Academic literature on the topic 'IPR enforcement'
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Journal articles on the topic "IPR enforcement"
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DAVIS, LEWIS S., and FUAT ŞENER. "INTELLECTUAL PROPERTY RIGHTS, INSTITUTIONAL QUALITY AND ECONOMIC GROWTH." Journal of International Commerce, Economics and Policy 03, no. 01 (February 2012): 1240005. http://dx.doi.org/10.1142/s1793993312400054.
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We consider intellectual property rights (IPRs) in a Schumpeterian growth model in which patent holders face the threats of profit loss due to imitation and complete valuation loss due to outside innovation. We disaggregate IPR policies by distinguishing between the quality of the IPR regime and the intensity of IPR enforcement. An increase in the quality of the IPR regime unambiguously promotes growth. However, the relationship between IPR enforcement intensity and growth follows an inverted U-shaped curve. The growth-maximizing intensity of IPR enforcement is decreasing in institutional quality. We also investigate the model's welfare implications and examine the economy under a no-growth equilibrium.
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Christopoulou, Danai, Nikolaos Papageorgiadis, Chengang Wang, and Georgios Magkonis. "IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis." Management International Review 61, no. 2 (April 2021): 235–66. http://dx.doi.org/10.1007/s11575-021-00443-0.
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AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.
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Schäfer, Andreas, and Maik T. Schneider. "ENDOGENOUS ENFORCEMENT OF INTELLECTUAL PROPERTY, NORTH–SOUTH TRADE, AND GROWTH." Macroeconomic Dynamics 19, no. 5 (January 17, 2014): 1074–115. http://dx.doi.org/10.1017/s1365100513000709.
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Now that most countries have harmonized intellectual property right (IPR) legislation as a consequence of signing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), the dispute about the optimal level of IPR protection has shifted toward IPR enforcement. This paper develops an endogenous growth framework with two open economies satisfying the classical North–South assumptions to study (a) the regions' incentives to enforce IPRs in a decentralized game, (b) the desired IPR enforcement of the two regions in negotiation rounds on global harmonization, and (c) the constrained efficient enforcement level. We show how the different solutions relate to each other and how the results depend on the research productivity in the North and the regions' relative market sizes. Although growth rates increase substantially when IPR enforcement is harmonized at the North's desired level, our numerical simulation suggests that the South may also benefit in terms of long-run welfare.
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Sun, Yiwu. "Customs Agency Enforcement of IPRs in an FTZ." Global Trade and Customs Journal 10, Issue 5 (May 1, 2015): 181–88. http://dx.doi.org/10.54648/gtcj2015021.
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The recent global proliferation of free trade zones (FTZs) has increased the difficulty of protecting intellectual property rights (IPR), as criminals take advantage of these zones' relaxed oversight and reduced customs controls by manufacturing and shipping illegal goods within and outside of these zones. IPR enforcement in FTZs remains a contentious issue internationally. Some international harmonization of national rules has occurred under the auspices of the World Customs Organization (WCO) and the World Trade Organization (WTO). Yet, as shown by the US and to a lesser extent China, national law has increasingly tightened around IPR enforcement in FTZs. National enforcement of trade-related IPR rules in FTZs will serve the Shanghai Pilot Free Trade Zone well. Chinese Customs regulations fail to provide adequate remedies for dealing with IPR infringing goods in this FTZ, especially remedies covering in-transit goods and Original Equipment Manufacturer (OEM) goods.
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Saifuddin Hossain, Syed. "Border Enforcement of IPR Laws in Australia." Global Trade and Customs Journal 4, Issue 1 (January 1, 2009): 1–14. http://dx.doi.org/10.54648/gtcj2009001.
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Customs in the twenty–first century has a role that expands far beyond the traditional role of revenue collection, and includes trade facilitation and border protection. It is now required to guard against both importation and exportation of dangerous and counterfeit products which pose serious threat not only to the economy, but also to the society in general. With its firmly built legislative base coupled with strategically developed implementation mechanism, the Australian Customs Services (ACS) plays a crucial role in ensuring border protection of Intellectual Property Rights (IPR) laws. Conformity with the provisions and standards set out by the apex trade bodies in the world is a major strength of the Australian Customs in its ongoing battle against infringement of IPR laws. The Australian Customs maintains a close relationship with other border agencies and the business community with a view to interdicting and disrupting the illicit trade in goods that infringe IPR.
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Nabin, Munirul H., Robin Visser, and Pasquale M. Sgro. "Product differentiation, research & development and IPR enforcement." International Review of Economics & Finance 52 (November 2017): 427–35. http://dx.doi.org/10.1016/j.iref.2017.03.009.
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Maghfirah, Nurul, Siti Zaviera, Daffa Alghazy, and Chairul Fahmi. "UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS IN THE INDONESIAN TRADING BUSINESS." Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah 4, no. 2 (September 21, 2023): 89–103. http://dx.doi.org/10.22373/al-mudharabah.v4i2.3384.
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This article aims to find out the concept of Intellectual Property Rights (IPR) in Indonesia and its application in business ventures. In general, Indonesia has recognised IPR and has passed a number of laws related to IPR protection. This research uses a literature approach method, where data is obtained from secondary sources, both from books, articles and various references related to this research. The results show that the application of IPR in Indonesia is still experiencing various problems, where many IPR results are violated. Conversely, law enforcement against IPR violations is still very weak. This is inseparable from the scope of IPR which is categorised as part of civil law. This means that if no one reports and feels harmed by the IPR violation, then the violation is not followed up or handled by the authorities.
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Chi, Ketian. "The Practical Effectiveness of the Singapore Mediation Convention on the Protection of Intellectual Property Rights in China's Cross-Border E-commerce and Lessons Learned." Journal of Law and Sustainable Development 11, no. 12 (December 6, 2023): e2396. http://dx.doi.org/10.55908/sdgs.v11i12.2396.
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Objective: This study aims to thoroughly assess the impact of the Singapore Mediation Convention (SMC) on intellectual property rights (IPR) enforcement within China's e-commerce industry. The focus is on key indicators: dispute frequency, resolution efficiency, and stakeholder trust. Using Python and libraries like pandas, numpy, and seaborn, a quantitative analysis is conducted on twelve monthly observations, comparing pre and post-SMC implementation to quantify observed changes.
Methods: For this research, a robust quantitative framework is deployed, leveraging Python and essential libraries. The approach involves a comparative analysis of data collected before and after SMC implementation. The twelve-month sample size ensures comprehensive representation. This method enables a nuanced understanding of SMC's impact on dispute frequency, resolution efficiency, and stakeholder trust.
Results: Findings show a noticeable reduction in disputes and shorter resolution times post-SMC implementation, indicating positive impacts. Stakeholder trust has significantly risen, reflecting increased confidence in the industry. These quantitative outcomes collectively affirm the SMC's efficacy in fostering a secure and trustworthy environment for IPR enforcement in China's e-commerce landscape.
Conclusion: In conclusion, this study underscores the positive influence of the Singapore Mediation Convention on IPR enforcement in China's e-commerce. Reduced disputes, improved resolution efficiency, and heightened stakeholder trust showcase the SMC's instrumental role. Beyond addressing IPR challenges, these findings emphasize the broader impact of mediation conventions in cultivating an environment conducive to thriving e-commerce activities.
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WANG, QINGFENG, and XU SUN. "EXPLORING CHINESE DESIGN BUSINESS OWNERS’ ATTITUDES TOWARDS INTELLECTUAL PROPERTY RIGHTS." International Journal of Innovation Management 23, no. 06 (July 25, 2019): 1950059. http://dx.doi.org/10.1142/s1363919619500592.
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As Intellectual Property (IP) protection can nurture innovation, and since innovation is one of the critical sources of economic growth, it has become especially important since China surpassed a certain economic development stage, because China now has a growing number of its own innovations which need to be protected. This paper describes the construction of a new research model with which to explore and examine the impact of potential factors on attitudes towards Intellectual Property Rights (IPR) in China in the context of the creative design industry. The findings of a quantitative study of Chinese design business owners reveal the significant roles of Confucianism, perceived economic loss and perceived effectiveness of IPR law enforcement in shaping their attitudes towards IPR. Our findings support the idea that promoting Confucianism can help to develop an internalised respect for IPR, while sizable penalties for IPR infringement can enhance the effectiveness of IPR protection.
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Hu, Debao, Zhengkai Liu, and Jing Zhao. "Will Intellectual Property Rights Policy Increase Foreign Direct Investment and Promote Technological Innovation?" Mathematical Problems in Engineering 2021 (January 27, 2021): 1–11. http://dx.doi.org/10.1155/2021/6672060.
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In this paper, we discuss the effects of intellectual property rights (IPRs) on FDI and indigenous innovation and the overall effects of IPR on the Southern and Northern countries. Our model predicts that tighter IPR is good for FDI and indigenous innovation; however, the effects vary according to the initial resource endowment such as skill level and absorptive capacity. By a game theory model, we also find that tighter IPR benefits both sides if the innovation is the common knowledge to both players, and it improves indigenous innovation and welfare in a short term, but they will emerge in the long run. We also discuss the further direction to an empirical study. Finally, we make the following conclusion: IPR is part of business environment, and tighter IPR in progress is good for boosting welfare of both sides. It is time to build a better environment for IPR, but the cost of patent enforcement policy and the trade barrier must be taken into account.
Dissertations / Theses on the topic "IPR enforcement"
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Surmeli, Gungor. "The enforcement of intellectual property rights (IPR) in Turkey in the EU accession process : a perception analysis of the police officers dealing with IPR crimes." Thesis, Durham University, 2011. http://etheses.dur.ac.uk/1397/.
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Intellectual property rights (IPR) has become one of the most debated issues, particularly in recent years due to its relevance and importance in the intellectual, economic and industrial fields. It is widely accepted that the protection of IPR plays a crucial role in intellectual and technological developments as well as research and development (R&D) activities. Turkey has been a party to several international treaties and conventions in terms of protection of IPR. While IPR legislations can be traced back to the Ottoman Empire time; the proactive developments with regard to IPR issues were initially expedited within the process of the Customs Union in 1995 and then with the commencement of the European Union (EU) accession negotiations in 2005. Intellectual Property (IP) law is one of the chapters that has to be adopted in accordance with the EU legislations. Therefore, harmonisation of IP law has an important function for Turkey in the EU accession process, but also is a requirement. In addition to the importance of legislative developments, enforcement of IPR is also essential in terms of preventing piracy and counterfeiting. Therefore, this research aims to explore the enforcement of IPR in Turkey in the EU accession process by focusing on the perceptions of the main enforcers, namely police officers dedicated to deal with IPR-related crimes. In fulfilling the identified aim, apart from the secondary sources such as documents presented in the negotiations with the EU, a questionnaire schedule was administered with the police officers with the objective of gathering primary data. After exploring and analysing various issues related to IPR crimes and its enforcement, the research explores the challenges encountered by the police officers dealing with IPR crimes and then indicates the precautions and recommendations for an effective enforcement system in the fight such crimes. The main findings of the research indicate that, as perceived by the participants, the fight against IPR crimes should be carried out by specialised IPR units, as anti-piracy commissions are not working satisfactorily; and a single organisation should be established in order to deal with both copyright and industrial property rights. In addition, it is perceived by the majority of the respondents that legislative and administrative measures should be considered in order to overcome the problems related to IPR challenges, and there is a connection between IPR criminals and organised crime groups. Furthermore, the findings suggest that IPR education can be added to the curriculum at schools. While the Turkish police have made considerable developments with regard to the protection of IPR issues both in administrative and enforcement aspects, the research indicates that there are further issues to be tackled to bring about a more efficient and effective IPR enforcement system in Turkey.
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Li, Hua. "Enforcement of IPR in the UK and China judicial regimes : a comparative study of anti-counterfeit litigation." Thesis, Cardiff University, 2012. http://orca.cf.ac.uk/38798/.
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This thesis contrasts the litigation of disputes in intellectual property rights between China and England. China is comparable with England in its substantive IPR law, but less so in terms of its enforcement. The thesis examines the judiciary’s role in IPR litigation and analyses the guidance on anti-piracy and unfair competition implied in IPR judicial enforcement. The thesis attempts to draw some basic criteria to achieve a clear just IPR protection in China. The thesis investigates in actual legal practice how, and to what degree from a similar legal base, IPR protection varies greatly between China and England. This involves: an analysis of case management, the discovery of evidence, the ascertainment of facts and issues of law, the legal finality, and the evaluation of judgment. The thesis considers whether there is a basic, just and practical standard of enforcement that might be followed for China. The main nature of my thesis lies in its originality in taking the first hand IPR cases to do comparative research on IPR enforcement through the lens of res judicata, overlapping multi-claims and issues of case management. It reveals the correlation between case management, judicial ascertaining of facts and issues of law, legal finality and issue estoppel, and arriving at a just result. By reviewing jurisprudential theories and their practical influence in English appellate cases, the study tries to show that transparency, equality of treatment and consistency form the basic core standard in enforcing IPR protection in China, and in providing a solid powerful foundation, from bottom to top, to promote and reform the structure of the Chinese legal regime.
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Kyrylenko, Anastasiia. "L’exportation des normes de propriété intellectuelle par l’UE vers les pays voisins de l’Europe de l’Est." Electronic Thesis or Diss., Strasbourg, 2022. http://www.theses.fr/2022STRAA008.
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Dans cette thèse, j'ai abordé les dispositions d'application des droits de propriété intellectuelle de trois accords d'association (AA), que l'Union européenne (UE) a conclus avec la Géorgie, la Moldavie et l'Ukraine au début des années 2010. J'ai puisé dans ces AA en tant que représentants de la politique extérieure souvent critiquée de l'UE en matière de propriété intellectuelle (PI), lancée en 2004, qui consiste à exporter les règles internes de l'UE en matière de propriété intellectuelle par le biais d'accords commerciaux. Cette analyse m'a permis d'aborder la question fondamentale de cette thèse : y a-t-il quelque chose de bon dans les accords commerciaux de l'UE ? La réponse claire, appuyée par cette thèse sur l'exemple des AA, est « oui ». L'enquête générale, qui a conduit à ces conclusions, était triple. Premièrement, j'ai analysé la politique générale de l'UE envers la Géorgie, la Moldavie et l'Ukraine concernant l'application des droits de propriété intellectuelle, ainsi que sa perception dans la littérature académique. Deuxièmement, après avoir retracé les critiques académiques existantes sur les accords commerciaux de l'UE, j'ai examiné si ces critiques étaient justifiées, telles qu'appliquées aux trois AA. Troisièmement, sur la base de cette analyse, j'ai identifié des problèmes supplémentaires auxquels les pays tiers pourraient être confrontés lors de la mise en oeuvre d'un accord commercial avec l'UEIn this thesis, I have addressed the IPR enforcement provisions of three Association Agreements (AAs), which the European Union (EU) concluded with Georgia, Moldova and Ukraine in the early 2010s. I drew on these AAs as representatives of the EU's often criticized external intellectual property (IP) policy, launched in 2004, which consists of exporting the EU's internal IP rules through trade agreements. Said analysis allowed me to approach the fundamental question of this thesis: is there something good with the EU trade agreements? The plain answer, supported by this thesis on the example of the AAs, is “yes”. The general investigation, which led to these conclusions, was threefold. First, I analyzed the general policy of the EU towards Georgia, Moldova and Ukraine regarding the enforcement of IPRs, as well as its perception in the academic literature. Second, after tracing existing academic criticism of the EU's trade agreements, I examined whether such criticism was justified, as applied to the three AAs. Third, based on this analysis, I identified additional problems that third countries might face when implementing a trade agreement with the EU
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Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
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Liang, Shu-Yuan, and 梁書瑗. "Bureaucracy, Court and the IPR Enforcement in China." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/xr7sb3.
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Christopoulou, D., N. Papageorgiadis, Chengang Wang, and G. Magkonis. "IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-Analysis." 2021. http://hdl.handle.net/10454/18460.
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YesWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.
Books on the topic "IPR enforcement"
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Zhi hui cai chan quan yun yong yu jing zheng zhi xu: IPR enforcement and competition act. 2nd ed. [Taibei Shi]: Jing ji bu zhi hui cai chan ju, 2007.
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United, States Congress House Committee on the Judiciary Subcommittee on Courts the Internet and Intellectual Property. International IPR report card: Assessing U.S. government and industry efforts to enhance Chinese and Russian enforcement of intellectual property rights : hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, December 7, 2005. Washington: U.S. G.P.O., 2006.
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International Ipr Report Card: Assessing U.S. Government and Industry Efforts to Enhance Chinese and Russian Enforcement of Intellectual Property Rig. Not Avail, 2006.
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Min, Eun-Joo, and Johannes Christian Wichard. Cross-Border Intellectual Property Enforcement. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.28.
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This chapter identifies national and regional approaches adopted to ensure that intellectual property (IP) rights are enforceable in a global environment constituted by territorial rights that rely on local courts. It discusses reconsideration and recalibration of the private international law (PIL) rules that govern IP relationships in relation to jurisdiction, applicable law and recognition and enforcement. The chapter also explores the emergence of new fora for cross-border IP enforcement, through either trade or investment arrangements or privately designed alternative dispute resolution (ADR) mechanisms. It concludes by underscoring the continued relevance of the territoriality of IP rights, and the importance of coherence and mutual consistency between the different legal systems and regimes of cross-border IP enforcement.
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Grosse Ruse-Khan, Henning. The Perspective of World Trade Law on IP Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0010.
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This chapter takes the perspective of international trade law, as embodied in the General Agreement on Tariffs and Trade (GATT), and examines how the rules on trade in goods address intellectual property (IP) protection and enforcement measures. It first looks at IP protection and enforcement as a potential barrier to and facilitator of global trade. Next, early GATT cases are discussed as examples for how national IP rights fared under multilateral trade rules in a pre-Trade Related Aspects of International Property Rights (TRIPS) era. The chapter then scrutinizes whether the same holds true in a post-TRIPS environment that is commonly characterized by TRIPS-plus protection and enforcement measures. Hereafter, certain provisions from the GATT are discussed as the central conflict norm in the trade–IP relationship. Finally, the chapter returns to the role of TRIPS in assessing IP protection and enforcement measures as potential breaches of GATT.
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Pirelli, Gianni. Domestic and Intimate Partner Violence. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190630430.003.0005.
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In this chapter, the authors provide an overview of domestic (DV) and intimate partner violence (IPV) with respect to the relevant definitions, statistics, and research associated with them. First, they present various definitions and types most commonly accepted in the professional literature as well as the association with firearm misuse in these contexts. Furthermore, the authors present psychological components and theories of DV and IPV, including battered woman syndrome and its utility in court proceedings and the like. In addition, they present various high-profile DV and IPV incidents involving firearms, including those that have involved celebrities, athletes, citizens, and law enforcement personnel. Lastly, the authors review laws, regulations, and protective orders associated with DV and IPV scenarios.
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Grosse Ruse-Khan, Henning. Trips and Later Inter-Se Agreements. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0005.
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This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS addresses such further increases in protection and enforcement. It also looks at conflict clauses in FTAs and how they perceive their relation with the multilateral IP rules, especially the TRIPS Agreement. The principal question here is whether rule-relations within the international IP system are still primarily determined by harmonious interpretation — or if conflict resolution rather functions by choosing one rule over another.
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Freidank, Carl-Christian, Volker H. Peemöller, Wolfgang Ballwieser, Jochen Bigus, Verena Brandt, Reinhart Bubendorfer, Andreas Deppendorf, et al. Corporate Governance und Interne Revision. Erich Schmidt Verlag GmbH & Co. KG, 2007. http://dx.doi.org/10.37307/b.978-3-503-10385-0.
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Die weltweiten Regeln der Corporate Governance wirken sich massiv auf die interne Revision in Unternehmen aus: Reformen, höchstrichterliche Entscheidungen, neue Berufstandards oder organisatorische Innovationen – mehr denn je erfordert die Revisionsarbeit eine dauerhafte Anpassung an aktuelle Entwicklungen. Das Buch von Carl-Christian Freidank und Volker H. Peemöller zeigt Ihnen die notwendige Neuausrichtung der Internen Revision auf. Über 70 namhafte Experten vermitteln in mehr als 50 Beiträgen die Anforderungen der IFRS an die Interne Revision, Einflüsse der Unternehmensführung, spezielle Branchenregelungen sowie internationale Entwicklungen für das Internal Auditing. Sie finden in diesem Handbuch alle wichtigen Schlagworte wie IKS, Enforcement, Fraud und viele mehr. Das ideale Grundlagen- und Nachschlagewerk, gefördert vom Deutschen Institut für Interne Revision e.V. (IIR).
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Aplin, Tanya, and Jennifer Davis. Intellectual Property Law:. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198743545.001.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Intellectual Property Law: Text, Cases, and Materials provides a complete resource for undergraduate and postgraduate students of intellectual property (IP) law. The first text of its kind in the field, it combines extracts from major cases and secondary materials with critical commentary from experienced teachers in the field. The book deals with all areas of IP law in the UK: copyright, trade marks and passing off, personality and publicity rights, character merchandising, confidential information and privacy, industrial designs, patent, procedure, and enforcement. It also tackles topical areas, such as the application of IP law to new technologies and the impact of the internet on trade marks and copyright. All chapters now include relevant legal developments relating to the internet and digital technologies. While the focus of the book is on IP law in a domestic context, it provides international, EU, and comparative law perspectives on major issues, and also addresses the wider policy implications of legislative and judicial developments in the area. The book is an ideal resource for all students of IP law who need cases, materials, and commentary in a single volume.
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Beck, Robert J. International Law and International Relations. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.406.
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International Law (IL) is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations (IR). International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters, legal precedents of the International Court of Justice (aka World Court); and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. This is where IR come about; it attempts to explain behavior that occurs across the boundaries of states, the broader relationships of which such behavior is a part, and the institutions (private, state, nongovernmental, and intergovernmental) that oversee those interactions. Explanations can also be found in the relationships between and among the participants, in the intergovernmental arrangements among states, in the activities of multinational corporations, or in the distribution of power and control in the world as a single system.
Book chapters on the topic "IPR enforcement"
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Devonshire-Ellis, Chris, Andy Scott, and Sam Woollard. "Enforcement of IPR in China." In Intellectual Property Rights in China, 29–41. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-15408-9_6.
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Seng, Daniel. "Detecting and Prosecuting IP Infringement with AICan the AI Genie Repulse the Forty Counterfeit Thieves of Alibaba?" In Artificial Intelligence and Intellectual Property, 292–320. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198870944.003.0014.
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Drawing from available quantitative and qualitative data, this chapter briefly identifies and describes the automated as well as the more sophisticated AI-driven systems deployed to detect and enforce intellectual property rights (IPR) infringement by trademark and copyright holders in the online environment. It studies the legal basis for the use of such automated systems in copyright and trademark laws, and examines how such automated systems have upended, refocused, and altered many of the issues of IPR infringement and their enforcement. This chapter will also look at the problems of non-compliant Digital Millennium Copyright Act takedown notices, opportunistic copyright trolls, and non-interventionist Internet intermediaries, review the relevant judicial and legislative treatments including those in the Directive on Copyright in the Digital Single Market, and propose possible solutions to these problems.
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Dimitrov, Martin K. "The Evolution and Adaptation of Business–Government Relations in Zouping." In Zouping Revisited. Stanford University Press, 2018. http://dx.doi.org/10.11126/stanford/9781503604001.003.0005.
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This chapter analyzes business-government relations in a single Chinese county through the lens of IPR regulation. A focus on Zouping reveals the scope of variation that exists in business-government relations more than two decades after the introduction of policies regarding the separation of business and government. Three different ideal-typical models characterize business-government relations in Zouping: the Maoist model, where state and business are fused; the local developmental state model, where state financial and administrative resources are used to create the best possible environment for business; and the regulatory state model, where the relationship between the state and business is mediated by regulatory agencies, which are independent of the state and approach business as impartial referees. This variation within the same county with regard to IPR enforcement highlights one of the main themes of this volume, namely the coexistence of both continuity and adaptive change in Zouping.
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Joseph, Sophy K. "Farmers’ Rights versus Intellectual Property Rights." In Customary Rights of Farmers in Neoliberal India, 123–63. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190121006.003.0004.
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At the outset, the conventional IPR norms fail to protect the traditional knowledge of the farmers and their contributions through their limited contours of criteria-based protection and rigid rights framework. This chapter extensively analyses theories that support IPRs over plant genetic resources and observe the fall-outs of such theories in addressing customary rights of the farmers. While there are economic theories to support private property rights, it is also important to discuss theories that advocate inclusionary rights regime. Theories ranging from libertarian to egalitarian accommodate rights of farmers to resume their traditional activities without any restrictions. Non-conventional IPR norms that tried to accommodate the principle of inclusion though biodiversity and traditional knowledge protection is also analysed with its limitations. Principles such as state sovereignty, prior informed consent, and equitable benefit-sharing have not found much enforcement so far in the developing countries. This chapter further argues that the economic incentives that the farmers have been provided with compared to the benefits of multinational breeders are not equitable or justiciable under the realm of rights framework.
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Noakes, Stephen. "The power of state preferences: the ‘natural cases’ of the campaigns for Falun Gong and IPR protection." In The Advocacy Trap. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526119476.003.0003.
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This chapter is constituted by a systematic exploration of two transnational advocacy campaigns targeting the Chinese state: the search for justice on behalf of the Falun Gong religious movement, banned in China since 1999, and the transnational push to strengthen intellectual property rights in the PRC. In terms of results, these campaigns turned out completely differently. While the IPR protection campaign was welcomed by China’s leaders and witnessed the creation of an extensive if somewhat ineffectual set of institutions geared towards more rigorous enforcement, the campaign for Falun Gong received no such reception, and has not been countenanced in any form by the national government, save for its ongoing effort to exterminate the group from the Chinese mainland. Despite these disparate results, however, both of these cases reflect a pattern of ‘natural’ causality, as neither was incentivized to alter its original mission or message.
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Narula, Rajneesh. "IPRs, Cross-border (Collaborative) Innovation and Development Challenges: A Commentary." In Cross-Border Innovation in a Changing World, 346–60. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870067.003.0019.
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This commentary considers Chapters 11 and 12 by Papageorgiadis and McDonald (2022), and Giuliani et al. (2022), respectively, and how their insights on cross-border, collaborative innovation, and Intellectual Property Rights (IPRs) shed light on the challenges of economic development. Effective collaboration for both innovation and development is challenging to achieve, particularly between firms of different nationalities, structures, and industries. Generating positive development outcomes requires appropriate institutions to govern the interactions between private firms, MNEs, and non-firm actors, particularly those associated with IPRs. Well-defined IPRs are indispensable for development. When used strategically, IPR policies are an important complementary asset within industrial policies. However, when legislated and enforced mechanically by utilizing a generic template for advanced economies, they can impede development and growth. There are high costs in enforcement and monitoring of IPRs. Resource constraints to evaluate sophisticated IPRs, is a significant bottleneck, exaggerated when the informal sector plays a large role.
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Munkholm, Louise, and Susan Rogers Van Katwyk. "International Law and Antimicrobial Resistance." In Steering Against Superbugs, 267–80. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192899477.003.0019.
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Abstract Although few international laws govern global health, there has been widespread discussion of the need for a global legal instrument to mitigate the ‘One Health’ threat posed by antimicrobial resistance (AMR). This chapter presents lessons learnt from the implementation of the International Health Regulations (2005) (IHRs) to inform debates about the potentials and pitfalls of international legal instruments for governing the global antimicrobial commons. Concretely, the chapter analyses the experiences of the World Health Organization (WHO) in IHR implementation through analysis of reports from the WHO archives, covering the years 2006–2021. Special attention is paid to the extent to which the IHRs incentivize action, institutionalize accountability, and activate interest groups. The analysis shows that IHR implementation suffers from lack of sustained action by WHO member states, lack of enforcement mechanisms, combined with an imbalance with respect to which interest groups are activated. The chapter concludes that the IHR is not suitable as an international legal framework for dealing with AMR. It argues that dispute resolution procedures with clear measures for enforcement and responsibilities need to be built into the global AMR governance regime and suggest that international trade regulation might have some relevant building blocks to draw from.
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Schneider, Marius, and Nora Ho Tu Nam. "Botswana." In Protecting Geographical Indications in Africa, 97–108. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191955082.003.0008.
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Abstract This chapter talks about Botswana, which is located in Southern Africa. Botswana is a member of the World Trade Organization and a party to the Banjul Protocol on marks in the framework of the African Regional Intellectual Property Organization (ARIPO). GIs are protected in Botswana via a sui generis system under the Industrial Property Act No 8 of 2010 (IPA), which came into force on 31 August 2012. It is further possible under the IPA to register a collective mark, although some GIs may be excluded from registration due to restrictions under the IPA. This chapter looks at the registrability of names, the procedure and requirements for registration of GIs and collective marks, the term of protection, the rights of the owner against infringers and customs enforcement. The chapter ends by looking at whether Botswana is party to any bilateral agreements touching on GIs.
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"Dynamic Enforcement of QoS Policies." In Service Automation and Dynamic Provisioning Techniques in IP/MPLS Environments, 187–98. Chichester, UK: John Wiley & Sons, Ltd, 2008. http://dx.doi.org/10.1002/9780470035146.ch8.
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"Dynamic Enforcement of IP Traffic Engineering Policies." In Service Automation and Dynamic Provisioning Techniques in IP/MPLS Environments, 199–209. Chichester, UK: John Wiley & Sons, Ltd, 2008. http://dx.doi.org/10.1002/9780470035146.ch9.
Full textConference papers on the topic "IPR enforcement"
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Tennakoon, Leila, and Lakmal Ponnamperuma. "Attitude of Police Officers towards Dealing with Individuals with Psychological Problems: A Sample from Selected Police Stations in Colombo District." In SLIIT INTERNATIONAL CONFERENCE ON ADVANCEMENTS IN SCIENCES AND HUMANITIES [SICASH]. Faculty of Humanities and Sciences, SLIIT, 2022. http://dx.doi.org/10.54389/uwtn3473.
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Sri Lanka’s Mental Diseases Ordinance (1873) gives discretion to police officers to make decisions concerning individuals who live with mental health conditions despite lack of clinical training. Identification of officers’ attitudes towards individuals with psychological problems (IPPs) is important as these influences officers’ responses to situations involving IPPs. Using the Mental Health Attitude Survey for Police (MHASP; Clayfield, 2011), the study aimed to identify police officers’ attitudes towards IPPs, on the community responsibility towards IPPs and on IPPs living in the community. Officers’ perceived level of adequacy to deal with IPPs was also assessed. Literature indicates that factors such as age, gender, level of education, years of experience, personal experience with an IPP and past training predicted officers’ attitude, the current study investigated the same. The survey was distributed amongst 77 officers who volunteered on site. MHASP includes 33 statements of officers rated their level of agreement using a Likert scale. MHASP Total an overall attitude score (M=132.67, SD=17.55) indicated a significant positive attitude towards IPPs despite an absence of a specialized training (84%) or any personal experience, officers felt confident to deal with IPPs. Multiple regression analysis identified gender of the officers to be the only predictor for attitude towards community responsibility towards IPPs (p=0.047). Despite the positive attitude and perceived adequate preparedness reported in the current study, considering the lack of experience stated by the officers and the analysis of individual items of the survey, several stigmatizing beliefs held by officers were identified. The findings can be used to enhance the current practices and specialized training to the police officers who deal with IPPs in Sri Lanka. Keywords: Police; law enforcement; attitude; mental health; psychological problems
Reports on the topic "IPR enforcement"
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De León, Ignacio L., and Jose Fernandez Donoso. The Costs of Using Formal Intellectual Property Rights: A Survey on Small Innovative Enterprises in Latin America. Inter-American Development Bank, September 2016. http://dx.doi.org/10.18235/0007023.
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This document analyzes the perceptions of small innovative enterprises (SIE) in Latin America of the effectiveness of the legal protection afforded by intellectual property rights (IPR). To analyze the costs of using IPR, the study surveyed 352 SIEs from Chile, Colombia, Costa Rica, Ecuador, Mexico, and Peru. It found evidence that SIEs do not know how the IP system works, and that most SIEs consider that knowing how it works is not important for business performance. The study finds large differences among countries with respect to the need to hire legal services to apply for IPR. There are also differences in perceptions of the efficiency of the IP system, unrelated to the countries' IPR enforcement (Park, 2008). The study also finds differences in the perception of the disadvantage in protect their IPR when innovations are imitated by a large firm. This difference is related to the countries' IPR enforcement.
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The Opportunity Framework 2020: Identifying Opportunities to Invest in Securing Collective Tenure Rights in the Forest Areas of Low- and Middle-Income Countries. Rights and Resources Initiative, September 2020. http://dx.doi.org/10.53892/rhaa9312.
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Indigenous Peoples, local communities, and Afro-Descendant Peoples (IP, LC & ADP) — roughly 2.5 billion people — customarily manage over 50% of the global land mass, but governments currently recognize their legal ownership to just 10% (RRI, 2015). Fortunately, there has been progress in addressing this historic injustice in recent years as governments have begun to pass legislation and achieve court decisions to recognize the historic and customary use and ownership of these lands. A recent stock-taking finds that since 2002, at least 14 additional countries have passed legislation that require governments to recognize these rights. Similarly, there have been positive national and regional level court decisions in numerous countries supporting the formal recognition of the collective land and forest rights of Indigenous Peoples, local communities, and Afro-descendant Peoples. RRI research demonstrates that if only 7 countries implemented these new laws, policies, and court decisions, over 176 million hectares would be transferred from government to Indigenous, local community, and Afro-descendant ownership, benefitting over 200 million people (RRI, 2018). The focus of this report, and the Framework itself, is limited to formal recognition of land and forest rights (i.e. delimitation, mapping, registry, etc.). It does not assess the important and subsequent steps of strengthening community or territorial governance, the enforcement of these rights by governments, or the capacities necessary to enable Indigenous, local community, and Afro-descendant organizations to manage or exploit their resources or engage in enterprises or economic development activities – all of which are essential for sustained and self-determined conservation and development. This Framework focuses on the first step in this longer process.