (ii) more productive in R&D and (iii) more open to trade. It is then shown that the rst two facts can be explained in a model where innovations are a global public good and where demand for innovations is non-homothetic in income. The second chapter addresses the third observation. If trade is driven by large di erences in productivities across countries and sectors then having strong IPR protection can become more bene cial for the individual country, since a part of the associated costs are passed onto the trading partners. The third chapter aims to explain why and when countries link agreements on trade with agreements that regulate the provision of global public goods. It shows that a linkage is particularly attractive if countries are di erent in size.

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Trerise, Jonathan. "A justified system of intellectual property rights." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/4788.

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Thesis (Ph. D.)--University of Missouri-Columbia, 2007.
The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on December 14, 2007) Vita. Includes bibliographical references.

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Ang, Steven. "The moral dimensions of intellectual property rights." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9008.

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The Moral Dimensions of Intellectual Property Rights explores the various aspects of IPRs in which moral evaluation and claims play a role. According to R M Hare, moral concepts and reasoning are characterized by the universalization of prescriptions. Universalization links the various dimensions in a way that rationally forces us to revise the moral basis of the various claims we make for, about and of IPRs, and ultimately provides grounds for their reform. The method of reflective equilibrium is focused in the first place on Hare’s meta- ethics, to derive a reformulation which is herein called fundamental prescriptivism. This requires a foundational set of moral principles to work. Our expectation that moral principles and values must serve to guide us, and resolve conflict between us, with objective rational force, provides the basis for adopting such a set of fundamental prescriptions. These sum up in the equal right to freedom and well- being as the ultimate basis for moral evaluation of our institutions. An implication of this right is that property in IPR systems must be balanced with participation rights (moral and legal) of the public to a public domain which allows individuals to have access to, and use, objects of intellectual property. When, in seeking reflective equilibrium, this is applied to the various aspects of IPRs, the result is an exploration of the inter-connectedness of following: justification of IPRs based on this equal right to freedom and well-being; explanation of the function of, and justification for, the presence of moral concepts and terms in national and international IPR rules; the commitments implied by use of these moral ideas for our obligations in respect of the way we enjoy, exploit and enforce our IPRs, and, ultimately, our duty to reform of IPRs in ways that respects the participation rights implied by this principle.

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Yu, Yudong. "Intellectual property rights and the game industry." Thesis, University of Manchester, 2017. https://www.research.manchester.ac.uk/portal/en/theses/intellectual-property-rights-and-the-game-industry(029fbc50-7a2c-4434-96ec-5abfc42cd341).html.

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This thesis analyses how intellectual property (IP) laws are used in the home console game industry and in particular how these laws are used to capture the returns on investment, which may indirectly provide a stimulus to innovation. The relationshipis evaluated in three selected markets: The United States (US), the European Union (EU) and People's Republic of China (PRC). The first two of these are selected as representative of developed markets whilst the latter as an instance of an emerging market. This thesis analyses and illustrates ways in which three major types of intellectual property rights - patents, copyright and trademarks - operate in this sector of industry. This thesis evaluates this relationship via a unique approach, adopting both a legal and economic analysis. The thesis starts with a detailed market analysis of this industry to identify key factors that affect individual firms' abilities to capture returns on investment. This is followed by section II (comprising Chapters II to IV) which goes on to examine the effects of each type of IPR on these factors in the developed markets of the US and Europe. The analysis in section III shifts the focus from these developed markets to the emerging market in the PRC. It identifies the unique attributes and problems of the Chinese market and demonstrates how contemporary local IP laws can be used to tackle these problems. It is the view of this thesis that IP laws theoretically can be used to maximise a firm's return on investment while not distorting competition; hence, the thesis suggests that IPRs may indirectly create incentives to innovate.

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Smith, Ailsa Lorraine. "Taranaki waiata tangi and feelings for place." Lincoln University, 2001. http://hdl.handle.net/10182/2137.

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The occupation of Moutoa Gardens in 1995 highlighted efforts by Whanganui iwi to draw attention to the non-settlement of long-standing land grievances arising out of land confiscations by the Crown in New Zealand in the 1860s. Maori attitudes to land have not been well understood by successive New Zealand governments since that time, nor by many Pakeha New Zealanders. In an effort to overcome that lack of understanding, this thesis studies a particular genre of Maori composition; namely, waiata tangi or songs of lament, which contain a strong indigenous sense of place component. The waiata used in this study derive from my tribal area of Taranaki, which is linked historically and through whakapapa with Whanganui iwi. These waiata were recorded in manuscript form in the 1890s by my great-grandfather Te Kahui Kararehe, and are a good source from which to draw conclusions about the traditional nature of Maori feelings for place. Two strands run throughout this thesis. The first examines the nature of Maori feelings for place and land, which have endured through primary socialisation to the present day. By focusing upon a form of expression that reveals the attachment of Maori towards their ancestral homelands, it is hoped that the largely monocultural Pakeha majority in New Zealand will be made aware of that attachment. It is also hoped that Pakeha may be suitably informed of the consequences of colonialist intervention in the affairs of the Maori people since 1840, which have resulted in cultural deprivation and material disadvantage at the present day. In the current climate of government moves to address the problems bequeathed them by their predecessors, it is important that the settlement of land claims and waterways under the Treaty of Waitangi should proceed unhindered by misapprehension and misinformation on the part of the public at large. The second strand of my thesis concerns the waiata texts themselves, which I wish to bring to the attention of the descendants of the composers of those waiata, who may or may not know of their existence. Since so much of value has been lost to the Maori world it is important that the culturally precious items that remain should be restored as soon as possible to those to whom they rightfully belong. Key themes examined in this thesis are the nature of Maori "feelings" for place and a "sense" of place; Maori research methodologies and considerations, including Maori cosmology and genealogical lines of descent; ethical concerns and intellectual property rights; ethnographic writings from the nineteenth century which tried to make sense of Maori imagery and habits of thought; the Kahui Papers from which the waiata were drawn; and the content and imagery of the waiata themselves. I also discuss the use of hermeneutics as a methodological device for unlocking the meanings of words and references in the waiata, and present the results both from a western sense of place perspective and a Maori viewpoint based on cultural concepts and understandings.

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Breske, Ashleigh M. L. "Politics of Repatriation: Formalizing Indigenous Cultural Property Rights." Diss., Virginia Tech, 2018. http://hdl.handle.net/10919/96766.

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This project will be an empirical study into repatriation as a political practice. This theoretically-oriented project investigates how institutions and cultural values mediate changes in the governance of repatriation policy, specifically its formalization and rescaling in the United States. I propose a critical approach to understanding repatriation; specifically, I will draw together issues surrounding museums, repatriation claims, and indigenous communities throughout the development of the Native American Graves Protection and Repatriation Act (NAGPRA) in 1990 and current repatriation policy. The interdisciplinary academic narrative I build will explore practices of repatriation and how it relates to the subject of indigenous cultural rights. Using the University of Pennsylvania Museum of Archaeology and Anthropology in Philadelphia, PA and the Field Museum of Natural History in Chicago, IL as models for the repatriation process, I will show the historic political tensions and later attempts to repatriate culturally significant objects and human remains in the United States. By examining entrenched discourses prior to NAGPRA and what changed to allow a new dominant discourse in the debates over repatriation claims, I will show that culturally-structured views on repatriation and narratives surrounding indigenous cultural property were transformed. By examining ownership paradigms and analyzing discourses and institutional power structures, it is possible to understand the ramifications of formalizing repatriation. The current binary of cultural property nationalism/cultural property internationalism in relation to cultural property ownership claims does not represent the full scope of the conflict for indigenous people. Inclusion of a cultural property indigenism component into the established ownership paradigm will more fully represent indigenous concerns for cultural property. Looking at the rules, norms and strategies of national and international laws and museum institutions, I will also argue that there are consequences to repatriation claims that go beyond possession of property and a formalized process (or a semi- formalized international approach) can aid in addressing indigenous rights. I will also ask the question, does this change in discourse develop in other countries with similar settler colonial pasts and indigenous communities, i.e. in Canada, New Zealand, Australia? My work will demonstrate that it does. Essentially, the repatriation conversation does not immediately change in one country and then domino to others. Instead, it is a change that is happening concurrently, comparative to other civil rights movements and national dialogues. The cultural and institutional shifts demanding change appear to have some universal momentum. The literatures to which this research will contribute include: museum studies, institutional practices, material cultural and public humanities, and indigenous right.
PHD

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Schroeder, Jeffrey S. "Right grantors and right seekers : a theory for understanding the comparative development of intellectual property rights /." view abstract or download file of text, 2001. http://wwwlib.umi.com/cr/uoregon/fullcit?p3004002.

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Thesis (Ph. D.)--University of Oregon, 2001.
Typescript. Includes vita and abstract. Includes bibliographical references (leaves 260-272). Also available for download via the World Wide Web; free to University of Oregon users.

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Tomkowicz, Robert Jacek. "Crossing the Boundaries: Overlaps of Intellectual Property Rights." Thèse, Université d'Ottawa / University of Ottawa, 2011. http://hdl.handle.net/10393/20149.

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Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

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Birmingham, Robert B. "Intellectual property rights in software acquired by DoD." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1995. http://handle.dtic.mil/100.2/ADA305992.

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Breimelyte, Jurate. "Open Biobanks. Reframing intellectual property rights in biobanking." Doctoral thesis, Universitat Autònoma de Barcelona, 2018. http://hdl.handle.net/10803/664270.

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Esta tesis se enfrentó al reto de resolver la cuestión sobre si los derechos de propiedad intelectual creados por los biobancos pueden gestionarse más abiertamente para garantizar la distribución equitativa del conocimiento y las mejoras de la investigación genética. Se propone fomentar que los biobancos usen licencias más abiertas en sus obras protegidas por derechos de autor, bases de datos e inventos patentados. Para facilitar la transferencia de conocimiento entre biobancos y garantizar que la investigación genética mejore, se realiza una reflexión sobre la aplicación de licencias abiertas. La tesis describe el modelo de intercambio colectivo y apoya la posibilidad de usar derechos de propiedad intelectual de forma no restrictiva. La tesis también propone el uso del consentimiento informado amplio en las actividades de los biobancos. Un consentimiento informado amplio garantizaría el equilibrio adecuado entre los derechos individuales y el derecho de los biobancos de compartir la información recogida, especialmente, porque existen incentivos para tratar la genética humana como patrimonio común. El consentimiento abierto puede usarse en las actividades del biobanco para garantizar que los tejidos no permanecen sin uso. Este tipo de consentimiento puede asegurar el máximo valor de los tejidos biológicos recogidos. Si las muestras recogidas no están restringidas a un solo uso o a una sola investigación, podemos esperar que otros estudios lleven a cabo investigaciones sobre las mismas muestras y se presente información científica más amplia y relevante.
This thesis faced the challenge of answering the question if intellectual property rights that are created by the biobanks can be managed more openly to ensure the equitable distribution of knowledge and improvements of the genetic research. The proposal is made to encourage the biobanks to use more broadly open licenses in their copyrighted works, databases and patented inventions. To ease the transfer of knowledge between biobanks and ensure that the genetic research is improving, the reflection to apply open licenses is made. The thesis describes the open sharing model and supports the possibilities to use IP rights in a non-restricting way. The thesis also proposes to use broad informed consent in the biobanks’ activities. Broad informed consent would ensure the right balance between individual rights and biobanks’ need to share collected information, especially, because there are incentives to treat human genetics as a common good. Open consent can be used in the biobank’s activities to ensure that the tissues are not left unutilised. Such form of consent can assure the maximum value of the collected biological tissues. If collected samples are not restricted to the one-time or one-research use, we can expect that other studies perform research on the same samples and the broader scientific information is presented.

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Zhuang, Yuan. "Essays on international outsourcing and intellectual property rights." Diss., Connect to online resource, 2006. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3239441.

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Dutfield, Graham. "The international biotrade, conservation and intellectual property rights." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365657.

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Kenneally, Michael Edward. "Intellectual Property Rights and Institutions: A Pluralist Account." Thesis, Harvard University, 2014. http://dissertations.umi.com/gsas.harvard:11509.

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Debates over intellectual property's justifications tend to treat natural rights and utilitarian accounts as competitors, but they should be seen as complements instead. Lockean and Kantian theories of intellectual property highlight the strong interests that intellectual property creators have in profiting from and exercising some degree of control over their work, but neither theory gives sufficient justification for the full assortment of rights that intellectual property owners have under current law. Utilitarian accounts provide an essential supplement to these natural rights theories by focusing on society's interests in the production of useful information and creative expression, but that does not mean intellectual property law should single-mindedly strive only to maximize social welfare. Developing both natural rights-based and utilitarian justifications, this dissertation advances a pluralist account of intellectual property that understands different features of copyright, patent, and trademark law to be serving different normative interests.
Philosophy

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Ituarte-Lima, C. B. "Negotiating intellectual property rights in the Upper Amazon." Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1302064/.

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This thesis examines Amazonian people’s negotiation of bio-cultural rights, and explores the nexus between people in the field and stakeholders at different national and international levels. It draws primarily on one year of fieldwork conducted in the Upper Amazon; I also build on my experience as a lawyer working on environmental and people’s rights in Mexico. Anthropological and legal approaches to property rights and biotechnology, as well as local and global systems of power and political life inform the analysis. Amazonian people’s positions regarding IPR and bioprospecting are dynamic rather than fixed. They respond more to historical processes including alliances and fragmentation between groups than to definite ideological positions such as do IPR advocates or sceptics. Distinct groups co-exist with different levels of acceptance. Amazonian leaders tend to regard “community” as an external imposition with a colonial origin, in contrast to pueblo (people) considered a more legitimate term. Yet, in practical terms, community remains a relevant social unit appropriated by people in the rainforest. Another finding is the central role that indigenous NGOs based in urban areas play as gatekeepers of Amazonian bio-cultural resources. This thesis challenges certain academic and popular assumptions concerning indigenous people’s IPR. It reveals that the tensions between differentiated forms of intellectual property lie relatively less in the incommensurability between individual (Western) and collective (indigenous) and more in the types of individual and collectives (e.g. corporation) that can become IPR holders. Critical events at the mesolevel trigger the reinterpretation of old categories, and the emergence of sui generis IPR. Conflictive situations can be sources of socio-legal innovation eliciting new ways of thinking about the negotiation of IPR between local, national and international levels.

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Torán, Luis. "Intellectual Property Rights, Open Innovation, and Firm's Environment." Thesis, Högskolan i Gävle, Avdelningen för Industriell utveckling, IT och Samhällsbyggnad, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-17195.

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ABSTRACT Purpose - This thesis analyses, firstly, how the environment affects the use of intellectual property rights (IPRs) in firms. Secondly, the connections between IPRs and firm's openness with regards to partner, phase, and content variety; and lastly, how firm's environment modifies IPRS-firm's openness relationship. Methodology - Based on a survey for R&D managers or similar job positions in 415 Swedish, Finish and Italian manufacturing firms, after obtaining the raw data, the results will be evaluated and discussed in reference to the theoretical framework. Results - The paper displays the correlation between formal IP mechanisms and firm's environment. In this way, the study exposes the common use of this kind of protection, on one hand, to deal with rising development technology costs and shortening product life cycles, and, on the other hand, in a technological environment. In addition, the work exhibits the value of IPRs in early phases and commercialization in the innovation process, regarding the need to acquire knowledge in creation, and safeguard R&D to take profit from it. Finally, the paper establishes a linear correlation that shows as higher environmental dynamism that leads to lower use of IPRs under OI regime. Limitations - This thesis is focused on formal IP protection mechanisms, firm's environment, and firm's openness, without pay attention to informal IP protection ways, which for sure are linked. This analysis is, however a subject for further research. Keywords: Intellectual property Rights, Firm's openness, Firm's environment, Survey.

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Jakobsson, Amanda. "Essays on international trade and intellectual property rights." Doctoral thesis, Handelshögskolan i Stockholm, Institutionen för Nationalekonomi, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-2107.

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Crowther, Sarah Maureen. "Patenting genes : intellectual property rights in human genomics." Thesis, University of Sussex, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313966.

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Harison, Elad. "Software intellectual property rights : economics and policy analysis /." Maastricht : UPM, Universitaire Pers Maastricht, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/511861311.pdf.

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Kiema, Ilkka. "Essays on the economics of intellectual property rights /." [Helsinki] : University of Helsinki, 2008. https://oa.doria.fi/bitstream/handle/10024/42546/essayson.pdf?sequence=1.

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Nie, Jianqiang. "The enforcement of intellectual property rights in China /." London : Cameron May, 2006. http://aleph.unisg.ch/hsgscan/hm00189727.pdf.

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Chou, Teyu. "Essays on intellectual property rights and product differentiation." Diss., Virginia Tech, 1996. http://hdl.handle.net/10919/40318.

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Bernal, Uribe Juan Felipe. "Innovation, intellectual property rights and international knowledge diffusion." Thesis, Toulouse 1, 2012. http://www.theses.fr/2012TOU10029/document.

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Cette thèse étudie l’effet des Droits de Propriété Intellectuelle (DPI) sur l’économie. Elle se sert d’un cadre commun (i.e. un modèle de croissance endogène avec différentiation horizontale) pour modéliser les DPI, identifier les coûts et bienfaits associés à leur mise en œuvre, suggérer un niveau de protection optimal en tenant compte des différences dans la composition des dotations de travail et, finalement, se concentrer sur les implications internationales des politiques tendant à l’unification des systèmes de DPI dans le monde.Le premier chapitre considère une économie fermée. Nous montrons qu’il n’est pas nécessaire que le degré de DPI qui maximise l’utilité pour les travailleurs qualifiés coïncide avec celui des non qualifiés. L’équilibre dans cette économie dépend de sa taille et de la composition du facteur travail. Lorsque le nombre de travailleurs qualifiés est faible par rapport au nombre des travailleurs non qualifiés, une protection totale des DPI bénéficie au travail qualifié en nuisant au travail non qualifié. Ce dernier aurait une utilité supérieure en présence d’une protection plus faible des DPI. Lorsque la taille des deux groupes est similaire, il n’y a plus de conflit d’intérêts : Les deux types de travailleurs préfèrent un régime de DPI qui augmente avec la taille de la population totale.Le deuxième chapitre étend le contenu du premier en incorporant une deuxième économie qui est à la fois plus peuplée et technologiquement supérieure. Le secteur de Recherche et Développement (R&D) domestique bénéficie des connaissances en provenance de l’étranger. Le modèle prédit la convergence du taux de croissance domestique vers le taux de croissance du leader technologique. L’effet positif des DPI est donné par la détermination de « l’écart technologique » entre les deux régions. La protection totale des DPI maximise l’utilité du travail qualifié et, sous certaines configuration des paramètres, du travail non qualifié.Le troisième chapitre introduit le commerce international. Nous considérons deux économies où les travailleurs qualifiés sont hétérogènes en termes de productivité individuelle dans le secteur R&D. Le commerce international requiert le paiement d’un coût fixe pour chaque variété de bien intermédiaire. Il y a deux régions dans le monde : le « Nord » avec une protection totale des DPI, et le « Sud » avec une protection faible. Tout travailleur qualifié dans le secteur R&D fait le choix entre devenir innovateur ou imitateur. Cette modélisation est capable de recréer la domination du Nord dans l’activité d’innovation mondiale, et du Sud dans l’imitation. Un renforcement des DPI dans le Sud se traduit par une redistribution de travailleurs qualifiés hors de l’activité imitative et vers l’innovation. Un nombre plus faible d’imitateurs augmente l’intérêt d’exporter vers le Sud pour les firmes du Nord, ce qui favorise le commerce international
This thesis studies the effects of Intellectual Property Rights (IPRs) on the economy. It makes use of a common framework (i.e. an endogenous growth model with horizontal differentiation) to model IPRs, identify the benefits and the costs associated with their implementation, suggest welfare maximizing levels of IPRs in economies with different compositions of the labor force and, finally, focus on the trade aspects of international policies tending to unify IPRs systems in the world.The first chapter considers a closed economy. We find that the utility maximizing degree of IPRs may or not be the same for skilled and unskilled workers. The equilibrium of the economy depends on its size and composition of the labor force. When skilled workers are scarce relative to unskilled workers, complete enforcement of IPRs benefits skilled workers and harm unskilled workers, which prefer a weaker regime. If the two labor endowments are close enough there is no longer a conflict of interests between the two groups. Both prefer a regime of IPRs that increases with the population size.The second chapter extends the first one to incorporate an additional economy which is larger and technologically more advanced. The R&D sector of the small economy benefits from the knowledge developed abroad. The model predicts convergence in the rate of growth to the one of the technological leader. The positive effect of IPRs comes from the determination of the "technological gap" between the two regions. Complete enforcement of IPRs maximizes utility for skilled labor and, under some parameter configurations, also for unskilled labor.The third chapter allows for international trade. We consider two economies where skilled labor is heterogeneous in productivity within the R&D sector. Trade requires the payment of a fixed cost per variety. There are two regions in the world: the South has weaker IPRs and a less skilled labor than the North. Skilled workers in the R&D sector choose between becoming innovators or imitators. This setup recreates the observable patterns of dominance of the North in innovation, and the South in imitation. Stronger IPRs in the South translate into a reallocation of skilled labor out of imitation and into innovation. Less imitators increase the value of exporting to that region for foreign exporters leading to an increase in world trade

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Lau, Pun-wai Christy. "A review on the effectiveness of the policy on protecting intellectual property rights in HKSAR." Click to view the E-thesis via HKUTO, 2006. http://sunzi.lib.hku.hk/hkuto/record/B36439459.

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Toha, Kurnia. "The struggle over land rights : a study of indigenous property rights in Indonesia /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9627.

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Lo, Shih-tse. "Strengthening intellectual property rights evidence from developing countries' patent reforms /." Diss., Restricted to subscribing institutions, 2005. http://proquest.umi.com/pqdweb?did=953999891&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Samartzi, Vasiliki. "Digital rights management and the rights of end-users." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8642.

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Digital Rights Management systems (DRM) are frequently used by rightsholders in order to protect their works from the, very high indeed, possibility to be copied, altered or distributed without authorisation by users who take advantage of available state-of-the-art copying techniques. Because DRM are legally protected by anti-circumvention legislation both in the United States and in Europe, a debate goes on more than a decade now regarding their impact to the notion of “balance” among copyright stakeholders that traditionally underpinned copyright law. In this context, this study examines, in turn, the philosophical underpinnings of analogue and digital copyright law focusing of copyright exceptions, the development of a notion of a minimum of lawful personal use for the digital environment based on existing copyright exceptions and users’ expectations of personal use, and the impact of the use of DRM and of the introduction of anti-circumvention legislation to this notion. While the European Information Society Directive 2001/29/EC (EUCD) is the main legal instrument analysed and criticised, the role of other Directives is also examined to the extent they address the relationship between lawful personal use and anticircumvention legislation. Legal developments in the United States could not have been absent from this discussion since anti-circumvention legislation was introduced there much earlier than the EUCD and important case-law and legal commentaries have developed since. Following the identification of problems regarding the operation of a minimum of lawful personal use in digital settings, the proposal to introduce a right to engage in self-help circumvention afforded to users of DRM-protected works for Europe is put-forward. Such a right would not undermine rightsholders incentives to offer works online and develop new business models but would acknowledge the users’ interest to interact and tinker with digital works taking full advantage of the new possibilities offered by digitisation.

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Bouvet, Isabelle. "Certain aspects of intellectual property rights in outer space." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq64265.pdf.

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Briggs, Kristie N. Field Alfred J. "Three essays on intellectual property rights in developing countries." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2008. http://dc.lib.unc.edu/u?/etd,1573.

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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2008.
Title from electronic title page (viewed Sep. 16, 2008). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Economics." Discipline: Economics; Department/School: Economics.

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Davis, Tara M. "International intellectual property rights : effectiveness of incentives for enforcement." Virtual Press, 2008. http://liblink.bsu.edu/uhtbin/catkey/1390656.

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In this technological age the distribution of information happens faster and easier than ever before. This ease of transfer of information brings challenges for international intellectual property rights protection. It addresses reasons governments work to increase enforcement and reasons governments do not comply with enforcement protocols. It assesses the pressure international agreements and incentives exert on governments to produce compliance. This paper evaluates 76 countries in three non-consecutive years on their level of enforcement. It includes a discussion of contributing factors to government choice in interaction and enforcement. The question of enforcement incentives is addressed both across time and across countries.
Department of Political Science

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Delicostopoulou, A. "Intellectual property rights as a barrier to world trade." Thesis, University of Exeter, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286577.

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Shank, Cara Elizabeth Holland Dorothy C. "Dis-owning knowledge anarchist intervention in intellectual property rights /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2009. http://dc.lib.unc.edu/u?/etd,2339.

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Thesis (M.A.)--University of North Carolina at Chapel Hill, 2009.
Title from electronic title page (viewed Jun. 26, 2009). "... in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Anthropology." Discipline: Anthropology; Department/School: Anthropology.

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Niwa, Sumiko. "Essays on Intellectual Property Rights Protection and Economic Growth." Kyoto University, 2018. http://hdl.handle.net/2433/232210.

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Tassano, Velaochaga Hebert Eduardo. "The convergence between competition law and intellectual property rights." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116244.

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Indecopi has within its functions the defense of free competition and the protection of intellectual property. This institutional design has the advantage of being able to see more clearly what are the points of convergence between the two subject-matter, harmonize them and achieve the goals they have in common. Within this convergence, there are sensitive issues as the granting of compulsory licenses. In this work, we highlight that compulsory licenses are exceptional measures and, to consider its granting, the State must have a procedure that provides confidence and predictability to citizens and clear definitions of what is meant by public interest, emergency and national security. Finally, it is proposed that the granting of compulsory licenses should be justified by a cost benefit analysis showing that is the best choice.
El Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (IndecopI) tiene entre sus funciones tanto la defensa de la libre competencia como la protección de la propiedad intelectual. Este diseño institucional tiene la ventaja de permitir apreciar con mayor claridad cuáles son los puntos de convergencia entre ambas materias, armonizarlos y conseguir los objetivos que tienen en común. Dentro de esta convergencia, existen temas sensibles, como el otorgamiento de licencias obligatorias, por lo que en el presente trabajo se destaca su carácter de medida excepcional y se plantea que, para considerar su otorgamiento, el Estado debe contar con un procedimiento que brinde confianza y predictibilidad a la ciudadanía y con definiciones claras sobre qué debemos entender por interés público, emergencia y seguridad nacional. Finalmente, se propone que su otorgamiento tenga justificación en un análisis costo beneficio que arroje como resultado que, en efecto, era la opción más adecuada.

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Saumtally, Anissa. "Economic catching-up, Technological progress and Intellectual property rights." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0829/document.

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L’objectif de cette thèse est de proposer une réponse à la question: Est-ce que les politiques de renforcement des droits de propriété intellectuelle telles que les TRIPS peuvent être bénéfiques aux pays en développement et leurs perspectives de rattrapage économique.?Pour répondre à cette question, on s’intéresse à la dynamique technologique sous-jacente au processus de rattrapage économique. Le premier chapitre propose une revisite empirique et analytique du modele de “catching-up and falling behind” de Verspagen (1991) qui se focalise sur l’étude du rôle des dynamiques d’innovation et d’imitation dans le processus de rattrapage économique. On trouve que même si la dynamique d’innovation est importante pour le rattrapage, la dynamique d’imitation se révèle nécessaire pour s’assurer que les pays en développement puissent développer leurs capacités qui leur permettront de prospérer. L’efficacité de la dynamique d’imitation est conditionnée par les caractéristiques du pays qui détermine sa capacité d’apprentissage (“Learning Capability”).Le deuxième chapitre se concentre sur la compréhension du fonctionnement des transferts de technologie entre les pays développés et les pays en développement. On s’intéresse aux mécanismes derrières les deux canaux de transferts principaux, le commerce international et les IDE, qui sont les canaux les plus étudiés dans la littérature. On déduit de ce chapitre la richesse et la complexité de ces mécanismes.Dans le troisième chapitre, on développe un modèle à base d’agents (ABM) pour représenter ces interactions Nord-Sud et leur complexité, avec une approche évolutionniste. Le modèle de base permet en particulier l’étude du mécanisme de transfert par la mobilité (locale) des travailleurs, un canal très peu étudié dans la littérature. Ceci nous permet d’étudier l’impact que les IDE peuvent avoir sur le développement et le rattrapage. On trouve que si les IDE des pays développés vers les pays en développement peuvent, sous certaines conditions, encourager les transferts de technologie et permettre ainsi le rattrapage, il y a tout de même des effets négatifs potentiels sur les industries locales, en particulier dans les pays les plus en retard.Le dernier chapitre propose une extension du modèle qui introduit les brevets et nous permet ainsi de répondre à la question principale. On observe que si les brevets permettent d’inciter les firmes du Nord à diffuser leur technologie et facilité le rattrapage, ces firmes demanderaient un e parfaite application des lois sur la propriété intellectuelle, ce qui serait trop sévère sur les firmes locales car cela bloquerait les imitations et surtout entraverait les efforts d’innovation de ces firmes, tout en procurant un bénéfice limité pour les firmes du Nord
The objective of this thesis is to propose an answer to the question: Can intellectual property rights policies such as TRIPS be beneficial for developing countries and their catching-up process?To answer this question, we first look at the technological dynamics behind the catching-up process. The first chapter thus provides an empirical and analytical update on the catching-up and falling behind model by Verspagen (1991), which focuses on studying the role of the innovation and imitation dynamics in the catching up process. Mainly, we find that while the innovation dynamic is important for the catching-up process, the imitation dynamic is necessary to ensure that countries build solid capabilities that will enable them to prosper. The efficiency of the imitation dynamics is dependent on policy factors that make up the learning capability of firms and ensure firms succeed assimilating knowledge.The second chapter focuses on understanding the way those technological transfers from developed to developing countries can occur, we focus on studying the mechanisms behind two main channels, that is international trade and FDIs, which represent the main form of North-South interactions studied in the literature. From this chapter we conclude that there is a rich diversity of complex mechanisms.In the third chapter, we thus build an agent-based model (ABM) to represent those North-South interactions and their complexities, with an evolutionary economics approach. The model allows us to study a particular mechanism: transfers through the local labour mobility, a channel seldom discussed in the literature. This allows us to study the impact FDI may have on development and catching-up outcomes. We find that while FDI from developed countries can, under the right conditions, encourage technological transfers and thus catching up, there are potential negative effects on local industries, in particular in countries largely behind.The final chapter proposes an extension of the model that introduces patents, in order to answer the main question. We find that while patents help motivate northern firms to disclose their technology and thus facilitate development, those firms would require a perfect level of enforcement that will be too harsh on local firms, block imitations and also severely hinder the southern firms’ innovative efforts, while generating limited gains for northern firms

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Nilsson, Ola. "Rights to Software and Databases : From a Swedish Consulting Perspective." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-10298.

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In recent times companies have been forced to become more and more digitalized in order to spread company information and facilitate communication with clients, con-sumers and their own employees. The knowledge to integrate software and launch the company into the digital world cannot always be found within the company itself. Therefore, companies often resort to employing consulting companies to enable this for them. Because of copyright, the software created does not solely belong to the employing company – the intellectual property rights automatically stay with the con-sulting company that made it.

When the consulting company omits details concerning intellectual property rights in the employment contract, the standard rules in the Swedish Copyright Act and the international directives kick in and give the consulting company the full rights to the programmes that it has created – with a few exceptions. The employing company may only alter the software in order to ensure that it is fully compatible with the al-ready existing programmes it utilises and the operating system it uses. Even reverse engineering is permitted as long as the information gathered is only used for ensuring the compatibility.

Information in databases is protected as it is creatively arranged in systematic or me-thodical way by the one that has made a substantial investment in obtaining, verifying or presenting the information. The substantial investment depends on the one that has taken the risk of investing in the particular database. As databases are rarely made by consulting companies on behalf of a client, and the rules are sufficiently clear as to whom the ownership of the database is, there are few questions concerning data-bases. Because of this, the assumption would be that the current legislation is work-ing properly.

One of the more troubling issues in regards to copyright is that even though reverse engineering is illegal, proving infringement comes down to evidence and what parts that are quantitatively or qualitatively significant in the original programme. Cur-rently, there is no registry of copyrighted works in Sweden and so there is not telling who made the programme first if the work happens to spread. The creators of soft-ware have expressed concern and allegedly lobbied for a new directive giving more protection to the original creators. The culmination of the lobby work was the Soft-ware Patent Directive, which proposed that software should be seen as an invention and therefore eligible for patenting. However, there were many reasons as to why software should not be patented, most notably increased cost and the years of wait-ing for the patent grant, and the directive was rejected. Still, the concerns persisted and no greater protection has been given to the creators of software.

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Dissertations / Theses on the topic 'Indigenous intellectual property rights'

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